22 C.F.R. § 123.3

Temporary import licenses

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(a) A license (DSP-61) issued by the Directorate of Defense Trade Controls is required for the temporary import and subsequent export of unclassified defense articles, unless exempted from this requirement pursuant to § 123.4. This requirement applies to:

(1) Temporary imports of unclassified defense articles that are to be returned directly to the country from which they were shipped to the United States;

(2) Temporary imports of unclassified defense articles in transit to a third country;

(b) A bond may be required as appropriate (see part 125 of this subchapter for license requirements for technical data and classified defense articles.)

(c) A DSP-61 license may be obtained by a U.S. importer in satisfaction of § 123.4(c)(4) of this subchapter. If a foreign exporter requires documentation for a permanent import, the U.S. importer must contact the Department of Justice's Bureau of Alcohol, Tobacco, Firearms and Explosives for the appropriate documentation. A DSP-61 will not be approved to support permanent import requirements.

[58 FR 39299, July 22, 1993, as amended at 71 FR 20540, Apr. 21, 2006; 77 FR 22670, Apr. 17, 2012]

Notes of Decisions

Cited in 1 case, 1991–1991 · leading case: United States v. Fu Chin Chung, 931 F.2d 43 (11th Cir. 1991).

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United States v. Fu Chin Chung, 931 F.2d 43 (11th Cir. 1991). “For example, 22 C.F.R. § 123.3 requires that a temporary import license issue for any defense article coming into this country for “overhaul, repair, modification, or other purposes.”

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