# Directorate of Defense Trade Controls {#directorate-of-defense-trade-controls .unnumbered}

# Office of Defense Trade Controls Licensing {#office-of-defense-trade-controls-licensing .unnumbered}

# ![](media/image1.wmf){width="3.5in" height="3.5in"} {#section .unnumbered}

# Aircraft and Associated Equipment  {#aircraft-and-associated-equipment .unnumbered}

# Licensing Guidance {#licensing-guidance .unnumbered}

Current as of 02/05/2009

# General Information

## Authorization

## General Requirements

# Definitions

## Purchase Documentation

## End-Use/End-User Statement

## Letters of Intent

## Supplementary Explanation of Transaction

## Technical Data in Support of a License

## Defense Services

## Offshore Procurement

## In Furtherance of an Agreement

# Permanent Export of Aircraft and Associated Equipment

## Required Documentation

## Completing the DSP-5

# Temporary Export of Aircraft and Associated Equipment

## Required Documentation

## Completing the DSP-73

# Temporary Import of Aircraft and Associated Equipment

## Required Documentation

## Completing the DSP-61

# USML Article(s) Relating to Civil Platform(s) 

## Determining Department of State Jurisdiction

## End-User Scenarios

# USML Article(s) on Military Platform(s) for Civil End-User(s)

##  {#section-1 .unnumbered}

# DTCL "Program Status"

## Program Status Explanation

### Airbus A400M Military Transport Aircraft

### Eurofighter Typhoon

### Panavia Tornado

### JAS 39 Gripen

### NH-90 Helicopter

### EH-101/AW-101 Helicopter

### C-27J Spartan

# General Information:

## Directorate of Defense Trade Controls: Section 38 of the Armed Export Control Act (22 U.S.C. 2778) authorizes the President to control the export and import of defense articles and defense services. By virtue of delegations of authority, the regulations relevant to the control of the export and import of defense articles are primarily administered by the Principal Deputy Assistant Secretary, Bureau of Political-Military Affairs, Department of State. These guidelines are supplemental to the guidance contained in the International Traffic in Arms Regulations (ITAR) for Aircraft and Associated Equipment (USML Category VIII), and if followed will assist in the prompt review and issuance of your license request. Failure to comply with the guidelines may result in your application being returned without action or may result in a significant delay in processing your request. In addition, you are strongly encouraged to use the License Review Checklists provided at [***www.pmddtc.state.gov/licensing/guidelines_instructions.html***](http://www.pmddtc.state.gov/licensing/guidelines_instructions.html) and the Agreement Guidelines provided at [***www.pmddtc.state.gov/licensing/agreements.html***](http://www.pmddtc.state.gov/licensing/guidelines_instructions.html) when submitting applications.

## General Requirements: All license types have 5 major information requirements. Such requirements must be on documentation from the foreign party, identifying: (i) the commodity(ies); (ii) the quantity; (iii) the value (unit and total); (iv) end-use (aircraft); and (v) end-user. Note: If parts will be incorporated into a component of an aircraft, the aircraft type (e.g., C-130, F-15, etc.) must be identified on the license and in the supporting documentation. The end-user identified must be the ultimate end-user of the aircraft identified. The ultimate end-user of the majority of licenses for category VIII defense articles, are for end-use by a foreign government. There are few exceptions for a non-governmental end-user or for not identifying the ultimate aircraft platform. Any situation not meeting the requirements above will require additional supporting documentation. 

# Definitions:

## Purchase Documentation -- Purchasing documentation identifying the buyer, seller, commodities, quantity, and value. This documentation may or may not include ultimate end-user or end-use platforms. All purchase orders, contracts, or letters of intent must come from the foreign party; and all submitted pro forma invoices must be accompanied by a letter of acceptance from the foreign party. Applicants may not submit a purchase order previously approved by DDTC, which has been fully exhausted. If the purchase order has not been fully exhausted, and an applicant seeks to receive authorization for only a portion of the submitted order, an explanation must be provided. Further, any quantities of any commodity identified in the purchase order and not listed on the application must also be explained. 

## End-Use/End-User Statement - If the purchasing documentation does not identify the end-use and/or end-user of the defense articles, this information must be submitted separately. Do not hand-write the end-use/user information in the margin of a printed purchase order. The information must be from the foreign party: handwritten portions of supporting documentation are difficult to validate. This supplemental end-use/user statement may be on the foreign party stationery; if a form is faxed or handwritten it must be easily identifiable as being completed by the foreign party that issued the purchasing documentation.

## Letters of Intent -- The only transactions permitted to use a letter of intent are those for which a foreign government is the ultimate end-user. Non-governmental end-users may NOT submit letters of intent; they must submit firm purchase orders. 22 CFR 123.1(c)(4), and 22 USC 2778(a)(2) authorizes DDTC to request additional information. As such, for a transaction in which a letter of intent is submitted, and is not from the foreign government, to the U.S. seller, the following is required to receive approval: (i) A letter of intent from the foreign government, to the foreign (intermediate) consignee; (ii) A letter of intent from the foreign (intermediate) consignee, to the U.S. seller. Note, the intent of these requirements are for entities to physically evidence their link in the chain of custody; (iii) Each letter of intent must identify the aircraft (platform); (iv) the defense articles must be identified in detail (e.g. "springs and pistons for cargo door of C-130"). While an itemized list of parts is not required, requesting a letter of intent merely stating, "parts for C-130" is not acceptable. License approval may be granted for a value not to exceed \$1,000,000. For exports beyond this value, a new application may be submitted, once the precedent (i.e., SAME end-user and end-use) approval nears exhaustion. Upon submission, the applicant must submit the precedent, and present all relative purchase orders showing exhaustion.

## Supplementary Explanation of Transaction --This is additional documentation normally addressed to DDTC from the applicant on their stationery. A supplementary explanation is not required but is highly recommended for all transactions, especially for complex licenses. This letter does not alleviate any requirements and may contain any information the applicant believes will assist the analyst in understanding certain aspects of an application -- e.g., CCL commodities included on purchase order with ITAR controlled commodities, higher quantity of commodities on purchase order than on the license, elaborate on the involvement of a particular party, or justifying the need for an ITAR article for a civil platform, etc.

## Technical Data in Support of a License -- Please see § 120.10 for a definition of Technical Data. Applications must allow for a meaningful and comprehensive review, all submissions must include a sufficient description of the proposed articles under the license request; e.g., drawings, brochures, reports, potential talking points (for marketing), etc. 

## Defense Services - A license for the export of a defense service as defined in § 120.9, is only authorized under exceptional circumstances. Generally defense services are authorized through an agreement. 

## Offshore Procurement -- See § 124.13 for a complete explanation of offshore procurement. Any technical data exported for offshore procurement must not include design methodology, engineering analysis, detailed processing information, or manufacturing know how.

## In Furtherance of An Agreement -- See the Guidelines for Preparing Agreements ([***www.pmddtc.state.gov/licensing/agreements.html***](http://www.pmddtc.state.gov/licensing/guidelines_instructions.html)) § 15.1 for detailed information on licenses in furtherance of agreements. Ensure all documents required by § 15.1 are submitted with the license application.

# Permanent Export of Aircraft and Associated Equipment:

## Required Documentation: 

### A DSP-5 export license is required for the permanent export of aircraft and associated equipment. Instructions for completion of the application are provided at [**http://pmddtc.state.gov/docs/d-trade/D-TradeDSP-5_Instructions.pdf**](http://pmddtc.state.gov/docs/d-trade/D-TradeDSP-5_Instructions.pdf) . Firm purchasing documentation must accompany the license; if this documentation does not include the end-use aircraft and/or the end-user country a separate end- use/end-user statement is required.

### Per § 123.1 (c) (5) a fully executed DSP-83, non-transfer and use certificate, is required for any license request that includes Significant Military Equipment (SME). Per § 123.10 (b) a DSP-83 may be required for the export of any other defense articles, including technical data, or defense services. The DSP-83 does not substitute for purchasing documentation. The DSP-83 must be completed by all required parties, including the applicant. Ensure the defense articles are in compliance with the amendment to USML Category VIII. Certain engine parts for \"Hot Sections\" that were VIII (h) are now VIII (b) and require separate licensing as they are SME. Please review the Federal Register August 14, 2008 Volume 73 Number 158 pages 47523-47526, which identifies the Amendment to USML Category VIII items.

###  {#section-2 .unnumbered}

## Completing the DSP-5:

### All applicants registered with DDTC must submit the DSP-5 electronically through D-Trade. Instructions provided here are supplemental to the DSP-5 instructions. Failure to comply with the instructions provided below may result in the application being returned without action or may result in a significant delay in processing your request. Please note the following requirements:

#### Block 2: The parent company registration code must be identified if the license is being applied for by a subsidiary.

#### Block 5: The parent company information must be entered first. A separate entry must be made for a subsidiary. Do not use the "DBA" abbreviation. Enter the address exactly as it is recorded in the DDTC registration database; failure to do so may result in rejection from the D-Trade system. Do not use post office boxes as the only address; a physical street address must be entered. 

#### Block 7: If the individual identified in block 5 is an empowered official who is not familiar with the details of the license, ensure there is an authorized person entered into block 7 who can answer any questions DDTC may have regarding the license application. 

#### Block 8: Ensure precedent cases are truly relevant to the current application; e.g., identical commodity to the same country, identical commodity to related country (NATO member, Coalition partner). Licenses that are a resubmission of an RWA must reference the RWA license number in block 8b. Failure to reference a precedent RWA could result in further RWAs as this is a violation of § 127.2. 

#### Block 9: Correctly identify the unit type; e.g., piece, lot, foot, pounds, etc.

#### Block 10: Include a non-abbreviated description of the commodity, part number, and nomenclature. If the part is a component of a subsystem identify that subsystem. The aircraft platform must be identified if there are multiple aircraft platforms on the application. Correctly identify the commodity as hardware or technical data.

#### Block 11: Correctly identify the section of category VIII. Not doing so will severely impact the processing time of your license due to the staffing requirements of certain sections of category VIII. 

#### Block 12: The value must be consistent with what is shown on the purchasing documentation from the foreign buyer to the U.S. seller. Do not include seller mandated licensing fees or service charges on the DSP 5. 

#### Block 14: The ultimate end-user of the aircraft platform must be identified. Do not use post office boxes; you must enter a physical street address. If the address is a foreign government, a headquarters is acceptable; do not solely enter a country MoD followed by the capital city; a street address is still required. For situations where it is difficult to get a street address, the applicant must enter some kind of descriptive address. For situations where a non-government entity is the end-user there must be additional explanatory documentation and/or circumstances.

#### Block 16: All foreign parties involved in more than freight forwarding must be identified in block 16. Do not use post office boxes.

#### Block 18: All foreign parties involved in freight forwarding or in a financial capacity must be identified. Do not use post office boxes. Financial institutions are not allowed unless they take title of the defense articles. 

#### Block 19: This is the same information as the applicant. There are very few exceptions when the seller of aircraft defense articles is not the applicant identified in block 5.

#### Block 20: The description must be of the item and identify the component or subsystem and the aircraft platform they will be incorporated into. If there are multiple aircraft platforms ensure that adequate explanation is given. "Parts for the C-130" is not acceptable as a specific purpose. Within block 20, do not reference attachments to the license or "see supporting documentations," as the supporting documentation is not part of the issued license. Referencing supporting documents may cause delays with U.S. Customs and Border Protection when the license is lodged and export shipments are being decremented.

#### Block 22: Check the correct section of both the § 126.13 certification and § 130 compliance. For § 130 certifications, the first check box is the correct selection for license application values of \$499,999 or less. If the license is for \$500,000 or more and there were no contributions, fees, or commissions then the second option is correct. If there are contributions, fees, or commissions refer to the correct section of the ITAR and select the appropriate option, and ensure you supply the appropriate documentation per § 130.10. 

# Temporary Export of Aircraft and Associated Equipment

## Required Documentation:

###  A DSP-73 export license is required for the temporary export of Aircraft and Associated equipment. Instructions for completion of the application are provided at [**http://pmddtc.state.gov/docs/d-trade/D-TradeDSP-73_Instructions.pdf**](http://pmddtc.state.gov/docs/d-trade/D-TradeDSP-73_Instructions.pdf) . A DSP-73 is the correct type of license only if (1) the article will be exported for a period of less than four years and will be returned to the U.S. and (2) transfer of title will not occur during the period of temporary export. Applicants must submit a DSP-73 to seek authorization to temporarily export aircraft and associated equipment unless an exemption applies. Applications must be submitted for one end-use or purpose, such as demonstration or public trade shows. Do not combine a marketing request and a trade show on the same license. 

### Since the DSP-73 is for the temporary export of defense articles already in the U.S., it is often at the initiation of the applicant and there is usually no documentation from a foreign party. A DSP-73 must be supported by a transmittal letter from the applicant explaining the need for the temporary export and describing the roles of each party to the license. A transmittal letter is still required even if the information is contained in the body of the license as this helps reduce the time of review. 

## Completing the DSP-73:

### All applicants registered with DDTC must submit the DSP-73 electronically through D-Trade. Instructions provided here are supplemental to the DSP-73 instructions. Failure to comply with the instructions provided below may result in the application being returned without action or may result in a significant delay in processing your request. Please note the following requirements:

#### All guidelines pertaining to the DSP-5 are applicable to the related blocks on the DSP-73; except as noted in the following.

#### Block 11a: The replacement/renewal license must be received before the expiration of the precedent DSP-73. DDTC requires 60 days in advance to ensure sufficient review time. All information on a renewal license must be exactly the same as the precedent license. Any variations beyond reasonable administrative changes constitute a new DSP-73 and will not be viewed as a replacement license. 

# Temporary Import of Aircraft and Associated Equipment:

## Required Documentation:

### A DSP-61 temporary import license is required for the temporary import and subsequent export of aircraft and associated equipment. Instructions for completion of the application are provided at [**http://pmddtc.state.gov/docs/d-trade/D-TradeDSP-61_Instructions.pdf**](http://pmddtc.state.gov/docs/d-trade/D-TradeDSP-61_Instructions.pdf) .

### For transactions relating to the temporary import of foreign-manufactured defense articles for trade shows and demonstrations, the license application must be supported by documentation from the U.S. entity responsible for the defense articles while in the U.S. and/or trade show registration documentation from the foreign party. For transactions relating to demonstration, the license application must also be supported by documentation from the U.S. party requesting the demonstration.

### For licenses relating to military exercises at U.S. bases/ranges, the application should be supported by documentation from the foreign government identifying the participation of the foreign country in the military exercise, or documentation from the U.S. Government requesting the foreign origin defense articles. The license application must clearly identify the defense articles to be imported and must specifically identify the name of the military exercise. There are no "blanket approvals" covering multiple exercises. These license types should only be submitted by an Embassy on behalf of their military or on exceptional basis.

### For transshipment licenses, the documentation should represent the transaction between the two foreign entities (Blocks 16 and 24) and should include the same information a DSP-5 requires. The license applicant and the U.S. entity identified in Block 21 should only be acting as a freight forwarder. They should not be procuring or selling products between the two foreign entities. This activity would require the permanent import of defense articles from the foreign entity in Block 16 and a DSP-5 for the export to the foreign entity in Block 24.

### For overhaul/repair and modification/upgrade transactions, the application should be supported by a request from the foreign owner of the defense articles for the requested transaction. Modification/upgrade includes the integration of U.S. origin defense articles into a foreign platform or integration of foreign origin defense articles into a U.S. platform.

### For licenses involving the transshipment of U.S. origin defense articles, the application must be supported by an approved General Correspondence (GC) for retransfer of the defense articles to the new end-user. If the requested defense articles are SME, the required DSP-83 should have been submitted with the GC request. A copy of the GC approval letter and the DSP-83 should be submitted with the license application.

## Completing the DSP-61:

### All applicants registered with DDTC must submit the DSP-61 electronically through D-Trade. Instructions provided here are supplemental to the DSP-61 instructions. Failure to comply with the instructions provided below may result in the application being returned without action or may result in a significant delay in processing your request. Any variations beyond reasonable administrative changes constitute a new DSP-61. Please note the following requirements:

#### All guidelines pertaining to the DSP-5 are applicable to the related blocks on the DSP-61; except as noted in the following.

#### Block 23a: Provide details on any selection in this block. Ensure proper supporting documentation will explain the specific purpose.

#### Block 23b: Select transshipment only if the defense articles are transiting U.S. territory or airspace, and will be for end-use by a third party. 

####   {#section-3 .unnumbered}

# USML Article(s) Relating to Civil Platform(s) 

## It is not uncommon for applicants to question whether a Department of State ("DDTC") authorization is needed for the export of parts and components, when such commodities are fitted to aircraft originally designed for civil purposes (e.g., Bell 412, Cessna). A two step test may be used to determine whether or not such commodity(ies) are in need of DDTC authorization.  {#it-is-not-uncommon-for-applicants-to-question-whether-a-department-of-state-ddtc-authorization-is-needed-for-the-export-of-parts-and-components-when-such-commodities-are-fitted-to-aircraft-originally-designed-for-civil-purposes-e.g.-bell-412-cessna.-a-two-step-test-may-be-used-to-determine-whether-or-not-such-commodityies-are-in-need-of-ddtc-authorization. .unnumbered}

## Determining Department of State Jurisdiction

### STEP 1: Is the commodity itself USML? In other words, does the commodity fall under the parameters of §120.3 (more specifically for aircraft, §121.1 Cat. VIII(h), (e))? If the answer is no, Department of State export authorization is not required. Thus for example, if a fire extinguisher was not specifically designed or modified for military purposes, a license request through the Directorate of Defense Trade Controls is unwarranted.  {#step-1-is-the-commodity-itself-usml-in-other-words-does-the-commodity-fall-under-the-parameters-of-120.3-more-specifically-for-aircraft-121.1-cat.-viiih-e-if-the-answer-is-no-department-of-state-export-authorization-is-not-required.-thus-for-example-if-a-fire-extinguisher-was-not-specifically-designed-or-modified-for-military-purposes-a-license-request-through-the-directorate-of-defense-trade-controls-is-unwarranted. .unnumbered}

### STEP 2: Platforms falling under §121.1 Cat. VIII(a),(f) are controlled by the Department of State. However, for aircraft such as the Bell 412, if kept in its original non-modified form, would not be controlled by the ITAR unless it was modified or equipped for military purposes. But, since aircraft modificati*on may not always be known to the applicant, information regarding the ultimate end-user becomes crucial to the reviewing process.* If it is known to the applicant that a particular civil aircraft has been modified for military purposes, or has a widely known military variant, to the point of falling within the purview of §121.1 Cat. VIII(a), this information must be stated on the application. {#step-2-platforms-falling-under-121.1-cat.-viiiaf-are-controlled-by-the-department-of-state.-however-for-aircraft-such-as-the-bell-412-if-kept-in-its-original-non-modified-form-would-not-be-controlled-by-the-itar-unless-it-was-modified-or-equipped-for-military-purposes.-but-since-aircraft-modification-may-not-always-be-known-to-the-applicant-information-regarding-the-ultimate-end-user-becomes-crucial-to-the-reviewing-process.-if-it-is-known-to-the-applicant-that-a-particular-civil-aircraft-has-been-modified-for-military-purposes-or-has-a-widely-known-military-variant-to-the-point-of-falling-within-the-purview-of-121.1-cat.-viiia-this-information-must-be-stated-on-the-application. .unnumbered}

## End-User Scenarios

### Ultimate End-User -- Military/MoD 

#### If the end-user is part of the country's military (for example, Air Force or Navy), it is the policy of DDTC to authorize exports of USML articles for use on a civil platform, as licensing to military end-users ensures the defense article(s) are under the unitary control of a single entity, and will therefore be equipped and used for military purposes. As such, the aircraft falls under §121.1 Cat. VIII(a), and may be operated in the stated end-user country, and may freely transit to any other country performing official government business. {#if-the-end-user-is-part-of-the-countrys-military-for-example-air-force-or-navy-it-is-the-policy-of-ddtc-to-authorize-exports-of-usml-articles-for-use-on-a-civil-platform-as-licensing-to-military-end-users-ensures-the-defense-articles-are-under-the-unitary-control-of-a-single-entity-and-will-therefore-be-equipped-and-used-for-military-purposes.-as-such-the-aircraft-falls-under-121.1-cat.-viiia-and-may-be-operated-in-the-stated-end-user-country-and-may-freely-transit-to-any-other-country-performing-official-government-business. .unnumbered}

### Ultimate End-User -- Quasi-Government Entity/Govt. Contracted Private Entity

#### Similarly, a country's quasi-government entity (for example, police force), or a private company with a government contract to perform search and rescue, medical services or other similar non-commercial functions, may also receive USML for an end-platform originally designed for commercial purposes. However, authorization is generally limited to operations within the country of ultimate destination. {#similarly-a-countrys-quasi-government-entity-for-example-police-force-or-a-private-company-with-a-government-contract-to-perform-search-and-rescue-medical-services-or-other-similar-non-commercial-functions-may-also-receive-usml-for-an-end-platform-originally-designed-for-commercial-purposes.-however-authorization-is-generally-limited-to-operations-within-the-country-of-ultimate-destination. .unnumbered}

### Ultimate End-User -- Civil Entity, For Civil Operations

#### For a platform originally designed for civil purposes, and operated by a civil end-user (such as a charter company, or airline), it is strongly advised that prior to any submission of an export request, the Exporter review, in its *entirety*, the updated "Note" (final rule, August 14, 2008) found in Category VIII of §121.1. Within this Note, guidance is provided for industry regarding Significant Military Equipment (as defined in §120.7), and minor components and parts (as defined in §121.8) that may be used on either civil or military aircraft.  {#for-a-platform-originally-designed-for-civil-purposes-and-operated-by-a-civil-end-user-such-as-a-charter-company-or-airline-it-is-strongly-advised-that-prior-to-any-submission-of-an-export-request-the-exporter-review-in-its-entirety-the-updated-note-final-rule-august-14-2008-found-in-category-viii-of-121.1.-within-this-note-guidance-is-provided-for-industry-regarding-significant-military-equipment-as-defined-in-120.7-and-minor-components-and-parts-as-defined-in-121.8-that-may-be-used-on-either-civil-or-military-aircraft. .unnumbered}

#### One common concern \[Section 17(c) of the EAA\] addresses is whether or not minor parts and components, such as latches, fasteners, grommets, pumps, actuators, and switches, are controlled by the ITAR. If for example, a part or component (as defined in §121.8) was originally designed for military purposes (see §120.3), but such article is common to both civil and military applications WITHOUT modification to its form, fit, or function, it may be regarded as "Dual Use," and therefore fall under the purview of the Commerce Control List ("CCL"), and NOT the ITAR. Thus, if such a commodity can be used in both civil and military applications without modification to its form, fit or function, the Exporter must determine if the commodity: (i) is limited to Category VIII; (ii) is standard to the aircraft (i.e., the replacement part/component is not an upgrade to the original); (iii) is covered by a civil aircraft type certificate; and (iv) is an integral part of the aircraft. If the exporter were to find each test in the affirmative, unless there is doubt by the Exporter, a license approval from the Directorate of Defense Trade Controls is not necessary. If doubt still remains, and the Exporter consequently submits a license, an explanation must be provided, demonstrating why the commodity does not fall under the exception -- i.e., the expounded "Note" found at the end of Category VIII of §121.1.  {#one-common-concern-section-17c-of-the-eaa-addresses-is-whether-or-not-minor-parts-and-components-such-as-latches-fasteners-grommets-pumps-actuators-and-switches-are-controlled-by-the-itar.-if-for-example-a-part-or-component-as-defined-in-121.8-was-originally-designed-for-military-purposes-see-120.3-but-such-article-is-common-to-both-civil-and-military-applications-without-modification-to-its-form-fit-or-function-it-may-be-regarded-as-dual-use-and-therefore-fall-under-the-purview-of-the-commerce-control-list-ccl-and-not-the-itar.-thus-if-such-a-commodity-can-be-used-in-both-civil-and-military-applications-without-modification-to-its-form-fit-or-function-the-exporter-must-determine-if-the-commodity-i-is-limited-to-category-viii-ii-is-standard-to-the-aircraft-i.e.-the-replacement-partcomponent-is-not-an-upgrade-to-the-original-iii-is-covered-by-a-civil-aircraft-type-certificate-and-iv-is-an-integral-part-of-the-aircraft.-if-the-exporter-were-to-find-each-test-in-the-affirmative-unless-there-is-doubt-by-the-exporter-a-license-approval-from-the-directorate-of-defense-trade-controls-is-not-necessary.-if-doubt-still-remains-and-the-exporter-consequently-submits-a-license-an-explanation-must-be-provided-demonstrating-why-the-commodity-does-not-fall-under-the-exception-i.e.-the-expounded-note-found-at-the-end-of-category-viii-of-121.1. .unnumbered}

# USML Article(s) on Military Platform(s) for Civil End-User(s)

## It is the general policy of the Directorate of Defense Trade Controls to decline authorization for the export of USML articles on military aircraft, for civil end-users. However, there are three primary exceptions to this general policy.  {#it-is-the-general-policy-of-the-directorate-of-defense-trade-controls-to-decline-authorization-for-the-export-of-usml-articles-on-military-aircraft-for-civil-end-users.-however-there-are-three-primary-exceptions-to-this-general-policy. .unnumbered}

## Program Status

### The first exception is when the aircraft in question has "Program Status" with DDTC. Program Status entails that certain aircraft and the associated prime contractors have been vetted and deemed trustworthy to receive USML commodities as the identified end-user. Such authorization is conditioned (only) for the prime contractor to re-export/re-transfer the ultimate end-use (aircraft) to governments known to operate, or have contracted to purchase the aircraft. Program Status is subject to change without notice (due to U.S. National Policy and/or Foreign Policy issues). See the section VIII (below) for Program Status guidance. {#the-first-exception-is-when-the-aircraft-in-question-has-program-status-with-ddtc.-program-status-entails-that-certain-aircraft-and-the-associated-prime-contractors-have-been-vetted-and-deemed-trustworthy-to-receive-usml-commodities-as-the-identified-end-user.-such-authorization-is-conditioned-only-for-the-prime-contractor-to-re-exportre-transfer-the-ultimate-end-use-aircraft-to-governments-known-to-operate-or-have-contracted-to-purchase-the-aircraft.-program-status-is-subject-to-change-without-notice-due-to-u.s.-national-policy-andor-foreign-policy-issues.-see-the-section-viii-below-for-program-status-guidance. .unnumbered}

##  {#section-4 .unnumbered}

## Research and Development Purposes

### The second exception is when the foreign private entity will use the USML commodity for research and development purposes; and will not at any point re-export/re-transfer the commodity, either in its U.S. origin export form, or integrated form, to any other country without further authorization by the DDTC. As such, when the applicant seeks to utilize this exception, there must be sufficient documentation explaining for the end-use. Merely stating the commodity will be used for "research and development," or other similar vague explanations, will not be accepted.

## Return to the United States

### The third exception relates to exports returning to the U.S., once the foreign party(s) contractual obligation has been completed. If the commodity initially exported from the U.S. will return without transforming its integrity (e.g., tools, test equipment), a DSP-73 is the correct form to submit; however, if the commodity will undergo substantial transformation -- i.e., the export will be integrated with other commodities so as to form an entirely new article, a DSP-5 is the appropriate license request. As such, for exports in need of a DSP-5, the applicant may identify the last foreign company transforming the initial export, as the end-user (Block 14); however, in Block 20, the applicant must identify the U.S. Company receiving the integrated commodity. This information must be substantiated in the supporting documentation submitted by the foreign party. 

# Aircraft with DDTC "Program Status"

## Program Status is a DDTC approved licensing scenario for select aircraft platforms meeting exceptional guidelines and requirements. Program Status entails that certain aircraft and the associated prime contractors have been vetted and deemed trustworthy to receive USML commodities as the identified end-user. Such authorization is conditioned for the prime contractor to only re-export/re-transfer the ultimate end-use (aircraft) to governments known to operate, or have contracted to purchase the aircraft. Aircraft platforms will not be considered for program status without the need for exceptional licensing requirements. Do not contact DTCL about Program Status for aircraft platform; this is an internally initiated program done in consultation with the defense industry.

## The ability for the applicant to take advantage of Program Status is premised on the applicant identifying the prime contractor and the countries operating the aircraft. As such, the correct protocol is to identify the aircraft's prime contractor and all foreign consignees in their respective blocks of the DSP-5. The countries operating the aircraft must be identified in Block 20. This information must be substantiated by the supporting documentation submitted by the prime contractor.

## Licenses using the approved Program Status are still adjudicated on a case by case basis. All aspects of the licensing of approved Program Status platforms are subject to change without notice by DDTC.

## The following are the current aircraft platforms eligible for Program Status consideration.

### Airbus A400M

### Eurofighter Typhoon

### Panavia Tornado

### JAS 39 Gripen

### C-27J Spartan

### NH-90 Helicopter

### EH-101/AW-101 Helicopter

### Tiger Helicopter

## The following is required of all aircraft with "Program Status"

### The purchasing documentation must identify the end-use of the defense articles as being for the specific aircraft platform and the end-user must be one of the approved prime contract companies. If this information is not included on the actual purchasing documentation, an end-user/end-use statement must accompany the license. This document must be issued by the same party as the purchasing documents. 

### The license application must identify in block 14 the approved prime contractor. In block 20 the applicant must identify the ultimate platform as being the specific aircraft platform and must identify Ministries of Defense of the approved end-user countries. It is the applicant's responsibility to identify the DDTC approved prime contractors and end-user countries.