22 CFR 123.1 - Requirement for export or temporary import licenses.

Status message

There are 3 Updates appearing in the Federal Register for 22 CFR Part 123. View below or at eCFR (GPOAccess)
prev | next
§ 123.1 Requirement for export or temporary import licenses.
(a) Any person who intends to export or to import temporarily a defense article must obtain the approval of the Directorate of Defense Trade Controls prior to the export or temporary import, unless the export or temporary import qualifies for an exemption under the provisions of this subchapter. Applications for export or temporary import must be made as follows:
(1) Applications for licenses for permanent export must be made on Form DSP-5 (unclassified);
(2) Applications for licenses for temporary export must be made on Form DSP-73 (unclassified);
(3) Applications for licenses for temporary import must be made on Form DSP-61 (unclassified); and
(4) Applications for the export or temporary import of classified defense articles or classified technical data must be made on Form DSP-85.
(b) Applications for Department of State export licenses must be confined to proposed exports of defense articles including technical data.
(c) As a condition to the issuance of a license or other approval, the Directorate of Defense Trade Controls may require all pertinent documentary information regarding the proposed transaction and proper completion of the application form as follows:
(1) Form DSP-5, DSP-61, DSP-73, and DSP-85 applications must have an entry in each block where space is provided for an entry. All requested information must be provided.
(2) Attachments and supporting technical data or brochures should be submitted in seven collated copies. Two copies of any freight forwarder lists must be submitted. If the request is limited to renewal of a previous license or for the export of spare parts, only two sets of any attachment (including freight forwarder lists) and one copy of the previous license should be submitted. In the case of fully electronic submissions, unless otherwise expressly required by the Directorate of Defense Trade Controls, applicants need not provide multiple copies of supporting documentation and attachments, supporting technical data or brochures, and freight forwarder lists.
(3) A certification letter signed by an empowered official must accompany all application submissions (see § 126.13 of this subchapter).
(4) An application for a license under this part for the permanent export of defense articles sold commercially must be accompanied by a copy of a purchase order, letter of intent, or other appropriate documentation. In cases involving the U.S. Foreign Military Sales program, three copies of the relevant Letter of Offer and Acceptance are required, unless the procedures of § 126.4(c) or § 126.6 of this subchapter are followed.
(5) Form DSP-83, duly executed, must accompany all license applications for the permanent export of significant military equipment, including classified hardware or classified technical data (see §§ 123.10 and 125.3 of this subchapter).
(6) A statement concerning the payment of political contributions, fees and commissions must accompany a permanent export application if the export involves defense articles or defense services valued in an amount of $500,000 or more and is being sold commercially to or for the use of the armed forces of a foreign country or international organization (see part 130 of this subchapter).
(d) Provisions for furnishing the type of defense services described in § 120.9(a) of this subchapter are contained in part 124 of this subchapter. Provisions for the export or temporary import of technical data and classified defense articles are contained in part 125 of this subchapter.
(e) A request for a license for the export of unclassified technical data (DSP-5) related to a classified defense article should specify any classified technical data or material that subsequently will be required for export in the event of a sale.
[58 FR 39299, July 22, 1993, as amended at 70 FR 50960, Aug. 29, 2005; 71 FR 20540, Apr. 21, 2006; 77 FR 22670, Apr. 17, 2012]

Title 22 published on 2014-04-01.

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.

  • 2014-11-10; vol. 79 # 217 - Monday, November 10, 2014
    1. 79 FR 66608 - Amendment to the International Traffic in Arms Regulations: Revision of U.S. Munitions List Category XV; Correction
      GPO FDSys XML | Text
      DEPARTMENT OF STATE, 123, 125, and 126, 22 CFR Parts 121
      Final rule, correction.
      This rule is effective November 10, 2014.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
Statutes at Large
Public Laws
Presidential Documents

Executive Order ... 13637

Title 22 published on 2014-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 22 CFR Part 123 after this date.

  • 2015-06-03; vol. 80 # 106 - Wednesday, June 3, 2015
    1. 80 FR 31525 - International Traffic in Arms: Revisions to Definitions of Defense Services, Technical Data, and Public Domain; Definition of Product of Fundamental Research; Electronic Transmission and Storage of Technical Data; and Related Definitions
      GPO FDSys XML | Text
      Proposed rule.
      The Department of State will accept comments on this proposed rule until August 3, 2015.
      22 CFR Parts 120, 123, 125, and 127