30-Nov-09 9:00 AM  EST  

State/DDTC Posts New Guidance on Unauthorized Temporary Imports of Defense Articles 

 

The U.S. Department of State's Directorate of Defense Trade Controls (State/DDTC) has posted on its website new guidance regarding unauthorized temporary imports of defense articles and the subsequent exports to return the items. 

State/DDTC notes that it has seen an increase in the number of instances where a foreign person temporarily returns a defense article for repair or replacement without authorization to a U.S. person without the U.S person’s prior knowledge. In this situation, the U.S. person is unable to coordinate the return and obtain the requisite DSP-61 license or claim the regulatory exemptions under ITAR § 123.4(a)(1). 

State/DDTC’s new guidance for such situations is that the U.S. person should investigate the nature and cause of the violation and determine if the U.S. person had any responsibility for the violation. If the U.S. person determines they did not have any responsibility for the violation, then in lieu of submitting a separate Voluntary Disclosure in accordance with ITAR §127.12, the U.S. person can submit a DSP-5 license application to return the defense article to the foreign person. A transmittal letter, signed by the Empowered Official, must be submitted with the application, explaining the reasons why the applicant does not believe they have any responsibility for the violation and the steps taken to make this determination; the identities and addresses of all persons known or suspected to be involved in the activities giving rise to the unauthorized temporary import; and any measures taken to prevent a reoccurrence.

 

 

Source: PM DDTC

Related Documents:

Content Tags: news •

 

Other Recent Articles:

Return to the SIA Articles Search Page