# DDTC Guidance: Guidance for Part 130 Certification for Agreements: Guidance for Part 130 Certification for Agreements

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/DDTC_GUID_GUIDANCE_FOR_PART_130_CERTIFICATION_FOR_AGREEMENTS_23a4c522

## Section

- **Citation:** DDTC Guidance: Guidance for Part 130 Certification for Agreements
- **Heading:** Guidance for Part 130 Certification for Agreements
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DDTC Policy Guidance Documents / Guidance for Part 130 Certification for Agreements

## Text

1
Updated as of 10/20/2016
U.S. Department of State
Directorate of Defense Trade Controls
Guidance for Part 130 Certification for Agreements
a. If the proposed value of an agreement submitted to DTCL involves the export, reexport,
or retransfer of defense articles, to include technical data, or defense services valued in an
amount of $500,000 or more which are being sold commercially to or for the use of the
armed forces of a foreign country or international organization, an additional statement must
be made regarding the payment of political contributions, fees or commissions, pursuant to
§ 130.9.
Note: in order for Part 130 to apply, both of the criteria above must be met. For example, if
the end user is solely the U.S. government, Part 130 would not apply regardless of value.
(1) The Part 130 statement is made as part of Block 22, “Applicant’s Statement,” in the
DSP- 5 vehicle.
(2) For the purpose of Part 130 statements, “armed forces” means the means the army,
navy, marine, air force, or coast guard, as well as the national guard and national
police (not state/local police), of a foreign country. This term also includes any
military unit or military personnel organized under or assigned to an international
organization.
b. § 130.9 requires that each applicant inform DTCL as to whether the applicant or its
vendors have paid, or offered or agreed to pay, in respect of any sale for which a license or
approval is requested:
(1) Political contributions in an aggregate amount of $5,000 or more, or
is term also includes any
military unit or military personnel organized under or assigned to an international
organization.
b. § 130.9 requires that each applicant inform DTCL as to whether the applicant or its
vendors have paid, or offered or agreed to pay, in respect of any sale for which a license or
approval is requested:
(1) Political contributions in an aggregate amount of $5,000 or more, or
(2) Fees or commissions in an aggregate amount of $100,000 or more.
c. If yes, the applicant must provide to the DTCL the information specified in § 130.10 as a
separate attachment to DSP-5 vehicle, signed by an empowered official. The furnishing of
such information or an explanation satisfactory to the Directorate of Defense Trade Controls
as to why all the information cannot be furnished at that time is a condition precedent to the
granting of the relevant license or approval. The applicant should also consider whether or
not brokering activities as defined in ITAR Part 129 are occurring or will occur.
d. For each amendment, the Part 130 statement must be made in the context of the
agreement as a whole and not just the amendment.
e. The Part 130 statement for an amendment or re-baseline must differentiate between
values previously provided in the base agreement/subsequent amendments and the new
amendment/re- baseline so as to not double count the values. Previously reported payments
need only include aggregate amounts. Dates of transactions, recipients, and payers for
of the
agreement as a whole and not just the amendment.
e. The Part 130 statement for an amendment or re-baseline must differentiate between
values previously provided in the base agreement/subsequent amendments and the new
amendment/re- baseline so as to not double count the values. Previously reported payments
need only include aggregate amounts. Dates of transactions, recipients, and payers for

2
Updated as of 10/20/2016
U.S. Department of State
Directorate of Defense Trade Controls
previously reported payments are not required. For further information, see the DDTC web
notice of December 13, 2013 titled “Guidelines for Furnishing Information Specified in §
130.10.”
f. Part 130 is applicable to an IFO license in the context of the license itself; i.e., the term
“applicant” in § 130.2 only applies if the IFO license is for $500,000 or more and is for the
armed forces of a foreign country or international organization. However, if the Part 130
statement is positive for the IFO license, the statement provided must report the information
required in § 130.10 in the context of the entire agreement, in order to differentiate between
values previously provided and new values. If the Part 130 statement has changed since the
last submission, the applicant must submit a new report and must differentiate between
values previously provided and new values, so as to avoid double counting. If the Part 130
statement is identical to the previous submission, no additional statement is necessary, but
the IFO letter of explanation must clarify this fact.

## Nearby sections

- [DDTC Guidance: Commendations and Recommendations from Visiting Universities and Research Centers Commendations and Recommendations from Visiting Universities and Research Centers](https://www.frixlaw.com/law-library/statutes/DDTC_GUID_COMMENDATIONS_AND_RECOMMENDATIONS_FROM_VISITING_UNIVERSITIES_2c9ed5a0.md)
- [DDTC Guidance: Compliance Program Guidelines Compliance Program Guidelines](https://www.frixlaw.com/law-library/statutes/DDTC_GUID_COMPLIANCE_PROGRAM_GUIDELINES_cc037c57.md)
- [DDTC Guidance: DDTC ITAR Risk Matrix DDTC ITAR Risk Matrix](https://www.frixlaw.com/law-library/statutes/DDTC_GUID_DDTC_ITAR_RISK_MATRIX_5f67fa1c.md)
- [DDTC Guidance: DDTC ITAR Risk Matrix Supplement 1 - University Specific DDTC ITAR Risk Matrix Supplement 1 - University Specific](https://www.frixlaw.com/law-library/statutes/DDTC_GUID_DDTC_ITAR_RISK_MATRIX_SUPPLEMENT_1_UNIVERSITY_SPECIFIC_17673e1c.md)
- [DDTC Guidance: Guidance for Part 130 Certification for Agreements Guidance for Part 130 Certification for Agreements](https://www.frixlaw.com/law-library/statutes/DDTC_GUID_GUIDANCE_FOR_PART_130_CERTIFICATION_FOR_AGREEMENTS_23a4c522.md)
- [DDTC Guidance: Guidelines for Preparing Agreements Guidelines for Preparing Agreements](https://www.frixlaw.com/law-library/statutes/DDTC_GUID_GUIDELINES_FOR_PREPARING_AGREEMENTS_19c40d22.md)
- [DDTC Guidance: Seal Alert: Best Practices to Ensure the Compliant and Safe Transport of Goods and Commodities Seal Alert: Best Practices to Ensure the Compliant and Safe Transport of Goods and Commodities](https://www.frixlaw.com/law-library/statutes/DDTC_GUID_SEAL_ALERT_BEST_PRACTICES_TO_ENSURE_THE_COMPLIANT_AND_SAFE_T_cde0826a.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/DDTC_GUID_GUIDANCE_FOR_PART_130_CERTIFICATION_FOR_AGREEMENTS_23a4c522. Check the current official text before relying on it. Not legal advice.
