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Defense Export Authorization Requests May be Accompanied by Expired Form DSP-83

Friday, June 10, 2016
Sandler, Travis & Rosenberg Trade Report

The State Department’s Directorate of Defense Trade Controls has rescinded a previous notice aimed at phasing out the use of an expired version of form DSP-83, Non-Transfer and Use Certificate, as supporting documentation for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.

DDTC’s previous noticed specified that as of May 6 all pending license applications with an expired DSP-83 would require completion of the non-expired version before the applicant could initiate the export and that the affected licenses would receive a proviso directing the applicant to upload a new version of the non-expired DSP-83 to D-Trade no later than July 1. DDTC also said that as of May 14 it would 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. Finally, DDTC said that as of July 1 it would return without action any applications submitted using an expired DSP-83.

DDTC now states that its previous notice has been rescinded and that anyone who received a proviso directing upload of a new DSP-83 can disregard it. Instead, effective June 8 DDTC will process any expired DSP-83 forms it receives and continue to accept such forms because they contain all of the information and certifications required by the current, unexpired form.

At the same time, DDTC strongly urges all individuals and entities that are not using the current DSP-83 to implement it no later than Oct. 1 to avoid any confusion during future revisions.

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