DDTC Issues Advisory On Export License Documentary Requirements

U.S. exporters seeking licenses from the Department of State’s Directorate of Defense Trade Controls ("DDTC") to export defense articles are required to submit certain supporting documentation along with the license application. This documentation is set forth in section 123.1(c) of the International Traffic in Arms Regulations (the "ITAR"). The required documentation includes, among other things, a "purchase order, letter of intent or other appropriate documentation" for the defense articles to be exported. DDTC has generally accepted a purchase order alone as satisfying this requirement.

DDTC recently announced on its website new guidelines with respect to purchase documentation submitted with license applications. First, the announcement indicated that DDTC may also require a signed contract in addition to the purchase order. Second, the purchase documentation (whether signed contract, letter of intent or purchase order) must be directed to the U.S. company selling the defense