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ITAR Licenses, Agreements and DDTC Forms: What Each One Is For

ITAR authorizations come in several forms, and the acronyms confuse even experienced buyers. This table explains what each license, agreement and registration document is for so you can tell which one a given transaction needs.

Download:
Form or instrumentNameUsed forITAR reference area
DS-2032
Statement of Registration
Registering with DDTC as a manufacturer, exporter or broker of defense articles
Part 122
DSP-5
Application/License for Permanent Export of Unclassified Defense Articles and Related Unclassified Technical Data
Permanent export of unclassified hardware or technical data
Part 123
DSP-61
Application/License for Temporary Import of Unclassified Defense Articles
Temporary import such as repair, then return to the owner
Part 123
DSP-73
Application/License for Temporary Export of Unclassified Defense Articles
Temporary export for demonstration, testing or exhibition
Part 123
DSP-83
Nontransfer and Use Certificate
Foreign consignee statement for significant military equipment and classified items
Part 123
DSP-85
Application/License for Permanent/Temporary Export or Temporary Import of Classified Defense Articles and Related Classified Technical Data
Classified hardware or technical data transfers
Part 125
DSP-94
Authority to Export Defense Articles Sold Under the Foreign Military Sales Program
Exports under FMS cases
Part 126
DS-4076
Commodity Jurisdiction Determination Request
Asking DDTC whether an item is ITAR or EAR controlled
Part 120
TAA
Technical Assistance Agreement
Defense services or technical data to a foreign person for a defined program
Part 124
MLA
Manufacturing License Agreement
Authorizing a foreign person to manufacture defense articles abroad
Part 124
WDA
Warehouse and Distribution Agreement
Authorizing a foreign entity to warehouse and distribute defense articles
Part 124
Voluntary disclosure
Voluntary disclosure of violations
Telling DDTC about a violation, initial notification then a full report
Part 127
Exemption
ITAR exemptions
Exports permitted without a license when all conditions are met, with required records
Parts 123, 125 and 126
Prohibited destinations
Policy of denial countries
List of countries where exports are generally denied
Part 126, section 126.1

Form names and electronic filing procedures change. DDTC applications are submitted through its electronic system, not on paper. This table is a summary of purpose and does not replace the ITAR. Before you rely on an exemption, read its conditions and confirm the recordkeeping and notification requirements.

Track license balances in your ERP

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How to use the reference

Search by the form number you see in an email or contract, or by the action you plan, such as temporary export or technical assistance. Match your scenario to a row. Hardware exports usually map to a DSP form, while defense services and ongoing technical data sharing with a foreign party use an agreement. Export the table to Excel and add columns for your internal approvals and the license numbers you hold.

Licenses versus agreements

A DSP license authorizes a specific export or import of defined items. An agreement such as a TAA or MLA authorizes a relationship, covering defense services and technical data over time with a foreign person. If you are a supplier sending a quote package with drawings to a foreign firm, that can itself require authorization. If you are building parts abroad under license, you are in MLA territory.

  • DSP-5: permanent hardware or data export
  • DSP-73 and DSP-61: temporary export and import
  • TAA and MLA: services and manufacturing relationships
  • DS-2032: the registration that precedes the rest

ERP and records

Each authorization has provisos, quantity and value limits and an expiry. Your ERP should store license numbers against sales and purchase orders and decrement balances as shipments occur. ITAR requires records to be kept for five years from the expiration of the license or other approval. Without system support, balances are tracked in spreadsheets and overshipments go unnoticed until an audit.

Common mistakes

Shipping beyond the licensed quantity or value, letting a license expire with open orders, forgetting that a temporary export must come back, and using an exemption without its required notifications and records. Another is missing that a foreign person employee needs authorization for access to technical data. Review provisos on receipt of every license and share them with logistics.

Frequently Asked Questions

What is the difference between DSP-5 and DSP-73?

A DSP-5 is for a permanent export of unclassified defense articles or technical data. A DSP-73 is for a temporary export, for example to a trade show or for testing, where the item is expected to return to the United States.

When do I need a TAA?

A Technical Assistance Agreement is generally needed when you will furnish defense services or technical data to a foreign person in support of a defined program. It describes scope, parties and conditions and is reviewed by DDTC before use.

Do I need to register to machine ITAR parts?

In general, a person who manufactures defense articles must register under Part 122 even if they do not export. A domestic machine shop that makes parts specially designed for defense articles often falls into that group. Review with counsel.

How long must ITAR records be kept?

ITAR recordkeeping requires records to be kept for five years from the expiration of the license or other approval, and for exemptions from the date of the transaction. Check the current text of section 122.5 and any longer contract retention terms.

If you want license balances and expiry tracked against ERP sales orders automatically, we can build that read-only on your own system. The reference is free and standalone.