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DSCA 08-14

Memo Status : Active
DoD Shield

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

6/16/2008

MEMORANDUM FOR :

SEE DISTRIBUTION

SUBJECT :

Title and Custody Transfer for Department of Defense (DoD) Appropriated Pseudo Cases, DSCA Policy 08-14, [SAMM E-Change 106]

This memorandum revises Chapter 5, Table C5.T5., of the SAMM by adding a mandatory note for title and custody transfer for Pseudo Letters of Offer and Acceptance (LOA) documents financed with DoD appropriated funds. The revision formalizes the procedures that take place when defense articles are transferred under the respective authority of the Public Law on the attached listing and the Arms Export Control Act (AECA).

Effective 30 days from the date of signature, the following LOA note must be included when preparing LOAs using the codes on the attached listing. This note should also be added to LOA documents that are being amended or modified; however, there is no need to amend or modify the LOA document only to add this note.

Note Name Note Usage Note Text
Title and Custody Transfer - Public Law [insert Public Law] Authorization for Programs Mandatory for all Pseudo LOA documents funded with DoD appropriations "The U.S. Government will retain title to and custody of the defense articles to be transferred under the authority of Public Law [insert Public Law] and the Arms Export Control Act (AECA), until delivery to the recipient country or authorized international organization. A designated U.S. Government representative will confirm and document delivery of the Public Law [insert Public Law] program materiel to an authorized recipient country representative or agent or to the authorized international organization. This U.S. Government representative will keep documentation showing when, where, and to whom delivery was made for this case. The U.S. Government representative will provide a copy of this documentation to the [insert U.S Army Security Assistance Command, Navy International Programs Office, or Secretary of the Air Force/International Affairs]."

This revision will be included in the automated version of the SAMM found on the Defense Security Cooperation Agency (DSCA) Web Page as SAMM E-Change 106.

If you have any questions concerning guidance for preparing Pseudo LOAs, please contact Mr. Kidd Manville, STR/POL, kidd.manville@dsca.mil, (703) 604-6594.

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

DIRECTOR FOR SECURITY ASSISTANCE ACCOUNTING,
DEFENSE FINANCE AND ACCOUNTING SERVICE - INDIANAPOLIS OPERATIONS

CC :

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

Pseudo LOA Codes Requiring Title and Custody Transfer Notes

Program Pseudo Code Recipient Country Fiscal Year Public Law
Emergency Supplemental Appropriations for Afghanistan Security Forces Fund B2 Afghanistan FY06 P.L. 109-234
Emergency Supplemental Appropriations for Iraq Security Forces Fund B3 Iraq FY06 P.L. 109-234
National Defense Authorization Act (Section 1206) B4 Various FY06 P.L. 109-163, Sec 1206
National Defense Authorization Act (Section 1206) B5 Various FY07 P.L. 109-364, Sec 1206
Fiscal Year 2007 DoD Appropriations Act for Afghanistan Security Forces Fund B6 Afghanistan FY07 P.L. 109-289 as supplemented by P.L. 110-28
Fiscal Year 2007 DoD Appropriations Act for Iraq Security Forces Fund B7 Iraq FY07 P.L. 109-289 as supplemented by P.L. 110-28
National Defense Authorization Act (Section 1206) B8 Various FY08 P.L. 109-364
Consolidated Appropriations Act, Afghanistan Security Forces Fund E3 Afghanistan FY08 P.L. 110-161
Consolidated Appropriations Act, Iraq Security Forces Fund E4 Iraq FY08 P.L. 110-161
DoD Counternarcotics Program, Section 1033 S7 Various N/A NDAA, Sec 1033
DoD Counternarcotics Program, Section 1004 S8 Various N/A NDAA, Sec 1004
Presidential Drawdowns S9 Various N/A FAA, Sec 506(a)(1)
Train and Equip Authority for the Afghanistan National Army Y2 Afghanistan FY04 Sec 1107 of FY04 Supplemental
Train and Equip Authority for the New Iraqi Army Y3 Iraq FY04 Sec 1107 of FY04 Supplemental
Section 9006 of FY05 Defense Appropriations Act for Afghanistan Y5 Afghanistan FY05 P.L. 108-287
Section 9006 of FY05 Defense Appropriations Act for Iraq Y6 Iraq FY05 P.L. 108-287
Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan Y7 Iraq FY04 P.L. 108-106
Afghanistan Security Forces Fund - Emergency Supplemental Appropriations Act Y8 Afghanistan FY05 P.L. 109-13
Iraq Security Forces Fund - Emergency Supplemental Appropriations Act Y9 Iraq FY05 P.L. 109-13