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DSCA 08-07

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

3/14/2008

MEMORANDUM FOR :

SEE DISTRIBUTION

SUBJECT :

Repeal of the American Servicemembers' Protection Act of 2002 (ASPA), DSCA Policy 08-07

On October 17, 2006, section 1222 of the John Warner National Defense Authorization Act (NDAA) for Fiscal Year 2007 (Public Law 109-364) removed International Military Education and Training (IMET) as one of the types of military assistance prohibited pursuant to ASPA.

On January 28, 2008, President Bush signed the NDAA for Fiscal Year 2008 (Public Law 110-181). Section 1212 of the FY 2008 NDAA repealed the ASPA prohibition on the provision of military assistance.

As a result of this change in legislation, the State Department has announced that the remaining restrictions placed on provision to certain countries of grant assistance, including Foreign Military Funds (FMF), Excess Defense Articles (EDA), and certain drawdowns have been lifted. Uncommitted FMF funds that were frozen when Barbados, Bolivia, Costa Rica, Croatia, Ecuador, Kenya, Mali, Namibia, Niger, Paraguay, Peru, South Africa, St. Vincent & the Grenadines, Tanzania, Trinidad & Tobago, and Uruguay became subject to the ASPA prohibition are now available for expenditure in support of planned activities. The USG may now provide EDA pursuant to Section 516 of the Foreign Assistance Act of 1961, as amended, to countries that are parties to the Rome Statute, which established the International Criminal Court, that are otherwise eligible to receive such assistance.

For questions, please contact Mr. Mike Slack, DSCA/STR-POL, at 703-601-3842 or e-mail: michael.slack@dsca.mil.

Freda J. Lodge
Principal Director
Strategy

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 - INDIANAPOLIS OPERATIONS

CC :

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