Form DSP-94 Authority to Export Defense Articles Sold Under The Fore

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INSTRUCTIONS FOR DSP-94

LEGAL AUTHORITY AND USE OF THIS FORM
a. Pursuant to 22 CFR 126.6(c), Port Directors of U.S. Customs and Border Protection are authorized to permit the export of unclassified defense
articles, and technical data without a license if they were sold by the Department of Defense directly to foreign governments or international
organizations under the Foreign Military Sales (FMS) program of the Arms Export Control Act. This procedure may be used only if a proposed
export is (1) pursuant to an executed Letter of Offer and Acceptance, and (2) accompanied by a properly executed DSP-94 and Shipper's Export
Declaration (Form 7525-V).
b. Only foreign diplomatic missions or their authorized agents or freight forwarders who are registered with the Directorate of Defense Trade
Controls, U. S. Department of State, may export FMS material under this authority.
c. Freight forwarders must for reasons of legal accountability:
(1) Register with the Directorate of Defense Trade Controls pursuant to 22 CFR 122;
(2) Have on file at the Directorate of Defense Controls a letter from the foreign embassy or government appointing them as forwarding agent;
and
(3) Have on file at the Directorate of Defense Controls a statement signed by a responsible representative of the firm, certifying that the articles
shown on all Forms DSP-94 they submit are, from their personal knowledge, in fact the articles by quantity, type, and value to be exported,
and assuming full responsibility for compliance with the International Traffic in Arms Regulations (22 CFR 120-130.)

GENERAL INSTRUCTIONS
a. A separate Form DSP-94 must be completed for each FMS case for which defense articles are to be exported under this authority.
b. Form DSP-94 should be typewritten. All copies must be legible. Complete all items. Sign and date all three copies.
c. Form DSP-94 shall be valid for 2 years from the date on which it is executed (see item 12). If all shipments have not been made during this
validity period, a new Form DSP-94 must be completed and filed with the Port Director of U.S. Customs and Border Protection along with a
copy of the Letter of Offer and Acceptance, and annotated Shipper's Export Declaration. Item 8 must be completed for all FMS cases for which
a DSP-94 has previously been filed with the Port Director of U.S. Customs and Border Protection for shipments under the same FMS case. (If
Item 8 is not applicable, insert "N/A.")
d. Copy 1 of completed Form DSP-94, together with one copy of the corresponding authenticated Letter of Offer and Acceptance, and three
copies of annotated Form No. 7525-V (Shipper's Export Declaration), must be filed with the Port Director of U.S. Customs and Border Protection
at the port of export prior to actual shipment.
e. An authenticated Letter of Offer and Acceptance is one on which:
(1) The offer is signed by an authorized Department of Defense representative and countersigned by the Comptroller, Defense Security
Assistance Agency (DSAA); and
(2) The acceptance is signed by an authorized representative of the foreign government.
Only copies of the signed first page of the Letter of Offer and Acceptance and those pages listing defense articles to be exported need to be provided to U.S.
Customs and Border Protection.
f. Form No. 7525-V (Shipper's Export Declaration) must be annotated by the exporter as follows:
"This shipment is being exported under the authority of U.S. Department of State Form DSP-94. It covers FMS case (case identification),
22 CFR 126.6 applicable."
g. U.S. Customs and Border Protection authorities will authenticate one copy of the Shipper's Export Declaration and forward it to the Directorate
of Defense Trade Controls. Three copies of an annotated Shipper's Export Declaration must be filed with the Port Director of U.S. Customs and
Border Protection for each subsequent shipment. U.S. Customs and Border Protection authorities will enclose the back of Copy 1 of DSP-94 to
show the shipments made. Upon completion of all authorized shipments or upon expiration of the Form DSP-94, whichever occurs first, U.S.
Customs and Border Protection authorities will forward it with the attached Letter of Offer and Acceptance to the Directorate of Defense Trade
Controls.
h. Copy 2 of the completed DSP-94 should be removed by the exporter and sent at the time of the first shipment, together with a copy of the
applicable authenticated Letter of Offer and Acceptance to: PM/DDTC, SA-1, 12th Floor, Directorate of Defense Trade Controls, Bureau of
Political-Military Affairs, U.S. Department of State, Washington, DC 20522-0112.
i. Copy 3 of DSP-94 is for the shipper's files and should be removed before submission. A copy of applicable Letter of Offer and Acceptance
should also be retained by the shipper for reference and record keeping purposes (22 CFR 122.5).
j. A new DSP-94 must be completed and filed with the Port Director of U.S. Customs and Border Protection if the applicable FMS case is amended
to increase either the quantity of defense articles sold or to increase the total value by more than 10 percent. (Note: 22 CFR 123.23
authorized Port Directors of U.S. Customs and Border Protection to permit the shipment of defense articles when the total value of the export
does not exceed the aggregate monetary value stated on a license by more than 10 percent.) Amendments which decrease the quantity or
value of an FMS case do not require a new Form DSP-94.
k. Additional copies of this form may be obtained through the Directorate of Defense Trade Controls' web site, www.pmddtc.state.gov.

DSP-94
07-2008

Instructions Page 1 of 1

U.S. Department of State

AUTHORITY TO EXPORT DEFENSE
ARTICLES SOLD
UNDER THE FOREIGN MILITARY SALES PROGRAM

OMB APPROVAL NO. 1405 0051
EXPIRATION DATE: 09-30-2008
ESTIMATED BURDEN : 30 minutes*

This form, when properly executed and accompanied by an authenticated Letter of Offer and Acceptance, constitutes authority under 22 CFR
126.6 to export the defense articles listed thereon. This form may be used in lieu of a U.S. Department of State export license to export
defense articles sold by the Department of Defense under the Foreign Military Sales (FMS) program. This export authority is valid for 2 years
from the date shown in item 12 below.
The U.S. Department of State may, without prior notice to the exporter, deny, revoke, suspend, or amend this authority consistent with 22 CFR
126.7.
Willful violation of the International Traffic in Arms Regulations (ITAR; 22 CFR 120-130), making an untrue statement of a material fact, or
omission of a material fact required to be stated on this form are subject to prosecution and, upon conviction, fines up to $1,000,000 or up to
10 years imprisonment, or both. (Section 38(c), Arms Export Control Act; 22 CFR 127.3.)
1. PM/DDTC Applicant Code

2. Country of Ultimate
Destination/Purchaser

3. Port of Exit from U.S.

4. Applicant (Name, Address, ZIP Code,
Telephone Number)

5. Foreign Military Sales Case
dentifier

6. Date (mm-dd-yyyy) of FMS Case
Implementation

7. Total Value of Defense Articles of Original FMS Case

8. Only the unshipped balance, valued at

, of this

FMS case is covered by this DSP-94. Previous shipments of this FMS case were
and/or U.S. Department of

covered by a Form DSP-94 dated
State license number

9. Form DSP-94 constitutes an amendment to the value and/or quantity of defense articles authorized under this FMS case as shown
in the attached-amended Letter of Offer and Acceptance
Yes
No
10. If exporter is a freight forwarder acting on behalf of a foreign government or diplomatic mission, provide the name, address, and
telephone number of the foreign official in the U.S. familiar with the FMS case.

11. U.S. Munitions List Categories (see 22 CFR 121.1) . Please check the appropriate categories to indicate the types of defense
articles included on this FMS case:
I.

VI.

XI.

XVI.

II.

VII.

XII.

XVII.

III.

VIII.

XIII.

XVIII.

IV.

IX.

XIV.

XIX.

V.

X.

XV.

XX.

XXI.

12. Exporter's Statement
I,
, hereby exercise the authority to effect the export
described above; warrant the truth of all statements made herein; and acknowledge, understand, and will comply with the provisions of
22 CFR 120-130 and any conditions and limitations imposed.
Date (mm-dd-yyyy)

Signature
(Authority valid for 24 months from above date)

1 - AUTHORITY TO EXPORT
DSP-94
07-2008

*Public reporting burden for this collection is estimated to average 30 minutes per response, including time required for searching
existing data sources, gathering the necessary data, providing the information required, and reviewing the final collection. Send
comments on the accuracy of this estimate of the burden and recommendations for reducing it to: U.S. Department of State
(A/ISS/DIR) Washington, DC 20520.

Page 1 of 4

U.S. Department of State

AUTHORITY TO EXPORT DEFENSE
ARTICLES SOLD
UNDER THE FOREIGN MILITARY SALES PROGRAM

OMB APPROVAL NO. 1405 0051
EXPIRATION DATE: 09-30-2008
ESTIMATED BURDEN : 30 minutes*

This form, when properly executed and accompanied by an authenticated Letter of Offer and Acceptance, constitutes authority under 22 CFR
126.6 to export the defense articles listed thereon. This form may be used in lieu of a U.S. Department of State export license to export
defense articles sold by the Department of Defense under the Foreign Military Sales (FMS) program. This export authority is valid for 2 years
from the date shown in item 12 below.
The U.S. Department of State may, without prior notice to the exporter, deny, revoke, suspend, or amend this authority consistent with 22 CFR
126.7.
Willful violation of the International Traffic in Arms Regulations (ITAR; 22 CFR 120-130), making an untrue statement of a material fact, or
omission of a material fact required to be stated on this form are subject to prosecution and, upon conviction, fines up to $1,000,000 or up to
10 years imprisonment, or both. (Section 38(c), Arms Export Control Act; 22 CFR 127.3.)
1. PM/DDTC Applicant Code

2. Country of Ultimate
Destination/Purchaser

3. Port of Exit from U.S.

4. Applicant (Name, Address, ZIP Code,
Telephone Number)

5. Foreign Military Sales Case
identifier

6. Date (mm-dd-yyyy) of FMS Case
Implementation

7. Total Value of Defense Articles of Original FMS Case

8. Only the unshipped balance, valued at

, of this

FMS case is covered by this DSP-94. Previous shipments of this FMS case were
and/or U.S. Department of

covered by a Form DSP-94 dated
State license number

9. Form DSP-94 constitutes an amendment to the value and/or quantity of defense articles authorized under this FMS case as shown
in the attached-amended Letter of Offer and Acceptance
Yes
No
10. If exporter is a freight forwarder acting on behalf of a foreign government or diplomatic mission, provide the name, address, and
telephone number of the foreign official in the U.S. familiar with the FMS case.

11. U.S. Munitions List Categories (see 22 CFR 121.1) . Please check the appropriate categories to indicate the types of defense
articles included on this FMS case:
I.

VI.

XI.

XVI.

II.

VII.

XII.

XVII.

III.

VIII.

XIII.

XVIII.

IV.

IX.

XIV.

XIX.

V.

X.

XV.

XX.

XXI.

12. Exporter's Statement
I,
, hereby exercise the authority to effect the export
described above; warrant the truth of all statements made herein; and acknowledge, understand, and will comply with the provisions of
22 CFR 120-130 and any conditions and limitations imposed.
Date (mm-dd-yyyy)

Signature
(Authority valid for 24 months from above date)

DSP-94

2 - PM/DDTC FILE

Page 2 of 4

U.S. Department of State

AUTHORITY TO EXPORT DEFENSE
ARTICLES SOLD
UNDER THE FOREIGN MILITARY SALES PROGRAM

OMB APPROVAL NO. 1405 0051
EXPIRATION DATE: 09-30-2008
ESTIMATED BURDEN : 30 minutes*

This form, when properly executed and accompanied by an authenticated Letter of Offer and Acceptance, constitutes authority under 22 CFR
126.6 to export the defense articles listed thereon. This form may be used in lieu of a U.S. Department of State export license to export
defense articles sold by the Department of Defense under the Foreign Military Sales (FMS) program. This export authority is valid for 2 years
from the date shown in item 12 below.
The U.S. Department of State may, without prior notice to the exporter, deny, revoke, suspend, or amend this authority consistent with 22 CFR
126.7.
Willful violation of the International Traffic in Arms Regulations (ITAR; 22 CFR 120-130), making an untrue statement of a material fact, or
omission of a material fact required to be stated on this form are subject to prosecution and, upon conviction, fines up to $1,000,000 or up to
10 years imprisonment, or both. (Section 38(c), Arms Export Control Act; 22 CFR 127.3.)
1. PM/DDTC Applicant Code

2. Country of Ultimate
Destination/Purchaser

3. Port of Exit from U.S.

4. Applicant (Name, Address, ZIP Code,
Telephone Number)

5. Foreign Military Sales Case
Identifier

6. Date (mm-dd-yyyy) of FMS Case
Implementation

7. Total Value of Defense Articles of Original FMS Case

8. Only the unshipped balance, valued at

, of this

FMS case is covered by this DSP-94. Previous shipments of this FMS case were
and/or U.S. Department of

covered by a Form DSP-94 dated
State license number

9. Form DSP-94 constitutes an amendment to the value and/or quantity of defense articles authorized under this FMS case as shown
in the attached-amended Letter of Offer and Acceptance
Yes
No
10. If exporter is a freight forwarder acting on behalf of a foreign government or diplomatic mission, provide the name, address, and
telephone number of the foreign official in the U.S. familiar with the FMS case.

11. U.S. Munitions List Categories (see 22 CFR 121.1) . Please check the appropriate categories to indicate the types of defense
articles included on this FMS case:
I.

VI.

XI.

XVI.

II.

VII.

XII.

XVII.

III.

VIII.

XIII.

XVIII.

IV.

IX.

XIV.

XIX.

V.

X.

XV.

XX.

XXI.

12. Exporter's Statement
I,
, hereby exercise the authority to effect the export
described above; warrant the truth of all statements made herein; and acknowledge, understand, and will comply with the provisions of
22 CFR 120-130 and any conditions and limitations imposed.
Signature

Date (mm-dd-yyyy)
(Authority valid for 24 months from above date)

DSP-94

3 - SHIPPER FILE

Page 3 of 4

CONDITIONS OF USE
1. This authority to export defense articles/services on the U.S. Munitions List is subject to the conditions cited in 22 CFR 120 - 130.
2. Use of this authority does not release the exporter from complying with other requirements of U.S. law and regulations.
3. The prior written approval of the U.S. Department of State must be obtained before title or possession of the defense articles exported from the
U.S. under this authority may be transferred to anyone not an officer, employee, or agent of the purchaser, or for any use of such articles other
than those specified in Letter of Offer and Acceptance.

RETURNING FORM DSP-94
This form must be returned to PM/DDTC, SA-1, 12 Floor, Directorate of Defense Trade Controls, Bureau of Political-Military Affairs, U. S. Department
of State, Washington, DC 20522-0112, when: (1) the total value of the FMS case is reached; (2) after 2 years; or (3) when requested by the
Directorate of Defense Trade Controls.

CUSTOMS ENDORSEMENT
Indicate below which ITEM listed on the applicable Letter of Offer and Acceptance is BEING EXPORTED and maintain a CONTINUING BALANCE of the
remaining value:
QUANTITY

COMMODITY

DATE
(mm-dd-yyyy)

SHIPMENT VALUE

SED NO.

OFFICER'S
INITIALS

PORT OF EXIT
NAME

TOTAL AUTHORIZED:

$
$
$
$
$
REMAINING BALANCE:

$
$
$
$
$
REMAINING BALANCE:

$
$
$
$
$
REMAINING BALANCE:
DSP-94

Page 4 of 4