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December 03, 2009 

DDTC Adds Sixth National Security Exception to 60-day Licensing Deadline

In a notice published in today's Federal Register, the Directorate of Defense Trade Controls (DDTC) has added a sixth national security exception to the 60-day ITAR licensing determination requirement in National Security Presidential Directive-56 to account for situations involving the review of an established export policy relevant to license applications.

As a result, the following six national security exceptions are applicable to ITAR license applications (number 6 is the new exception):

(1) When a Congressional Notification is required: The Arms Export Control Act Section 36 (c) and (d) and the International Traffic in Arms Regulations, 22 CFR 123.15, requires a certification be provided
to Congress prior to granting any license or other approval for transactions, if it meets the requirements identified for the sale of major defense equipment, manufacture abroad of significant military equipment, defense articles and services, or the re-transfer to other nations. Notification thresholds differ based on the dollar value, countries concerned and defense articles and services.
(2) Required Government Assurances have not been received. These would include, for example, Missile Technology Control Regime Assurances, and Cluster Munitions assurances.
(3) End-use Checks have not been completed. (Commonly referred to as "Blue Lantern'' checks. End-use checks are key to the U.S. Government's prevention of illegal defense exports and technology
transfers, and range from simple contacts to verifying the bona fides of a transaction to physical inspection of an export.)
(4) The Department of Defense has not yet completed its review.
(5) A Waiver of Restrictions is required. (For example, a sanctions waiver.)
(6) When a related export policy is under active review and pending final determination by the Department of State.


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