作者:Anna Barone和斯科特Gearity
The universe of defense articles 和 defense services subject to the International Traffic in Arms Regulations (ITAR) consists predominantly of un分类 items. 但是一些国防文章也是如此 分类. If your organization deals with 分类 defense articles or defense services, you should familiarize yourself with a specific licensing form – the DSP-85.
DSP-85s are for transactions involving 分类 defense articles, including technical data. DSP-85s have an option for all export 和 import transactions – permanent export, temporary export 和 temporary import – as requested in Block 3 of the form. Only one type of transaction can be requested per form. This is distinct from the more common un分类 licensing forms, in which a unique application is used for each transaction type: permanent exports (DSP-5), 临时出口(DSP-73), 和临时进口(DSP-61). 与其他ITAR发牌表格一样, the DSP-85 application is completed in the Defense Export Control 和 Compliance System (DECCS) 门户网站.
完成一个DSP-85, the applicant should refer to contextual help within the DECCS licensing application, 这在很大程度上反映了 指令 在DDTC网站上. Here are some additional tips, derived in part from DDTC’s published 指导:
设施安全许可规则(FSC)
For each entry that requires the identification of an entity – domestic or foreign – the FSC or foreign country equivalent must be provided if that entity will have access, title, custody or control of the defense articles. This information is not required for foreign governments but must be provided for non-government entities.
If an entity has not received a FSC, the phrase “Application Pending” may be entered. However the applicant must notify the assigned 许可 Officer of the code information once received. If the information is not received when the application is ready for final review it will be considered for Return Without Action.
If the FSC is not identified for a required entity, a letter of explanation must be provided by the applicant requesting an exception.
国防保安局(DSS)
Block 23 requires the identification of the cognizant DSS office for all U.S. entities identified on the license application. 如果是多个U.S. entities are identified, each DSS entry should identify which U.S. 与之相关的实体. Embassies are not covered by a specific DSS office so the information entered may be the cognizant U.S. military service for the subject defense articles.
最终目的地国家
Block 4 requires the applicant to identify the country of ultimate destination (permanent export) or temporary sojourn (temporary export). For the permanent export of defense articles, only one country can be identified. For temporary exports, multiple countries can be identified. The country(ies) identified in Block 4 must match the information provided in Block 18.
Block 5 relates to temporary import applications only 和 requires the applicant to identify the country from which the subject defense articles have been imported. The country to which the subject defense articles will be shipped or returned must be identified in Block 4 as the country of final destination.
分类
Block 12 of the license application requires the identification of the subject defense articles. The accepted classification terms are: TS for Top Secret, S代表秘密, C代表机密, U for Un分类 和 R for Restricted. Restricted is only used by foreign governments. 如果标识为“受限”, then the initials FGI (Foreign Government Information) 和 the classifying country must be entered after Restricted.
Any submission of 分类 information must comply with the marking 和 packaging requirements of the National Industrial Security Procedures 和 Operating Manual (NISPOM). Do not include or even refer to 分类 information in the DECCS DSP-85 form itself, but do tick the box on the DECCS start page for the application to indicate the 分类 information is being sent under separate cover.
支持文档
Support documents for the DSP-85 are generally similar to those for corresponding un分类 application types. For a permanent export, that would mean verification of purchase (e.g. 采购订单), 指定最终用途/用户的语句, 和 possibly a positive Part 130 statement, DSP-83禁止传输和使用证书, 或适当的解释信.
修正案
In another departure from un分类 licensing, there is no DSP-85-specific amendment form. 修改已批准的DSP-85, DDTC has advised that the applicant must submit an entirely new DSP-85, accompanied by a transmittal letter explaining the desired amendment.
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斯科特Gearity 是ECTI公司的总裁.