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January 19, 2005 

DDTC Creates Web Site Dedicated to Electronic Reporting Requirements

The State Department's Directorate of Defense Trade Controls (DDTC) has created a new page on its Web site (www.pmdtc.org/aes.htm#export_data) providing an overview of the electronic reporting requirements of export information using the Automated Export System (AES) and direct reporting of certain export data to DDTC using proposed form DS-4071.

This page was set up in conjunctoin with DDTC's recent publication in the Federal Register of a notice (70 Fed. Reg. 1278 (Jan. 6, 2005)) soliciting public comments on form DS-4071, entitled "Export Declaration of Defense Technical Data or Services." Once implemented, use of form DS-4071 will be mandatory and exporters will have to electronically report transfers of defense technical data or services directly to DDTC under approved licenses and agreements. A facsimile of DS-4071 and instructions for completing the form are available on the web page. A functional version of the form will be available once certain technical details regarding the collection are finalized.

Until use of DS-4071 becomes mandatory, DDTC will retain the current practices for the reporting of exports of technical data and services. That is, for reporting exports of technical data that is licensed on a DSP-5, the applicant must decrement the initial export on the original of the Form DSP-5 and return the license to DDTC. Any additional exports of the licensed technical data (i.e., the transaction must be identical, including the end use and end users) would be the subject of the exemption in Section 125.4 of the ITAR. For reporting on agreements, the initial export of technical data and defense services using an agreement will be by letter.

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