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DSCA 10-65

Memo Status : Active
DoD Shield

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

5/16/2011

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 :

Electronic Warfare (EW) Systems and EW Integrated Reprogramming Data Base (EWIRDB), DSCA Policy 10-65, [SAMM E-Change 172]

This memorandum updates Chapter 3 of the Security Assistance Management Manual by providing information and guidance regarding EW Systems to include the release process, Letter of Offer and Acceptance requirements, and organization responsibilities regarding EW Systems.

Effective immediately, Chapter 3 of the SAMM is updated as attached. This change will be included in the automated version of the SAMM found on the Defense Security Cooperation Agency Web page, www.dsca.mil, as SAMM E-Change 172. For questions concerning this policy, please contact Ms. Holly Haverstick, PGM/WPN, at holly.haverstick@dsca.mil or (703) 604-6601. For general questions concerning the SAMM, please contact Mr. Kent Bell, STR/POL, kent.bell@dsca.mil or (703) 604-6612.

William E. Landay III
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

Security Assistance Management Manual (SAMM), E-Change 172

  1. Add paragraph C3.3.8. as follows:

    C3.3.8. ELECTRONIC WARFARE (EW) SYSTEMS AND EW INTEGRATED REPROGRAMMING DATA BASE (EWIRDB)

  2. Add paragraphs below:

    C.3.3.8.1. Electronic Warfare (EW) Systems and EW Integrated Reprogramming Data Base (EWIRDB) Definition. EW Systems (e.g., radar warning receivers and jammers) are designed to deny or counteract the enemy's use of electromagnetic (EM) emitters, e.g., radar, communications, guidance, detection, and control devices. The sale of an EW capability involves the transfer of the EW system hardware, firmware, and software. The software typically includes a mission data file (MDF) or library which contains information/data related to EM emitters. The EWIRDB is the primary DoD source for technical parametric performance data on EM emitters and is used to program/reprogram the MDF to correctly identify emitters by their EM characteristics. Prior to offering an LOA to the FMS customer that includes an EW system, the FMS Implementing Agency must review all EW system components to verify the system, to include the MDF, has been approved for release and certified in writing by the appropriate DoD authorities (i.e. National Security Agency (NSA), National Air and Space Intelligence Center (NASIC), Defense Intelligence Agency (DIA), and applicable program offices). If an EW system is not certified in writing prior to sale, the FMS purchaser must be advised and the FMS Implementing Agency must ensure a plan is in place to obtain data protection certification from the NSA prior to delivery. Delivery cannot take place without this certification. An exception to the data protection certification requirement is when the FMS customer uses its own technical parametric performance data instead of DoD data.

    C.3.3.8.2. FMS EWIRDB Types. The FMS EWIRDB is used to create the MDF or library for EW systems. There are two types of FMS EWIRDB, Direct and Indirect. A Direct FMS EWIRDB is delivered directly to the FMS customer and provides data required for an In-Country Reprogramming (ICR) capability for the EW system. An Indirect FMS EWIRDB is delivered to the U.S. reprogramming facility that will develop the MDF for the requesting country's EW system. Both Direct and Indirect EWIRDBs must go through the release processes described below prior to the FMS sale.

    C.3.3.8.3. EW Release Process. An LOR advisory should be issued to NSA and the applicable MILDEPs by DSCA (Operations Directorate) when an LOR is received for an EW system that will be used on a country's weapon system for the first time. This advisory will notify the EW community of the pending request so that the evaluation process can begin. It is critical that the evaluation process be initiated as soon as possible due to the amount of time required to complete the process.

    C.3.3.8.4. Release of Classified Military Information. EW systems that use classified military information are subject to a releasability review and approval as defined in the National Disclosure Policy (NDP-1). In addition to possible classified system hardware and software, the system MDF may include classified data. Approvals for release of U.S. classified data are required before an LOA can be offered to a purchaser.

    C.3.3.8.5. EW System Requirements. All U.S. origin systems that are being considered for export require NSA Data Protection Certification prior to handling classified data. In addition, Anti-Tamper (AT) review by the DoD AT Executive Agent (ATEA) is required as noted in C3.4. of the SAMM. It is the responsibility of the Implementing Agency (IA) and the vendor to ensure the system is NSA certified prior to loading classified information. A copy of the accreditation should be provided to DSCA (Programs Directorate) by the IA. During LOA development, the IA should identify a plan that incorporates all the required acquisition milestones. Such a plan will ensure delivery of a weapon system platform that provides all the required capabilities, to include EW. The IA should also incorporate any leadtime or costs into the FMS LOA required for NSA certification, in the event an EW system is offered but not yet certified.

    C.3.3.8.6. FMS EWIRDB Release in Principle. Prior to offering an LOA for FMS EWIRDB support, there must be an approved and valid Release in Principle (RIP) in place for the use of the Direct or Indirect FMS EWIRDB. The FMS EWIRDB RIP is issued by NSA for a particular country on a specific weapon system platform, and is not related to a COMSEC RIP. Once the IA Program Office or vendor determines there is an FMS EWIRDB requirement, a request for a RIP should be submitted to the appropriate IA EW point of contact listed in Table C3.T5. The IA will designate a point of contact for receipt of these requirements to ensure consistency in the submissions to the DoD authorities. The request for a RIP will be submitted to the DoD disclosure authorities (Table C3.T5.). At a minimum, these requests will identify the requesting country, platform, type of database (Direct/Indirect) and EW system nomenclature, if known. Once the RIP is granted, an LOA for FMS EWIRDB support can be offered to the purchaser. The IA should enter comments in DSAMS case remarks stating that an EW RIP has been granted, citing the approving agency, date of grant, and point of contact.

    C.3.3.8.7. FMS EWIRDB Release in Specific. Upon acceptance by the customer of an LOA for an EW system with FMS EWIRDB support, the IA EW point of contact will coordinate with the country to determine the desired data to be incorporated into the FMS EWIRDB. This information, along with the identified recipient country, platform, type of database (Direct/Indirect) and EW system will be used by the EW points of contact at the applicable IA to develop a request for a Release in Specific (RIS). The RIS will be submitted to the DoD disclosure authorities for approval. If approved, the RIS will authorize the EWIRDB executive agent, the National Air and Space Intelligence Center (NASIC) to begin the development of an FMS EWIRDB for a particular country, platform, and EW system as funded by an FMS LOA. Table C3.T5. lists organizations and their EW responsibilities.

    Table C3.T5. EW Responsibilities

    Organization Responsibility

    DSCA

    • Prepares LOR Advisory for potential sale of EW system

    • Reviews LOA prior to offer to ensure appropriate reviews have been accomplished

    Implementing Agencies

    • Provides copy of LOR to DSCA with details on what EW system will be proposed for potential platform sale, to be used for LOR advisory

    • Determine if proposed EW system has been certified by NSA for handling of classified data

    • Incorporate required EW costs and program schedule impacts into LOA; advise purchaser of certification status and potential schedule risks and impacts

    • Reviews LOA and verifies appropriate reviews have been accomplished prior to being offered to customer

    Implementing Agency EW Points of Contact
    - Air Force (Deputy Under Secretary of the Air Force for International Affairs Regional Weapons Division) (SAF/IARW)
    - Army (Deputy Assistant Secretary of the Army for Defense Exports and Cooperation) (SAAL-NI)
    - Navy (Navy International Programs Office Strategic Planning Directorate) (Navy IPO-03)

    • Process any required disclosure requests for applicable classified military information

    • Work with program office and vendor to develop technical documentation required for evaluation of EW systems data protection

    • Evaluate requirement to determine if RIP has been granted for a particular system. If not, submit request for RIP to DIA, NSA and SIGCOM for approval/authorization

    • Upon LOA signature work with purchaser as applicable to identify data base requirements and submit request for RIS to DIA, NSA and SIGCOM for approval/authorization

    • Validate that LOA is written appropriately to incorporate specific EW verbiage.

    Defense Intelligence Agency (DIA)

    • Review and process Service requests for EW system RIP and RIS

    National Security Agency (NSA)

    • Review and process Service requests for EW system RIP and RIS

    • Review and provide guidance for data protection certification for EW systems

    National SIGINT Committee (SIGCOM)

    • Review and process Service requests for EW system RIP and RIS

    Purchaser

    • Upon LOA signature participate in dialog with IA FMS offices to identify required data to be included in EW data base

    C.3.3.8.8. LOA Requirements. All LOAs that offer EW systems and/or data base support must clearly identify, in the LOA notes, the nomenclature of the EW system components, the type of data base support being provided and the platforms associated with the EW system and/or data base support. The LOA notes must clearly state if an EW system is not certified prior to the LOA being offered.