1
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USG
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Foreign Military Sale (FMS)
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Unclassified
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LOA and subsequent LOA Amendments and LOA Modifications
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Defense Transportation System (DTS) for all shipments under the LOA using USG owned (organic) assets only
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1. Implementing Agency lodges the complete LOA at primary port. Customs cannot clear shipments if LOA is not furnished so the LOA should be lodged as soon as possible after implementation.
2. Implementing Agency prepares a DSP-94 at the LOA level and sends it to the primary port (same place where it sent the LOA). This should be done at the same time as the LOA is lodged. See SAMM Table C7.T9 for instructions on completing this form.
3. The DSP-94 is valid for 2 years or until the stated value is shipped, whichever comes first.
3.a. Prior to expiration of the DSP-94, the Implementing Agency must determine if additional shipments will be made. If so, a new DSP-94 must be prepared and lodged to replace the expiring DSP-94. This should be done in advance of the DSP-94 expiration date to avoid export problems.
3.b. If the estimated export values change prior to the DSP-94 expiration, even if the LOA has not been amended or modified, a new DSP-94 must be prepared and submitted to replace the outdated version at the primary port.
4. Implementing Agency lodges a copy of any LOA Amendment or LOA Modification at the primary port (same place where it sent the basic LOA). This should be done as soon as possible after implementation of each document.
5. Implementing Agency prepares a new (revised) DSP-94 for any LOA Amendment or LOA Modification that changes the value and/or quantity of defense articles (including technical data). This should be done at the same time the LOA Amendment or LOA Modification is lodged.
6. Upon completion of all authorized shipments or upon expiration of the DSP-94, whichever occurs first, Customs authorities will contact the Case Manager identified in Block 4 of the DSP-94 form to confirm that there will be no more shipments against this case. Upon confirmation, Customs authorities will forward the LOA, any LOA Amendments and LOA Modifications, and the DSP-94 to DoS/DDTC for archival. If the Case Manager indicates additional shipments will be made, a new DSP-94 will be prepared and lodged as indicated in paragraph 3.
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1. The DoD entity that is arranging DTS transportation must report export information on each shipment of hardware to Customs Bureau of Border Protection (CBP) using the Automated Export System (AES). After completing the AES entries, the DoD entity must send this data electronically to the U.S. port before the export can be made (in accordance with Section 123.22 of the ITAR). Shipments of technical data or services must comply with ITAR Section 123.22(b)(3).
Note 1: All shipments must use AES. These transactions take the place of the hardcopy Shipper's Export Declaration (SED) form, which is no longer accepted.
Note 2: Section "g" of the "Instructions for DSP-94" form regarding copies of the SED no longer applies.
Note 3: If items from multiple FMS cases are included in the same shipment, the DoD entity must file a separate AES entry for each individual FMS case being used.
2. The DoD entity prints out the AES "SED" page and annotates as follows. This annotated printout must accompany the shipment.
2.a. "This shipment for Organic DTS is being exported pursuant to an LOA authorizing such transfer which meets the criteria of 22 CFR 126.6(a). It covers FMS Case [insert case identification]. The U.S. Government point of contact is [insert name], commercial telephone number [insert commercial telephone number]."
2.b. "The Letter of Offer and Acceptance (LOA) authorizing this transfer is lodged at [insert name of primary port where LOA was lodged]."
Note: If multiple AES "SED" pages accompany the shipment (because multiple FMS cases are being cited), these statements must appear on each AES "SED" page citing the applicable FMS case and port.
3. Customs will only decrement a shipment after export information has been filed correctly using AES. As part of the AES filing the DoD entity must provide the XTN (external control number) to Customs.
4. An export may be made through a port other than the primary port where the LOA was lodged. The AES "SED" page MUST clearly indicate the name of the primary port where the LOA was lodged.
5. All shipments must meet established minimum timeframe requirements for these shipments in accordance with 22 CFR 123.22(b).
5.a. By air and truck, at least 8 hours prior to departure from the U.S.
5.b. By sea and rail, at least 24 hours prior to loading aboard ship at the port of exit.
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126.6(a)
Note: FMS shipments by DTS Organic do not require a license when all conditions of 126.6(a) can be met.
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2
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USG
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Foreign Military Sale (FMS)
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Unclassified
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LOA and subsequent LOA Amendments and LOA Modifications
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Defense Transportation System (DTS) for all shipments under the LOA using commercial resources only
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1. Implementing Agency lodges the complete LOA at primary port. Customs cannot clear shipments if LOA is not furnished so the LOA should be lodged as soon as possible after implementation.
2. Implementing Agency prepares a DSP-94 at the LOA level and sends it to the primary port (same place where it sent the LOA). This should be done at the same time as the LOA is lodged. See SAMM Table C7.T9 for instructions on completing this form.
3. The DSP-94 is valid for 2 years or until the stated value is shipped, whichever comes first.
3.a. Prior to expiration of the DSP-94, the Implementing Agency must determine if additional shipments will be made. If so, a new DSP-94 must be prepared and lodged to replace the expiring DSP-94. This should be done in advance of the DSP-94 expiration date to avoid export problems.
3.b. If the estimated export values change prior to the DSP-94 expiration, even if the LOA has not been amended or modified, a new DSP-94 must be prepared and submitted to replace the outdated version at the primary port.
4. Implementing Agency lodges a copy of any LOA Amendment or LOA Modification at the primary port (same place where it sent the basic LOA). This should be done as soon as possible after implementation of each document.
5. Implementing Agency prepares a new (revised) DSP-94 for any LOA Amendment or LOA Modification that changes the value and/or quantity of defense articles (including technical data). This should be done at the same time the LOA Amendment or LOA Modification is lodged.
6. Upon completion of all authorized shipments or upon expiration of the DSP-94, whichever occurs first, Customs authorities will contact the Case Manager identified in Block 4 of the DSP-94 form to confirm that there will be no more shipments against this case. Upon confirmation, Customs authorities will forward the LOA, any LOA Amendments and LOA Modifications, and the DSP-94 to DoS/DDTC for archival. If the Case Manager indicates additional shipments will be made, a new DSP-94 will be prepared and lodged as indicated in paragraph 3.
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1. The DoD entity that is arranging DTS transportation must report export information on each shipment of hardware to Customs Bureau of Border Protection (CBP) using the Automated Export System (AES). After completing the AES entries, the DoD entity must send this data electronically to the U.S. port before the export can be made (in accordance with Section 123.22 of the ITAR). Shipments of technical data or services must comply with ITAR Section 123.22(b)(3).
Note 1: All shipments must use the AES transactions. These transactions take the place of the hardcopy Shipper's Export Declaration (SED) form, which is no longer accepted.
Note 2: Section "g" of the "Instructions for DSP-94" form regarding copies of the SED no longer applies.
Note 3: If items from multiple FMS cases are included in the same shipment, the DoD entity must file a separate AES entry for each individual FMS case being used.
2. The DoD entity prints out the AES "SED" page and annotates as follows. This annotated printout must accompany the shipment.
2.a. "This shipment for Commercial DTS is being exported pursuant to an LOA authorizing such transfer which meets the criteria of 22 CFR 126.6(a). It covers FMS Case [insert case identification]. The U.S. Government point of contact is [insert name], commercial telephone number [insert commercial telephone number]."
2.b. "The Letter of Offer and Acceptance (LOA) authorizing this transfer is lodged at [insert name of primary port where LOA was lodged]."
Note: If multiple AES "SED" pages accompany the shipment (because multiple FMS cases are being cited), these statements must appear on each AES "SED" citing the applicable FMS case and port.
3. Customs will only decrement a shipment after export information has been filed correctly using AES. As part of the AES filing the DoD entity must provide the XTN (external control number) to Customs.
4. An export may be made through a port other than the primary port where the LOA was lodged. The AES "SED" page MUST clearly indicate the name of the primary port where the LOA was lodged.
5. All shipments must meet established minimum timeframe requirements for these shipments in accordance with 22 CFR 123.22(b).
5.a. By air and truck, at least 8 hours prior to departure from the U.S.
5.b. By sea and rail, at least 24 hours prior to loading aboard ship at the port of exit.
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126.6(a)
Note: FMS DTS commercial contracted shipments do not require a license when all conditions of 126.6(a) can be met.
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3
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Freight Forwarder
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Foreign Military Sale (FMS)
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Unclassified
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LOA and subsequent LOA Amendments and LOA Modifications
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Freight Forwarder
A Freight Forwarder is an entity under contract / agreement with the foreign government to handle the movement of the foreign government's USG-provided materiel.
Freight Forwarders are generally contracted to handle receipt, consolidation, and staging within the United States and arrangement for onward movement from the United States to the foreign country.
Freight Forwarders must be registered with the Department of State (Directorate of Defense Trade Controls) and are responsible for compliance with all International Traffic in Arms Regulation (ITAR) and Bureau of Customs and Border Protection (BCP) requirements.
A foreign government's embassy must send a letter to DoS/DDTC designating a company as its Freight Forwarder before that company will be permitted to export security assistance-related materiel on that government's behalf.
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1. Implementing Agency lodges the complete LOA at primary port. Customs cannot clear shipments if the LOA is not furnished so the LOA should be lodged as soon as possible after implementation.
2. Foreign customer provides a copy of the LOA to its designated Freight Forwarder(s).
3. Freight Forwarder prepares a DSP-94 at the LOA level and submits it to the Implementing Agency (through the Purchasing country, as required) for review. This should be done as soon as possible after the Freight Forwarder receives a copy of the LOA. See SAMM Table C7.T9 for instructions on completing this form.
4. The DSP-94 is valid for 2 years or until the stated value is shipped, whichever comes first.
4.a. Prior to expiration of the DSP-94, the Freight Forwarder must determine if additional shipments will be made. If so, a new DSP-94 must be prepared by the Freight Forwarder, reviewed by the Implementing Agency, and lodged by the Freight Forwarder to replace the expiring DSP-94. This should be done in advance of the DSP-94 expiration to avoid export problems.
4.b. If the estimated export values change prior to the DSP-94 expiration, even if the LOA has not been amended or modified, a new DSP-94 must be prepared by the Freight Forwarder, reviewed by the Implementing Agency, and lodged by the Freight Forwarder to replace the outdated version at the primary port.
5. Implementing Agency reviews the DSP-94 and any subsequent revisions/updates/ amendments to the DSP-94.
5.a. If the DSP-94 appears accurate, the Implementing Agency sends the DSP-94 to the primary port (same place where it sent the LOA) and sends an information copy back to the Freight Forwarder.
5.b. If the DSP-94 appears to contain errors, the Implementing Agency sends the DSP-94 back to the Freight Forwarder with necessary changes annotated and sends an information copy to the Department of State (DDTC).
6. Implementing Agency lodges a copy of any LOA Amendment or Modification at the primary port (same place where it sent the basic LOA). This should be done as soon as possible after implementation of each document.
7. Foreign customer provides a copy of implemented LOA Amendments and Modifications to its designated Freight Forwarder(s).
8. Freight Forwarder prepares a new (revised) DSP-94 for any LOA Amendment or Modification that changes the value and/or quantity of defense articles (including technical data) and submits the new (revised) form to the Implementing Agency for review. This should be done as soon as possible after the Freight Forwarder receives a copy of the Amendment or Modification.
9. The Implementing Agency reviews the revised DSP-94 forms in accordance with procedures in paragraph 5 above.
10. Upon completion of all authorized shipments or upon expiration of the DSP-94, whichever occurs first, Customs authorities will contact the Freight Forwarder identified in Block 4 of the DSP-94 form to confirm that there will be no more shipments against this case. Upon confirmation, Customs authorities will forward the LOA, any LOA Amendments and LOA Modifications, and the DSP-94 to DoS/DDTC for archival. If the Freight Forwarder indicates additional shipments will be made, a new DSP-94 will be prepared, reviewed, and lodged as indicated in paragraph 5.
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Forwarder must file a separate AES entry for each individual FMS case being used.
2. Prior to AES filing and after the Freight Forwarder prints out the AES "SED" page, the Freight Forwarder must obtain an Implementing Agency certifying signature prior to submission to AES. Copies of all related documents must be presented to CBP at the time of shipment and maintained in the Freight Forwarder's records in accordance with 22 CFR 123.26 and annotates it on, if authorized, the outbound manifest as follows.
2.a. "This shipment is being exported pursuant to an LOA authorizing such transfer which meets the criteria of 22 CFR 126.6(c). It covers FMS Case [insert case identification]. The U.S. Government point of contact is [insert name], commercial telephone number [insert commercial telephone number]."
2.b. "The Letter of Offer and Acceptance (LOA) authorizing this transfer is lodged at [insert name of primary port where LOA was lodged]."
Note: If multiple AES "SED" pages or outbound manifests accompany the shipment (because multiple FMS cases are being cited), these statements must appear on each AES "SED" or outbound manifest citing the applicable FMS case and port.
3. Customs will only decrement a shipment after export information has been filed correctly using AES. As part of the AES filing the Freight Forwarder must provide the XTN (external control number) to Customs.
4. An export may be made through a port other than the primary port where the LOA was lodged. The AES "SED" page MUST clearly indicate the name of the primary port where the LOA was lodged.
5. All shipments must meet established minimum timeframe requirements for these shipments in accordance with 22 CFR 123.22(b).
5.a. By air and truck, at least 8 hours prior to departure from the U.S.
5.b. By sea and rail, at least 24 hours prior to loading aboard ship at the port of exit.
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126.6(c)
Note: FMS shipments do not require a license when all conditions of 126.6(c) can be met.
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4
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USG for some shipments Freight Forwarder for some shipments
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Foreign Military Sale (FMS)
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Unclassified
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LOA and subsequent LOA Amendments and LOA Modifications
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Defense Transportation System (DTS) for some shipments under the LOA using USG-owned (organic) resources.
DTS for some shipments under the LOA using commercial resources
Freight Forwarder* for some shipments
*See Scenario 3 for a definition of Freight Forwarder
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1. Implementing Agency lodges the complete LOA at primary port. Customs cannot clear shipments if LOA is not furnished so the LOA should be lodged as soon as possible after implementation.
2. Foreign customer provides a copy of the LOA to its designated Freight Forwarder(s).
3. Implementing Agency prepares a DSP-94 at the LOA level and sends it to the primary port (same place where it sent the LOA). This should be done at the same time as the LOA is lodged. The Implementing Agency will send a copy to the Purchaser to provide to the Freight Forwarder. See SAMM Table C7.T9 for instructions on completing this form.
4. The DSP-94 is valid for 2 years or until the stated value is shipped, whichever comes first.
4.a. Prior to expiration of the DSP-94, the Implementing Agency must determine if additional shipments will be made. If so, a new DSP-94 must be prepared and lodged to replace the expiring DSP-94. The Implementing Agency will send a copy of the DSP-94 to the Purchaser to provide to the Freight Forwarder. This should be done in advance of the DSP-94 expiration date to avoid export problems.
4.b. If the estimated export values change prior to the DSP-94 expiration, even if the LOA has not been amended or modified, a new DSP-94 must be prepared and submitted to replace the outdated version at the primary port.
5. Implementing Agency lodges a copy of any LOA Amendment or LOA Modification at the primary port (same place where it sent the basic LOA). This should be done as soon as possible after implementation of each document.
6. Foreign customer provides a copy of implemented LOA Amendments and LOA Modifications to its designated Freight Forwarder(s).
7. Implementing Agency prepares a new (revised) DSP-94 for any LOA Amendment or LOA Modification that changes the value and/or quantity of defense articles (including technical data). The Implementing Agency will send a copy to the Purchaser to provide to the Freight Forwarder. This should be done at the same time the LOA Amendment or LOA Modification is lodged.
8. Upon completion of all authorized shipments or upon expiration of the DSP-94, whichever occurs first, Customs authorities will contact the Case Manager identified in Block 4 of the DSP-94 form to confirm that there will be no more shipments against this case. Upon confirmation, Customs authorities will forward the LOA, any LOA Amendments and LOA Modifications, and the DSP-94 to DoS/DDTC for archival. If the Case Manager indicates additional shipments will be made, a new DSP-94 will be prepared and lodged as indicated in paragraph 4.
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1. For the DTS shipments using USG-owned (organic) resources follow procedures detailed in Scenario Number 1.
2. For the DTS shipments using commercial resources follow procedures detailed in Scenario Number 2.
3. For Freight Forwarder shipments, follow procedures detailed in Scenario Number 3.
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126.6(a) (DTS Organic)
126.6(a) DTS Commercial
126.6(c) Freight Forwarder
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