# Presentation: 912659

## Licensing Foreign NationalsAccess To Critical Technology

**        ****Terry L. Davis **
**Chief,  Missiles & Spacecraft **
**              ****Division  **

## Terms of Reference

- Requirements to Enhance/Control Access By FN’s to ITAR Facilities
- Licensing Requirements In the D-Trade Environment
- TAA vs DSP-5?
- Management/Oversight of License Approvals Is Critical
- FN Issues Outside of Employment: On What Terms to you Encounter Them?

## Enhancing Accountability of FN’s In ITAR Facilities 

- National Security/Foreign Policy Requirements Post 9/11 to Better Identify and Control Access To Sensitive Facilities
- Audits of Current Licensing Procedures Have Identified Areas for Improvement
- Current Licensing Practices Obscure What FN’s Work In What Areas
- Transition to D-Trade Provides Opportunity to Improve Our Processes In This Area

**Bureau of Political-Military Affairs****Directorate of Defense Trade Controls, Licensing**

## D Trade Procedures for FN Licensing

- DSP-5 Becomes the Initial/Primary Approval for Employment/Access to Technical Data
- Approval Consistent With Validity Period of Work Visa
- If FN To Receive Defense Services TAA Would Also Be Required But *Not In Lieu* of the DSP-5
- Critical and Consistent Completion of the Licensee Application Is the Key to Success and Avoiding RWA’s
- Update of Commodity Codes

**Bureau of Political-Military Affairs****Directorate of Defense Trade Controls, Licensing**

## Keys to Completing the Application

- Country of Ultimate Destination (#3): Country Passport Is Issued By. If Dual, Specify In #18
- Commodity (#10): Details of Tech Data Release/Scope of Employment
- Foreign End User: (#14)  Address In Country Under #3 They Will Return To. *Explain Fully If They Do Not Match*
- Foreign Intermediate/Consignee (#18):  Dual Nationals and/or Maintains Residency In Other Countries
- Consignor (#19): US Residence
- Purpose/Program (#20) “For Employment in the U.S...”

**Bureau of Political-Military Affairs****Directorate of Defense Trade Controls, Licensing**

## License Support Package

- Transmittal Letter  Ties Application Together
- Passport/Immigration Status
- Complete Position Description/Job Duties
- Nondisclosure Agreement
- Technology Control Plan (126.13©)
- 7 Collated Packages

**Bureau of Political-Military Affairs****Directorate of Defense Trade Controls, Licensing**

## DSP-5 vs TAA

- Participating In Activities Traditionally Defined As Defense Services vs Only Access to Data?
- Increased Utilization of TAA ‘s Consistent With Increased Licensing of Defense Services
- Integrated Product Teams
- Design Reviews/Failure Investigations
- Joint Development/Design Teams
- Major Programs (Missile Defense, JSF ) Actively Solicit International Partners

**Bureau of Political-Military Affairs****Directorate of Defense Trade Controls, Licensing**

## Post Employment Oversight

- Procedures to Monitor/Periodically Review Employment
- Alert to Changes In Duties/Assignments and Immigration Status
- License Must Always Be Renewed .125.4(b)(4) Does Not Apply

**Bureau of Political-Military Affairs****Directorate of Defense Trade Controls, Licensing**

## Facility Visits: License or Exemption? 

- Exemptions for Plant Visits (125.5)
- Oral/Visual Disclosure of Unclassified Tech Data During Classified Visit
- Oral/Visual Release of Classified Information Approved By Appropriate USG Agency
- Classified/Unclassified Data Approved By DDTC or Cognizant USG Agency

**Bureau of Political-Military Affairs****Directorate of Defense Trade Controls, Licensing**

## Licensing Plant Visits

- Advance Planning Critical: Who Is Coming and What Will They Have Access To
- TAA vs DSP-5
- Clearly Defined License Submission Including Scope and
-      Timeframes
- Support Documentation and Transmittal Letter

**Bureau of Political-Military Affairs****Directorate of Defense Trade Controls, Licensing**

## U.S. and International Trade Shows

- Plan UP Front: Static Display, Demonstration or Marketing?
- DSP-73: No Technical Data/Discussions Authorized In Excess of Public Domain
- U.S. Trade Shows: Similar Considerations But No Physical Export of Hardware
- 123.16(b)(5) Exemption

**Bureau of Political-Military Affairs****Directorate of Defense Trade Controls, Licensing**

## Summary

- Current International Environment Demands Tighter Controls/Accountability of FN Access To Critical Technology
- Long Term Planning and Careful Consideration For Support Requirements A Key Factor in Successful Submissions
- Oversight During Post Employment Is Critical
- Other Venues For Release of Technical Data Outside of Foreign Employment

**Bureau of Political-Military Affairs****Directorate of Defense Trade Controls, Licensing**