State Dept Proposes to Cease DSP-53 Import Certificates
The State Department has issued a proposed rule to amend the International Traffic in Arms Regulations to remove reference to the International Import Certificate (DSP-53). This proposal would effectively cease the Department's current practice of accepting DSP-53 submissions.
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Comments are due by August 29, 2011.
DSP-53 Not Needed by DDTC and Is Same as Two Forms Issued by BIS/ATF
The International Import Certificate (IIC) is a form issued three agencies -- by the Bureau of Industry and Security as BIS-645P; the Bureau of Alcohol, Tobacco, Firearms and Explosives as ATF-4522; and the Directorate of Defense Trade Controls as DPS-53.
As DDTC's DSP-61 (License for Temporary Import of Unclassified Defense Articles) and DSP-85 (License for Permanent/ Temporary Export or Temporary Import of Classified Defense Articles and Related Classified Technical Data) pertain to the control temporary imports of defense articles, the State Department says that its retention of DDTC’s IIC form (DSP-53) is duplicative and unnecessary.
Reference to DSP-53 in List of Forms Would be Removed
The proposed rule would amend 22 CFR 120.28 ("Listing of forms referred to in this subchapter") to remove reference to the DSP-53.
Certain Temporary Import Exemptions Would Still Require DSP-61 or -85
For temporary import exemptions in which the foreign exporter requires documentation, the U.S. importer will be required to obtain a DSP-61 or a DSP-85. BIS and ATF will continue to adjudicate IIC submissions for items under their jurisdiction.
The proposed rule would therefore add a new paragraph 22 CFR 123.4(c)(4) as follows:
(4) If the foreign exporter requires documentation for a temporary import that qualifies for an exemption under this subchapter, the U.S. importer will not be able to claim the exemption and is required to obtain a DSP-61 or, for classified defense articles, a DSP-85.
(The State Department notes that it has considered these rules in light of Executive Order 13563, "Improving Regulation and Regulatory Review." See ITT's Online Archives or 06/02/11 news, 11060204, for BP summary of the State Department's preliminary plan to review existing regulations under EO 13563.)
(Public Notice 7524, FR Pub 07/14/11)