Before a 'defense article' (hardware) or its related technical data can be exported from the US, an exporter must obtain approval in the form of a permanent export license.
The application for the permanent export of unclassified articles or related data is made on a US Department of State Publication 5 Form (DSP-5). Approval to the export of classified articles or related technical data is requested on a Form DSP-85. All applications must be accompanied by a copy of the purchase order, letter of intent or other appropriate documentation.
A completed US Non-Transfer and Use Certificate (Form DSP-83) must also be submitted before the US Government will approve the export of classified items or items considered to be 'significant military equipment' – although the US Government can require a DSP-83 to be submitted in other circumstances. This certificate stipulates that the foreign end-user (and/or consignee) will not re-export, resell or otherwise dispose of the proposed US equipment or data without the prior written approval of the US State Department.
Companies are encouraged to seek advice from Mr Steve Hyland if they are asked to complete a DSP-83.
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