New Paperwork Requirement for Exports of Military Drones
The State Department’s Directorate of Defense Trade Controls has issued a notice stating that in support of the new U.S. policy on the export of U.S.-origin military unmanned aerial systems it now requires certain assurances of proper use from foreign end users prior to export.
Specifically, in addition to the required DSP-83, Non Transfer and Use Certificate, DDTC now requires an addendum to paragraph five of the DSP-83 in the following format.
The end user agrees to use the U.S.-origin military UASs in accordance with international law, applicable provisions of the Arms Export Control Act and its implementing regulation, the International Traffic In Arms Regulations, other relevant provisions of U.S. law, and the transfer agreement. The end user agrees not to transfer title to or possession of any defense article or related training or other defense services associated with a U.S.-origin military UAS, so furnished to it, to anyone not an officer, employee or agent of that country. The end user agrees not to use or permit the use of the U.S.-origin military UAS for purposes other than those for which furnished unless the prior approval of the USG has been obtained. The end user agrees that it will maintain the security of the U.S.-origin military UAS and its related components and will take all reasonable efforts to prevent the unauthorized access to, loss of or theft of the U.S.-origin military UAS.
The end user agrees to the following principles of use with respect to the U.S.-origin military UAS: 1. Recipients are to use these systems in accordance with international law, including international humanitarian law and international human rights law, as applicable. 2. Armed UASs and strike enabling technologies are to be used in operations involving the use of force only when there is a lawful basis for use of force under international law, such as national self-defense. 3. Recipients are not to use UASs to conduct unlawful surveillance or use unlawful force against their domestic populations. 4. As appropriate, recipients shall provide UAS operators technical and doctrinal training on the use of these systems to reduce the risk of unintended injury or damage.
Note: Applicant’s signature certifies that there were no corrections, additions, or alterations after it was signed by the foreign end user.
DDTC states that the DSP-83 with the required addendum, signed by the foreign end user and U.S. applicant, must be submitted at the time of initial application for a permanent export license. The temporary export of U.S.-origin military UASs (e.g., marketing) will not require these assurances at the time of export, but any sale and subsequent permanent export must comply with this requirement.