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Can a non-signatory U.S. party submit a hardware license 'in support' of an agreement based on a purchase order from the foreign signatory?
Yes. This is the ideal scenario for an 'in support' of transaction. The foreign signatory may identify an approved agreement in their purchase documentation however the applicant must determine if the transaction is truly 'in support' or vice 'in furtherance' of an agreement. If the manufacturer or source of the requested defense articles is the agreement holder or another U.S. signatory to the related agreement, DDTC considers that license to be 'in furtherance'.
Directorate of Defense Trade Controls (DDTC), U.S. State Department http://www.pmddtc.state.gov/
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