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DSCA 06-07

Memo Status : Active
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DEFENSE SECURITY COOPERATION AGENCY
201 12th STREET SOUTH, STE 203
ARLINGTON, VA 22202-5408

2/2/2006

MEMORANDUM FOR :

SEE DISTRIBUTION

SUBJECT :

Category III Missiles (Stand-off Land Attack Missile-Expanded Response (SLAM-ER), Air Intercept Missile-9X (AIM-9X), and Harpoon Block II) Standard Letter of Offer and Acceptance (LOA) Note - DSCA Policy 06-07 [SAMM E-Change 39]

Effective immediately, the Security Assistance Management Manual (SAMM), Chapter 5, Table C5.T5, is updated to include a standard LOA note for Category III Missiles (SLAM-ER, AIM-9X, and Harpoon Block II). This change also incorporates supplemental information in SAMM Chapter 8. The attached additions set forth the Enhanced End Use Monitoring and security requirements for these missiles.

This change will be included in the automated version of the SAMM found on the DSCA Web Page as SAMM E-Change 39. If you have any questions concerning this policy, please contact Mr. Leon N. Yates, DSCA/PGM/FTE, at (703) 601-3865, e-mail: leon.yates@dsca.mil or CAPT Chuck Martello, DSCA/PGM/WPN, at (703) 601-3722, e mail: charles.martello@dsca.mil. For questions regarding the SAMM, please contact Ms. Kathy Robinson, DSCA/STR/POL at (703) 601-4368, or e-mail: kathy.robinson@dsca.mil.

Jeffrey B. Kohler
Lieutenant General, USAF
Director

ATTACHMENT :
As stated

DISTRIBUTION :

DEPUTY ASSISTANT SECRETARY OF THE ARMY
DEFENSE EXPORTS AND COOPERATION (DASA-DEC)
DEPARTMENT OF THE ARMY

DEPUTY ASSISTANT SECRETARY OF THE NAVY
INTERNATIONAL PROGRAMS (NAVIPO)
DEPARTMENT OF THE NAVY

DEPUTY UNDER SECRETARY OF THE AIR FORCE
INTERNATIONAL AFFAIRS (SAF/IA)
DEPARTMENT OF THE AIR FORCE

DIRECTOR, DEFENSE LOGISTICS AGENCY

DIRECTOR, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY

DIRECTOR, DEFENSE THREAT REDUCTION AGENCY

DIRECTOR, DEFENSE REUTILIZATION AND MARKETING SERVICE

DIRECTOR, DEFENSE CONTRACT MANAGEMENT AGENCY

DIRECTOR, DEFENSE INFORMATION SYSTEMS AGENCY

DIRECTOR, DEFENSE LOGISTICS INFORMATION SERVICE

DEPUTY DIRECTOR FOR INFORMATION ASSURANCE,
NATIONAL SECURITY AGENCY

DEPUTY DIRECTOR FOR SECURITY ASSISTANCE,
DEFENSE FINANCE AND ACCOUNTING SERVICE - DENVER CENTER

CC :

STATE/PM-RSAT
DISAM
USASAC
SATFA TRADOC
NAVICP
NETSAFA
AFSAC
AFSAT
JFCOM
SOCOM
CENTCOM
EUCOM
NORTHCOM
PACOM
SOUTHCOM

Category III Missiles
Stand-off Land Attack Missile-Expanded Response (SLAM-ER),
Air Intercept Missile-9X (AIM-9X), and Harpoon Block II)
Standard LOA Note Addition
[SAMM E-Change 39]

Add the following note to the Security Assistance Management Manual (SAMM), Chapter 5, Table C5.T5.

Note Name Note Usage Note Text
Category III Missiles (Stand-off Land Attack Missile-Expanded Response (SLAM-ER), Air Intercept Missile-9X (AIM-9X), and Harpoon Block II) Mandatory for LOAs that include, SLAM-ER, AIM-9X, Harpoon Block II Missiles, retrofit kits and support equipment.
Mandatory for Amendments and Modifications that add SLAM-ER AIM-9X, Harpoon Block II missiles, retrofit kits, and support equipment.
See Chapter 8, paragraph C8.3.7.
  1. The [insert missile name] weapon system is accorded Category III protection as addressed in Department of Defense (DoD) 5100.76-M (current revision), "Physical Security of Sensitive Conventional Arms, Ammunition, and Explosives." [For AIM 9X only insert: The AIM-9X subsections, specifically, the seeker/guidance section, target detector, and warhead, are accorded Category II storage protection with an intrusion detection system (IDS)/24-hour armed guard or are continuously manned or under constant surveillance in such a manner that unauthorized entry into and around the storage structures can be detected. The AIM-9X end item is accorded Category III storage protection with intrusion detection system/alarm system or 24-hour guard. Specific requirements shall be documented and agreed upon during the site visit referenced in paragraph 6 of this note and implemented prior to delivery of the missile system.] This includes the missile and all specific support equipment, such as loaders, trailers, and cable harnesses. Specific requirements shall be documented and agreed upon during the site visit referenced in paragraph 6 and implemented prior to delivery of the missile system. The Purchaser agrees to adhere to the security requirements as outlined in the following paragraphs. The Purchaser agrees to perform inventory checks and allow United States Government (USG) inventory verifications.

  2. The weapon system shall be stored in facilities that are at least equivalent in strength to USG requirements. Specific requirements for storage shall be agreed upon and met prior to delivery of the missile system. USG representatives shall be allowed to verify security measures and procedures prior to the delivery of weapon system.

    1. Inventory and Accountability Documentation: Purchaser will have procedures in place that provide a continuous accounting of missile receipt, transfer, storage, shipment, and/or destruction/demilitarization. The Purchaser agrees to inventory 100% of the missiles on this LOA (missile to serial number) on a monthly basis. The USG will be permitted, at its discretion, to conduct an assessment of accountability measures and, if required, inventory 100% of all missiles transferred under this LOA. Inventory and accountability documentation maintained by the Purchaser shall be retained throughout the period of ownership and will be made available for review upon USG request. Purchaser will immediately notify the USG (through the Security Assistance Organization (SAO) to DSCA) of any missile expenditures, compromises, or losses and provide necessary assistance if the USG desires to initiate recovery operations.

    2. Storage of Hardware and Technical Data: Storage of missile hardware and technical data will meet U.S. standards for safeguarding the missile. The Purchaser will maintain strict accountability records on all classified information provided by the USG related to the missiles including extracts and copies. These records will include documentary evidence of any weapon systems or components that are lost or destroyed. Such records shall, to the extent possible, be centralized.

  3. The Purchaser will report immediately to the SAO or other appropriate USG representative any allegations, confirmed or unconfirmed, of missile hardware, technology or software released, or compromised to unauthorized nationals, third country nationals, or a foreign government. The Purchaser will also report any allegation, report, or evidence of unauthorized attempts to collect information on the missile program.

  4. Operational and Intermediate Level Maintenance. Military or civilian employees of the Purchaser at military establishments will accomplish operational and intermediate level maintenance. Third-country nationals, industries or their representatives cannot perform maintenance functions unless approved in writing by the USG. [For AIM 9X only insert: Upon approval by the USG, the Purchaser's industry access to AIM-9X will be limited to oral and visual information necessary to integrate the AIM-9X on the Purchaser's aircraft. A list of the Purchaser's industry personnel authorized access to AIM-9X will be maintained by the Purchaser and a copy of such list will be provided to the USG, as required.]

  5. Depot Level Maintenance. Missiles or subcomponents that require depot level repair will be transported to designated depot level repair facilities in the United States under proper security procedures unless the USG specifically authorizes the Purchaser to accomplish Depot Level maintenance.

  6. Site Survey: In accordance with the Security Assistance Management Manual, Chapter 8, prior to the delivery of the missiles, the USG will conduct an in-country site survey of the physical security measures at all facilities of the Purchaser designated for storage or maintenance of the weapon system. This includes the missile and all support equipment such as loaders, trailers, and cable harnesses.

    1. The USG will provide to the Purchaser a security checklist and serial numbers that should be referenced during the site survey and throughout the life of the weapon system. The checklist is used to indicate that the integrity of security measures in place for weapon system maintenance and storage will insure the same level of security protection as the USG.

    2. Deficiencies identified during the site survey must be corrected prior to any weapon system deliveries.

    3. The Purchaser agrees to adhere to security requirements associated with the weapon system for the life cycle of the systems. The Purchaser agrees to allow USG verification of security arrangements for the protection of the weapon system on both a scheduled and unscheduled basis.

  7. End Use Monitoring: The purchaser understands that this system has been designated for Enhanced End Use Monitoring. This will include, but not be limited to, a USG inventory of missiles listed in this offer by serial number, and a USG review of security controls and procedures, inventory and accountability documentation, distribution of assets (i.e., a plan for in-country movement) or plan for repair and return, transportation, access controls, storage of hardware and technical data.

  8. Transportation of the weapon system will meet U.S. standards for safeguarding classified material in transit. The transportation plan must be coordinated and approved by [insert appropriate office] prior to delivery of the weapon system to the Purchaser.

  9. The purchaser will obtain USG disposition instructions that either direct transporting missile sections back to the USG or another designated staging area, and/or provide comprehensive guidance on demilitarization/disposal management for in-country incineration. The USG disposition instructions indicate parties in the USG that must be contacted prior to any demilitarization/disposal effort.

Add the following paragraph to Chapter 8 as paragraph C8.3.8. and renumber subsequent paragraphs.

C8.3.7. Category III Missiles (Stand-off Land Attack Missile-Expanded Response (SLAM-ER, Air Intercept Missile-9X (AIM-9X), and Harpoon Block II). For each FMS offer of Category III (SLAM-ER, AIM-9X, and Harpoon Block II) missiles, the MILDEP adds a note to the LOA that identifies physical security and accountability requirements. For the AIM-9X Category III Missile, the LOA note includes an additional section to address the Category II components associated with the missile. See Chapter 5, Table C5.T5, for the exact note wording.

Revise paragraph C8.3.2 in Chapter 8 as shown in italics:

C8.3.2. Arms, Ammunition and Explosives (AA&E). AA&E items require special protection and the requestors must submit a plan for safeguards of these items during the Letter of Request (LOR) and/or Pre-LOA process. The Department of Defense applies stringent AA&E controls while items are in U.S. custody and the same standards must be applied to the items upon release to the purchaser. Although recipient countries seldom assume control of sensitive AA&E items within the continental United States, except as cargo loaded and prepared for departure, USG security standards must apply throughout the lifecycle of the weapon system (i.e., transportation, delivery, operational use, storage, and destruction processes). Additionally, a site survey may be required to insure that appropriate physical security measures are in place at the destination prior to the delivery of the weapon systems. See DoD 5100.76-M, and the SAMM, (reference (ai) and SAMM Chapter 7, section C7.17), for more information regarding AA&E items. If AA&E items replace obsolete U.S.-origin or licensed items in the purchaser's inventory, a disposal plan for the items being replaced must be submitted with the LOR.