DDTC Rescinds Notice From May 6, 2016 Regarding the Use of the Current Version of the DSP-83
By John Herzo, Senior Associate
June 8, 2016 - Effective IMMEDIATELY any expired DSP-83 forms the Department of State receives with export license applications will be processed. In addition, any client who received a proviso directing the upload of a new DSP-83 form as part of the condition to make exports is advised by the department of State that they may disregard the proviso by citing the June 8, 2016 notice.
The Department of State strongly urges all companies to use the latest DSP-83 form on their website.
DSP-83 Form Change
In November of 2015 the Department of State updated the DSP-83 Non-transfer and Use Certificate required for applications involving the permanent export of Significant Military Equipment. There were no changes to the wording of the form, the only change made was the extension of the expiration date until May 31, 2018 on the bottom of the form. At that time the Department of State published a web notice that stated that earlier versions of the form would be rejected after review by a licensing officer as the DTrade system cannot reject a submission based on the expiration date of supporting documentation.
The Department of State continued to receive expired DSP-83 forms as supporting documentation with DTrade submissions. In the interim in March 2016, DDTC published a revised DSP-83 form which updated the expiration date at both the top of the document and the bottom. Due to its obligation to accept only non-expired forms, on May 6, 2016 the Department of State issued a web notice which identified the following:
- Any license application pending with DDTC using an unexpired DSP-83 form (prior to DDTC revision) will be processed as normal;
- Any license application in process with the prior DSP-83 form will be processed as normal, but will require completion of an updated DSP-83 form by all parties before July
1, 2016; which must be uploaded to DTrade;
- Beginning on May 14, 2016, the Department of State will not accept license applications using the expired DSP-83 form, unless the applicant submits a formal letter signed by the
Empowered Official with the application stating that the applicant understands that it must obtain new DSP-83 forms prior to DDTC approval of the license application. Any license application that does not contain a new DSP-83 by July 1, 2016 will be Returned Without Action;
- Starting on July 1, 2016 all license applications submitted with an expired DSP-83 will be Returned Without Action by the Department of State.
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