DDTC Notice on Error in DSP-94 Instructions for FMS Shipments
The Department of Defense Trade Controls has issued notice of an error in the instructions for the DSP-94. DDTC states that Section 126.6 of the ITAR provides an exemption from licensing for FMS (foreign military sale) shipments pursuant to a…
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valid Letter of Offer and Acceptance. Section 126.6(c)(6) provides procedures and criteria for using the DSP-94 and Section 126.6(c)(6)(iii) further elaborates additional requirements for classified exports. The instructions for the DSP-94 under (a) currently limits the DSP-94 to unclassified defense articles which is inconsistent with Section 126.6(c). DDTC intends to modify the instructions but this serves as notice to diplomatic missions and designated freight forwarders that the DSP-94 can be used for classified exports so long as the criteria under Section 126.6(c)(6)(iii) are met. DDTC iterates that when the criteria are met, Section 126.6 procedures and the DSP-94 should be used in lieu of licenses for FMS shipments. (The DSP-94 form is entitled: "Authority to Export Defense Articles Sold Under the Foreign Military Sales Program.”)