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The DSP-83 form is a critical document within the framework of U.S. export regulations, specifically tailored for transactions involving significant military equipment and classified data. This form must be included with the application for export authorization submitted to the U.S. Department of State. Its absence can lead to the automatic dismissal of the application. Designed for the foreign recipients involved in the transaction—be it a consignee, end-user, or a government entity—the DSP-83 facilitates transparency and compliance with U.S. law. The form requires the submission of detailed information such as the application number, names of the involved parties, and specific quantities and values of the articles being exported. Additionally, it demands certifications from both the foreign consignee and end-user, confirming their intent and adherence to U.S. export controls. Each item on the form has its own instruction, and accurate completion is critical for successful processing. Failure to meet these documentation requirements can jeopardize the legitimacy and success of the export process.

Form Sample

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.

*Paperwork Reduction Act Statement: Public reporting burden for this collection of information is estimated to average 60 minutes per response, including time required for searching existing

data sources, gathering the necessary documentation, providing the information and/or documents required, and reviewing the final collection. You do not have to supply this information unless this collection displays a currently valid OMB control number. If you have comments on the accuracy of this burden estimate and/or recommendations for reducing it, please send them to:

Department of State, 2401 E St. NW, 12th Floor, Washington, D.C. 20037.

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

 

 

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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.

Sign here

 

 

in ink

 

 

 

 

 

 

Signature of Applicant

 

Date Signed (mm-dd-yyyy)

Type or print

 

 

Seal

Name and Title of Signer

 

 

 

 

 

 

 

 

 

 

DSP-83

 

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Document Specifications

Fact Name Details
Purpose The DSP-83 form is required by the U.S. Department of State as part of applications to export significant military equipment and classified data.
Governing Law This form is governed by 22 CFR §§123.10(a), 124.10, and 125.7.
Submission Requirements Completion of the DSP-83 is essential and must be done by the designated foreign person and submitted through the U.S. applicant.
Certification The form requires various certifications from both the U.S. applicant and foreign entities involved in the transaction.
Reporting Burden According to the Paperwork Reduction Act, the estimated burden for completing this form averages one hour.

Steps to Filling Out Dps 83

Once you have gathered all the relevant information needed for the DSP-83 form, you can begin the process of filling it out. Be sure to ensure accuracy, as any mistakes or omissions may delay your application for export authorization. Follow these steps carefully to complete the form correctly.

  1. Leave the application number blank. The U.S. Department of State will fill this in when you submit the form.
  2. Enter the full name of the U.S. person submitting the application.
  3. Provide the name of the foreign individual or entity who will receive the articles or data. Remember, an intermediary like a freight forwarder does not count here.
  4. Indicate the country where the articles or data will ultimately be used.
  5. List the precise quantities and descriptions of the articles or data. Include the type, model number, make, and if available, the U.S. military designation or national stock number. If minor and major components are involved, clarify their relations. State the separate selling price for each major component.
  6. This step is for the foreign person involved in the transaction if they are different from the end-user. They should fill in their certification details.
  7. The foreign person in the destination country who will ultimately use the items must fill out this section.
  8. If asked by the U.S. Department of State, an official of the destination country with appropriate authority must complete this section.
  9. The U.S. applicant must sign this certification section, affirming that the information provided is true and complete.

With each step completed, your form will be ready for submission. Make sure to check for any required supporting documents and send everything to the U.S. Department of State to avoid unnecessary delays in your application process.

More About Dps 83

What is the purpose of the DSP-83 form?

The DSP-83 form is a requirement set by the U.S. Department of State for applications seeking authorization to export significant military equipment and classified data. The form ensures compliance with export regulations and must accompany the application; failing to include it will result in the application being returned without any review.

Who needs to complete the DSP-83 form?

This form must be completed by appropriate foreign persons involved in the export transaction, including the consignee, end-user, or government entity. Submitting the form allows the U.S. Department of State to verify that all parties understand their responsibilities under U.S. export regulations.

What information is required in the DSP-83 form?

The form collects essential data, including the application number, the U.S. applicant's name, details about the foreign end-user, the country of ultimate destination, a description of the articles/data being exported, and certifications by various parties involved in the transaction. Specific itemization of articles with models, quantities, and values is critical.

What happens if the DSP-83 is not submitted with the application?

If the DSP-83 form is not submitted alongside the export application, the U.S. Department of State will return the application without taking any action. This underscores the importance of completing this form accurately and thoroughly to avoid unnecessary delays.

Can a freight forwarder be listed as an end-user?

No, a freight forwarder or any intermediary cannot be listed as the end-user on the DSP-83 form. The form specifically requires the actual foreign person who will receive the equipment or data for end-use to be identified. This ensures transparency and accountability in the export process.

What details must be included regarding the articles/data?

When listing articles or data on the form, it is necessary to include precise quantities, descriptions, type, model numbers, and associated values. If components or spare parts are involved, it's important to detail how they relate to the major components or end items in which they will be utilized. Each item must be clearly identified to prevent any ambiguity.

Who completes item 6 of the DSP-83 form?

Item 6 is to be completed by the foreign person who has entered into the export transaction to purchase the articles or data for delivery to the identified end-user. This item should only be filled out if the foreign consignee differs from the end-user.

What is the role of the certification by the foreign government?

The certification by the foreign government confirms that they will not permit the re-export, resale, or other disposal of the articles or data without prior written approval from the U.S. Government. It also provides assurances on the use of the items in accordance with specified agreements or treaties to ensure compliance with defense regulations.

What is the estimated burden of completing the DSP-83 form?

The estimated burden for completing the DSP-83 form is around 60 minutes on average. This timeframe includes gathering information, completing the documentation, and reviewing everything before submission. It is important to provide only the necessary information, as this can streamline the process significantly.

Common mistakes

  1. Incomplete information: Individuals often forget to provide all required details. Each section of the DSP-83 form must be filled out completely. Missing details can delay the processing of the application and might result in it being returned without action.

  2. Incorrect recipients: Some people mistakenly list intermediaries, such as freight forwarders, as end-users. The form specifically requires the name of the actual foreign person who will receive and use the articles or data. This error could invalidate the application.

  3. Failure to specify quantities: Another common mistake is not providing precise quantities for each item listed. This includes type, model number, and other identifiers. Clear documentation is crucial for accurately assessing the export application.

  4. Incorrect submission process: Individuals sometimes submit the DSP-83 form separately without including the application number. This can lead to confusion. Ensure that when submitting the form separately, the application number is included to facilitate proper processing.

Documents used along the form

When submitting the DSP-83 form for export authorization, other essential documents may accompany it. These documents play a crucial role in ensuring compliance with export regulations. Below is a list of forms and documents frequently used alongside the DSP-83.

  • DSP-5 Form: This is needed for applications involving the export of defense articles or services. It outlines the details of the export transaction and must be completed by the U.S. applicant.
  • DSP-6 Form: This form is required for the export of defense services. It identifies the services to be provided and the associated foreign end-user.
  • End-Use Certificate: This document certifies the intended use of exported items. It is often required by both the U.S. government and the receiving country to ensure compliance with end-use restrictions.
  • Agreement of Sale: This legal document outlines the terms under which the defense articles or services are sold. It includes details about pricing, delivery, and responsibilities of all parties involved.
  • Commodity Jurisdiction Determination: This determination is used to classify an item as either defense or commercial, which impacts the type of export licenses required.
  • Foreign Military Sales (FMS) Letter: This document is used when the U.S. government sells defense articles or services to foreign governments. It outlines the terms of the sale and obligations for both parties.
  • Transportation Document: This may include a bill of lading or air waybill, which facilitates the shipment of the exported items. It provides necessary details about the shipment.
  • Pro Forma Invoice: This is a preliminary invoice that outlines the expected shipping costs, item descriptions, and expected total price. It serves as an initial quote to the foreign buyer.
  • Re-export Certificate: This document is sometimes needed when an exported item is intended for further export to another country. It certifies that the recipient will not re-export the item without authorization.

Including these documents along with the DSP-83 form can expedite the application process and strengthen compliance with U.S. export regulations. Ensure all forms are accurately completed and submitted in a timely manner to avoid delays.

Similar forms

The DSP-83 form is similar to the DS-2032 form, which is also utilized in the context of U.S. Department of State export regulations. Like the DSP-83, the DS-2032 provides information about the end-user and the intended use of certain articles or data. The DS-2032 specifically focuses on the certification of the foreign person receiving the items and confirms compliance with U.S. export regulations. Both forms require signatures from the involved parties, thereby ensuring accountability and adherence to U.S. law regarding the export of controlled items.

Another document comparable to the DSP-83 is the Form 7590, which is used for applications regarding the export of goods and military technology. By collecting similar information, the Form 7590 serves to verify the legitimacy of the transactions and the qualifications of the parties involved. This form, like the DSP-83, mandates listing detailed descriptions of the items being exported and underscores the importance of the precise identification of end-users. Both documents work together to maintain compliance in the authorization process for sensitive exports.

The Export License Application (Form BIS-748P) is another form that shares similarities with the DSP-83. This document is required when someone seeks permission to export items regulated by the Bureau of Industry and Security. The BIS-748P collects information about the exporter, the items in question, and the end-user, mirroring many items referenced in the DSP-83. Both forms aim to establish certainty regarding the transfer of sensitive technology and defense articles while ensuring international security standards are upheld.

Lastly, the Form DS-1259 comes into play as a similar document for reporting information on the export of defense articles. This form seeks to gather comparable data, including the foreign recipient's details, the nature of the items, and intended use. In much the same way as the DSP-83, the DS-1259 engages stakeholders in the export process to affirm that their dealings comply with U.S. law and that there is accountability for the use of the exported goods. It highlights the need for comprehensive oversight in the export of sensitive materials.

Dos and Don'ts

When completing the DSP-83 form, there are important do's and don'ts to keep in mind. Follow this guide to ensure your application goes smoothly.

  • Do provide accurate and complete information in all fields.
  • Do include the application number if submitting the form separately.
  • Do clearly identify the foreign end-user receiving the equipment or data.
  • Do list precise quantities and details for each item, including values.
  • Don't use intermediaries as the end-user; they are not acceptable.
  • Don't forget to have all necessary parties sign the form where required.
  • Don't submit the form without ensuring all facts are correct and up to date.

Misconceptions

  • Misconception 1: The DSP-83 form is optional for export applications.
  • This is incorrect. The U.S. Department of State mandates that the DSP-83 form be included with applications for exporting significant military equipment and classified data. Omitting this form can lead to delays or rejection of your application.

  • Misconception 2: Only U.S. citizens need to fill out the form.
  • This is a misunderstanding. The DSP-83 must be completed by foreign persons, such as consignees or end-users, involved in the transaction. It is a collaborative effort requiring input from both U.S. and foreign entities.

  • Misconception 3: The form can be submitted after the export application.
  • This is false. If the DSP-83 form is submitted separately from the application, the U.S. applicant must include the application number. Failing to submit it alongside the application will result in the application being returned without action.

  • Misconception 4: All countries are eligible to receive items listed on the DSP-83.
  • This is incorrect. The form requires you to specify the ultimate destination country for the articles or data. Compliance with U.S. export regulations is essential, and certain countries may be restricted due to sanctions or trade policies.

  • Misconception 5: Listing quantities and components on the form is not crucial.
  • This is a significant mistake. Accurate documentation is vital. The DSP-83 requires precise descriptions, including type, model number, and quantities of items. Incomplete information could lead to complications or denials during the application process.

Key takeaways

Filling out and using the DSP-83 form is an important step in the export process for significant military equipment and classified data. Proper completion of this form ensures compliance with U.S. regulations and facilitates a smoother application process. Here are four key takeaways to keep in mind:

  • The DSP-83 form must be completed by the appropriate foreign persons, including the end-user and consignee, and submitted through the U.S. applicant. Proper collaboration is essential to avoid delays.
  • Ensure that precise details, such as the types and quantities of items being exported, are included. Incomplete or vague descriptions can lead to your application being returned without action.
  • Certification by various parties is crucial. The foreign consignee and end-user must attest that they will not reuse or re-export the articles/data without prior approval from the U.S. Government, safeguarding against misuse.
  • Timeliness matters. Submit the DSP-83 form concurrently with your application when possible. If submitted separately, include the application number to avoid complications in processing.