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May a foreign company seek confirmation from DDTC as to whether an identified activity would be considered a “substantive contact?”



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The foreign company should first seek to work out whether something is a “substantive contact” and of concern in a specific instance as this is a discretionary standard. If a foreign company is still uncertain after exhausting all means of determining whether an identified activity is a “substantive contact,” the foreign company may, as a last resort, submit a General Correspondence (GC) request to DDTC. For details, please refer to Section 3.5.3 of the “Guidelines for Preparing Electronic Agreements.”

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