Application/License for Permanent Export of Unclassified Defense Articles and Related Unclassified Technical Data

APPENDIX A
DSP-5 Instructions Summary of Changes
Note: Underlined text represents newly added or edited verbiage. Italicized text represents
existing application sections or verbiage.
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Block
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Block Title

1

1

Application for Permanent Export
of Unclassified Defense Articles,
Related Technical Data, and
Defense Services

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2

3

Country of Ultimate Destination

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3

5

Applicant

•

Change

•

4

8

Description of Transaction

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5

8A

Description of Transaction

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A. This application represents

Edited instruction verbiage under Transaction
Number to: Classified information must be
sent separately to PM/DDTC in accordance
with Defense Security Service Defense
Counterintelligence and Security Agency
(DCSA) guidelines. For issues that may
pertain to classified information, contact the
DDTC Response Team.
Added definition of Country of Ultimate
Destination: This is the country where the
commodities will ultimately be used or reside.
Added Freight Forwarder option under
Applicant Is.
Added clarifying instruction verbiage under
Subsidiary checkbox:
Select if the applicant/requester is a
subsidiary of the PM/DDTC registered
company to which the PM/DDTC registration
code belongs. Note that the subsidiary must
be listed on the registered company’s DDTC
registration in order to apply for the license.
Added the following instruction verbiage
under Description of Transaction to
harmonize it with DSP-61:
Provide any related license numbers that
apply to the sections below. When a previous
license or agreement (Approved, Disapproved
or RWAed) is identified, please provide a
copy of the license/application/relevant pages
of agreement including any proviso letters
issued with your application. An electronic
copy of the previous license, agreement or
case can be attached to the "Precedent
(identical/similar) Cases" document type.
Edited instruction verbiage for clarity:
Select whether this transaction is a completely
new shipment or the unshipped balance under
a previously issued license that has expired or
is about to expire, or a replacement license

6

8B

Description of Transaction

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B. This application has related
license #

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and not all the articles on the license have
been shipped.
Removed instruction verbiage to harmonize it
with DSP-61:
Select this check box if the application has
related licenses/cases. Information on
previous approvals, denials and RWAs will
provide substantial and necessary history to
ensure adequate and timely processing of
your request.
Added instruction verbiage to newly added
line Was never licensed for this applicant to
harmonize it with DSP-61 and DSP-73:

Select if a license for this applicant has
never been approved, approved with
proviso(s) or denied for the defense
article(s).

7

8C

Description of Transaction

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C. This application is in reference
to agreement #
8

8D

Description of Transaction
D. If the commodity is being
financed under

9

9-13

Commodities

Removed instruction verbiage to harmonize it
with DSP-61:
Select if this application is in reference to (an)
agreement(s).

Added instruction verbiage under the
following three newly added radio buttons:
• International Military Education and
Training
Enter the applicable International Military
Education and Training case number. To
enter additional case numbers, click the
'Add Case Number(s)' button.
• U.S. Government Loan
Enter the applicable U.S. Government
Loan case number. To enter additional
case numbers, click the 'Add Case
Number(s)' button.
• U.S. Government Guarantee
Enter the applicable U.S. Government
Guarantee case number. To enter
additional case numbers, click the 'Add
Case Number(s)' button.
• Edited instruction verbiage under Commodity
for clarity:
Provide a complete description to include
model number, part number, military
designation, etc. If the commodities are
components or spare parts, identify the major
end-item with which they are associated.
When possible, indicate whether the
commodity is new or used, and whether it is
•

U.S. government surplus. If the commodity is
technical data or defense services, include/list
the USML hardware categories and
subcategories that are related to the technical
data and/or defense services.
• Added instruction verbiage under newly
added Item is MDE radio button:
Check the box if the commodity is Major
Defense Equipment (MDE).
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11 15

Foreign End-User

Manufacturer of Commodity

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Edited instruction verbiage under Foreign
End-User for clarity:
At least one foreign end-user must be
provided. If there are multiple countries of
ultimate destinations (Block 3) there must be
at least one foreign end-user for each country
listed. However, if this request includes the
export of hardware, only one end-user may be
entered. To enter one or more foreign endusers, click the 'Add Entry' button.

•

Added new verbiage under Name for clarity:
The end-user is the entity that will take final
possession of the commodity, regardless of
foreign purchaser(s) and foreign intermediate
consignee(s).
Enter the full legal name of the foreign enduser. Do not include “subsidiary of”
statements, partial address or location
clarifiers, or go-by names in the Name field,
unless those are part of the legal name. The
end-user is the entity that will take final
possession of the commodity, regardless of
foreign purchaser(s) and foreign intermediate
consignee(s). Note that foreign government
entities must be identified, at a minimum, to
the ministry-level equivalent (e.g., “Ministry
of Defense of Lilliput”). Applications that
only state “Government of (Country)” may be
returned without action.

•

Added instruction verbiage under the newly
added line End-User Type:
Select one of the following for entity type.

•

Added instruction verbiage under Name for
clarity:
Enter the full legal name of the manufacturer
of commodity. Do not include “subsidiary of”

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Foreign Consignee

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13 17

Source of Commodity

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14 18

Foreign Intermediate Consignee

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statements, partial address or location
clarifiers, or go-by names in the Name field,
unless those are part of the legal name.
Added instruction verbiage under Name for
clarity:
Enter the name of the foreign purchaser who
will receive the shipment for storage,
modification or for incorporation into another
end-item, and for subsequent forwarding to
the foreign end-user.
Enter the full legal name of the foreign
purchaser who will receive the shipment for
storage, modification or for incorporation
into another end-item, and for subsequent
forwarding to the foreign end-user. Do not
include “subsidiary of” statements, partial
address or location clarifiers, or go-by names
in the Name field, unless those are part of the
legal name. The foreign consignee may be in
a country other than the foreign end-user.
Note that foreign government entities must be
identified, at a minimum, to the ministry-level
equivalent (e.g., “Ministry of Defense of
Lilliput”). Applications that only state
“Government of (Country)” may be returned
without action.
Added instruction verbiage under Name for
clarity:
Enter the full legal name of the source of
commodity. Do not include “subsidiary of”
statements, partial address or location
clarifiers, or go-by names in the Name field,
unless those are part of the legal name.
Edited instruction verbiage under Name for
clarity:
A foreign intermediate consignee is an entity
who will receive the goods for onward
movement to the foreign consignee or foreign
end-user without actually taking title to the
goods. This includes foreign freight
forwarders, customs brokers, agents or
representatives, and brokers as defined in 22
CFR 129(a). A foreign intermediate consignee
may be an agency or entity in a country other
than the country of ultimate destination., such
as a forwarder or broker who will be moving
the commodity(ies) through that country en
route to the destination country without
actually taking title to the goods.

International carriers need not be included.
Do not include banks or common carriers
unless there is a bill of lading involved that
specified 'To Order of (the bank or carrier).'
Note that foreign government entities must be
identified, at a minimum, to the ministry-level
equivalent (e.g., “Ministry of Defense of
Lilliput”). Applications that only state
“Government of (Country)” may be returned
without action.
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16 20

U.S. Seller

Specific Purpose

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Edited instruction verbiage for clarity:
At least one U.S. seller must be provided.
More than one U.S. seller can be listed. To
enter one or more U.S. sellers, click the "Add
Entry" button. Enter the U.S. seller. Note that
in most cases the applicant will be the U.S.
seller and only one U.S. seller may be
provided. To enter a U.S. seller other than the
applicant, click the “Add Entry” button.

•

Added instruction verbiage under Name:
Enter the full legal name of the U.S. seller.
Do not include “subsidiary of” statements,
partial address or location clarifiers, or go-by
names in the Name field, unless those are
part of the legal name.

•

Edited instruction verbiage under Details for
clarity:
State the specific purpose for which the
material is required. Provide a complete
account of the specific purpose of the
requested export. Simply stating, "For use in
production of military aircraft" or "for
resale" is inadequate. In order to provide
rationale for the review and final U.S.
Government determination, the specific
details in this block should provide rationale
for review and final determination describe
the intended uses, end-users, and end-use
platforms of the commodities involved in the
transaction. If applicable, list the RWA
license number.

• Instruction verbiage was added under the
newly added End-Use System/Platform field:
List the systems and/or platforms for which
the commodity will be used on, in, or with (as
described in the Details section of this block).

All intended end-use systems and/or platforms
must be identified. If the commodity is a
system, identify the end-use platforms. If the
commodity is a component or part, then
identify both the end-use system and platform.
For example, if the commodity is a
component/part going into a remote weapons
system (RWS) which will in turn be installed
on an armored vehicle, then both the RWS
and the vehicle must be listed. If a commodity
itself is the end-use platform (e.g., a night
vision goggle), then list the commodity.
17 21

U.S. Consignor/Freight Forwarder

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Added instruction verbiage under Name:
Enter the full legal name of the U.S. seller. Do
not include “subsidiary of” statements, partial
address or location clarifiers, or go-by names
in the Name field, unless those are part of the
legal name.