22 CFR § 123.10 - Nontransfer and use assurances.

---
identifier: "/us/cfr/t22/s123.10"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "22 CFR § 123.10 - Nontransfer and use assurances."
title_number: 22
title_name: "Foreign Relations"
section_number: "123.10"
section_name: "Nontransfer and use assurances."
chapter_name: "DEPARTMENT OF STATE"
subchapter_number: "M"
subchapter_name: "INTERNATIONAL TRAFFIC IN ARMS REGULATIONS"
part_number: "123"
part_name: "LICENSES FOR THE EXPORT AND TEMPORARY IMPORT OF DEFENSE ARTICLES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Secs. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2797); 22 U.S.C. 2753; 22 U.S.C. 2651a; 22 U.S.C. 2776; Pub. L. 105-261, 112 Stat. 1920; Sec. 1205(a), Pub. L. 107-228; Sec. 520, Pub. L. 112-55; Section 1261, Pub. L. 112-239; E.O. 13637, 78 FR 16129."
regulatory_source: "58 FR 39299, July 22, 1993, unless otherwise noted."
cfr_part: "123"
---


# 123.10 Nontransfer and use assurances.

(a) A nontransfer and use certificate (*i.e.,* Form DSP-83) is required for the export of significant military equipment and classified articles, including classified technical data, pursuant to a license or other authorization, except for the exemptions in §§ 126.5 and 126.7 of this subchapter. A license will not be issued until a completed Form DSP-83 has been received by the Directorate of Defense Trade Controls. This form is to be executed by the foreign consignee, foreign end-user, and the applicant. The certificate stipulates that, except as specifically authorized by prior written approval of the Department of State, the foreign consignee and foreign end-user will not reexport, resell, or otherwise dispose of the significant military equipment enumerated in the application outside the country named as the location of the foreign end-use or to any other person.

(b) The Directorate of Defense Trade Controls may also require a DSP-83 for the export of any other defense articles, including technical data, or defense services.

(c) When a DSP-83 is required for an export of any defense article or defense service to a non-governmental foreign end-user, the Directorate of Defense Trade Controls may require as a condition of issuing the license that the appropriate authority of the government of the country of ultimate destination also execute the certificate.

[71 FR 20541, Apr. 21, 2006, as amended at 89 FR 67290, Aug. 20, 2024]