[Federal Register Volume 74, Number 231 (Thursday, December 3, 2009)]
[Notices]
[Page 63497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28875]


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DEPARTMENT OF STATE

[Public Notice: 6803]


Policy on Review Time for License Applications

AGENCY: Department of State.

ACTION: Notice.

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    In National Security Presidential Directive-56, Defense Trade 
Reform, signed January 22, 2008, the Department of State was directed 
to complete the review and adjudication of license applications within 
60 days of receipt, except in cases where national security exceptions 
apply. The President further directed that these exceptions be 
published. A Federal Register notice entitled ``Policy on Review Time 
for License Applications'' was published on April 15, 2008 (73 FR 
20357) stating five national security exceptions.
    Experience in the last nineteen months has indicated that a sixth 
exception is required. It has been noted in reviews that events may 
require the Department of State to initiate a review of an established 
export policy relevant to license applications. By the nature of the 
established deadline, this might result in cases that have been 
approvable before the review being returned without action to the 
applicant while the review is ongoing. Enforcement of the deadline 
without being able to account for these situations might result in 
another applicant's license, submitted after the first license but that 
had not reached the 60-day deadline, being approved once the review is 
complete; inadvertently creating an unlevel playing field. As such, the 
Directorate of Defense Trade Controls has added a sixth exception to 
account for this issue. In accordance with NSPD-56, the following six 
national security exceptions are applicable:
    (1) When a Congressional Notification is required: The Arms Export 
Control Act Section 36 (c) and (d) and the International Traffic in 
Arms Regulations, 22 CFR 123.15, requires a certification be provided 
to Congress prior to granting any license or other approval for 
transactions, if it meets the requirements identified for the sale of 
major defense equipment, manufacture abroad of significant military 
equipment, defense articles and services, or the re-transfer to other 
nations. Notification thresholds differ based on the dollar value, 
countries concerned and defense articles and services.
    (2) Required Government Assurances have not been received. These 
would include, for example, Missile Technology Control Regime 
Assurances, and Cluster Munitions assurances.
    (3) End-use Checks have not been completed. (Commonly referred to 
as ``Blue Lantern'' checks. End-use checks are key to the U.S. 
Government's prevention of illegal defense exports and technology 
transfers, and range from simple contacts to verifying the bona fides 
of a transaction to physical inspection of an export.)
    (4) The Department of Defense has not yet completed its review.
    (5) A Waiver of Restrictions is required. (For example, a sanctions 
waiver.)
    (6) When a related export policy is under active review and pending 
final determination by the Department of State.

    Dated: November 23, 2009.
Robert S. Kovac,
Acting Deputy Assistant Secretary for Defense Trade, Bureau of 
Political Military Affairs, Department of State.
[FR Doc. E9-28875 Filed 12-2-09; 8:45 am]
BILLING CODE 4710-25-P