Ouch: Agreement Rebaselining
May 2008
The Directorate of Defense Trade Controls has issued Guidance for Agreement Rebaselines. An agreement rebaseline is used as a tool to bring currently approved agreements into compliance with new policies and amendments. So, for example, if you have an agreement that was approved a while back and does not contain all the latest DDTC provisos, requirements and burdens, your agreement is a candidate for rebaselining.
Currently agreements officers of the DDTC will be auditing agreement files and will initiate a rebaseline if action is needed to bring the agreement up to par with newly passed policies. Applicants will be notified via a proviso in an approval letter for an amendment.
The industry is encourages to review their current approved agreements at this time and proactively request a rebaseline. Any agreements that are 10 years or older should be inspected as well as the number of amendments and proviso reconsiderations that are attached to the agreement. Users should submit an application package which will assign the agreement rebaseline a new case number, the currently approved agreement will remain valid throughout the review of the rebaseline submission.
The application package should include:
- An amendment transmittal letter in the format provided in the “Guidelines to Preparing Agreements” and the subject line must read, “rebaseline”.
- The valuation table must feature 3 columns, the first titled “currently approved under AG XXX-XX”, the second should be titled “rebaseline addition” and lastly the final column must read “new total”.
- The rebaseline agreement must be submitted as a “new” agreement to be executed by all parties and include any information on sublicensing and TCNs.
The DDTC is answering FAQs at:
More information:
