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DSCA 17-12

Memo Status : Active
DoD Shield

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

3/22/2017

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 LOGISTICS AGENCY DISPOSITION SERVICES
DIRECTOR, DEFENSE THREAT REDUCTION AGENCY
DIRECTOR, MISSILE DEFENSE AGENCY
DIRECTOR, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY
DEPUTY DIRECTOR FOR INFORMATION ASSURANCE, NATIONAL SECURITY AGENCY
DIRECTOR, DEFENSE TECHNOLOGY SECURITY ADMINISTRATION

SUBJECT :

Note on End Use for All Foreign Military Sales Letters of Offer and Acceptance for Iraq that Include Defense Articles and for Amendments or Modifications that Add Defense Articles, DSCA Policy 17-12 [SAMM E-Change 349]

This memorandum establishes a usage note required for all future Letters of Offer and Acceptance (LOAs) for Iraq that include defense articles, and for Amendments or Modifications to existing LOAs that add defense articles.

This note stipulates that, in addition to the requirements of Term 2.4 of the Standard Terms and Conditions, the Purchaser agrees that the defense articles, components and associated support materiel will not be transferred to or controlled by any Foreign Terrorist Organization as designated by the U.S. Secretary of State, and that they shall remain in the possession, under the operational control of, and be used only by officers or employees of the designated Ministry unless the written consent of the USG has first been obtained.

This change will be included in the automated version of the SAMM found on the DSCA Web Page as SAMM E-Change 349. If you have questions regarding this policy or the Security Assistance Management Manual, please contact Mr. Mike Slack, Strategic Planning and Integration Division, at (703) 601-3842 or e-mail: micheal.d.slack.civ@mail.mil. Implementing Agencies should disseminate this policy to supporting activities.

J. W. Rixey
Vice Admiral, USN
Director

ATTACHMENT :
As stated

CC :

USAFRICOM
USCENTCOM
USEUCOM
USNORTHCOM
USSOUTHCOM
USPACOM
USTRANSCOM
USSOCOM
STATE/PM-RSAT
USASAC
SATFA
TRADOC
NAVSUPWSS
NETSAFA
AFSAC
AFSAT
DISAM
MARCORIP
SCETC
USCG International Affairs (G-CI)

Security Assistance Management Manual (SAMM), E-Change 349
Iraq Use Note

1. In Appendix 6, add the following note:

Iraq Use Note

Note Usage

Mandatory for LOAs for Iraq that include defense articles.
Mandatory for Amendments or Modifications for Iraq that add defense articles if not previously included on the case.

References

 

Note Input Responsibility

IA

Note Text

If defense articles and services are for use by the signing ministry:

"In addition to the requirements of Term 2.4 of the Standard Terms and Conditions, the Purchaser agrees that the defense articles, components and associated support materiel, or technology (including plans, specifications, or information), related training, or other defense services furnished under this LOA will not be transferred to or controlled by any Foreign Terrorist Organization as designated by the U.S. Secretary of State, and that they shall remain in the possession and under the operational control of, and be used only by, officers or employees of the signatory Ministry unless the written consent of the USG has first been obtained."

If the receiving ministry is not the signing ministry:

"In addition to the requirements of Term 2.4 of the Standard Terms and Conditions, the Purchaser agrees that the defense articles, components and associated support materiel, or technology (including plans, specifications, or information), related training, or other defense services furnished under this LOA will not be transferred to or controlled by any Foreign Terrorist Organization as designated by the U.S. Secretary of State, and that they shall remain in the possession and under the operational control of, and be used only by, officers or employees of the Ministry of [receiving ministry] unless the written consent of the USG has first been obtained. The Purchaser further agrees that these terms will be communicated to the Ministry of [receiving ministry]."