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DSCA 11-49

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

9/22/2011

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 :

Policy Update Regarding Suspension of Foreign Military Financing (FMF) and Foreign Military Sales (FMS) for the Democratic Republic of Congo (DRC), DSCA Policy 11-49

REFERENCE :

 

  1. Department of State (DOS) Policy Memorandum for Deputy Director, Defense Security Cooperation Agency (DSCA), "Policy Update Regarding Suspension of Foreign Military Financing (FMF) and Foreign Military Sales (FMS) for the Democratic Republic of Congo (DRC)", August 22, 2011.

 

This memorandum serves as a policy update in regard to FMF and FMS for the DRC (FMS Country Code CX). Based on a certification recently made by DOS, as required by law regarding certain assistance being provided to countries listed on Tier 3 in the annual Trafficking in Person (TIP) Report, and in response to the above reference (Attachment 1), all FMF for the DRC must be suspended at this time in addition to all FMS activities with the DRC army. DOS has provided the following directions:

  • No new obligations, expenditures, deliveries against, or implementation of cases financed with FMF (regardless of the fiscal year of the funds) for the DRC may occur until after DOS has concluded its examination of whether legal options exist for its resumption;

  • This restriction applies only to FMF, and does not apply to funds appropriated for Peacekeeping Operations (PKO) purposes;

  • No activity against FMS cases financed with national funds with the DRC army should occur until further notice; and,

  • Pseudo cases financed with PKO funds remain unaffected.

DOS will notify DSCA when a determination is made for FMF to be available for execution, to include the purposes and entities for which it can be used by the DRC. DOS will also notify DSCA when FMS to the DRC army may resume. For any questions concerning this memorandum, please contact Mr. Chris Danielewski, DSCA-STR/POL, by phone at (703) 601-4368, or email at, christopher.danielewski@dsca.mil.

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
MDA
DISAM

ATTACHMENT

United States Department of State
Washington, D.C. 20520
AUG 22 2011

UNCLASSIFIED

MEMORANDUM FOR :

DSCA DEPUTY DIRECTOR GENAILLE

FROM :

FROM: PM - Walter D. Givhan

SUBJECT :

 

Suspension of Foreign Military Financing (FMF) and Foreign Military Sales (FMS) for the Democratic Republic of the Congo (DRC)

As a result of a certification the Department of State is required by law to make with respect to certain assistance, including FMF and FMS, that is being provided to countries listed on Tier 3 in the annual Trafficking in Person Report, all FMF for the DRC must be suspended at this time. No new obligations, expenditures, deliveries, or any implementation of FMF for the DRC may occur - regardless of the fiscal year of the funds - until State concludes its examination of whether legal options exist for its resumption.

In addition, no FMS can occur with the DRC army (FARDC) until further notice.

We will inform you if/when a determination is made that FMF is available for execution, to include for what purposes and with what entities in the DRC it may be used. We will also inform you if/when FMS can resume. If you have any questions, please contact Rachel Schaab at 202-647-7092.

UNCLASSIFIED