Form DS-6003 Request for Reconsideration of Unclassified Proviso(s)

Request for Reconsideration of Unclassified Proviso(s)

DS-6003

Request for Reconsideration of Unclassified Proviso(s)

OMB: 1405-0172

Document [pdf]
Download: pdf | pdf
U.S. Department of State

Instructions/Guidelines for REQUEST FOR RECONSIDERATION OF
UNCLASSIFIED PROVISO(S) Form DS-6003
The Form DS-6003 is used to request reconsideration of UNCLASSIFIED proviso(s) placed on Directorate of Defense
Trade Controls (DDTC) approvals for export (permanent, temporary, and in-transit) of defense articles, as authorized on
Forms DSP-5, DSP-61, DSP-73 and DSP-85. The proviso(s)/conditions of approval must be UNCLASSIFIED; and the
request for reconsideration must be submitted within 120 days of the date of the DDTC approval.

Prior to submitting your request you should determine that:
Your DDTC registration has not expired.
Required documentation is available for submission with your request (i.e., copy of the license with proviso(s)
that is the subject of this request).
The eligibility requirement of ITAR sections 120.1(c) and 126.13 can be satisfied. If they cannot be satisfied,
you are not eligible to make this request without a transaction exception.
You will be asked to identify the document submitted with your request. The types of documents are:
a) copy of the license with DDTC proviso(s)
b) amplifying documentation
General Instructions:
1. The modification of several types of provisos will NOT be considered. They include the following:
Extension of the validity of the license/approval (e.g., firearms licenses)
Request for DSP-83
Request for Safeguard/Technology Control Plans
Change to provisos on spare parts licenses (e.g., limitation of minor components, no SME, no
upgrades/enhancements, and requirements that the parts support equipment be in the receiving country's
inventory).
2. All blocks with an asterisk must be completed. The remaining blocks, while not mandatory, provide information that
will assist in reviewing your request. In addition, failure to provide information that is essential to the review may be a
regulatory violation.
3. Only one license and three (3) provisos may be the subject of a DS-6003 request. However, please note that
provisions have been made in Block 9f to note instances when the same proviso(s) has been applied to more than one
license. Providing information on other submissions will permit the U.S. Government, when deemed appropriate, to
reconsider all the licenses and provisos at the same time.
4. CLASSIFIED DOCUMENTATION: NO Classified documentation may be transmitted electronically. If classified
documentation is required to support your transaction, the applicant should note in the submission that classified
documentation is being transmitted under separate cover with a hard copy of the electronic submission.
5. CLASSIFIED PROVISO(S)/CONDITIONS OF APPROVAL: Any request for reconsideration of U.S. Government
classified provisos must, until further notice, be submitted by letter to ensure proper handling of the classified
information.
Specific Instructions/Guidelines:
*Block 1. Date Prepared. When submitting electronically, the date the application is prepared is automatically entered
(mm-dd-yyyy). It is updated each time the application is opened until submission to DDTC at which time the application
must be digitally signed.
*Block 2. DDTC Applicant/Registrant Code. Enter your DDTC applicant/registrant code number, including the pre-fix
letter "M" if applicant is a manufacturer and/or exporter. Only the last four/five digits of this number are unique to your
company. The numbers preceding the dash are the month and year that your registration (e.g., if you are a
manufacturer with a code of 1208-12345, your unique registration code is M12345 expiring on December 2008). Ensure
that your registration is valid and that the code used is the same as the code on the approved license.
DS-6003
06-2007

Instruction Page 1 of 3

*Block 3. Applicant's Name, Address, ZIP Code and Telephone number. When submitting by paper, the first line must
reflect name under which company is registered. Subsequent lines may identify a specific subsidiary of the applicant
company. When submitting electronically, if a subsidiary is involved select subsidiary box and provide information. Use
the address at which the applicant is located, DO NOT USE Post Office Box numbers. The names in this block should
be identical to those on the approved license.
*Block 4. DDTC type of approval being amended. When submitting electronically, select the license/agreement type
from the pick list (e.g., DSP-5, DSP-61, DSP-73, DSP-85, Agreements (MLA/TAA)).
*Block 5. DDTC Approval Number. Provide the license/agreement number that is the subject of your request for
reconsideration. You may provide only one license/agreement number. Should the same proviso(s) appear on other
licenses/agreements that you wish to have reconsidered, they must be the subject of a separate request.
*Block 6. Date of DDTC approval letter. Provide (mm-dd-yyyy) .
Block 7. Name, agency and telephone number of U.S. Government personnel familiar with this request. Check one or
more of the appropriate boxes. The individual shown in this field must be an employee of an appropriate agency. For
example, if the proviso was discussed with an employee of DoD provide the military service, name of the individual and
phone/fax number. In any instance that the proviso was discussed with a DDTC licensing officer, provide the name of
the DDTC officer. Be sure to provide in Block 9 information regarding these discussions.
Block 8. Name and telephone number of applicant contact. List individual(s) familiar with this transaction who can
respond to DDTC staff or other government agencies. The individual(s) should be prepared to answer procedural
and/or technical questions. You may list more than one individual. Please do not list an individual who is not familiar
with the transaction and thus unable to respond. DO NOT list U.S. Government personnel.
*Block 9. List Proviso(s) for Reconsideration. All questions in Block 9 must be completed, except for 9(f).
*Block 9(a). Type of Action Requested. There are three types of actions DDTC will take (i.e., clarification, amendment,
or deletion of the proviso identified in 9(c )). Select from the menu the intent of the reconsideration. The type of action
may change with each proviso that is requested for reconsideration.
*Block 9(b). Proviso number from approval. The proviso number is the number in the DDTC letter. CAUTION: When
working with other U.S. Government agencies ensure that you are referencing the DDTC proviso number not the
number that was in the reviewing agency recommendation provided to DDTC. References to other government
numbers may result in your submission being a Returned Without Action. Absent a proper reference, DDTC will not
presume to understand which proviso(s) you intended for reconsideration.
*Block 9(c). Original text from DDTC letter. The text provided in this block must be the identical/verbatim language in
the DDTC letter.
*Block 9(d). Rationale for reconsideration. Articulate the rationale clearly and briefly. Be concise. Include any
discussions that may have occurred with any government agency and identify any government POC in Block 7 that will
assist in the U.S. Government review.
Block 9(e). Suggested Rewrite. When requesting an amendment or clarification of a DDTC proviso, the applicant may
suggest to DDTC language that they believe would provide the clarification or serve as amended language. However,
when the applicant elects to provide language, the rationale in Block 9(d) must support the recommended change.
*Block 9(f). Are there other reconsideration request(s) currently pending for the same issue(s)? Select yes or no. If
yes, provide the DDTC approval number (e.g., license/agreement number) that is the subject of the other request(s).
The intent of this block is to permit the U.S. Government to reconsider, when deemed appropriate, several DDTC
approvals with the same proviso(s). However, the applicant should only ask that the government group the requests for
reconsideration when the commodity and the proviso are identical. The application should also take into consideration
that any grouping of requests for export to different foreign countries, end users and end uses could increase the time
for the U.S. Government review and result in different determinations.

DS-6003

Instruction Page 2 of 3

*Block 10. Applicant Statement. For electronic submissions type the name of the individual who will digitally sign the
request and check the boxes that apply.
NOTE: The individual whose name is in this field must be an ITAR empowered official (see ITAR Section 120.25).
Signing of an application by other than an ITAR empowered official or "for" another company or person is a violation of
the ITAR.
Per the ITAR, the individual signing the request must meet all the criteria stated in Section 120.25. The criteria includes:
- that the individual is a U.S. citizen, or is lawfully admitted to the United States for permanent residence, or an official of
a foreign government acting in their official capacity; and
- has responsibility for ensuring compliance with all the facts stated in the request; and
- is responsible for seeking all the required certification of the form, as well as all other provisions of the ITAR; and
- can certify the conditions of 22 CFR 126.13 and 130; and that the applicant and other parties to the request are
eligible.

Block 11. Response to be sent to. FOR PAPER SUBMISSIONS ONLY. Provide the complete name, address and
phone number.

DS-6003

Instruction Page 3 of 3

U.S. Department of State

REQUEST FOR RECONSIDERATION OF
UNCLASSIFIED PROVISO(S)

OMB NO. 1405-0172
EXPIRATION DATE: 09/30/2009
ESTIMATED BURDEN: 1 Hour

Date Received (mm-dd-yyyy)
Case Number
*1. Date Prepared (mm-dd-yyyy)

*2. DDTC Applicant/Registration Code

08-18-2009

3. Applicant's Name, Address, ZIP Code and Telephone Number

*4. Identify DDTC Approval being Amended

*Name

*5. DDTC Approval Number
*6. Date of DDTC Approval Letter (mm-dd-yyyy)
7. Names, agency and telephone numbers of U.S. Government
personnel (not DDTC) familiar with the request

*Attention

Name

*Address

Agency
*City

Please Specify Other

*State
*Telephone Number

Telephone Number

*ZIP Code
Ext.

Ext.

8. Name and telephone number of applicant contact(s)
Name
Telephone Number

Ext.

9. List Proviso for Reconsideration
Reconsideration Number 1
*a. Request to
*c. Original Text from Approval Letter

*b. Proviso Number from Approval
*d. Rationale for Reconsideration

*f. Is/are any other reconsideration request/requests currently pending with the same issue?

e. Suggested Rewrite

Yes

No

If Yes, state the approval number(s) that is/are the subject of these requests

PAPERWORK REDUCTION ACT STATEMENT
Public reporting burden for this collection of information is estimated to average 1 hour per response, including time required for searching existing
data sources, gathering the necessary data, providing the information required, and reviewing the final collection. Send comments on the accuracy of
this estimate of the burden and recommendations for reducing it to: U.S. Department of State (A/ISS/DIR), Washington, DC 20520.
DS-6003
06-2007

Page 1 of 3

Case Number
*10. Applicant's statement (see instructions)
, an empowered official (ITAR 120.25) or an official of a foreign government
I,
entity in the U.S., hereby request reconsideration of unclassified proviso(s); warrant the truth of all statements made herein; and acknowledge,
understand and will comply with the provisions of Title 22 CFR 120-130, and any conditions and limitations imposed.
I am authorized by the applicant to certify the following in compliance with 22 CFR 126.13:
(1) Neither the applicant, its chief executive officer, president, vice presidents, other senior officers or officials (e.g., comptroller,
treasurer, general counsel) nor any member of its board of directors is:
(a) the subject of an indictment for or has been convicted of violating any of the U.S. criminal statutes enumerated in 22 CFR 120.27 since
the effective date of the Arms Export Control Act, Public Law 94-329, 90 Stat. 729 (June 30, 1976), or
(b) ineligible to contract with, or to receive a license or other approval to import defense articles or defense services from, or to receive an
export license or other approval from any agency of the U.S. Government;
(2) To the best of the applicant's knowledge, no party to the export as defined in Section 126.7 (e) has been convicted of violating any
of the U.S. criminal statutes enumerated in 22 CFR 120.27 since the effective date of the Arms Export Control Act, Public Law 94-329, 90
Stat. 729 (June 30, 1976), or is ineligible to contract with, or to receive a license or other approval to import defense articles or defense
services from, or to receive an export license or other approval from any agency of the U.S. Government.
22 CFR 126.13 Certification (Select one)
I am authorized by the applicant to certify that the applicant and all the parties to the transaction can meet in full the conditions of 22 CFR
126.3 as listed above.
I am authorized by the applicant to certify to 22 CFR 126.13. The applicant or one of the parties of the transaction cannot meet one or more
of the conditions of 22 CFR 126.13 as listed above. A request for an exception to policy is attached.
I am not authorized by the applicant to certify the conditions of 22 CFR 126.13 as listed above. The applicant and all the parties to the
transaction can meet in full the conditions of 22 CFR 126.13 as listed above. Please see the attached letter for such certification.

I am not authorized by the applicant to certify the conditions of 22 CFR 126.13 as listed above. The applicant or one of the parties of the
transaction cannot meet one or more the conditions of 22 CFR 126.13 as listed above. A letter of such certification and request for an
exception to policy is attached.
Signature
11. Response to be sent to (Enter name, address and telephone
Same as Block 3
Hold for Pickup
Name

Attention
Address

City
State
Telephone Number

DS-6003

ZIP Code
Ext.

Page
Page21ofof3

Case Number
CONDITIONS OF ISSUANCE
1. When approved, all of the original conditions except as modified by this approval remain applicable.
2. This reconsideration, when approved becomes a part of the license identified in Block 5 on Page 1 of this form. When returned to the
applicant, it must be attached to the original license prior to filing with U.S. Customs and Border Protection or must be sent to U.S.
Customs and Border Protection for filing with the original license.

Additional Requests for Reconsideration of Unclassified Proviso(s)
Reconsideration Number 2
*a. Request to
*c. Original Text from Approval Letter

*b. Proviso Number from Approval
*d. Rationale for Reconsideration

*f. Is/are any other reconsideration request/requests currently pending with the same issue?

*e. Suggested Rewrite

Yes

No

If Yes, state the approval number(s) that is/are the subject of these requests

Reconsideration Number 3
*a. Request to
*c. Original Text from Approval Letter

*b. Proviso Number from Approval
*d. Rationale for Reconsideration

*f. Is/are any other reconsideration request/requests currently pending with the same issue?

*e. Suggested Rewrite

Yes

No

If Yes, state the approval number(s) that is/are the subject of these requests

DS-6003

Page 3 of 3


File Typeapplication/pdf
File TitleDS-6003
Authorandruskodf
File Modified2009-08-18
File Created2009-08-18

© 2024 OMB.report | Privacy Policy