New Guidelines for Supporting Docs for DSP-73 and DSP-61

The DDTC has published the new guidelines for supporting documentation requirements for license types DSP-73 and DSP-61. These requirements became effective April 15, 2008 and any stand alone license applications that are submitted after this date are subject to Return Without Action.

DSP-73

All license applications will need to be supported by:

• A transmittal letter from the applicant explaining the need for the export and the responsibility of each party to the license. The letter is required, even if all of the information is included in the actual application.
• The application must also be limited to one end-use and it is recommended that the application be limited to a geographic region.

Any replacement/renewal license applications will need to be accompanied by a

• Transmittal letter describing the need for the continued export activity and the current disposition of the article in question
• Complete copy of the precedent license
• Must be received by DDTC 60 days prior to expiration

DSP-61

Any License applications for overhaul/repair and modification/upgrade transactions must now include:

• Request from the foreign owner of the defense articles
• Transmittal letter describing why the temporary import does not meet the exemption, including the full modification and upgrade performed

Any Licenses relating to the temporary imports or foreign-manufactured defense articles for a trade show demonstration:

• Supported documentation from the US entity responsible for the defense article while it is in the US
• Supported documentation showing the US party that is requesting the demonstration

Military exercises at US bases/ranges

• Documentation from foreign government identifying the participation of the foreign country in the exercise
• License must clearly identify the defense articles to be imported and the specific identity of the military exercise
• Must be submitted by a foreign embassy on behalf of its military

Transit to a Third Country/Transshipment Requests for Non-US origin articles

• Documentation to represent the transaction between the foreign entities
• The applicant should only by acting as a freight forwarder, if not, a transmittal letter must be attached explaining the situation

Transit to a Third Country/Transshipment Requests for US origin articles

• An approved General Correspondence letter for retransfer of the defense articles to the new end-user

Replacement/Renewals

• Transmittal letter explaining the need for the continued activity and the current disposition of the subject defense article
• Complete copy of precedent license
• Must be submitted 60 days prior to expiration of license

The main reasoning behind the DDTC requiring so much more information from applicants is the sheer fact that they will not have to search for the information in their past records. If the applications are submitted with all of the above mentioned information they will actually be able to approve license applications in their new 60 day deadline. In essence, the DDTC will now no longer search for related documents involving submissions, now applicants will spend their time creating them and attaching them to their applications.

More information:

• DDTC Agreements Guidelines
• DSP-73 and DSP-61 License Applications – Supporting Documentation Requirements