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DSCA 07-30

Memo Status : Active
DoD Shield

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

8/27/2007

MEMORANDUM FOR :

SEE DISTRIBUTION

SUBJECT :

Revision to Codes "B6" and "B7" for Afghanistan Security Forces Fund (ASFF) and Iraq Security Forces Fund (ISFF) Letters of Offer and Acceptance (LOAs), DSCA Policy 07-30 [SAMM E-Change 84]

Effective immediately, SAMM Table C4.T2., Country, International Organization, and Regional Codes and FMS Eligibility, is updated to revise code "B6" to track funds provided under the Fiscal Year 2007 Department of Defense Appropriations Act, Public Law 109-289, September 29, 2006, for the Afghanistan Security Forces Fund (ASFF) as supplemented by the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (P.L. 110-28), May 25, 2007. Code "B7" will be used to track funds provided under this law for the Iraq Security Forces Fund (ISFF). The Defense Security Cooperation Agency must authorize the use of and assign the designators for these codes for preparation of LOAs.

The following information applies:

Organization FMS
Code
Combatant
Command
\1
Regional
Grouping
\2
FMS/AECA
Eligible
\3
Term of Sale -
Dependable Undertaking
Authorized
Accel. Case
Closure Eligible
Fiscal Year 2007 DoD Appropriations Act (Public Law 109-289) (Sep 29, 2006)) as supplemented by PL 110-28 (May 25, 2007) Afghanistan Security Forces Fund B6 CE NR No No N/A
Fiscal Year 2007 DoD Appropriations Act (Public Law 109-289) (Sep 29, 2006)) as supplemented by PL 110-28 (May 25, 2007) Iraq Security Forces Fund B7 CE NR No No N/A

This change will be included in the automated version of the SAMM found on the DSCA Web Page as SAMM E-Change 84 and rescinds DSCA Policy 07-25, SAMM E-Change 82, "Assignment of Codes "B8" and "B9" for Afghanistan Security Forces Fund (ASFF) and Iraq Security Forces Fund (ISFF) Letters of Offer and Acceptance (LOAs)." The change was needed to better facilitate execution of these programs.

The procedures for pseudo LOAs to be authorized and funded using ASFF and ISFF are similar to those found in SAMM, Chapter 11, C11.3., Counter-Narcotics Assistance National Defense Authorizations Acts, Sections 1004 and 1033 and originally provided under DSCA Policy 06-50; however, certain references to the Arms Export Control Act are revised. Attached are specific case preparation instructions, to include LOA notes, for these requirements using the ASFF and ISFF, which are available for obligation until 30 September 2008.

If you have questions concerning the attached guidance, please contact Ms. Kathy Robinson, STR/POL, kathy.robinson@dsca.mil, (703) 601-4368.

Freda J. Lodge
Principal Director
Strategy

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
USDP/ISP
DISAM
USASAC
SATFA TRADOC
NAVICP
NETSAFA
AFSAC
AFSAT
JFCOM
SOCOM
EUCOM
CENTCOM
NORTHCOM
PACOM
SOUTHCOM

LOA Notes for PL 109-289, as supplemented by PL 110-28, Pseudo LOAs

Note Name Note Usage Note Text
Authority for Sale PL 109-289 Programs as supplemented by PL 110-28 Mandatory for all PL 109-289 as supplemented by PL 110-28 Pseudo LOAs. "This sale is made under the authority of PL 109-289 as supplemented by PL 110-28. Any reference in this Letter of Offer and Acceptance to the United States Arms Export Control Act, to defense articles, and to defense services shall be construed instead to be a reference to PL 109-289 as supplemented by PL 110-28. Any reference in this LOA to "purchaser" shall be construed as a reference to the Department of Defense."
Case Closure PL 109-289 Programs as supplemented by PL 110-28 Mandatory for all PL 109-289 as supplemented by PL 110-28 Pseudo LOAs. "This case must be fully reconciled and closed by 30 September 2013."
Funds, Purpose, Availability, and Amount PL 109-289 Programs as supplemented by PL 110-28 Mandatory for all PL 109-289 as supplemented by PL 110-28 Pseudo LOAs. "The funds financing this Pseudo Letter of Offer and Acceptance (LOA) are expiring funds and are subject to all the requirements and restrictions under the heading of PL 109-289 as supplemented by PL 110-28. The funds provided carry the same time, purpose, and availability restrictions associated with fund source [insert 21 7/8 2091 for Afghanistan Security Forces Fund], or [21 2007 2092 for Iraq Security Forces Fund].
  1. Failure to obligate the funds during the period of availability ending on 30 September 2008 will render them unavailable for new obligations after that date.

  2. All funds must be expended on or before 30 September 2013.

  3. Total funds available for expenditure against this Pseudo LOA are limited to the value of [insert dollar value].

  4. Amendments or Modifications to this Pseudo LOA are only authorized with DSCA written approval."

Nonrecurring Costs - USG Appropriation Mandatory for LOAs when an NC charge applies but the case is financed by a USG appropriation.
Mandatory for Amendments or Modifications when the case is financed by a USG appropriation and: (1) line items are added and the NC charge applies to the new lines; or (2) quantities are increased on line items where an NC charge applies.
See Chapter 9, C9.4.5.
"Nonrecurring Costs (NC) apply to line item(s) [insert line item numbers] of this case. These charges are not included on this case because the case is financed with a USG appropriation."