Monthly Archives: March 2018

State Department Requests Comments on License Forms, Agreement Vehicle, and Recordkeeping

License Application Forms and DSP-83

On February 26, the Department of State, Directorate of Defense Trade Controls (DDTC) published a notice (83 FR 8312) requesting comments on the following forms:

  • DSP-5 – Application/License for Permanent Export of Unclassified Defense Articles and Related Unclassified Technical Data
  • DSP-61 – Application/License for Temporary Import of Unclassified Defense Articles
  • DSP-73 – Application/License for Temporary Export of Unclassified Defense Articles
  • DSP-85 – Application/License for Permanent/ Temporary Export or Temporary Import of Classified Defense Articles and Related Classified Technical Data,
  • DSP-6, DSP-72, and DSP-74 – Application for Amendment to License for Export or Import of Classified or Unclassified Defense Articles and Related Classified Technical Data
  • DSP-83 – Nontransfer and Use Certificate

Comments are requested to:

  • Evaluate the necessity of the information collection
  • Evaluate the accuracy of the forms’ estimated time and cost burden
  • Enhance the quality, utility, and clarity of the information collected
  • Minimize reporting burdens

Comments may be submitted at www.regulations.gov (Docket No. DOS–2017–0047), by email to DDTCPublicComments@state.gov, or by mail through April 27, 2018.  (Refer to the Federal Register Notice for additional information.)

DSP-5 “Vehicle” for Agreements

On February 27, the DDTC published a notice (83 FR 8563) requesting comments on the use of the DSP-5 “vehicle” to transmit proposed technical assistance, manufacturing, or distribution license agreements for DDTC approval.

As above, comments are requested to:

  • Evaluate the necessity of the information collection
  • Evaluate the accuracy of the forms’ estimated time and cost burden
  • Enhance the quality, utility, and clarity of the information collected
  • Minimize reporting burdens

Comments may be submitted at www.regulations.gov (Docket No. DOS–2018–0011), by email to DDTCPublicComments@state.gov, or by mail through April 30, 2018.  (Refer to the Federal Register Notice for additional information.)

Recordkeeping by DDTC Registrants

Finally, on February 27, DDTC also published a notice (also 83 FR 8563) requesting comments on the general record-keeping requirements imposed on registrants by the ITAR.  ITAR § 122.5 requires registrants to “maintain records concerning the manufacture, acquisition and disposition (to include copies of all documentation on exports using exemptions and applications and licenses and their related documentation), of defense articles; of technical data; the provision of defense services; brokering activities; and information on political contributions, fees, or commissions furnished or obtained, as required by part 130 of this subchapter” with additional conditions for storage methods and duration.

As with the other requests, comments are requested to:

  • Evaluate the necessity of the information collection
  • Evaluate the accuracy of the forms’ estimated time and cost burden
  • Enhance the quality, utility, and clarity of the information collected
  • Minimize reporting burdens

Comments may be submitted at www.regulations.gov (Docket No. DOS–2018–0009) or by email to DDTCPublicComments@ state.gov through April 30, 2018.  (Refer to the Federal Register Notice for additional information.)

Please be aware that comments are considered public record and should not include proprietary or other sensitive information.

(None of the information is intended to be authoritative official or professional legal advice. Consult your own legal counsel or compliance specialists before taking actions based upon this blog or other unofficial sources.)