International Trade Law News

The Directorate of Defense Trade Controls (DDTC) recently issued notifications describing how two recent mergers and acquisitions involving companies subject to DDTC jurisdiction will impact license applications and agreements:

1. Sirius/XM Satellite Radio Merger -- Effective immediately, Sirius Radio Inc. has acquired XM Satellite Radio Inc. As a result of the acquisition, XM Satellite Radio will be known as Sirius XM Radio Inc. All currently approved authorizations identifying XM Satellite Radio Inc. will not require an amendment to reflect the name change to Sirius XM Radio Inc. A copy of this website notice must be attached to the currently approved license by the license holder.

Pending authorizations received by DDTC identifying XM Satellite Radio Inc. as a party to the license will be adjudicated without prejudice. A copy of this website notice must be attached to the approved license by the license holder.

New license applications received after December 15, 2008, identifying XM Satellite Radio Inc. as a party to the license will be considered for return without action for correction to the new name.

A copy of this website notice must be maintained by the license holder and presented with the relevant license to Customs at time of shipment.

All currently approved agreements will require an amendment to be executed to reflect these name changes. The agreement holder will be responsible for amending their agreement. The executed amendment will be treated as a minor amendment per 22 CFR 124.1(d) and must be submitted as such.

Pending agreements applications that require amending must be brought to the attention of the assigned Agreements Officer by the agreement holder. The necessary changes will be made prior to issuance when the Agreements Officer has been notified.

2. Acquisition of SAAB Space AB of Sweden and Austrian Aerospace GmbH of Austria by RUAG Holding of Switzerland -- Effective immediately, RUAG Holding of Switzerland has acquired SAAB Space AB of Sweden and Austrian Aerospace GmbH of Austria. As a result of the acquisition, the entities have been re-named as follows: SAAB Space AB will be known as RUAG Aerospace Sweden AB and Austrian Aerospace GmbH will be known as RUAG Aerospace Austria GmbH. Due to the volume of authorizations requiring amendments to reflect this name change, DDTC is exercising its authority at 22 CFR 126.3 to waive the requirement for amendments to change currently approved authorizations.

All currently approved DSP authorizations identifying SAAB Space AB and/or Austrian Aerospace GmbH will not require an amendment to reflect the name changes to RUAG Aerospace Sweden AB and/or RUAG Aerospace Austria GmbH. A copy of this website notice must be attached to the currently approved license by the license holder.

Pending authorizations received by DDTC identifying SAAB Space AB and/or Austrian Aerospace GmbH as a party to the license will be adjudicated without prejudice. A copy of this website notice must be attached to the approved license by the license holder.

New license applications received after December 15, 2008, identifying either SAAB Space AB and/or Austrian Aerospace GmbH as a party to the license will be considered for return without action for correction to the new name.

A copy of this website notice must be maintained by the license holder and presented with the relevant license to Customs at time of shipment.

All currently approved agreements will require an amendment to be executed to reflect these name changes. The agreement holder will be responsible for amending their agreement. The executed amendment will be treated as a minor amendment per 22 CFR 124.1(d) and must be submitted as such.

Pending agreements applications that require amending must be brought to the attention of the assigned Agreements Officer by the agreement holder. The necessary changes will be made prior to issuance when the Agreements Officer has been notified.

Labels: DDTC, ITAR