By: Anna Barone
This update relates to DDTC’s decision to no longer accept General Correspondence (GC) requests for proviso reconsideration and/or clarification and became effective on July 1, 2011. Any submission after July 1 must follow the guidance provided below or will considered for Return Without Action.
A license holder may request reconsideration and/or clarification of a proviso imposed on a DDTC authorization. For DSP licenses, this request must be submitted as a replacement (new) DSP authorization. The procedures are delineated below. The procedures for proviso reconsideration and/or clarification for agreements are covered in the “Guidelines for Preparing Agreements”.
Replacement Authorization
In the purpose block, the applicant should identify the submission as a “Proviso Reconsideration of [license number]”. There must be no other changes to the license application and this must be stated in the purpose block. The applicant must also restate the original purpose description as this is a replacement authorization.
As support documentation, the applicant must submit a letter explaining the request as noted below under Letter of Explanation and a copy of the associated DSP license and
provisos. The application must include the original support documentation.
Letter of Explanation
All submissions must contain as support documentation a letter of explanation. The opening paragraph of the request must identify the proviso(s) in question and requested action as follows: deletion, reconsideration or clarification. The applicant should provide a copy of the associated DSP license and provisos.
DDTC Response
If the subject provisos will remain as written, the applicant will receive a Return Without Action (RWA) of the replacement authorization stating the current authorization remains valid. If the subject provisos are deleted and/or modified, the precedent authorization will be revoked and replaced by the replacement submission with the modifications annotated.
More Information: http://pmddtc.state.gov/licensing/documents/gl_proviso.pdf
