DDTC Says GCs No Longer Allowed for Proviso Reconsideration Requests, Etc.
The Directorate of Defense Trade Controls has updated its guidance regarding requests for reconsideration and/or clarification of a proviso imposed on a DSP1 license, in order to remove the option of submitting such requests as General Correspondence (GC). DDTC has also added new supporting documentation requirements for such requests (as well as deletion requests) and DDTC response information to the guidance.
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Requests May Only be Submitted as Replacement DSP After July 1
DDTC states that it will no longer accept GC requests for proviso reconsideration and/or clarification effective July 1, 2011. It also states that any submission after July 1 must follow the updated guidance or will considered for Return Without Action.
DDTC's updated guidance states that for DSP licenses, a request for reconsideration and/or clarification of a proviso imposed on a DDTC authorization must be submitted as a replacement (new) DSP authorization.
(The previous versions of the guidance stated that these requests could also be submitted as GC requests. The instructions for GC requests have been removed from the guidance.)
“Letter of Explanation” as Support Documentation
DDTC now states that as support documentation, a Letter of Explanation2 must be submitted explaining the reconsideration, clarification, or deletion request, as well as a copy of the associated DSP license and provisos. The application must include the original support documentation.
DDTC has also added a new section to its guidance, "Letter of Explanation," which provides instructions for submitting the letter, as follows:
"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.
For deletions request, the applicant must provide justification or rationale for the deletion in order to facilitate review by the imposing agency.
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.
For clarification request, the applicant must provide their interpretation of the proviso and specially address their questions or concerns related to the proviso."
(The guidance continues to state that 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.)
Clarifying Info Added Regarding DDTC Response
DDTC has now created a separate section in its updated guidance, "DDTC Response," which contains similar information as its previous versions, with some clarifying information added, as follows (new text underlined):
"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."
1Department of State Publication
2The previous versions of the guidance stated that as support documentation, the applicant must submit a 22 CFR 126.13 certification letter and a copy of the associated DSP license and provisos.
(DDTC previously updated this guidance in July 2010 to include additional instructions for replacement DSP authorizations. See ITT’s Online Archives or 07/21/10 news, 10072141, for BP summary.
See ITT’s Online Archives or 06/03/10 news, 10060320, for BP summary of DDTC’s original guidance.)
(Guidance updated 06/21/11)