By: John Black
On October 1, 2014, DDTC noted on its website a new requirement for applications submitted by foreign parties for reexports or retransfer of USML items. Foreign applications must include a certification statement that is similar to the long-standing ITAR 126.13 certification that U.S. applicants must provide with each application. To the relief of these foreign parties, the added requirement is minimal—just an extra piece of paperwork to remember.
The foreign party certification letter must comply with these requirements:
1. The letter must state if the applicant or any senior officer of the company has been charged with ITAR violations or is otherwise ineligible to receive a license to temporarily import or export USML items.
2. The letter must also state if any party involved in the transaction has been charged with ITAR violations or is otherwise ineligible for the proposed licensure.
3. The letter must be signed by a responsible official empowered by the applicant.
While the ITAR requires that the party signing the certification by U.S. parties must be an “empowered official,” as defined in the ITAR, DDTC did not provide a similar definition for “responsible official empowered by the applicant.” Lacking specific guidance of a definition, it would be reasonable to have the certification signed by someone similar to a U.S. “empowered official.”
For more details on this new requirement, go to the website guidance here.