DDTC Establishes New Guidance Regarding Temporary Import Violations DDTC Establishes New Guidance Regarding Temporary Import Violations DDTC Establishes New Guidance Regarding Temporary Import Violations DDTC Establishes New Guidance Regarding Temporary Import Violations DDTC Issues New Guidance on Temporary Import Violations
The
Directorate of Defense Trade Controls (DDTC) has
published a notice on its website
regarding temporary imports of defense articles.
The notice provides that such imports require
the recipient to obtain a DSP-61 (a Temporary
Import License), or to claim the exemption under
22 CFR §123.4.
According to DDTC, 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 their prior knowledge has increased. In this type of situation, the U.S. person is unable to coordinate the return and obtain the requisite DSP-61 license or claim the regulatory exemptions under the International Traffic in Arms Regulations (ITAR).
DDTC has established new guidance regarding unauthorized temporary imports and the subsequent exports to return the items to the foreign person. In such case, the U.S. person should investigate the nature and cause of violation and determine if the U.S. person had any responsibility for the violation.
If the U.S. person determines he was not responsible for a licensing 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. The DSP-5 application must be accompanied by a transmittal letter which explains why the applicant believes they do not share 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 such reoccurrence.
According to DDTC, 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 their prior knowledge has increased. In this type of situation, the U.S. person is unable to coordinate the return and obtain the requisite DSP-61 license or claim the regulatory exemptions under the International Traffic in Arms Regulations (ITAR).
DDTC has established new guidance regarding unauthorized temporary imports and the subsequent exports to return the items to the foreign person. In such case, the U.S. person should investigate the nature and cause of violation and determine if the U.S. person had any responsibility for the violation.
If the U.S. person determines he was not responsible for a licensing 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. The DSP-5 application must be accompanied by a transmittal letter which explains why the applicant believes they do not share 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 such reoccurrence.