DDTC Updates Guidance on Licensing of U.S.-Employed Foreign Persons
The Directorate of Defense Trade Controls has updated its guidance on the licensing of foreign persons employed by a U.S. person to provide clarification on certain requirements for DSP-83s, foreign persons authorized by DSP-5/DSP-85s, and Non-Disclosure Agreements.
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Original DSP-83 Must be Provided to DDTC, Copy Maintained in Applicant's Files
DDTC has revised its guidance regarding the disposition of an executed DSP-83 by stating that once executed, the applicant must provide DDTC with the original DSP-83 and maintain a copy for their files per 22 CFR 122.5.
(DDTC's guidance had previously stated that the applicant must maintain the executed DSP-83 per 22 CFR 122.5.)
Foreign Persons Authorized by DSP-56/DSP-85
DDTC is amending its guidance regarding foreign persons authorized by a DSP-5/DSP-85 to state that such a person no longer requires additional authorization to work in the scope of the approved DSP-5/DSP-85.
(DDTC's guidance had previously stated that for export control purposes, the foreign person, once authorized by a DSP-5/SDP-85 is considered and treated as an employee of the U.S. person who obtained the authorization and is limited to the scope and conditions of the authorization.)
Text of Non-Disclosure Agreement Revised
DDTC is also revising the Non-Disclosure Agreement (NDA) for Access to ITAR-Controlled Defense Articles by Foreign Person Employees. DDTC has revised the NDA by removing the statement "I will be considered and treated as a U.S. person for the purposes of the ITAR."
This provision now reads as follows:
"During my employment with [name of U.S. person], I am authorized to interact and participate in discussions with other U.S. and foreign person, and disclose technical data as necessary, while performing my job duties covered under DDTC [case number]. It will be the responsibility of my employer, [name of U.S. person], to notify other U.S. and foreign persons of my status as a foreign national employee prior to my interaction."
(See ITT's Online Archives or 03/04/09 news, 09030415, for BP summary of DDTC's February 2009 updated guidance on the licensing of U.S.-employed foreign persons.)
DDTC updated FAQ document (dated 02/27/09) available at http://www.pmddtc.state.gov/licensing/documents/WebNotice_LicensingForeign.doc