Per the ITAR (§124.12), only Technical Assistance Agreements
(TAA) and Manufacturing Licensing Agreements (MLA) require an explanatory
letter. It is also advisable to include an explanatory letter with all export
license applications (DSP-5, DSP-61, DSP-73, and DSP-85). The required
information is outlined within the regulations and quite procedural – detailed
information is not mandatory, however, even with those requirements clearly
outlined some letters barely make the mark.
Be sure to provide the company’s registration number, as
well as contact information of the individual in your company / organization who
can answer questions (should clarification be needed) about the application. A
person reviewing the application at all levels within the Government review
process will not hesitate to pick up the phone and call an applicant if
additional information is needed. On more occasions than I would like to report,
I have called a company to get clarification on a license (as a courtesy before
denying or “RWA-ing”) and the person responsible for the application has had no
technical background about the products or a clear understanding of why the license
was sought. These occasions often led to a comprehensive discussion regarding
the importance of ITAR training, the need for an internal export compliance
program (for said company), and potential violations should adhering to the
rules not be followed.
When writing a cover letter, be concise and provide clear
details regarding background information and reasons why the license is needed.
If a precedent case exists, include the case number and clearly identify the
changes of the new application from the previous approved license. The reviewer
of your application is not intimate with your company and writing your letter
with this understanding, is a sound approach.
If the cover letter is for an Agreement (TAA or MLA),
clearly state all of the involved parties in the Agreement. Too often I review applications
and the end-user list in the electronic application does not match the end-user
list provided in the letter. Any inconsistency can lead to delays in the
application review.
If possible, in addition to the Government contract number,
provide a knowledgeable point of contact within the appropriate DoD Program
Office(s) who is aware of the application and in agreement with the purpose / intent
of the license. In my experience, most DoD Programs have a single position
through which licenses are staffed. That person then further staffs the license
to the correct Technical POCs (TPOCs) within their Program office. If years
have passed since your last application, update your POCs. I have seen names on
licenses of people who have long since left a program / organization. Keeping
abreast of employees and accurate organizational structures are important.
Spelling, grammar, and clear requests are also very useful and helpful to the
reviewer.
Incorporating a few of the above recommendations will
certainly aid in the advancement of your application. The goal is to clearly
explain to DoS why your application / license is needed, include the who, what,
where, when, and why…if any of the basics are missing, more time is needed by
DoS to review…which may negatively impact your business / organization.
The US DoS has a very useful link of frequently asked
questions and answers: www.pmddtc.state.gov/faqs/index.html
Need help with export controls? TSA Inc. can help!
Heidi France is a Lead International Trade Specialist at Technology
Security Associates, Inc.
Contributor:
Jackie Sudore-Flood, International Trade Director, Email:
jackie_sudore-flood@theTSAteam.com
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