DDTC PROVIDES GUIDANCE FOR SUBMISSION OF EXPORT LICENSE APPLICATIONS FOR AFGHANISTAN AND IRAQ

The Directorate of Defense Trade Controls (DDTC) recently provided on its web site the following guidance for exporters submitting export license applications for Operation Enduring Freedom (OEF) in Afghanistan and Operation Iraqi Freedom (OIF) in Iraq.

The DDTC will provide expeditious processing for export license applications for OEF/OIF provided that the exportation of defense articles and defense services are limited to: (1) forces or organizations deployed either in Afghanistan or Iraq; or (2) forces or organizations within 90 days of a scheduled deployment. Export license applications requesting OEF/OIF expedited processing that do not meet these two criteria will be returned without action.

Export license applications requesting OEF/OIF expedited processing must be prepared and submitted in the following manner:

1. Cases meeting OEF/OIF criteria must be clearly marked so as not to delay processing. For D-TRADE and DSP-119 submissions on ELLIE, the Transaction ID should begin with the letters "OEF" or "OIF", as applicable. These cases will then be automatically routed to the appropriate licensing officer for expeditious processing.

2. In the first line of the purpose block (i.e., Block 20 for DSP-5, Block 23 for DSP-73), all requests must note "OEF" or OIF", as applicable.

3. Supporting documentation for all OEF/OIF requests must include:

• A transmittal letter that fully explains the transaction;

• A complete copy of the contract or purchase order;

• A completed end use and end user statement from the foreign purchaser;

• For licenses in support of a U.S. government contract, a letter from the appropriate branch of the service or agency identifying that the export in question is an urgent requirement in support of OEF or OIF;

• For exports to coalition partners, a letter MUST be included from the partner government confirming that the export transaction is in support of OEF or OIF;

• A copy of the product specifications and product literature that clearly details the commodities requested for export;

• U.S. government policy requires a DSP-83 Non-Transfer and Use Certificate for the exportation of defense articles to the Iraqi government when the Iraqi government is the end user. However, the DDTC has stated that applicants need not provide DSP-83's for exports to the Iraqi government at this time. Applicants need to explain in their cover letter that a DSP-83 is not submitted at this time for the transaction in question, as the end user is the Iraqi government. For applicants filing under D-TRADE, this explanation should be made and included as a PDF file, in lieu of the DSP-83;

• DSP-83's are required for the exportation of Significant Military Equipment to Afghanistan;

• For exports to coalition forces serving with OEF and OIF, a DSP-83 is generally required only for exports of Significant Military Equipment; and

• Signatures are required on a DSP-83 from the foreign end user and all foreign parties involved in the transaction for exports to private end users, private contractors, and international organizations in Afghanistan and Iraq.

To learn more, please visit the DDTC web site at www.pmddtc.state.gov.

6^th Update

April 17, 2008