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The DSP-83 form plays a crucial role in the export of military and classified equipment from the United States. It serves as a Nontransfer and Use Certificate required by the U.S. Department of State. Completing this form accurately is essential for any U.S. person applying for export authorization, as failure to submit it can result in the application being returned without any action taken. The form needs to be filled out by designated foreign entities, including consignees and end-users, and must be submitted through the U.S. applicant associated with the transaction. Various items within the form require specific information, such as the U.S. applicant’s name, details about the foreign end-user, and the intended country of use. Listing precise quantities and details of the items being exported is critical; this includes their type, model numbers, and values, which should reflect the selling price alone. Other sections focus on certifications from foreign consignees and end-users regarding the use of the exported items, emphasizing the need for compliance with U.S. regulations. Importantly, signatures from responsible officials validate the information provided, ensuring accountability in international transactions involving military and strategic materials.

Dps 83 Example

INSTRUCTIONS FOR DSP-83

The U.S. Department of State requires that this completed form DSP-83 be included as a part of an application for authorization to export significant military equipment and classified equipment or data (22 CFR §§123.10(a), 124.10 and 125.7.) Failure to submit will result in the application being returned without action. The form DSP-83 must be completed by the appropriate foreign persons (e.g., consignee, end-user, government) and forwarded to the U.S. Department of State through the U.S. person making the application.

1.Item 1. The U.S. Department of State will enter the application number when the form DSP-83 is submitted with the application. The U.S. applicant must provide the application number when form DSP-83 is submitted separately from the application.

2.Item 2. Show the name of the U.S. person submitting the application to the U.S. Department of State.

3.Item 3. Show the foreign person that will receive the articles/data for end-use. A bank, freight forwarding agent, or other intermediary is not acceptable as an end-user.

4.Item 4. Show the country in which the articles/data will ultimately receive end-use.

5.Item 5. Show precise quantities of the articles/data. List each article/data clearly, giving type, model number, make and (if known) U.S. military designation or national stock number. When components and spare parts are involved, fully identify the minor component, major component and end item in which they will be used (e.g., turbine blades for C-34 jet engine for F24B aircraft). Give a separate value for each major component. Values must represent only the selling price and not include supplementary costs such as packing and freight.

6.Item 6. To be completed by the foreign person who has entered into the export transaction with the applicant to purchase the articles/data for delivery to the end-user. This item shall be completed only if the foreign consignee is not the same as the foreign end-user.

7.Item 7. To be completed by the foreign person, in the country of ultimate designation, who will make final use of the articles/data.

8.Item 8. When requested by the U.S. Department of State, this item is to be completed by an official of the country of ultimate destination having the authority to so commit the government of that country.

9.Item 9. Certification of U.S. applicant.

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DSP-83

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U.S. Department of State

UNITED STATES OF AMERICA

NONTRANSFER AND USE CERTIFICATE

2. Name of United States applicant

3. Name of foreign end-user

 

 

1. This certificate is submitted in

OMB No. 1405 0021

EXPIRATION DATE: 05-31-2018

connection with export application

*ESTIMATED BURDEN: 1 Hour

no.

 

(Instruction Page)

4. Country of ultimate destination

5. Articles/data

We certify that we have placed an order with the person named in item 2 for the following articles/data in the quantity and value shown below:

QUANTITY

ARTICLES/DATA DESCRIPTION

VALUE (U.S. $)

6. Certification of foreign consignee

We certify that we are importing the articles/data listed in item 5 for delivery to the end-user in item 3. Except as specifically authorized by prior written approval of the U.S. Department of State, we will not re-export, resell, or otherwise dispose of any of those articles/data (1) outside the country in item 4 above, or (2) to any person, including the end-user, if there is reason to believe that it will result, directly or indirectly, in disposition of the articles/data contrary to the representations made in this certificate by any party. We further certify that all of the facts contained in this certificate are true and correct to the best of our knowledge and belief and we do not know of any additional facts that are inconsistent with this certificate. We will promptly send a supplemental certificate to the U.S. applicant in item 2 disclosing any change of facts or intentions set forth in this statement.

Sign here

 

 

in ink

 

 

 

 

 

Signature of Official, Foreign Consignee

 

Date Signed (mm-dd-yyyy)

 

 

 

Type or print

 

 

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Name and Title of Signer

 

 

 

 

 

7. Certification of foreign end-user

We certify that we are the end-user of the articles/data in item 5. Except as specifically authorized by prior written approval of the U.S. Department of State, we will not re-export, resell, or otherwise dispose of any of those articles/data (1) outside the country in item 4 above, or (2) to any other person. If the end-user is a foreign government, we certify that we will observe the assurances contained in item 8. We further certify that all of the facts contained in this certificate are true and correct to the best of our knowledge and belief and we do not know of any additional facts that are inconsistent with this certificate.

Sign here

 

 

in ink

 

 

 

 

 

Signature of Official, End-User

 

Date Signed (mm-dd-yyyy)

 

 

 

Type or print

 

 

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Name and Title of Signer

 

 

 

 

 

8. Certification of foreign government

We certify that we will not authorize the re-export, resales or other disposition of the articles/data authorized in item 5 outside the country in item 4 without prior written approval of the U.S. Government. If the articles/data are for use by our "armed forces" (i.e., army, navy, marine, air force, coast guard, national guard, national police, and any military unit or military personnel organized under or assigned to an international organization), we certify that we will use the authorized articles/data only: (a) for the purposes specified in the Mutual Defense Assistance Agreement, if any, between the U.S. Government and this government; (b) for the purposes specified in any bilateral or regional defense treaty to which the U.S. Government and this government are both parties, if subparagraph (a) is inapplicable; or (c) for internal security, individual self-defense, and/or civic action, if subparagraphs (a) and (b) are inapplicable.

Sign here

 

 

in ink

 

 

 

 

 

Signature of Government Official

 

Date Signed (mm-dd-yyyy)

 

 

 

Type or print

 

 

Seal

Name and Title of Signer

 

 

 

 

 

9.We certify that no corrections, additions or alterations were made on this form by us after it was signed by the foreign consignee, foreign end-user or foreign government.

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in ink

 

 

 

 

 

 

Signature of Applicant

 

Date Signed (mm-dd-yyyy)

Type or print

 

 

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Name and Title of Signer

 

 

 

 

 

 

 

 

 

 

DSP-83

 

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Form Characteristics

Fact Name Detail
Purpose The DSP-83 form is required by the U.S. Department of State when applying for authorization to export significant military equipment and classified data.
Submission Requirement It must be completed by appropriate foreign persons and submitted alongside or after the application for export.
Governing Laws This form aligns with regulations found in 22 CFR §§123.10(a), 124.10, and 125.7.
Consequences of Non-compliance Failing to submit the DSP-83 will result in the application being returned without action by the Department of State.

Guidelines on Utilizing Dps 83

The following process outlines the steps needed to complete the DSP-83 form. This form is necessary for those looking to export military or classified equipment, ensuring compliance with U.S. regulations. Filling it out correctly is vital, as any errors may cause application delays or rejections.

  1. Application Number: Leave the first item blank. The U.S. Department of State will fill in the application number upon submission.
  2. U.S. Applicant's Name: Provide the name of the U.S. person submitting the application.
  3. Foreign End-User's Name: Fill in the name of the foreign person or entity who will receive the articles or data intended for end-use. Do not list banks or intermediaries.
  4. Country of End-Use: Identify the country where the articles or data will ultimately be used.
  5. Articles/Data Information: Clearly list the types and quantities of articles or data. Include specific details like model numbers and military designations. Specify the cash sales price for each major item.
  6. Foreign Consignee Certification: If applicable, the foreign consignee must complete this section, confirming they are in the transaction for importation.
  7. Foreign End-User Certification: This section should be completed by the foreign person who will ultimately use the articles/data.
  8. Certification by Government Official: If required, an official from the country of destination must certify their knowledge of the transaction and their authority over it.
  9. Certification of U.S. Applicant: The U.S. applicant must sign this section, confirming there have been no alterations to the form after signatures were obtained.

Once completed, double-check each entry for accuracy and clarity. Submitting the form accurately is crucial to avoid setbacks in your export application process.

What You Should Know About This Form

What is the DPS 83 form?

The DPS 83 form is a certification required by the U.S. Department of State when applying for authorization to export significant military equipment and classified data. This form must be completed by relevant foreign persons involved in the transaction and submitted along with the export application. Failure to include this form can result in the application being returned without consideration.

Who needs to complete the DPS 83 form?

The DPS 83 form must be completed by foreign persons involved in the export process. This includes consignees, end-users, and any foreign government entities that will ultimately receive and use the exported articles or data. The form serves to certify the intended end use and the parties involved in the transaction.

What information is required in Item 1?

In Item 1, the applicant must leave it blank. The U.S. Department of State will fill in the application number once the form is submitted with the rest of the application. If the form is submitted separately from the application, the U.S. applicant must provide the application number to avoid confusion.

What should be included in Item 5 regarding articles and data?

Item 5 requires a detailed description of the articles or data being exported. This should include the type, model number, make, and if possible, the U.S. military designation or national stock number. It is important to provide precise quantities and separate values for each major component. Valuation should reflect the selling price without additional costs like packing or freight.

How is the foreign end-user identified on the form?

In Item 3, the name of the foreign end-user who will actually receive and use the articles or data must be provided. This cannot be a bank, freight forwarder, or any other intermediary; it must be the entity that will have direct use or control over the items.

What happens if the consignee and end-user are different?

Item 6 is specifically for situations where the foreign consignee (the entity importing the articles) is not the same as the foreign end-user. This item must be completed by the foreign entity involved in the export transaction to confirm their role and verify the intended use of the imported items.

Who certifies the information in Item 8?

Item 8 must be completed by an official of the foreign government in the country of ultimate destination. This official has the authority to commit the government to the terms outlined, ensuring compliance with U.S. export regulations.

What is the purpose of Item 9?

Item 9 is a certification by the U.S. applicant stating that no alterations were made to the form after it was signed by the necessary foreign parties. This certification helps maintain the integrity of the information submitted and ensures all statements are accurate as of the time of signing.

How long does it take to complete the DPS 83 form?

The estimated time to complete the DPS 83 form is about 60 minutes. This includes gathering necessary documentation and reviewing all information provided. It is important to ensure that the form is filled out correctly to avoid delays in the export application process.

Common mistakes

When completing the DSP-83 form, several common mistakes can hinder the application process. First, many individuals fail to provide the correct application number in Item 1. This number is essential, especially if the DSP-83 is submitted separately from the application. Without this, the Department of State may not connect the form with the respective application, leading to delays.

Second, the name of the U.S. applicant must be clearly stated in Item 2. Omitting this detail or misidentifying the applicant is a frequent error. It risks confusion and can lead to complications in processing. Clear identification is crucial, as the U.S. Department of State needs accurate records to facilitate the transaction.

Third, many submitters incorrectly identify the end-user in Item 3. It is essential to specify the foreign person who will ultimately use the articles or data. Using intermediaries, like freight forwarders or banks, is not acceptable. Such blunders can invalidate the form and necessitate resubmission.

Fourth, Item 5 requires precise details regarding the quantities and descriptions of articles or data being exported. Applicants often attempt to summarize or generalize this information, which can lead to inaccuracies. Each item should be listed clearly, with the necessary identification numbers provided. This attention to detail is vital to ensure compliance with export regulations.

Fifth, failing to include a separate value for each major component can result in confusion. The form specifies that values must represent only the selling price, excluding additional costs like packing. Skipping this detail could lead to rejections or requests for clarification from the Department of State.

Lastly, Item 9 emphasizes the importance of accuracy in the certification process. Some individuals neglect to re-confirm that no corrections or alterations have occurred post-signature. This can create discrepancies and undermine the integrity of the form. A careful review before submission ensures that the application proceeds smoothly.

Documents used along the form

The DSP-83 form, an essential element in the export application process for significant military equipment and classified data, requires careful attention to detail. When navigating this intricate landscape, certain other forms and documents frequently accompany the DSP-83 to ensure compliance and clarity throughout the export process. Understanding these additional documents can facilitate smoother transactions and uphold regulatory responsibilities.

  • DSP-5: This is the application form for the export of defense services and technical data. It requires detailed information about the services being exported, including descriptions and quantities. Just like the DSP-83, it involves certifications and can lead to in-depth reviews by the authorities.
  • Nontransfer and Use Certificate: Often submitted alongside the DSP-83, this document certifies that the articles or data will not be transferred or used contrary to U.S. export regulations. It includes the names of the U.S. applicant and foreign end-user, ensuring accountability for the disposition of sensitive materials.
  • End-Use Certificate: This certificate provides assurance from the foreign end-user about the intended use of the exported items. It outlines the end user's commitment not to divert the products for unauthorized purposes, adding a level of security to the transaction.
  • Letter of Intent: While not always mandatory, this letter can accompany the DSP-83 to express the foreign recipient's commitment to comply with U.S. laws governing exports. It helps in establishing trust and clarifying intentions upfront in the export process.

In summary, the successful navigation of the export process often requires a careful assembly of related documentation alongside the DSP-83 form. Familiarizing oneself with each of these accompanying forms can make all the difference in ensuring compliance and facilitating better communication between all parties involved in the export of sensitive military equipment and related data.

Similar forms

  • Form DSP-73: Similar to the DSP-83, the DSP-73 form is used for export licensing. It requires the identification of the applicant as well as details about the end-user and the intended use of the exported items, paralleling the structure of the DSP-83 in gathering compliance information for U.S. export control regulations.
  • Form DSP-5: This form relates to the export of unclassified defense articles and services. Like the DSP-83, it requires explicit identification of the end-user, underscoring accountability in military exports and keeping a consistent check on who will use the exported goods.
  • Form DS-6003: Known as the "U.S. Government Letter of Intent," it’s similar in that it seeks confirmation about the purpose of the military export. It ensures that the proposed transactions align with U.S. foreign policy and national security interests, much like the DSP-83's certifications.
  • Congressional Notifications: Export approvals for significant military equipment often must be notified to Congress. This process shares the same goal as the DSP-83 of ensuring transparency and oversight concerning sensitive military transactions, emphasizing accountability at various levels of governance.
  • Form DSP-85: This form is for the approval of foreign military sales. Comparably, it requests detailed information regarding the foreign end-users, their intended use, and ensures compliance with U.S. regulations, much like the DSP-83's emphasis on end-use certification.
  • Form SF-1034: This is a report on the disposition of surplus property. Even though focused on surplus, it parallels the DSP-83 by tracking where materials are going and ensuring compliance with export regulations following their disposal.
  • Form DS-1610: This form relates to exporting items controlled for export (excluding military items). It too gathers data concerning the end-user and intended use, much like the DSP-83, helping to ensure items do not fall into the wrong hands.
  • Form DS-2046: This document handles the transfer of defense articles, asking for similar information regarding end-users and purposes. Like the DSP-83, it seeks to maintain strict compliance with U.S. regulations on military goods, ensuring national security is upheld during transfers.

Dos and Don'ts

Things to Do When Filling Out the DSP-83 Form:

  • Provide accurate information for each item on the form, ensuring all names, countries, and quantities are correct.
  • Include the application number if submitting the DSP-83 separately from the main application.
  • Clearly identify the end-user. Only include a foreign person or entity that will physically use the articles/data.
  • Double-check your entries for clarity and completeness before submission.

Things Not to Do When Filling Out the DSP-83 Form:

  • Do not submit the form without fully completing all required fields.
  • Avoid vague descriptions of articles or data. Specificity is key.
  • Never list a bank, freight forwarding agent, or intermediary as the end-user.
  • Do not make any corrections after the form has been signed without proper procedure.

Misconceptions

Here are six common misconceptions about the DSP-83 form:

  • Misconception 1: The DSP-83 form is optional for applications.
  • Some believe that submitting the DSP-83 is not necessary. This is inaccurate; failure to include it will lead to your application being returned without action.

  • Misconception 2: Only U.S. parties need to fill out the form.
  • In reality, both U.S. and foreign parties must complete sections of the form. It's designed to involve all relevant stakeholders in the export process.

  • Misconception 3: Providing the application number is trivial.
  • The application number is crucial. If you submit the DSP-83 separately from your application, you must include this number to ensure proper processing.

  • Misconception 4: A freight forwarder can be listed as an end-user.
  • This is incorrect. The end-user must be the actual foreign person or entity receiving the articles, not an intermediary.

  • Misconception 5: It's acceptable to estimate quantities and values on the DSP-83.
  • Precise information is required. Each article's type, model, and value must be clear and specific, leaving no room for ambiguity.

  • Misconception 6: The DSP-83 only needs signatures from U.S. applicants.
  • This is false. The form requires certifications and signatures from foreign consignees and end-users as well, ensuring accountability at all levels.

Key takeaways

The DSP-83 form is a crucial document required by the U.S. Department of State for the export of significant military equipment and classified data. Here are essential takeaways for filling out and utilizing this form:

  • Complete Submission is Essential: The DSP-83 must accompany an application for export. Neglecting to submit it will lead to rejection of the application.
  • U.S. Applicant Identification: Clearly list the name of the U.S. person submitting the application in Item 2. This helps in maintaining a clear chain of accountability.
  • Foreign End-User Clarity: Item 3 requires the identification of the foreign person intended to receive the articles or data. It is vital that this is the actual end-user and not intermediaries like banks or freight forwarders.
  • Accurate Data on Destination: In Item 4, indicate the ultimate country where the articles or data will be employed. This is critical for compliance with international regulations.
  • Detail Quantity and Description: Item 5 necessitates precise identification of each article, including type, model number, and related U.S. military designations. This clarity prevents misunderstandings and ensures that all parties are aware of the specifics involved in the export.
  • Full Certification is Required: The certifications in Items 6, 7, and 8 must be completed by relevant foreign representatives. These affirm that the information is accurate and that parties understand their responsibilities under U.S. export law.

By adhering to these guidelines, individuals and organizations can facilitate a smoother export process while ensuring full compliance with U.S. regulations.