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DSCA 10-23

Memo Status : Active
DoD Shield

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

4/5/2010

MEMORANDUM FOR :

DEPUTY UNDER SECRETARY OF THE AIR FORCE
FOR INTERNATIONAL AFFAIRS

DEPUTY ASSISTANT SECRETARY OF THE ARMY
FOR DEFENSE EXPORTS AND COOPERATION

DEPUTY ASSISTANT SECRETARY OF THE NAVY
FOR INTERNATIONAL PROGRAMS

DIRECTOR, DEFENSE CONTRACT MANAGEMENT AGENCY

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

DIRECTOR, DEFENSE INFORMATION SYSTEMS AGENCY

DIRECTOR, DEFENSE LOGISTICS AGENCY

DIRECTOR, DEFENSE LOGISTICS INFORMATION SERVICE

DIRECTOR, DEFENSE REUTILIZATION AND MARKETING SERVICE

DIRECTOR, DEFENSE THREAT REDUCTION AGENCY

DIRECTOR, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY

DEPUTY DIRECTOR FOR INFORMATION ASSURANCE,
NATIONAL SECURITY AGENCY

SUBJECT :

Timely Processing of Foreign Military Sales (FMS) Letters of Request (LORs) (DSCA Policy 10-23), [SAMM E-Change 161]

The first step in the FMS process is the submission of an LOR for defense articles and services by an eligible foreign country or international organization. Recent Lean Six Sigma efforts across the security cooperation community have highlighted the importance of timely processing of LORs, as well as completeness of LORs for preparing a Letter of Offer and Acceptance (LOA). This memorandum updates Chapter 5 of the Security Assistance Management Manual (SAMM) pertaining to LOR processing timelines. It also emphasizes the need for communication with the Security Cooperation Organizations and DSCA Operations Directorate regarding LORs. Together, with parallel efforts to address LOR quality and standards for LOA development, our community will improve its support to purchasers using the FMS process. DSCA will review the results of this guidance periodically with the Security Cooperation Business Forum.

If you have questions concerning this guidance please contact Tom Keithly, DSCA-OPS/EAF, thomas.keithly@dsca.mil, 703-604-6636. For questions on SAMM policy, please contact Ms. Kathy Robinson, DSCA-STR/POL, kathy.robinson@dsca.mil, (703) 601-4368.

Jeffrey A. Wieringa
Vice Admiral, USN
Director

ATTACHMENT :
As stated

CC :

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

ATTACHMENT 1:
Security Assistance Management Manual (SAMM), E-Change 161

1) Replace Chapter 5, C5.1., in its entirety with the following:

C5.1. LETTER OF REQUEST SUBMISSIONS

C5.1.1. General. The Foreign Military Sales (FMS) process begins when an eligible foreign country or international organization requests information on defense articles or services being considered for purchase. All requests, generally referred to as Letters of Request (LORs), whether provided through formal correspondence, requests for proposal (RFPs), or via discussions, electronic mail (e-mail), letters, or messages, must be answered consistent with the legal provisions under which the FMS program operates. All requests for information require the same channels of submission (see paragraph C5.1.3.).

C5.1.2. LOR Format. Although no specific format is required for an LOR, the purchaser shall ensure that the request is complete. The LOR shall identify the desired defense articles and/or services in sufficient detail for the United States Government (USG) to prepare an accurate cost estimate. The request shall include the proposed method of financing. The LOR should indicate whether Price and Availability (P&A) data, a Letter of Offer and Acceptance (LOA), an LOA Amendment, or an LOA Modification is desired. Requests for blanket order LOAs must include the desired materiel and services value or the desired total case value. The LOR must contain the name and address of the originator and a traceable reference number (e.g., letter serial number). If the request is received verbally, a memorandum for record (MFR) must document the conversation and outline the required information. If the request is received during a meeting or conference, the minutes should specify the action requested and be signed by an appropriate purchaser representative. LORs transmitted by United States (U.S.) Embassies or Security Cooperation Organizations (SCOs) should refer to the country letter or message requesting the data.

C5.1.3. LOR Submission Procedures

C5.1.3.1. Significant Military Equipment (SME) Requests. SME requests that originate in-country are addressed to the cognizant Department of Defense (DoD) Component with information copies to the DoS (Bureau of Political-Military Affairs) (DoS (PM)), the Defense Security Cooperation Agency (DSCA) (Operations Directorate), and the Combatant Command. Requests regarding SME that originate with purchaser representatives in the United States are also addressed to the cognizant DoD Component with information copies to DoS (PM), DSCA (Operations Directorate), and the SCO. If it appears that the DoS (PM), DSCA (Operations Directorate), and the SCO are not on distribution for a purchaser's request, the DoD Component must furnish copies to these organizations as quickly as possible.

C5.1.3.2. Non-Significant Military Equipment Requests. Non-SME requests that originate in-country are transmitted either by the purchaser's authorized representative or the DoD element of the U.S. country team to the appropriate DoD Component with information copies to the Combatant Command and DSCA (Operations Directorate). Requests originated by foreign representatives of the purchaser in the United States, are sent to the appropriate DoD Component with information copies to DSCA (Operations Directorate) and the SCO. If it appears that the DSCA (Operations Directorate) and the SCO are not on distribution for a purchaser's request, the DoD Component must furnish copies to these organizations as quickly as possible.

C5.1.3.3. Major Defense Equipment (MDE) Requests. For Major Defense Equipment (MDE) items, the DoD Component provides the applicable Combatant Command and SCO with a copy or details of the purchaser's request, as appropriate. The U.S. Embassy or SCO must provide the information in Table C5.T1., commonly referred to as the "country team assessment," in the request transmission.

Table C5.T1. Country Team Assessment - Required Information

Country Team Assessment - Required Information
1 Reason the purchaser desires the articles or services.
2 How the articles or services would affect the recipient's force structure.
3 How the articles or services would contribute to both the U.S. and the recipient's defense/security goals.
4 Justification for the type and quantity of articles or services requested.
5 Combatant Commander's concurrence to the introduction of a new warfighting capability to the nation or region. Combatant Commander's assessment can be provided separately.
6 Anticipated reactions of neighboring nations.
7 Assessment of the nation's ability to account for, safeguard, operate, maintain, and support the articles.
8 Training required either in-country or in the United States and anticipated reactions resulting from the presence of U.S. trainers in-country.
9 Possible impact of any in-country U.S. presence that might be required as a result of providing the article.
10 Source of financing and the economic impact of the proposed acquisition.
11 Human rights considerations relevant to the proposed acquisition.
12 A plan for end-use monitoring for sensitive and advanced warfighting technology and the SCO's plan for compliance verification.
13 Recommendation whether the USG should approve transfer of the article and justification.
14 If the request is for Night Vision Devices (NVDs), the following information must be provided:
  • Justification for the type and quantity of NVDs requested (LOR development may require coordination with MILDEP for recommended model/quantity).
  • The operational plan for use and specific end-users to include:
  • Description of the primary mission for the units to receive the NVDs
  • Extent of military interoperability missions/training with U.S. Forces
  • Extent of anti-terrorist missions for the units to receive the NVDs
  • Assessment of the purchaser's capacity to afford substantially the same degree of security and accountability protection as given by the
  • United States and willingness to accept the NVD physical security and accountability note contained in Table C5.T5.
  • The SCO plan for EUM and compliance verification.
  • Additional information in support of the transfer request (e.g., status of previous NVD transfers and results of past U.S. security inspections/inventories).

C5.1.3.4. LORs Submitted by Electronic Mail. To send LORs via electronic means, purchasers must provide a list of authorized signers and senders to the Implementing Agency. LORs submitted using electronic means must be submitted through appropriate channels required in sub-paragraphs C5.1.3.1., C5.1.3.2., and C5.1.3. 3. Purchasers who wish to submit LORs electronically should contact the U.S. Implementing Agency to determine if a file naming convention should be used. Electronic mail attaching the signed LOR is the preferred means of transmission. Information copies of electronic LORs for DoS (PM) should be sent to: pm-rsat-lor@t.state.gov. To submit electronic information copies of LORs to the DSCA (Operations Directorate), purchasers should contact their DSCA Country Program Director (CPD) for the individual e-mail addresses.

C5.1.3.5. The DoD Components Authorized to Receive LORs. Certain USG organizations (Implementing Agencies) are authorized to receive and respond to LORs. Table C5.T2. identifies these agencies and their addresses.

Table C5.T2. Implementing Agencies Authorized to Receive Letters of Request (LORs)

IA Name IA Code Purpose Address
Army B
Action Address for LORs other than those for Training and Construction Commander, U.S. Army Security Assistance Command (USASAC)
Attention: USASAC LOR-Inbox
7613 Cardinal Road
Redstone Arsenal AL 35898-5000
Messages for LORs other than those for Training and Construction CDRUSASAC FORT BELVOIR VA//AMSAC-PW-PO//
E-Mail Address for LORs other than those for Training and Construction USASAC-LOR-INBOX@conus.army.mil
Action Address for LORs for Training Security Assistance Training Field Activity (SATFA)
HQ TRADOC SATFA
173 Bernard Road, Building 139
Fort Monroe VA 23651-1003
Messages for LORs for Training DIR SATFA FT MONROE//VA///
E-Mail Address for LORs for Training Contact individual SATFA Country Program Managers for e-mail address.
Action Address for LORs for Construction U.S. Army Corps of Engineers
HQUSACE
441 G Street NW
ATTN: CEMP-M
Washington DC 20314-1000
Messages for LORs for Construction CDRUSACE WASHINGTON DC\\CEMP-M\\
E-Mail Address for LORs for Construction Contact individual USACE point of contact (POC) for e-mail address.
Information Address for all LORs Department of the Army
Deputy Assistant Secretary of the Army for Defense Exports and Cooperation
ATTN: SAAL-NP
1777 North Kent Street, Suite 8200
Arlington VA 22209
Message Information Address for all LORs DA WASHINGTON DC//SAAL-NP//
Navy P
Action Address for all LORs Department of the Navy
Navy International Programs Office
ATTN: 02C1
2521 South Clark Street, Suite 800
Arlington, VA 22202-3928
Messages for all LORs NAVY IPO WASHINGTON DC
E-Mail Address for all electronic LORs NAVYIPOLORS@navy.mil, with copy to Country Program Director's e-mail address.
Air Force D
Action Address for LORs for Communications, Electronics, Aircraft, and Missile Systems SAF/IAR
1080 Air Force
Washington DC 20330-1080
Message Address for LORs for Communications, Electronics, Aircraft, and Missile Systems OSAF WASHINGTON DC//IA//IAPX//
E-Mail Address for electronic LORs for Communications, Electronics, Aircraft, and Missile Systems Europe/NATO/Eurasia Division: safiare.workflow@pentagon.af.mil
Americas Division: safiarl.workflow@pentagon.af.mil
Mid-East/Africa Division: safiarm.workflow@pentagon.af.mil
Pacific Division: SAF/IARP W safiarp.workflow@pentagon.af.mil
Gulf Cooperation Council Division: safiarg.workflow@pentagon.af.mil
Security Assistance Policy and International Training and Education Division: safiapx.workflow@pentagon.af.mil
Action Address for LORs for Follow-On Support 555 IGP
1822 Van Patton Drive
Wright-Patterson AFB OH 45433-5337
Message Address for LORs for Follow-On Support AFSAC WRIGHT PATTERSON AFB OH//CC//GB//
E-Mail Address for electronic LORs for Follow-On Support afsac.loa@wpafb.af.mil
Action Address for LORs for Training AFSAT/CCA 315 J Street West Randolph AFB TX 78150-4354
E-mail Address for electronic LORs for Training afsat.loa@randolph.af.mil
DCMA - Defense Contract Management Agency F
Action Address for LORs for Contract Administration Services (CAS) Defense Contract Management Agency
Attn: DCMA-FBFR
6350 Walker Lane Suite 300
Alexandria VA 22310
Message Address for LORs for CAS DCMA ALEXANDRIA VA//FBFR
E-Mail Address for electronic LORs for CAS dodccp@dcma.mil
DISA - Defense Information Systems Agency C Action Address for applicable LORs Defense Information Systems Agency
Attn: IN32
5600 Colombia Pike
Falls Church VA 22041-2717
DLA - Defense Logistics Agency R
Action Address for LORs for Excess Property Defense Reutilization and Marketing Service
74 N. Washington Street
Attn: DRMS-J361
Battle Creek MI 49037-308
Message Address for LORs for Excess Property DRMS BATTLE CREEK MI//DRMS//J361//
Action Address for LORs for Cataloging Services Defense Logistics Information Service
74 N. Washington Street
Attn: DLIS-VBC
Battle Creek MI 49037-3084
Message Address for LORs for Cataloging Services DLIS BATTLE CREEK MI//DLIS/VBC//
DSCA - Defense Security Cooperation Agency Q
Information Address for all LORs Defense Security Cooperation Agency
Attn: [insert applicable Operations Directorate]
201 12th Street South, Suite 203
Arlington VA 22202
Message Address for information copies of all LORs SECDEF//USDP:DSCA//[insert applicable Operations Division]
E-Mail Address for information copies of electronic LORs Contact individual DSCA CPD for e-mail address
DTRA - Defense Threat Reduction Agency Z Action Address for all applicable LORs Defense Threat Reduction Agency (DTRA)
Attn: RMBP
8725 John J. Kingman Road
MSC 6201
Fort Belvoir VA 22060-6201
NGA - National Geospatial-Intelligence Agency U Action Address for all applicable LORs National Geospatial-Intelligence Agency
Office of International Affairs and Policy
Mail Stop D-120
4600 Sangamore Road
Bethesda MD 20816-5003
NSA - National Security Agency M Action Address for all applicable LORs National Security Agency
9800 Savage Road
Suite 6576
Ft Meade MD 20755-6576

C5.1.3.6. Exceptions. LORs may be submitted directly to DoS (PM) and DSCA if:

C5.1.3.6.1. The U.S. Embassy in-country or the purchaser's representative in the United States believes the request is sensitive and requires a higher level policy determination; or

C5.1.3.6.2. The purchaser or the SCO and/or U.S. Embassy cannot determine the appropriate DoD Component.

C5.1.3.7. LOR Receipt Acknowledgement. Within 5 days of receiving the LOR the Implementing Agency will validate (see Chapter 5.1.4.1.) and enter the LOR data into the Defense Security Assistance Management System (DSAMS) as a Customer Request and will acknowledge receipt of the LOR to the prospective purchaser. The Implementing Agency will provide a copy of the LOR to DSCA (Operations Directorate), as well as the applicable SCO, if neither DSCA nor the SCO was on distribution. Implementing Agencies have a goal of 10 days from LOR Receipt to establish the case document in DSAMS, which creates either a Case Initialized Milestone for Basic LOAs or a Document Initialized Milestone for Amendments and Modifications, and generates an automatic transaction ("S1") to the DSCA 1200 system (see Chapter 13). If the Implementing Agency does not allow automatic transmissions from DSAMS to the DSCA 1200 System, the Implementing Agency will submit the initial S1 transaction for Basic LOAs no later than 10 days after receiving the LOR. The Implementing Agency will also provide the Case Identifier to the prospective purchaser, unless the case meets Congressional Notification thresholds (see paragraph C5.6.).

C5.1.3.8. DSCA and DoS LOR Review. Implementing Agencies should begin performing the activities identified in C5.1.3.7. unless they believe the LOR presents cause for concern that should be addressed to DSCA and/or DoS for guidance. At any time during the LOR to LOA process, DSCA and/or the DoS may initiate coordination to approve or disapprove the request, or advise the Implementing Agency to suspend further correspondence until coordination is complete. If the request is disapproved, DSCA formally advises the Implementing Agency to stop processing the purchaser's request, provides the rationale for the decision, and issues guidance concerning further actions. The Implementing Agency will cancel the Case Identifier in DSAMS if it has already been established.

C5.1.3.9. Completing LORs. Implementing Agencies should strive to allow no more than 20 days to pass from LOR Receipt to LOR Complete. This key step reflects internal review by subject matter experts and assures that the LOR contains sufficient information to begin drafting the LOA. If more than 20 days pass between LOR Receipt and LOR Complete, explanatory remarks will be input to the Customer Request window in the Request Status Comments field in DSAMS. DSAMS automatically cancels LORs that reside in DSAMS one year or longer with no associated LOA document.

C5.1.4. LOR Validation

C5.1.4.1. Purchaser Eligibility. The Implementing Agency must validate the LOR to ensure the potential purchaser is an eligible FMS recipient (see C4.2.), that the item sought may be sold (see C4.3.), and that the request was received through proper channels (see paragraph C5.1.3.). The Implementing Agency also checks to see if any sanctions exist that would prevent an LOA from being prepared and/or offered to this purchaser. See Chapter 6, section C6.6. for more information on sanctions. Once validated, the Implementing Agency enters the LOR data as a Customer Request in DSAMS.

NOTE: The remainder of C5.1. from C5.1.4.2. onward remains the same.

2) Remove Chapter 5, paragraph C5.2.1. as it was moved to paragraph C5.1.3.8 and renumber paragraphs and references accordingly.