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Defense Export Authorization Requests Should Use Current DSP-83

Tuesday, May 10, 2016
Sandler, Travis & Rosenberg Trade Report

The State Department’s Directorate of Defense Trade Controls continues to receive expired versions of form DSP-83, Non-Transfer and Use Certificate, as supporting documentation for applications for authorization to export significant military equipment and classified equipment or data. This form was updated last fall and DDTC said it would reject earlier versions starting Nov. 26, 2015, but implementation of this requirement has been inconsistent and the expired form continues to be used by industry.

In response, DDTC has established the following policy.

- Effective May 6, all license applications that are pending with DDTC, including any received after May 6 but prior to May 14, with an attached expired version of the DSP-83 will require completion of the non-expired version of the form before the applicant can initiate the export. The affected licenses will receive a proviso that directs the applicant to upload a new version of the non-expired DSP-83 to D-Trade prior to export but not later than July 1. Since DDTC has pending licenses older than the expiration date of the expired version of the DSP-83, if the attached DSP-83 was fully executed and the license submitted to DDTC prior to that date, those licenses will be excluded from this policy.

- Effective May 14, DDTC will not accept applications with the expired DSP-83 unless they include an explicit signed separate letter from the empowered official acknowledging that they understand the requirement to obtain a new DSP-83 prior to DDTC approval of the case. This is to allow the U.S. government time to review the pending application while the applicant is seeking the correct documentation. These cases will be returned without action on July 1 if the correct DSP-83 has not been uploaded to the D-Trade case file.

- Effective July 1, DDTC will return without action any applications submitted using an expired DSP-83.

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