Appeal No. 2006-0132
Application No. 09/946,627
d. Processes
i) U.S. citizens, Canadian citizens
and resident aliens are required to complete
DD form 2345 and to submit it to: Commander,
Defense Logistics Services,… If attendee’s
company is currently certified under the
Export Controlled DOD Technical Data
Agreement form 2345, they are not required to
recertify; however, they must be urged to
bring a copy of their firm’s certification
form to the meeting. They must also bring
some proof of company affiliation. A
business card will suffice.
ii) Non-U.S./Canadian citizens who wish
to attend closed session must submit a
request for attendance through their embassy
in Washington D.C. to the U.S. Defense
Intelligence Agency.
The appellants did not submit the information requested in the
ORDER. Nor did the appellants provide facts relating to their
unsuccessful diligent efforts in the form of an affidavit or a
declaration. Rather, the appellants merely asserted their
inability to submit the information requested in the ORDER in the
Reply Brief. Specifically, the appellants stated at pages 2 and
3 of the Reply Brief2 that:
Applicant is unaware at this time of anyone employed by
Applicant that attended the Closed Session, and
therefore cannot respond to this request.
...
2 Presumably, these statements were made consistent with Rule 1.56 referred to
by the appellants at page 8 of the Brief.
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