DDTC Updates its Licensing Guidance for Iraq and Afghanistan

Changes Made to DSP-83, Appropriate Licensing Divisions

The updated guidance includes completely new language regarding DSP-83s which are required for all exports of significant military equipment (SME) regardless of the country of ultimate destination, now including Iraq and Afghanistan. (See below.)

The guidance also changes the appropriate licensing divisions to whom U.S. Munitions List (USML) Categories II, III, and X should be sent. (See below.)

Expedited Review for Operations Iraqi, Enduring Freedom

It is the policy of the Department of State to expedite all requests for exports directly supporting coalition efforts in Operation Iraqi Freedom (OIF) in Iraq and Operation Enduring Freedom (OEF) in Afghanistan. To ensure these priority operations are fully supported, DDTC will ensure that only requests directly related to OEF/OIF operations are afforded this expedited review.

Specifically, licenses that may undergo OEF/OIF expedited review are limited to those that provide:

defense articles and services to forces or organizations deployed in Afghanistan and Iraq;

defense articles and services to forces or organizations within 90 days of a scheduled deployment.

(Licenses requesting OEF/OIF expedited handling not meeting these criteria will be returned without action for resubmission by the applicant as a routine license, and the applicant will be notified to resubmit the case without OIF/OEF in the Transaction ID.)

Requirements for Expedited Reviews

Cases meeting the OIF/OEF criteria stated above must be clearly marked as follows so as not to delay processing:

For D-Trade and DSP-119 cases, the Transaction ID should begin with the letters "OIF" or "OEF," as applicable. These cases will automatically be expeditiously routed to the appropriate licensing division/licensing officer.

All requests must note OIF or OEF in the first line of purpose block (Block 20 for the DSP-5; Block 23 for the DSP-73 and DSP-61).

Hard copy submissions should have a bright color cover sheet indicating that the case is for OIF or OEF and direct the case to the appropriate licensing Division based on the USML category. For example: ( indicates new text, <-> indicates deleted text.) T2C: USML Categories II, III, VI, VII, XII, XIII, XVI, XVIII, XX, and XXI; T3D: USML Categories IV, V, IX, X, XIV, and XV; T4M: USML Category XI; T5Z: USML Category VIII; and T6F: USML Categories I, II, III, and X.)

Supporting Documentation. The following documentation must be included in OIF/OEF requests:

a transmittal letter fully explaining the transaction;

a complete copy of the contract or purchase order applicable to the proposed export;

an end use and end user statement from the foreign purchaser.

for licenses in support of U.S. government contracts, a letter from the appropriate service or agency identifying the specific export to be an urgent requirement in support of OIF or OEF;

for exports to coalition partners, a letter from the partner government confirming the transaction and that it is in support of OIF or OEF;

a copy of product specifications/descriptive literature that clearly details the commodities requested for export;

DSP-83s. ( indicates new text) DSP-83s are required for all exports of SME regardless of country of ultimate destination. This requirement now includes the governments of Iraq and Afghanistan.(Note that the previous version of DDTC's guidance provided for certain instances in which a DSP-83 was not necessary such as when the Iraqi Government was the proposed end-user, etc.)

Expedited Re-export Requests

Requests to re-export USML-controlled defense articles under the International Traffic in Arms Regulations (ITAR) at 22 CFR 123.9 to coalition partners in Iraq and/or Afghanistan will be considered for expeditious handling. To qualify for this consideration, the request must clearly demonstrate that the re-export is for equipment to U.S. and/or coalition forces or supporting contractors currently deployed in Iraq or Afghanistan or for forces scheduled to deploy within 90 days.

Supporting documentation. Supporting documentation for such re-export requests must include the following:

a transmittal letter fully explaining the transaction and identifying the original license number under which the articles were exported;

a copy of the purchase order, contract, or letter of intent from the new ultimate end user;

end use statement from the ultimate end user identifying the transfer as an urgent OIF/OEF requirement;

a copy of product specifications/descriptive literature clearly detailing the commodities requested for export;

a DSP-83 if the transfer includes SME; and

certification, as required under 22 CFR 126.13, if the applicant is a U.S. Person. (Requests from foreign entities do not require 22 CFR 126.13 certification.)

Export of Fully Automatic Weapons to Private Entities in Iraq/Afghanistan

DDTC states that it has a longstanding policy of not authorizing fully-automatic weapons to private entities, but has made an exception with regard to the activities of private security companies in Iraq and Afghanistan. The preference is for these weapons to be exported temporarily on DSP-73s, although DSP-5s will be considered only when the security company is, itself, a foreign person as defined in 22 CFR 121.16.

Supporting documentation. For fully-automatic firearms proposed for export to a non-Iraqi Government (private) end-user in Iraq, DDTC requires: (1) justification for the number of weapons being requested, with particular attention to follow-on licenses requesting additional quantities; (2) end-user assurances using the example provided in the guidance; (3) a letter from the government or international organization responsible for the contract, stating it will send an inventory report of the fully-automatic weapons to DDTC within five days of the weapons arrival in Iraq, and account for the ultimate disposition of the weapons upon completion of the mission/termination of the contract.

(When a DSP-5 is used, the license must be accompanied by a DSP-83 executed by the parent government of the foreign person.)

Supporting documentation for the export of USML Category I, Firearms, must include those items listed above, and all serial numbers must be listed in Block 20 of the application.

(See ITT's Online Archives or 07/10/08 news, 08071045, for BP summary of DDTC updating its licensing web page, including information on OEF and OIF.

See ITT's Online Archives or 03/07/08 news, 08030799 4, for BP summary of DDTC's updated guidance on its export license review procedures for OEF and OIF.)

DDTC guidance, including a sample letter (revised 07/22/08) available at http://www.pmddtc.state.gov/docs/OEFandOIF_guidelines2008.doc