General License Requirements and Responsibilities

Exports/Transfers - Exports or transfers of a controlled commodity or technical data may occur in any of the following instances:

• A controlled item/technical data is transferred by SVSU to a foreign person employed at SVSU;
• A controlled item/technical data is transferred by SVSU to a foreign person within the United States (possibly an employee of a client or partner);
• A controlled item/technical data is transferred by SVSU to a foreign person outside the United States; or
• A controlled item/technical data is to be used or transferred for an end-use not included in the U.S. Government export authorization.

Technical Data Export License Requirement - The EAR and ITAR prohibit the export of controlled classified and controlled unclassified technical data unless a valid export license has been obtained. 

• Military use controlled technical data exports are licensed by the DDTC of the Department of State.
• Exports of controlled dual-use technical data are licensed by the Bureau of Industry and Security (BIS) of the Department of Commerce. 
• The ITAR and EAR also provide for license exceptions/exemptions for certain technical data.

Commodities Export License Requirement - An export license is required for the export of controlled commodities and defense articles.  Sponsored Programs will determine whether such exceptions or exemptions are applicable and available.

• If the commodities are defense articles (i.e. are included on the USML), an export license must be obtained from DDTC prior to shipment. 
• The ITAR provides for limited license exemptions for the export of defense articles or controlled technical data under narrowly defined circumstances. 
• If the controlled commodities exported are dual-use, the exporter must obtain a license from BIS prior to shipment. 
• The EAR also provides for license exceptions for certain commodities on the CCL depending on the destination. 

Approval for the Export of Defense Services - DDTC must approve the export of defense services.  Such approval may be obtained by submitting a Manufacturing License Agreement or Technical Assistance Agreement to DDTC.  Once approved, in most instances, the defense services described in the Agreements may be provided without further licensing.  Sponsored Programs will advise whether further approvals are required.

DDTC Licenses - Licenses are issued for specific values, commodities, technical data, and to specific end users.  The license remains valid until all items are shipped or for four years, whichever occurs first.  The type of State Department form used for license applications depends on several factors.  The various State Department forms currently in use are described as follows:

• DSP-5:  Permanent Export of Unclassified defense articles, services, or technology.  If the export involves a commercial sale, a copy of the purchase order or letter of intent should be attached. 

If the item to be exported includes Significant Military Equipment, a Form DSP-83 (Non-transfer and Use Certificate) must be attached or you must provide assurance it will be provided at execution.

• DSP-61:  Temporary Import or in-transit shipment (through the United State) of unclassified defense articles.
• DSP-83:  Non-transfer and Use Certificate.  It is executed by the foreign consignee, foreign end-user, and the applicant.  It stipulates that, except as authorized by DDTC, the article or technology exported will not be re-exported, resold, or otherwise disposed of.
• DSP-85:  Permanent or Temporary Export or Temporary Import of Classified defense articles, service, or technology.  A Form DSP-83 (Non-transfer and Use Certificate) must be attached when exporting classified technical data.

Other DDTC Approvals - Some transactions go beyond merely exporting a defense article or technical data and involve an ongoing agreement to provide services, technical data (in excess of basic operations, maintenance, and training information related to a defense article), manufacturing or distribution rights.  Such agreements are called Manufacturing License Agreements, Technical Assistance Agreements, Manufacturing or Off-Shore Procurement Agreements, and Distribution Agreements.  They may not be executed without written approval from DDTC, subject to any limitations and provisos.

In order to obtain approval to these types of agreements a copy of the proposed agreement, or the signed agreement, must be submitted to DDTC by the SVSU Export Office.  SVSU must provide precise descriptions of defense articles, technical data, services, manufacturing rights and other relevant information in the application for approval (22 C.F.R. Part 124).  No action may be taken on either a proposed or a signed agreement prior to receiving DDTC approval.  Once approved, the defense services described in the agreements may generally be provided or exported without further licensing.  SVSU must notify DDTC within 60 days if it decides not to proceed with the proposed agreement.  Also, SVSU must give DDTC 30 days advance notice of termination of a signed agreement.  In this event, a DDTC export license must be obtained prior to any subsequent export of items originally covered in the agreement.

License Procession - Depending on the jurisdiction of the license application, the processing time will vary from 3-4 weeks to 3-6 months.  Factors determining process time include the content of the license, the nature of the technology/hardware being proposed for export, the end-user, and any backlog existing within the particular government agency at the time of submission.  There are no formal avenues available to expedite the license review/approval process.  It is important to notify Sponsored Programs as soon as you are aware of the need to export so that any necessary export authorizations can be obtained prior to the need to export.

Questions about the process should be directed to Sponsored Programs.