C.F.R. » Title 22 » CHAPTER I—DEPARTMENT OF STATE › SUBCHAPTER M—INTERNATIONAL TRAFFIC IN ARMS REGULATIONS › PART 123—LICENSES FOR THE EXPORT AND TEMPORARY IMPORT OF DEFENSE ARTICLES

22 C.F.R. § 123.10

Nontransfer and use assurances

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(a) A nontransfer and use certificate (i.e., Form DSP-83) is required for the export of significant military equipment and classified articles, including classified technical data, pursuant to a license or other authorization, except for the exemptions in §§ 126.5 and 126.7 of this subchapter. A license will not be issued until a completed Form DSP-83 has been received by the Directorate of Defense Trade Controls. This form is to be executed by the foreign consignee, foreign end-user, and the applicant. The certificate stipulates that, except as specifically authorized by prior written approval of the Department of State, the foreign consignee and foreign end-user will not reexport, resell, or otherwise dispose of the significant military equipment enumerated in the application outside the country named as the location of the foreign end-use or to any other person.

(b) The Directorate of Defense Trade Controls may also require a DSP-83 for the export of any other defense articles, including technical data, or defense services.

(c) When a DSP-83 is required for an export of any defense article or defense service to a non-governmental foreign end-user, the Directorate of Defense Trade Controls may require as a condition of issuing the license that the appropriate authority of the government of the country of ultimate destination also execute the certificate.

[71 FR 20541, Apr. 21, 2006, as amended at 89 FR 67290, Aug. 20, 2024]
Notes of Decisions
Cited in 3 cases, 1985–1991 · leading case: David Shapiro v. The Repub. of Bolivia, the Bolivian Air Force & the Cent. Bank of Bolivia, 930 F.2d 1013 (2d Cir. 1991).
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David Shapiro v. The Repub. of Bolivia, the Bolivian Air Force & the Cent. Bank of Bolivia, 930 F.2d 1013 (2d Cir. 1991). “See 22 C.F.R. § 123.10 (1990). In September 1981, IPVL and the Bolivian Air Force entered into a contract (“Contract”) pursuant to which IPVL agreed to supply fifty-two such Starfighters and related equipment and services in exchange for negotiable promissory notes guaranteed by…”
United States v. Dicker, Leon, 853 F.2d 1103 (3rd Cir. 1988). “22 C.F.R. § 123.10 (a). This nontransfer certificate is informally referred to as an end user certificate.”
Off. of the Comptroller Gen. v. Int'l Promotions & Ventures, Ltd., 618 F. Supp. 202 (S.D.N.Y. 1985). “See 22 C.F.R. § 123.10 (b) (1981). . In 1981 and 1982 Ambassador Hart was the Director of the Office of Andean Affairs, Bureau of Inter-American Affairs, in the Department of State 'of the United States Government.”
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