DDTC Updates Guidance for US Persons Providing Defense Services Abroad

The State Department’s Directorate of Defense Trade Controls released an update last week to its guidance for U.S. persons providing defense services abroad. The documents include an updated guidance for U.S. persons abroad (USPAB) authorization requests, a new sample certification letter for USPAB authorization requests, a new USPAB submission letter template and an updated set of frequently asked questions.

DDTC said it wanted to provide a “more comprehensive guidance for submissions of requests to authorize exports of defense services” by U.S. persons abroad to better ​​”assist industry.” The documents provide general guidance on how the agency defines USPABs, limitations of USPAB authorizations, how USPABs can apply to DDTC, application requirements and more. The updated FAQs cover what types of USPAB activities DDTC regulates and the processes for applying for, qualifying for and working under an authorization.

Among a host of new updated FAQs, DDTC stressed USPAB authorization applications can’t be submitted for multiple potential employees at one time, new authorizations are required if the USPAB’s job description changes, and U.S. persons should submit a voluntary self-disclosure if they are furnishing defense services without authorization and may apply for an authorization while the disclosure is under review.

The agency also said USPAB authorizations don’t always allow the person to telework. “It depends on your residency status and your physical location while you are teleworking,” DDTC said. An authorization “is intended for individuals who permanently reside and work overseas. It does not authorize you to provide defense services while either physically located in the United States or while permanently residing in the United States.”

Authorizations also don’t cover situations in which a USPAB travels to the U.S. for a technical meeting or a trade show as part of employment and furnishes a defense service to a foreign person while in the U.S., DDTC said. “If you furnish a defense service to a foreign person in the United States, you are required to register with the Directorate of Defense Trade Controls and obtain a separate authorization.”