22 CFR 124.10 - Nontransfer and use assurances.

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§ 124.10 Nontransfer and use assurances.
(a) Types of agreements requiring assurances. With respect to any manufacturing license agreement or technical assistance agreement which relates to significant military equipment or classified defense articles, including classified technical data, a Nontransfer and Use Certificate (Form DSP-83) (see § 123.10 of this subchapter) signed by the applicant and the foreign party must be submitted to the Directorate of Defense Trade Controls. With respect to all agreements involving classified articles, including classified technical data, an authorized representative of the foreign government must sign the DSP-83 (or provide the same assurances in the form of a diplomatic note), unless the Directorate of Defense Trade Controls has granted an exception to this requirement. The Directorate of Defense Trade Controls may require that a DSP-83 be provided in conjunction with an agreement that does not relate to significant military equipment or classified defense articles. The Directorate of Defense Trade Controls may also require with respect to any agreement that an appropriate authority of the foreign party's government also sign the DSP-83 (or provide the same assurances in the form of a diplomatic note).
(b) Timing of submission of assurances. Submission of a Form DSP-83 and/or diplomatic note must occur as follows:
(1) Agreements which have been signed by all parties before being submitted to the Directorate of Defense Trade Controls may only be submitted along with any required DSP-83 and/or diplomatic note.
(2) If an agreement has not been signed by all parties before being submitted, the required DSP-83 and/or diplomatic note must be submitted along with the signed agreement.
Note to paragraph (b):
In no case may a transfer occur before a required DSP-83 and/or diplomatic note has been submitted to the Directorate of Defense Trade Controls.
[59 FR 29951, June 10, 1994, as amended at 71 FR 20543, Apr. 21, 2006]

Title 22 published on 2013-04-01

The following are only the Rules published in the Federal Register after the published date of Title 22.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-05-13; vol. 79 # 92 - Tuesday, May 13, 2014
    1. 79 FR 27180 - Amendment to the International Traffic in Arms Regulations: Revision of U.S. Munitions List Category XV
      GPO FDSys XML | Text
      DEPARTMENT OF STATE
      Interim final rule.
      This rule is effective November 10, 2014, except for § 121.1, Category XV(d), which is effective June 27, 2014. Interested parties may submit comments on paragraphs (a)(7) and (e)(11) of USML Category XV and ITAR § 124.15 by June 27, 2014.
      22 CFR Parts 120, 121, and 124

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Executive Order ... 11958

Title 22 published on 2013-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 22 CFR 124 after this date.

  • 2014-05-13; vol. 79 # 92 - Tuesday, May 13, 2014
    1. 79 FR 27180 - Amendment to the International Traffic in Arms Regulations: Revision of U.S. Munitions List Category XV
      GPO FDSys XML | Text
      DEPARTMENT OF STATE
      Interim final rule.
      This rule is effective November 10, 2014, except for § 121.1, Category XV(d), which is effective June 27, 2014. Interested parties may submit comments on paragraphs (a)(7) and (e)(11) of USML Category XV and ITAR § 124.15 by June 27, 2014.
      22 CFR Parts 120, 121, and 124