Form DSP-83: Non-Transfer and Use Certificate Signing and Filing

Form DSP-83, the Nontransfer and Use Certificate, is the signed pledge the Directorate of Defense Trade Controls (DDTC) requires before it will license the export of Significant Military Equipment or classified defense articles. On it, the U.S. exporter, the foreign consignee, and the foreign end-user each promise that the items will stay with the named recipient, in the named country, for the stated purpose, unless the State Department approves otherwise in writing. You complete it, gather every required signature, and upload it through DECCS as a supporting document to your license application.

When You Need a DSP-83

Under 22 CFR 123.10, a completed DSP-83 must accompany any license application involving Significant Military Equipment (SME) or classified defense articles and technical data. DDTC will not issue the license without one.1eCFR. 22 CFR 123.10 – Nontransfer and Use Assurances SME means articles whose military utility warrants extra controls: those marked with an asterisk on the U.S. Munitions List at 22 CFR 121.1, plus all classified articles on that list.2eCFR. 22 CFR 120.36 – Significant Military Equipment

The requirement carries over to defense trade agreements. Any Manufacturing License Agreement or Technical Assistance Agreement involving SME or classified items must include a signed DSP-83 from the applicant and the foreign party, and DDTC can require one for agreements that don’t involve SME at all if it chooses.3eCFR. 22 CFR Part 124 – Agreements, Off-Shore Procurement, and Other Defense Trade Authorizations – Section 124.10

Beyond the mandatory triggers, 22 CFR 123.10(b) gives DDTC discretion to demand a DSP-83 for any defense article, technical data, or defense service, even items that don’t meet the SME threshold, if the transaction raises diversion concerns.4eCFR. 22 CFR 123.10 – Nontransfer and Use Assurances

Who Has to Sign

Three signatures are always required: the U.S. applicant, the foreign consignee who receives the shipment, and the foreign end-user who will actually use the equipment. Each certifies that, without prior written approval from the Department of State, the articles will not be re-exported, resold, or otherwise transferred outside the named country or to any unauthorized person.1eCFR. 22 CFR 123.10 – Nontransfer and Use Assurances

When the end-user is a non-governmental entity, such as a private company or contractor rather than a foreign military branch, DDTC may add a fourth signatory. Under 22 CFR 123.10(c), the agency can condition the license on the appropriate authority of the recipient country’s government also executing the certificate.4eCFR. 22 CFR 123.10 – Nontransfer and Use Assurances That government signature functions as a sovereign-level guarantee that the non-transfer restrictions will be enforced inside the country’s borders. Getting a foreign ministry to sign can add weeks, so start that coordination as soon as you know you’ll need it.

Filling Out the Form

The blank DSP-83 (currently version 2.2) is a downloadable PDF available from the DDTC public portal on the State Department website.5U.S. Department of State. DSP-83 Non-Transfer and Use Certificate It’s organized into party-identification blocks, an item description and end-use section, and certification blocks for each signatory.

Party Identification

Enter the full legal name, address, and country for each party: the U.S. applicant, any foreign intermediate consignee handling the shipment in transit, the foreign consignee at the destination, and the foreign end-user. If the consignee and end-user are the same entity, the same information goes in both blocks. Mismatches between the DSP-83 and the underlying license application (a DSP-5 for permanent exports, for instance) are one of the most common reasons DDTC returns a package without action. Cross-check every field against the license before you submit.

Item Description and End-Use Statement

Describe the articles in enough detail for a reviewer to identify exactly what is moving. Include quantities, dollar values, and U.S. Munitions List category references. Vague descriptions like “electronic components” get applications kicked back. Then write a clear end-use statement explaining how the recipient plans to use the equipment. This is the substantive core of the form: it locks the foreign parties into a specific, documented purpose and becomes the baseline DDTC will later verify.

Certification and Signatures

Each signatory’s authorized representative signs a certification acknowledging that the items will not be re-exported, resold, or transferred to any party or destination not listed on the form without prior written State Department approval. Make sure the person signing has actual authority to bind the organization. False statements on the DSP-83 are a federal offense under 18 U.S.C. § 1001, carrying up to five years in prison.6Office of the Law Revision Counsel. 18 USC 1001 – Statements or Entries Generally

Submitting the Form Through DECCS

Once every signature is in place, upload the completed DSP-83 through the Defense Export Control and Compliance System (DECCS), the State Department’s online portal for all DDTC licensing activity. You’ll need a DECCS account, which is set up through the DDTC portal at deccs.pmddtc.state.gov. The DSP-83 is not a standalone filing. It attaches as a supporting document to the primary license application.

Based on the most recent DDTC data, export license applications average roughly 40 calendar days from submission to final action, measured from the date the applicant signs the electronic case to the date of DDTC’s decision.7U.S. Department of State – DDTC. License Processing Times Complex transactions involving highly sensitive SME or multiple foreign parties can take longer. During review, DDTC checks the DSP-83 against the license for consistency. Any discrepancy in party names, item descriptions, or end-use statements is grounds for return without action.

If approved, DDTC may attach provisos that impose conditions beyond the baseline DSP-83 commitments. Common examples include non-combat use restrictions, limits on which individuals or organizations within the end-user entity can access the articles, geographic restrictions on where the items can be operated, and periodic reporting requirements. The approved DSP-83 is linked electronically to the license, and you’ll receive notification through the DECCS dashboard.

What the Signatures Commit You To

The DSP-83’s central promise has teeth. Under 22 CFR 123.9, any re-export, retransfer, or change of end-use requires prior written approval from DDTC, and the requesting party must submit documentation equivalent to a new permanent export license application.8eCFR. 22 CFR 123.9 – Country of Ultimate Destination and End-Users The Department of State evaluates these requests case by case; a key threshold from Section 3(a) of the Arms Export Control Act is that the United States will not consent to a transfer to a country unless it would itself be willing to transfer the articles to that country directly.9U.S. Department of State. Third Party Transfer Process and Documentation

The signatures also invite ongoing verification. The State Department runs the Blue Lantern program, a congressionally mandated end-use monitoring system that checks whether foreign recipients are honoring their DSP-83 commitments. Blue Lantern checks operate in 80 to 100 countries each year, and roughly 45 percent are post-shipment verifications conducted after delivery.10U.S. Department of State – DDTC. Blue Lantern Checks Methods include open-source research, host-government consultations, and physical site visits by U.S. embassy Foreign Service officers, who may interview end-user staff and inspect storage and use. An unfavorable outcome can lead to license revocation, denial of future applications, or enforcement referral.

Every registrant involved must retain copies of the DSP-83 and all related documentation for at least five years from the expiration of the license, or from the date of the transaction for exemption-based exports.11eCFR. 22 CFR 122.5 – Maintenance of Records by Registrants Electronic records are acceptable if the system can reproduce legible paper copies and logs changes with a timestamp and user. DDTC, the Diplomatic Security Service, Immigration and Customs Enforcement, and Customs and Border Protection all have inspection authority. DDTC can also prescribe a longer retention period in individual cases, so check your license provisos.

Penalties for Getting It Wrong

ITAR violations carry severe consequences, and they apply both to shipping items without a required DSP-83 and to violating the end-use or non-transfer commitments made on one.

DDTC publishes its consent agreements, and penalties in the tens of millions of dollars for systemic violations are not unusual.14U.S. Department of State. DDTC Compliance Actions – Penalties

If You Discover a Violation

If you find that your organization has violated the DSP-83’s terms or any other ITAR requirement, the Department of State strongly encourages you to self-report through a Voluntary Disclosure under 22 CFR 127.12. DDTC treats a proper disclosure as a significant mitigating factor when setting penalties, and treats the failure to disclose a known violation as an adverse factor.15eCFR. 22 CFR 127.12 – Voluntary Disclosures

The process has two stages. Notify DDTC in writing immediately after discovering the violation, then submit a full written disclosure within 60 calendar days of that initial notification. The full disclosure describes what happened, identifies everyone involved with addresses, and lists the relevant license numbers, Munitions List categories, and corrective measures already taken. An empowered official can request a written extension if 60 days isn’t feasible, but waiting too long without explanation can cost the mitigating benefit. The disclosure only qualifies as voluntary if no federal agency already knew about the same information or opened an investigation.