b) special clause for agreements on important military equipment. With regard to an agreement on the production of important military equipment, the following additional provisions should be included in the agreement: 24 deviations using Option 1. This option is not related to a particular transaction, but gives the power to include the specific person in any future authorization. NOTE: Redeployments to authorized DN/TCN personnel are permitted to continue if Ministry of Defence (MOD) forces/elements are deployed during operations and/or training outside a previously authorized country. However, transfer to third/dual national countries of the country where forces/elements are deployed is not permitted without prior authorization from the Ministry of Foreign Affairs. c. The literal clause 124.8 (5) changed as a result of FRN 7428: (5) Technical data or defence services; defence items that are exported from the United States to promote this agreement, as well as any defence items that may be manufactured or manufactured from such technical data or defence services, may not be transferred to a foreign person unless they are compliant and expressly authorized in this agreement, or if prior written authorization from the Department of Foreign Affairs has been obtained. NOTE: The new clause 124.8 (5) specifies the three options contained in its text: and , (option 1) as expressly provided for by the agreement (option 2) or whether prior written authorization from the Ministry of Foreign Affairs has been obtained. (option 3) d.
After August 15, 2011, all approved agreements/amendments will have to include the new Clause 124.8 (5) in its entirety. If the old literal clause is used, a reserve is added to amend it before execution in the new clause. The addition of the new clause 124.8 (5) is not the power to exercise Option 1 above. (see item 3.5.1(a) below for the instructions for implementing Option 1) 24 d) Minor changes. It is not necessary to submit to approval any amendments that only change delivery or performance plans or any other minor administrative change that does not affect the duration of the agreement or the clauses or information that must be included in those agreements because of the requirements of this party. A copy of all these minor amendments must be submitted to the Arms Control Branch within 30 days of the conclusion. (9) Unless the items covered by the agreement do apply to individuals or cryptographic equipment and software for financial and commercial applications), the following clause must be included in all storage and distribution agreements: “The sale or any other transfer of the licensed article is limited to governments of countries located in the territory of distribution and private companies wishing to obtain the article granted under a contract with a government within the distribution territory, unless prior written authorization from the United States has been granted in writing.