Archive for the ‘DSP’ Category

Guidelines for DSP-85 Applications- Updated

2011/07/13

By: Anna Barone

DSP-85 Guidance as of 6/21/2011:  DSP-85 Applications – Supplemental Guidance. DSP-85s are for transactions involving classified defense articles and technical data. DSP-85s have an option for all export and import transactions – permanent export, temporary export and temporary import – as requested in Block 3 of the form. Only one type of transaction can be requested per form.

Facility Security Clearance Code (FSC)

For each entry which requires the identification of an entity – domestic or foreign – the FSC or foreign country equivalent must be provided if that entity will have access, title, custody or control of the defense articles. This information is not required for foreign governments but must be provided for non-government entities.

If an entity has not received a FSC, the phrase “Application Pending” may be entered. However the applicant must notify the assigned Licensing Officer of the
code information once received. If the information is not received when the application is ready for final review it will be considered for Return Without Action.

If the FSC is not identified for a required entity, a letter of explanation must be provided by the applicant requesting an exception.

Defense Security Service (DSS)

Block 22 requires the identification of the cognizant DSS office for all U.S. entities identified on the license application. If multiple U.S. entities are identified, each DSS entry should identify which U.S. entity it relates to. Embassies are not covered by a specific DSS office so the information entered may be the cognizant U.S. military service for the subject defense articles.

Country of Ultimate Destination

Block 4 requires the applicant to identify the country of ultimate destination (permanent export) or temporary sojourn (temporary export). For the permanent export of defense articles, only one country can be identified. For temporary exports, multiple countries can be identified. The country(ies) identified in Block 4 must match the information provided in Block 17.

Block 5 relates to temporary import applications only and requires the applicant to identify the country from which the subject defense articles have been imported. The country to which the subject defense articles will be shipped or returned must be identified in Block 4 as the country of final destination.

Classification

Block 12 of the license application requires the identification of the subject defense articles. The accepted classification terms are: TS for Top Secret, S for Secret, C for Confidential, U for Unclassified and R for Restricted. Restricted is only used by foreign governments. If Restricted is identified, then the initials FGI (Foreign Government Information) and the classifying country must be entered after Restricted.

Any submission of an application containing classified information must comply with the marking and packaging requirements of the National Industrial Security Procedures and Operating Manual (NISPOM).

Supporting Documentation

Per the instructions for completion of the DSP-85, all applications must be submitted with an original and 5 (five) copies of the full application. It is requested that the original not be stapled.

Amendments

Any amendments in accordance with 22 CFR 123.25(b) will continue to be processed utilizing the DSP-119 form.

Empowered Official Signatures

The signature required per 22 CFR 126.13 in Block 24 does not need to be an original, ink signature. A copied signature is acceptable.

More Information: http://pmddtc.state.gov/licensing/documents/gl_DSP85.pdf


Guidelines Updated for DSP-73 and DSP-61 License Applications

2011/07/13

By: Anna Barone

The following guidance was effective May 12, 2010, any submission not meeting these requirements is subject to Return Without Action. This guidance was updated effective June 23, 2011. Revisions are bolded below.

DSP-73 – Temporary Export License Applications

A DSP-73 license application must clearly identify the need for the temporary export and describe the role of each party to the transaction. This information can be provided in Block 23 or in a separate letter of explanation. Technical data and/or product brochures must be provided on the requested defense articles.

A DSP-73 application can combine demonstration to identified end-users and public trade shows. However the application must be limited to one geographic region and the parties listed on the license can only be located in that geographic region (e.g. Europe, Middle East or South America). License applications must be tailored to the requested transaction. Any deviation must be explained in the transmittal letter. If demonstration/marketing to identified end-users will exceed public domain information and release technical data a separate DSP-5 authorization must be obtained as technical data cannot be exported under a DSP-73.

DSP-61 – Temporary Import License Applications: Return to Country of Origin (22 CFR 123.3(a)(1))

For overhaul/repair and modification/upgrade transactions, the application must be supported by a request from the foreign owner of the defense articles for the requested transaction, and as necessary, explaining fully the modification/upgrade to be performed.  For transactions relating to the temporary import of foreign-manufactured defense
articles for trade shows and demonstration, the license application must be Guidance as of 6/23/2011 supported by documentation identifying the U.S. or foreign entity responsible for the defense articles while in the U.S. and/or trade show registration documentation from the foreign party.

For transactions relating to military exercises at U.S. bases/ranges, the license application must be supported by documentation from the foreign government identifying the participation of the foreign country in the exercise. The license application must specifically identify the name of the military exercise. These application types should be submitted by a foreign embassy on behalf of their military. Any exception must be explained in a letter of explanation describing the circumstances.

Transit to a Third Country/Transshipment Requests (22 CFR 123.3(a)(2))
For transshipment licenses involving non-U.S. origin defense articles, the documentation must represent the transaction between the two foreign entities to the transaction (e.g. purchase documentation should not be directed to the U.S. applicant) and must include the same information that a DSP-5 requires. The license applicant and the U.S. entity identified in Block 21 should only be acting as a freight forwarder. If not, the role of the U.S. parties must be explained in a transmittal letter. The applicant must be identified in Block 21 and their role described. Identification in Block 8 does not explain the applicant’s role in the transaction.

For licenses involving the transshipment of U.S. origin defense articles, the application must be supported by an approved General Correspondence (GC) letter for retransfer of the defense articles to the new end-user pursuant to 22 CFR 123.9.

A copy of the GC approval letter and the DSP-83, if applicable, must be submitted with the license application.

DSP-73/DSP-61 Replacement/Renewal License Applications

The license application must specifically identify the need for the continued activity and the current disposition of the subject defense articles. This information can be provided in Block 23 or in a separate letter of explanation. The application submission must be accompanied by a complete copy of the precedent license. The renewal license application must be received 60 days prior to expiration to ensure sufficient time for review by DDTC.

More Information: http://pmddtc.state.gov/licensing/documents/gl_supportingdoc.pdf