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DSCA 12-07

Memo Status : Active
DoD Shield

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

6/1/2012

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 THREAT REDUCTION AGENCY
DIRECTOR, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY
DEPUTY DIRECTOR FOR INFORMATION ASSURANCE, NATIONAL SECURITY AGENCY

SUBJECT :

Information on Multifunctional Information Distribution System (MIDS), Defense Security Cooperation Agency Policy 12-07

REFERENCE :

 

  1. National Disclosure Policy (NDP-1)
  2. Chairman, Joint Chiefs of Staff Instruction 6510.06B, "Communications Releases to Foreign Nations," March 31, 2011
  3. Defense Security Cooperation Agency Manual 5105.38-M, "Security Assistance Management Manual (SAMM)," April 30, 2012

 

The Multifunctional Information Distribution System (MIDS) provides Link-16, a modern, secure tactical data link capability, which offers the warfighter a common operating picture. The system operates in the Ultra High Frequency (UHF) spectrum either by line-of-sight or beyond line-of-sight via UHF satellite using the Joint Range Extension protocol. MIDS was developed by a consortium of five countries (United States, France, Germany, Italy, and Spain) under a Program Memorandum of Understanding (PMOU) and is managed by the MIDS International Program Office (IPO) within the MIDS Program Office at the Joint Programs Executive Office (JPEO) for Joint Tactical Radio Systems (JTRS). The five participant nations comprise the MIDS Steering Committee (SC).

A Link-16 capability may include access to classified military information and is subject to a foreign disclosure review and approval as defined in reference (a). Per NDP-1, approval for release of U.S. classified information is mandatory before a Letter of Offer and Acceptance (LOA) can be offered to a purchaser. In addition to a foreign disclosure review, the sale of MIDS terminals requires two additional release approvals prior to offering an LOA for the system: COMSEC approval and approval from the MIDS SC.

An interoperable Link-16 capability includes an embedded COMSEC device. The release of Link-16 COMSEC devices, which include MIDS, to foreign governments must be handled according to the COMSEC release process of reference (b) as described in paragraph C3.1.1 of reference (c). The Committee for National Security Systems (CNSS) is the governing body for release of COMSEC to foreign governments. To allow for discussions of Link-16 capabilities with a foreign government, a Release in Principle (RIP) granted by the CNSS must be in place. After further definition of the Link 16 requirements, a Release in Specific (RIS) is issued by the National Security Agency (NSA) after approval by the CNSS. Price and Availability can be provided for a Link 16 capability if there is a RIP in place and if the MIDS consortium has previously approved that country for the sale of MIDS.

As MIDS is an internationally developed system, transfer of the system also requires approval from each of the participant nations prior to offering an LOA. To comply with the MIDS PMOU and to ensure there are no false impressions, MIDS terminals cannot be offered on an LOA until both release approvals are in place. Once a RIS is issued by the NSA via the process established in reference (b), an application requesting MIDS SC approval to sell MIDS terminals to a non-participant country (i.e. third party) must be submitted to the MIDS IPO. The quantity, terminal variant, and host platform cited in the application must agree with the specifics stated in the RIS. The application is typically submitted by the Implementing Agency (IA) or the MIDS Foreign Military Sales (FMS) office on behalf of the third party country. The MIDS IPO will staff the application with each SC member requesting its approval to sell. The RIS serves as the U.S. vote to the SC. Approval to sell by the MIDS IPO will be granted only upon a unanimous approval from all SC members. The MIDS IPO approval process timeline goal is 120 days from submission of the request. A letter will be provided by the MIDS IPO to the requesting office once the MIDS SC provides its approval to sell MIDS. The MIDS IPO letter, in addition to an NSA letter approving the specific FMS sale must be included as part of the LOA package when submitted by the IA to DSCA. This documentation will serve to confirm that the MIDS SC has approved the sale of the terminals and that NSA has approved the sale of the associated embedded COMSEC devices. This will allow the case to be processed more quickly. In addition, the MIDS IPO will also staff any request for MIDS information with each SC member requesting its approval to release the MIDS information. The application process is similar to equipment sales and transfer requests, except that a RIP for Link-16 or MIDS, in lieu of a RIS, may serve as the U.S. vote for MIDS SC approval. Further, any proposed transfer of MIDS equipment or MIDS information to a third party must also be approved by the Department of State Bureau of Political-Military Affairs, Office of Regional Security and Arms Transfers.

In accordance with the MIDS PMOU, all FMS sales of MIDS terminals will utilize the JPEO JTRS contract for acquisition of those terminals. Pricing for LOAs and Price & Availability must be obtained from the JPEO JTRS MIDS FMS office. Prior to developing P&As or LOAs which include MIDS terminals, the MIDS FMS office will be contacted early in the development process to assist in coordinating pricing and delivery requirements and to provide assistance with requirements definition and the entire approval, acquisition, fielding, and support processes.

MIDS terminals are Major Defense Equipment (MDE) and are tracked as Enhanced End Use Monitored (EEUM) items due to the COMSEC embedded in the terminals. In addition to the U.S. non-recurring cost (NC) applicable to MIDS, a Special NC has been established for the consortium members. These NCs can be found in Appendix 1 of reference (c), the SAMM. As with all MDE and EEUM, MIDS terminals must be clearly identified with their own stand-alone Military Articles and Services List on LOAs.

MIDS Program Responsibilities. The following table lists organizations and their release coordination responsibilities.

Organization Responsibility

DSCA

 

  • Review LOA prior to offering to ensure appropriate reviews have been accomplished and approvals are in place.

 

IA

 

  • Prior to offering an LOA for MIDS, request approval from NSA to sell associated COMSEC equipment.
  • Coordinate with the MIDS FMS office at JPEO JTRS for pricing, contracting and delivery aspects of the P&A or LOA
  • Upon receipt of RIS, submit applications for third party sales to the MIDS IPO

 

NSA

 

  • Review and process COMSEC release requests in accordance with applicable release processes.
  • Provide "approval to sell" letters to IA for MIDS COMSEC devices.

 

MIDS International Program Office

 

  • Process applications for third party sales and transfers
  • Provide MIDS IPO letter approving sale of MIDS terminals

 

JPEO JTRS MIDS FMS Office

 

  • Provide P&A and LOA data to IAs for MIDS terminals on FMS cases not managed by the MIDS FMS office that offer Total Package Approach Weapon System sales.
  • Contract for all MIDS terminals provided via FMS and manage acquisition and delivery of MIDS-related requirements

 

If you have any questions concerning this guidance, please contact Ms. Holly Haverstick, DSCA-PGM/WPN, at holly.haverstick@dsca.mil, or (703) 604-6601. For general questions concerning the SAMM, please contact Mr. Kent Bell, DSCA-STR/POL, at kent.bell@dsca.mil, or (703) 604-6612.

William E. Landay III
Vice Admiral, USN
Director