DDTC Issues New Guidance on Requests for DSP License Proviso Reconsideration/Clarification

The Directorate of Defense Trade Controls has posted a new guidance regarding requests for reconsideration and/or clarification of a proviso imposed on a DSP license.

(DDTC notes that the procedures for proviso reconsideration and/or clarification for agreements are covered in the “Guidelines for Preparing Agreements.” See ITT’s Online Archives or 04/29/10 news, 10042917, for BP summary of DDTC’s most recent revision of these Guidelines (Revision 2).)

Requests May be Submitted as GC or Replacement DSP Authorization

For DSP licenses, a request for reconsideration and/or clarification of a proviso can be submitted as: (1) a General Correspondence request or (2) a replacement DSP authorization.

Procedures for GC Requests

The GC request from the applicant must identify the request as a “proviso reconsideration” and identify the DSP license number in the subject line. 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, as well as a 22 CFR 126.13 certification letter.

Deletions. For deletions request, the applicant must provide justification or rationale for the deletion in order to facilitate review by the imposing agency.

Reconsiderations. For reconsideration requests, the applicant must restate the currently imposed proviso and their suggested revision of the proviso as well as the justification or rationale for the change.

Clarifications. For clarification request, the applicant must provide their interpretation of the proviso and specially address their questions or concerns related to the proviso.

The applicant will receive a formal response from DDTC via hardcopy letter.

Procedures for Replacement Authorizations

For requests via replacement DSP authorizations, 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.

As support documentation, the applicant must submit a 22 CFR 126.13 certification letter and a copy of the associated DSP license and provisos. There is no need for a resubmission of the original support documentation.

If the subject provisos will remain as written, the applicant will receive a Return Without Action (RWA) of the replacement authorization. If the subject provisos are deleted and/or modified, the precedent authorization will be revoked and replaced by the replacement submission.

(See DDTC’s guidance for a sample response.)