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Will a non-agreement U.S. party be able to submit a license application on behalf of an agreement signatory, i.e., trading company?
The letter of explanation must be provided by the agreement holder of the relevant agreement. If another U.S. signatory to the agreement applies for a license, the application must be supported by a letter from the agreement holder which includes the section 5(c) certification. Only the agreement holder or another U.S. signatory may obtain a license in furtherance of an agreement. If a U.S. company wishes a trading company to obtain licenses in furtherance of an agreement that trading company must be a signatory to the agreement. This measure has been implemented to ensure that the agreement holder assumes full responsibility for all activities authorized under the agreement, in particular tracking hardware value to authorized thresholds.
Directorate of Defense Trade Controls (DDTC), U.S. State Department
http://www.pmddtc.state.gov/
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