Designating The Correct USML Category XI Sub-subparagraphs On DSP License Submissions
By: John Herzo, Senior Associate, FD Associates, Inc.
On December 29, 2014 the Department of State posted an announcement to its webpage regarding the designation of USML category sub-subparagraphs on future DSP license submissions for the newly revised USML Category XI Military Electronics that went into effect on December 30, 2014 due to Export Control Reform. The changes to this USML Category were significant and in order to make this Category a positive list of enumerated items, numerous sub-subparagraphs were added to the Category (a sub-subparagraph is a section that includes a Roman numeral, e.g., Category XI(a)(3)(v)). The December 29th guidance relates to situations where a defense article meets the criteria for multiple sub-subparagraphs of USML Category XI and how to correctly reference them on a DSP submission.
If your defense article meets the criteria of multiple sub-subparagraphs you should:
Choose the predominant sub-subparagraph as the primary entry for the USML Category Block (DSP-5 Block # 11; DSP-61 Block # 13; and DSP-73 Block # 14)
The Department of State in its announcement warned of potential “Return Without Action” if the incorrect sub-subparagraph is used in the USML Category Block of the application. Of more concern, the Department of State warned of potential significant delay as designation of an incorrect sub-subparagraph may not be detected until after the technical review of the DSP submission by the staffing points (DOD, RSAT, DRL etc) has been completed.
If you have any questions regarding these requirements please contact us.