Standard Licensing

Significant Military Equipment
Non-Transfer and Use Certificate DSP-83

  If an item is considered SME or Significant Military Equipment, the Department of State requires that the foreign party sign a DSP-83 form. This form states that the foreign party will not sell or transfer the item or service they are purchasing to another foreign party without the express permission of the U.S. State Department. This can be an unpopular requirement for your Foreign Party; however, the transaction will not be approved without this required document. In addition, most foreign governments are very familiar with the ITAR and EAR requirements and understand that they must sign the documentation in order to obtain what they request.

The State Department may occasionally require a DSP-83 be signed for something that is not considered SME. This is their prerogative and they do this to gain further assurance on foreign government compliance for particularly sensitive programs.

There are many other U.S. Government organizations that require some form of authorization for Exports and Imports, some examples are

• Commerce Licenses — for the export of controlled, but non-military goods
• Exemptions — authorizations that allow a transaction without a license application, however, exemptions have their own set of recordkeeping requirements that can be just as difficult to follow as a license authorization
• ATF Permits — some articles require an ATF form 6 or 9 to move in and out of the country. The Customs Border and Protection Agents will not allow a shipment to move without the proper paperwork in place.