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Exports of Military Drones Now First Require Assurances of Proper Use

Tuesday, August 18, 2015
Sandler, Travis & Rosenberg Trade Report

The State Department’s Directorate of Defense Trade Controls has announced that in support of the U.S. policy on the export of military unmanned aerial systems it now requires certain assurances of proper use from the foreign end-users prior to export. Specifically, form DSP-83, Non-Transfer and Use Certificate, including a new addendum to paragraph five that must be in the format specified below, must be signed by the foreign end-user and U.S. applicant and be submitted at the time of initial application for a permanent export license.




End User:

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 regulations, the International Traffic In Arms Regulations, 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 military UAS and its related components and will provide substantially the same degree of security protection afforded to such article or service by the USG.

The end-user agrees to the following principles of use: 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.

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