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Defense Export Advisory Opinion Form Under Review

Tuesday, September 20, 2016
Sandler, Travis & Rosenberg Trade Report

The State Department is inviting comments through Nov. 15 on form DS-7786, Request for Advisory Opinion. Entities and individuals involved in the brokering, manufacture, export, and temporary import of defense articles and defense services may use this form to request an advisory opinion as to whether State’s Directorate of Defense Trade Controls would be likely to grant a license or other approval for the export of a particular defense article or defense service to a particular country; for general or regulatory guidance; or whether certain activity constitutes brokering under the meaning of the International Traffic in Arms Regulations. With certain exceptions, advisory opinions are not binding on State and may not be used in future matters before it.

DDTC states that it has recently acquired an electronic case management system to update its business processes and the way it receives and handles information from industry. This system, once deployed, will allow users to electronically submit requests for advisory opinions and retrieve responses. DDTC staff members have defined the data fields that are most relevant and necessary for requests for advisory opinions and developed the means to accept this information from the industry in a secure system. The revision of this information collection is meant to conform the current approved collection to DDTC’s new case management system. DDTC is  therefore requesting industry comments on the new advisory opinion form, which will be mirrored in the case management system once deployed.

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