Dos Consent Agreement
The retro-transfer prohibition stems from the requirement that all export authorizations contain the indication that “[d] technical data or defence services exported from the United States to promote this agreement and any defence article that may be manufactured or manufactured from such technical data or defence services may not be transferred to a person in a third country or to a third country national unless the prior written authorization of the Department of foreign data has been obtained.  Airbus has concluded final agreements with the French National Financial Prosecutor`s Office (PNF), the United Kingdom. Serious Fraud Office (SFO) and the U.S. Department of Justice (DoJ) are resolving authorities` investigations into allegations of corruption and corruption, as well as with the U.S. State Department (DoS) and The DoJ to resolve their investigations into inaccurate and misleading submissions to the DoS, in accordance with the U.S. International Traffic in Arms Regulations (ITAR). As Meggitt, Aeroflex and Raytheon learned this year in an expensive way when it comes to export compliance, the devil is often in the details. These three companies entered into follow-up agreements with the Department of Foreign Affairs for violation of the ITAR and were fined millions of dollars ($8 million to $25 million). While some of these dealt with important issues, such as the misclassification of articles submitted to ITAR, most of the infringements involved breaches in the proper management of agreements or licences. A few examples: Denis Ranque, Chairman of the Airbus Executive Board, said: “The agreements we have reached today look to unacceptable business practices of the past. The strengthening of our compliance programs at Airbus is designed to ensure that such a fault does not happen again. The agreements also show that the decision to have a voluntary report and to cooperate with the authorities was the right one.
The commitment of the Board of Directors and its Ethics and Compliance Committee to fully support the study and implementation of the world-renowned compliance standards paved the way for today`s agreements. For each ITAR license or agreement, you must have an internal plan that entrusts responsibility for the management of the license, including verifying the export of technical equipment and data for compliance with the scope of application. Tracking the collection of agreement and amendment signatures; Obtaining all necessary confidentiality agreements and sales reports and submitting necessary reports or documents to the Department of Foreign Affairs; keep records of all exports of defence equipment, technical data and services. Equipment exported under a temporary licence (DSP-73) must be monitored in accordance with the licence forecast and return process. The late prosecution agreement with SFO Airbus has agreed to reach an agreement with the SFO in the event of a delay in prosecution. This agreement does not provide a guarantee agreement. As part of the agreement, the SFO agreed to suspend the proceedings against Airbus for a period of three years. Prosecutions are suspended if Airbus complies with the terms of the agreement throughout this period, as it has committed to.
Given the continued monitoring of the AFA, the French anti-corruption authority, Airbus will not be subject to an independent compliance check as part of the agreement with the SFO. Approval Agreement with the DoS Finally, Airbus has agreed to enter into an approval agreement with the DoS. As part of this agreement, the DoS has agreed to remedy all civil infringements committed against ITAR, which are contained in the voluntary data provided by Airbus in the approval agreement, and Airbus has agreed to retain an independent compliance officer for export control, which will monitor the effectiveness of Airbus` export control systems and its compliance by ITAR.