Chapter 11, Special Programs and Services, provides guidance on C-12 aircraft management, drawdowns, Excess Defense Articles (EDA), sales to other U.S. Government agencies, provision of U.S. Government defense articles or services in support of commercial exports, leases and loans, Security Cooperation Education and Training (SCET) Teams, the Special Defense Acquisition Fund (SDAF), and the Warsaw Initiative Fund (WIF).

Section

Title

C11.1.

C-12 Aircraft Management

C11.2.

Drawdowns

C11.3.

Excess Defense Articles (EDA)

C11.4.

Foreign Assistance Act (FAA), Section 607 Furnishing of Services and Commodities

C11.5.

Government Furnished Equipment and Materiel (GFE/GFM) Sales

C11.6.

Leases of Defense Articles under the Arms Export Control Act (AECA)

C11.7.

Loans of Defense Articles

C11.8.

Security Cooperation Education and Training (SCET) Teams

C11.9.

Special Defense Acquisition Fund (SDAF)

C11.10.

Warsaw Initiative Fund (WIF)

The Defense Security Cooperation Agency (DSCA), Defense Intelligence Agency (DIA), and U.S. Air Force (USAF) Memorandum of Understanding (MOU), dated August 6, 1996, [new 2011 version of MOU pending final approval/signature] provides four C-12 aircraft to DSCA for use in implementing Security Assistance programs. In consultation with the appropriate Geographical Combatant Command (CCMD), DSCA assigns the C-12s to overseas Security Cooperation Organizations (SCOs) on a priority basis. The CCMDs provide additional supplemental guidance to SCOs on C-12 program management with regard to the approval and funding of Security Cooperation (SC)/Department of Defense (DoD) missions.

C11.1.1. C-12 Aircraft Missions.

C11.1.1.1. Security Assistance (SA) C-12 Aircraft Missions. The primary mission of the DSCA dedicated C-12 aircraft is to support SCO SA program management as outlined in Foreign Assistance Act (FAA), section 515. Section C2.1., provides a representative list of SA program management functions. Included in this category are local in-country training, evaluation, and maintenance flights. When scheduling missions, the SCO lead pilot will ensure that the flight directly supports an SA program management function. These missions are financed by SA Administrative (T-22) funds.

C11.1.1.2. Non-Security Assistance C-12 Aircraft Missions. SC, DoD, and other missions, as directed by the CCMD, may be flown only when they do not impair SA missions, when they are reimbursed, and only when in compliance with the laws and regulations governing the use of DoD transportation assets. Examples include: disaster relief, CCMD exercises, visitors who are on non-SA management business, flights flown in support of the U.S. Embassy, Senior Defense Official/Defense Attaché (SDO/DATT) responsibilities, or flights flown in support of an FMS case which specifically includes a transportation line. C-12 flights that support Congressional or Congressional Staff Delegations (CODELs) are also included in this category. DSCA Form 78-001 (See Figure C11.F1.) should be completed and submitted with a certified statement of actual flying time to DSCA (Business Operations Directorate/Comptroller) within five workdays after the airlift has been completed.

Figure C11.F1. DSCA Form 78-001, Request for Revenue Traffic Airlift

C11.1.2. C-12 Aircraft Policies. The policies in Table C11.T1. govern the use of the DSCA C-12 aircraft.

Table C11.T1. DSCA C-12 Aircraft Policies

#

Description

1

When SCOs share or jointly use C-12 aircraft, Security Assistance missions take precedence over any other SCO requirements.

2

All C-12 missions flown out of the SCO area of responsibility (AOR) require prior justification to/approval by the CCMD and DSCA (Business Operations Directorate/Comptroller).

3

The C-12 aircraft will be used only when such use is more economical than commercial aircraft or airline services are not available, readily obtainable, or for reasons which must be specified, incapable of satisfying the transportation requirements. The C-12 should not be used if travel requirements can be met with other safe, more cost effective modes of transportation, (e.g., rail or automobile). The SDO/DATT has the authority to make these decisions.

4

Passenger travel and reimbursement will be in accordance with DoD Directive 4515.13-P and DoD Directive 4500.9E, or by specific CCMD approval before flight, except in case of emergency.

C11.1.3. Flight Approval Authority for DSCA C-12 Aircraft. If the SDO/DATT will be a traveler on the proposed C-12 mission, or for all non-SA missions (SC, DoD, CCMD, CODEL, etc.), the SDO/DATT will coordinate with the CCMD and follow established CCMD approval procedures (to include ensuring that the required fund cite is obtained) prior to approving the flight. If the SDO/DATT will not be a traveler on the proposed C-12 aircraft mission, the SDO/DATT is the approval authority for flights within his or her country or AOR in support of SA program management functions. The SDO/DATT retains responsibility for the proper use of the C-12 aircraft regardless of the agency using or funding its use. For DIA dedicated C-12 aircraft used jointly by the SCO, the SDO/DATT retains responsibility for proper C-12 aircraft uses for SCO missions.

C11.1.4. Passenger Approval and Eligibility for DSCA C-12 Aircraft. Passenger eligibility for all DoD aircraft is set out in DoD 4515.13-P and DoD Directive 4500.56. Normal categories of military travel are permitted to include temporary duty and space-available travel of military members and dependents, provided that such travel does not interfere with the primary SA mission. Special categories of passengers, such as CODELs, may be eligible for C-12 travel if approved by the appropriate authority as set out in DoD 4515.13-P. The SDO/DATT authorizes SA program management travel and makes the determination that non-SA travel does not interfere with the SA mission; he/she is the final authority for passenger movement, to include approval of space-available travel. In addition, the SDO/DATT has special authority as outlined in DoD 4515.13-P, Sections C9.4. and C10.9., for specified American Embassy personnel, distinguished foreign nationals, key foreign military, and spouses of certain officials, under certain conditions as indicated in Table C11.T2. DSCA dedicated C-12 missions may not be scheduled solely for rest and recuperation purposes.

Table C11.T2. Passenger Eligibility for DSCA C-12 Aircraft

Passenger Type

Eligibility for DSCA C-12 Aircraft

Spouses of DoD personnel, other than authorized by DoD 4515.13-P must have Invitational Travel Orders (ITOs)

Due to unique funding of DSCA C-12 operations, these procedures may differ from other DoD aircraft transportation requirements. The spouse travel must clearly be in the national interest and there must be an unquestionable official requirement in which the spouse is to participate.

Congressional Delegations (CODELs)

CODELs warrant special consideration. The Assistant Secretary of Defense for Legislative Affairs (ASD(LA)) has approval authority for non-sponsored, non-reimbursable flights in support of CODELs. In addition, sponsored, non-reimbursable CODEL flights outside of the United States must be submitted to the Secretary of Defense (DoD Directive 4515.12).

In the process of determining the availability of DSCA dedicated C-12 aircraft to support a CODEL mission, DSCA verifies to ASD(LA) that the aircraft does not have a higher priority Security Assistance requirement. DSCA requests the appropriate CCMD obtain C-12 availability from the SDO/DATT. Once a decision has been made to use the DSCA dedicated C-12, the Military Department (MILDEP) that has been assigned by ASD(LA) to support the CODEL should immediately provide the SDO/DATT, the CCMD, and DSCA (Business Operations Directorate/Comptroller) with a fund cite to support the mission, as well as a list of names of official members of the CODEL, identified by the Chairman of the Committee which is sponsoring the CODEL, to ensure that all concerned clearly understand who are the authorized passengers.

Pursuant to 10 U.S.C. 2341-2350, and the rules promulgated thereunder, such as DoD Directive 4515.12, official members of CODELs may be authorized passengers on DSCA dedicated C-12 aircraft. On short notice requests, the SDO/DATT should contact DSCA (Business Operations Directorate/Comptroller) to resolve questions on CODEL travel. The SDO/DATT will keep the CCMD and DSCA (Business Operations Directorate/Comptroller) informed on all matters related to CODEL C-12 travel.

C11.1.5. Reimbursement for C-12 Aircraft Flights. The reimbursement requirement for passenger travel is addressed in DoD 4515.13-P. If the passenger is on official duty in support of SA program management functions, he or she is authorized travel and no reimbursement is required. Approval authority for space-available, non-reimbursable travel for designated individuals is granted to SDO/DATTs by DoD 4515.13-P. Embassy requests for permission to transport non-DoD individuals (outside the authority of DoD 4515.13-P shall be in accordance with DoS Foreign Affairs Manual, Volume 14, Section 551.5, to ensure proper inter-agency coordination. All other passengers must fall under the purview of DoD 4515.13-P as non-reimbursable, or they must reimburse DSCA for their travel. While some CODEL travel may be determined by DSCA and the respective CCMD to be in support of SA missions, there is no authority for the use of SA Administrative funds to support non-SA CODEL missions on DSCA dedicated C-12 aircraft. CODEL mission funding is the responsibility of the MILDEP tasked by ASD(LA) to support the CODEL. The cost for the CODEL mission is reported by the SCO via DSCA Form 78-001 (See Figure C11.F1.) to DSCA (Business Operations Directorate/Comptroller) for reimbursement action. For reimbursable travel, there is no seat mile rate for DSCA dedicated C-12 aircraft; flying hour rates will be used. Questions should be directed to DSCA (Business Operations Directorate/Comptroller).

C11.1.6. DSCA C-12 Aircraft Program Management Responsibilities. Table C11.T3. shows the C-12 Aircraft program management responsibilities for the SCOs, the CCMDs, and DSCA (Business Operations Directorate/Comptroller).

Table C11.T3. DSCA C-12 Aircraft Program Management Responsibilities

Group/Org

Responsibilities

SCOs

  • Provide to DSCA (Business Operations Directorate/Comptroller) and the respective CCMD the flying hour requirements for the yearly budget in accordance with criteria established by this manual and the DSCA (Business Operations Directorate/Comptroller) annual budget call.
  • Provide to DSCA (Business Operations Directorate/Comptroller) and the respective CCMD copies of all Memoranda of Understanding (MOU) between the SCO and other organizations where a shared or joint use agreement is in effect.
  • Submit monthly activity reports to the DSCA C-12 Program Manager DSCA (Business Operations Directorate/Comptroller), the respective CCMD, and the Oklahoma Air Logistics Center (OC-ALC), Oklahoma City, OK. Include all receipts for Fuels and Ground Handling Services provided through use of the MultService AIRCards and Identaplates for each given month.
  • Complete DSCA Form 78-001, "Request for Revenue Traffic Airlift", and a memorandum certifying actual flying time, for each reimbursable flight and send these forms to DSCA (Office of Business Operations, Comptroller Directorate (OBO/CMP)), 2800 Defense Pentagon, Washington, D.C. 20301-2800, within 5 working days after the completion of the flight.
  • Keep DSCA (Business Operations Directorate/Comptroller) and the respective CCMD informed of all CODEL mission requirement/activities.
  • Provide to DSCA (Business Operations Directorate/Comptroller) and the respective CCMD information pertaining to changes in overall flying hour program requirements as soon as possible. Changes to flying hour programs, or movement of aircraft, can require a lead-time of six months to become effective.
  • Validate/approve SA missions and approve non-SA missions upon receipt of fund cite authorizations.
  • Comply with this section of the SAMM, as well as guidance that may be provided by the respective CCMD. Questions should be directed to DSCA (Business Operations Directorate/Comptroller).

CCMDs

  • Review and forward recommended flying hour requirements to DSCA (Business Operations Directorate/Comptroller).
  • Provide administrative oversight of DSCA dedicated C-12 aircraft in the respective AOR consistent with applicable guidelines and directives to ensure safe and efficient use of these resources.
  • Keep DSCA (Business Operations Directorate/Comptroller) informed of problems or issues resulting from reviews of SCO monthly reports, or other sources, to include corrective action(s) underway.
  • Assist SCOs in obtaining fund cites for non-SA missions, as necessary, prior to the mission.
  • Maintain copies of all MOUs between SCOs and other organizations for joint or shared use of DSCA dedicated C-12 aircraft.

DSCA (Business Operations Directorate/Comptroller)

  • Coordinate/maintain the DIA/DSCA/USAF C-12 MOU. Provide policy and program guidance on management of DSCA dedicated C-12 aircraft.
  • Provide financial management of the DSCA C-12 program. Obtain funding and establish approved flying hour budgets for SCOs; process DSCA Forms 78-001 submitted by SCOs; administer reimbursement to the USAF for the Contract Logistics Support case costs of the DSCA C-12 program, to include maintenance contract costs, engine overhauls, and flying hours; administer reimbursement to MultiService Corporation for costs of Fuels and Ground Handling services.
  • Establish annual flying hour program reporting requirements; provide annual flying hour requirements to the C-12 Program Management Office, OC-ALC, Oklahoma City, and Internal Management Control (ICM) reporting on the C-12 aircraft to higher authority.
  • Coordinate C-12 pilot training requirements and scheduling with SCOs, CCMDs, DIA Air Operations, MILDEPs, and AFMC/Rucker/A3V.

C11.2.1. Definition and Purpose. The Foreign Assistance Act (FAA) authorizes the President to direct transfers of articles and services from the inventory and resources of any agency of the United States Government to support foreign countries and international organizations in response to unforeseen military emergencies or for other legislatively authorized purposes. The different authorized purposes for drawdowns are summarized in Table C11.T4. These drawdowns may include the transfer of DoD stocked defense articles, services, and military education and training. Except for transportation and related services where new contracts would cost less than providing such services with DoD assets, new procurement is not authorized for drawdowns and no new funds may be placed on existing contracts.

Table C11.T4. Drawdown Legislation Summary

Legislation

Subject

Notification to Congress

FAA, Section 506(a)(1) [22 U.S.C. 2318(a)(1)]

  • DoD Drawdown for unforeseen emergencies:
  • Authorizes the President to direct DoD drawdowns for unforeseen emergencies requiring immediate military assistance that cannot be addressed under the Arms Export Control Act (AECA) or any other law.
  • Defense articles already on hand in DoD stocks, DoD services, and military education and training may be provided.
  • May include the supply of commercial transportation and related services if the cost of commercial transportation is less than the cost of U.S. Government provided transportation.
  • Section 506 requires President to report to Congress that an unforeseen emergency required immediate military assistance.
  • The aggregate value of all drawdowns directed in any fiscal year under this authority may not exceed $100M.

Prior Notice required by FAA, Section 652 [22 U.S.C. 2411]

FAA, Section 506(a)(2) [22 U.S.C. 2318(a)(2)]

DoD Drawdown for international narcotics control or antiterrorism assistance.

15-day Notice Required by Section 506. Prior Notice also required by FAA, Section 652 [22 U.S.C. 2411]

DoD Drawdown for international disaster assistance, nonproliferation assistance, migration and refugee assistance, or cooperative efforts in Cambodia, Laos and Vietnam to repatriate unaccounted US personnel (Prisoner of War (POW) / Missing in Action (MIA)) from the Vietnam war:

  • No more than $15M may be used for POW/MIA drawdowns in a given fiscal year.

Prior Notice Required by Section 506 and also FAA, Section 652 [22 U.S.C. 2411]

For all Section 506(a)(2) drawdowns:

  • Inventory and resources of any USG agency may be provided.
  • May include the supply of commercial transportation and related services if the cost of commercial transportation is less than the cost of U.S. Government provided transportation.
  • The aggregate value of all drawdowns directed in any fiscal year under this authority may not exceed $200M of which:
    • No more than $75M may come from the Department of Defense.
    • No more than $75M may be used for international narcotics control.

FAA, Section 552(c)(2) [22 U.S.C. 2348a(c)(2)]

DoD Drawdown for Peacekeeping Operations (PKOs):

  • Authorizes drawdown if the President determines that an unforeseen emergency requires the immediate provision of commodities and services of any USG agency to countries and international organizations to support PKOs.
  • The aggregate value of drawdowns directed under this authority may not exceed $25M per fiscal year.
  • Congress may appropriate funds to reimburse the value of provided drawdown support..

15-day Notice required by Section 552. Prior Notice also required by FAA, Section 652 [ 22 U.S.C. 2411]

C11.2.2. Partner Nation Eligibility. Defense articles and services may be drawn down and transferred to a friendly foreign country or international organization only if the President issues a Presidential Determination (PD) in accordance with the FAA. An FAA, section 503 [22 U.S.C. 2311] eligibility determination must be completed by the Department of State (State) and the required FAA, section 505 [ 22 U.S.C. 2314] assurances must be signed by the proposed foreign country recipient before the drawdown can be executed.

C11.2.3. Types of Drawdowns.

C11.2.3.1. Emergency Drawdowns. Drawdowns may be precipitated by an emergency in a foreign country or region. The National Security Council (NSC), State, and DoD, hereafter referred to as the interagency, coordinate the USG response. This interagency process determines which existing statutory authority applies and identifies which articles and services should be provided. Potential contributing USG agencies and the military services furnish valuation and availability (V&A) data to Office of Under Secretary Comptroller (OUSD (C)indicating the estimated value of the articles and services are anticipated to drawdown. The DSCA (Office of International Operations (IOPS)) tasks the Military Departments (MILDEPs) to provide the V&A data and a strategic readiness impact assessment, an Operations & Maintenance (O&M) budget impact assessment for all available articles and services that may be drawn from DoD stock, and ensure identification of available articles comply with enhanced end-use monitoring (EEUM) (see Table C8.T4.) and targeting infrastructure policy (TIP) (see Section C4.4.18.). DSCA (IOPS) provides the interagency with DoD's V&A data and the strategic readiness impact assessment for articles and services under consideration to inform planning and tradeoff discussions. The interagency recommends which articles and services should be provided taking into consideration current availability and potential strategic readiness impact to US forces. The President accomplishes a PD to define the scope and the maximum dollar value authorized for the approved drawdown. After an emergency drawdown is authorized, a drawdown execution message is issued. The drawdown execution message, prepared and issued by DSCA (IOPS), identifies the articles and services that may be provided under the drawdown, the organizations authorized to provide the articles and services and associated reporting requirements (e.g. serial numbers and certification of partner nation storage facilities of EEUM designated articles; targeting infrastructure compliance; Packing, Crating, and Handling (PC&H) and transportation costs; actual value of drawdowns; and deliveries). Emergency drawdowns end when the value of the PD authority is exhausted or the U.S. response to the emergency ends. To document the end of the drawdown, pursuant to interagency direction, DSCA (IOPS) sends out a termination message.

C11.2.3.2. Non-Emergency Drawdowns. Drawdowns may be authorized in non-emergency situations to support mid- to long-term foreign policy initiatives such as international narcotics control, antiterrorism assistance, international disaster assistance, nonproliferation assistance, migration and refugee assistance, or cooperative efforts or peacekeeping operations (See Table C11.T4.). Non-emergency drawdown procedures are the same as emergency drawdown procedures except the planning timeline may be extended to allow for more deliberate tradeoff discussions. For a non-emergency drawdown, the PD will provide the total value of the drawdown which cannot be exceeded but the articles and services authorized for transfer will be determined by an iterative planning process that may take several months to complete, vice the accelerated planning timeline required for emergency drawdowns. After articles and services authorized for transfer are determined, a drawdown execution message is issued. Delivery of articles and services may also take place over an extended period of time. Similar to emergency drawdowns, non-emergency drawdowns end when the value of the PD authority is exhausted and/or the interagency instructs DSCA (IOPS) to issue a termination message.

C11.2.4. Types of Articles, Services (to include transportation), and Training Provided Under Drawdowns. When necessary to facilitate effective use of transferred major end items, drawdown support should include complete support packages to include spare parts and training for O&M of the major end item.

C11.2.4.1. Articles. Transferred equipment must have been in DoD stocks or on order at the time the PD was approved. . Unless otherwise authorized, materiel must be provided in condition code "B," or Full Mission Capable (FMC) condition, or -10/-20 standards or better. Associated spare parts requisitions are processed on a "Fill or Kill" basis. The approval date for a drawdown is the date the drawdown is notified to Congress. MILDEPs cannot place a hold, reserve, or fence equipment or spares prior to the release of DSCA (IOPS)'s drawdown execution message.

C11.2.4.1.1. Defense Working Capital Fund Items. Defense Working Capital Fund (DWCF) items may be used to fulfill drawdown requirements. Pursuant to Under Secretary of Defense (Comptroller) (USD (C)) policy DoD Financial Management Regulation (DoD FMR) 7000.14-R, Volume 12, Chapter 23, Section 2305. A MILDEP must use their O&M funds to reimburse the working capital account. The DWCF may only use stock that was on hand or ordered before the PD was approved to fill the requisition order. It is the responsibility of the MILDEP to seek confirmation of the working capital account's ability to fill a requisition with existing stock or on order stock before submitting the requisition.

C11.2.4.1.2. Special Defense Acquisition Funds. A MILDEP may not purchase items from the Special Defense Acquisition Funds (SDAF) to provide drawdown support unless allowed on a case-by case basis.

C11.2.4.1.3. Articles designated for Enhanced End-Use Monitoring. The MILDEPs must report serial numbers of EEUM articles in advance of shipment to DSCA (Office of International Operations, Global Execution Directorate, Assistance & Monitoring Division (IOPS/GEX/AMD)) and dsca.eumhelpdesk@mail.mil via Non-classified Internet Protocol Router Network (NIPRnet) email. MILDEPs are responsible for conducting physical security inspections for certifications of partner nations' storage facilities before EEUM-designated weapons systems and enhanced case-unique weapons systems are delivered or moved to a new or uncertified facility, with the exception of Night Vision Devices (NVDs) and Communications Security (COMSEC) equipment, and hostile environments. See Table C8.T2., Table C8.T4., Section C8.4.3., and Section C8.5.5.

C11.2.4.1.4. Articles Requiring Targeting Infrastructure Compliance. The MILDEPs must provide an assessment if the partner nation has a sufficient previously established U.S., indigenous, or third-party solution for targeting infrastructure to DSCA (Office of International Operations, Weapons Directorate (IOPS/WPN)) via NIPRnet email (see Section C4.4.18.).

C11.2.4.2. Services. DoD personnel may provide services in support of a drawdown. DoD contractors may also be used to provide drawdown services if the MILDEP obligated O&M funds for the contractor's services prior to the PD approval. After a PD is approved, a MILDEP may not incur a new obligation under existing or a new contract to support the drawdown. The nature of the services provided by either DoD personnel or DoD contractors must fall within the scope of the PD.

C11.2.4.2.1. Transportation and Packing, Crating, and Handling. United States Transportation Command (USTRANSCOM) is generally responsible for coordinating and executing air and sealift of cargo into designated theatre locations and ensuring they arrive to the end user. The MILDEPs are responsible for Continental United States (CONUS)-based PC&H, which includes cargo movement to CONUS-based ports of embarkation or consolidation points. New commercial contracts for transportation and related services may be used if the cost is less than the cost to use USG assets. Existing contracts or resources may be used for airlift and sealift if their scope covers the proposed use (such as time-charter or multiple air mission agreements).

C11.2.4.2.1.1. All transportation and PC&H costs must be included as part of the total Presidential drawdown authority amount. Any CONUS transportation effort(s) should fall under PC&H, and any OCONUS transportation effort(s) should fall under a separate transportation line on the PD.

C11.2.4.2.1.2. The MILDEP allocated Transportation and PC&H in the Execute Order (EXORD) is responsible the cost to transport equipment to the end user, to include reimbursing USTRANSCOM for all costs incurred when applicable.

C11.2.4.2.1.3. The MILDEPs must report actual PC&H and Transportation costs in the DSCA 1000 System within 90 days based on bills received from the organization responsible for executing the movement.

C11.2.4.2.2. Cargo Preference Act of 1954. [Ref 46 U.S.C. 55305]. All drawdowns items transferred by ocean carriers must follow U.S. cargo preference requirements (See Section C7.9.). Recipient countries must use U.S. flag vessels unless the Maritime Administration (MARAD) has issued a non-availability waiver. MARAD assists in monitoring these statutes. The MILDEPs must consider cargo preference requirements when considering transportation options for drawdowns. The responsible office at MARAD is:

USDOT/Maritime Administration 
Office of Cargo Preference and Domestic Trade 
1200 New Jersey Avenue S.E. 
MAR 730, W23-444 
Washington DC 20590

C11.2.5. Value of Drawdowns. It is critical to ensure that projected values are as accurate as possible. Close coordination between DSCA (IOPS), DSCA (Office of Business Operations, Financial Policy & Regional Execution Directorate, Financial Reporting and Compliance Division (OBO/FPRE/FRC)) and the MILDEPs during drawdown execution is critical to reconcile values as early as possible. The Services should report actual value of drawdowns to DSCA (OBO/FPRE/FRC) in the DSCA 1000 system no later than 90 days after delivery of the equipment (See Section C11.2.8.1.). Value of articles, training, and services is determined using the following guidance:

C11.2.5.1. Value of Articles. The value of drawdown articles is calculated pursuant to DoD FMR 7000.14-R, Volume 4, Chapter 4 for inventory and related property (i.e., operating materials and supplies, and stockpile material) and Volume 4, Chapter 25 for general equipment. MILDEP replacement cost should not be used to determine the replacement value of drawdown articles. MILDEPs should not use replacement cost as the value of defense articles being provided under drawdown authority.

C11.2.5.2. Value of Training. The value of drawdown military education and training is based on the additional costs incurred by the USG to provide the training (i.e., Foreign Military Financing (FMF) Grant or incremental rate pursuant to DoD FMR 7000.14-R, Volume 15, Chapter 7).

C11.2.5.3. Value of Services. The value of services provided under drawdowns is based on actual costs to the USG to provide the service. Funded civilian pay and travel and per diem costs of military and civilian personnel performing an approved support role that is devoted exclusively to the drawdown effort may be included when computing the value of drawdown services. Value does not include salaries of the members of the U.S. Armed Forces and unfunded civilian retirement and other benefits.

C11.2.6. Key Stakeholders.

C11.2.6.1. Department of State (State). State serves as the USG lead. State presents the interagency proposal to the President of the United States (POTUS) for a PD decision and notifies Congress of the PD. When a new PD is authorized by the President, State issues the authorization memorandum to the executing or supplying department/s within the USG.

C11.2.6.2. Defense Security Cooperation Agency. The DSCA tasks the MILDEPs to provide required planning information; collects and coordinates DoD's inputs to finalize a PD; informs Combatant Commands and MILDEPs of PD authorizations; tracks overall usage of PD authority to ensure PD ceiling is not exceeded; and provides PD reports to Congress.

C11.2.6.3. Combatant Command. The cognizant Combatant Command (CCMD) confirms the PD requirements.

C11.2.6.4. Applicable Military Departments. The MILDEP determines what articles and services could be provided, whether there would be any impact to a MILDEP's strategic readiness if drawdown support is provided, whether MILDEP drawdown support is feasible, and identification of which available articles require compliance with EEUM (see Table C8.T4.) and TIP (see Section C4.4.18.). Reports an assessment if the partner nation has a sufficient previously established U.S., indigenous, or third-party solution for targeting infrastructure (see Section C4.4.18.), serial numbers and certification of partner nations' storage facilities of EEUM designated articles in advance of shipment (see Table C8.T2., Section C8.4.3., and Section C8.5.5.), PC&H and transportation costs, value of drawdowns. Reports PD deliveries and monitors drawdown execution.

C11.2.6.5. Joint Staff. The Joint Staff (JS) monitors drawdown execution and advises Secretary of Defense (SECDEF) of any concerns that PD support adversely impacts DoD's military readiness and supports evaluation of potential sourcing options.

C11.2.6.6. Country Teams. The Country team will support the CCMD to confirm requirements with the partner and will include the Security Cooperation Organization (SCO) if defense articles and services are to be provided.

C11.2.6.7. Office of the Secretary Defense for Policy. The Office of the Secretary of Defense (Policy) (OSD (P)) is SECDEF's principal staff assistant (PSA) and advisor for all matters regarding the formulation of national security and defense strategy and policy and the integration and oversight of DoD policy, strategy, plans, execution, and capabilities to achieve national security objectives.

C11.2.6.8. Office of the Secretary of Defense for Personnel and Readiness. The Office of the Secretary of Defense for Personnel and Readiness (OSD (P&R)) is the PSA and advisor to SECDEF for Total Force management; National Guard and Reserve Component affairs; and readiness and training; OSD (P&R) develops and promulgates guidance on how to conduct the required strategic readiness impact assessment and leads analysis of the immediate and long-term impacts of any proposed drawdown assistance on Joint force readiness.

C11.2.6.9. Defense Technology Security Administration. The Defense Technology Security Administration (DTSA) reviews proposed PD packages to ensure compliance with technology transfer policy, the release of classified military information, and international programs security requirements.

C11.2.7. Drawdown Process. Table C11.T5. summarizes the drawdown planning and development process. All personnel supporting this planning and development process, or the execution of the drawdowns themselves, must charge time spent and expenses incurred to an O&M appropriation of their respective Service or agency. DSCA will not reimburse other agencies for personnel costs incurred as a result of a PD and subsequent drawdown of articles, services, and / or training. DSCA also will not authorize the use of a Foreign Military Sales (FMS) Administrative funds line of accounting to support PD planning and execution because the FMS Administrative account does not have reimbursable authority and thus, cannot be reimbursed by the appropriate O&M appropriation.

Table C11.T5. Drawdown Process

Step

Actions

1

Crisis occurs or policy situation develops

2

Interagency process determines "Drawdown" is required.

3

  • The CCMD identifies capability requirements.
  • State determines whether foreign partner's human rights issues preclude proposed drawdown assistance.
  • State obtains FAA, section 505 [ 22 U.S.C. 2314] end-use agreement from proposed recipient country if one is not already available.
  • A draft drawdown requirements list is developed and DSCA tasks the MILDEPs to provide V&A data, a strategic readiness impact assessment, an O&M budget impact assessment on all proposed assistance, and identification of which available articles require compliance with EEUM (see Table C8.T4.) and TIP (see Section C4.4.18.).
  • The MILDEPs provide V&A data, a strategic readiness impact assessment, an O&M budget impact assessment, identification of which available articles require compliance with EEUM (see Table C8.T4.) and TIP (see Section C4.4.18.) on all proposed assistance to DSCA, OSD (P), OSD (P&R) and the rest of the interagency. The V&A data and assessments are considered when evaluating possible articles and services before the PD package is finalized.
  • JS, MILDEPs and USTRANSCOM investigate and consider sourcing solutions and report findings to DSCA.
  • Throughout the interagency process to finalize the proposed PD, the drawdown package is continually reviewed and updated. The interagency determines which articles and services are authorized for transfer depending on availability and operational impact to US forces. To the extent possible, the drawdown execution message will attempt to balance costs among MILDEPs.

4

If required by the authorizing legislation (See SAMM Table C11.T4.), State develops, staffs and coordinates the Congressional Notification (CN) package.

5

If required by the authorizing legislation (See SAMM Table C11.T4.), Congress is notified - 15-days prior to completion of the PD.

6

After the applicable Congressional Notification is complete, State sends a memorandum of justification and a proposed PD to the President. The final PD authorizes what the DoD can provide and becomes the base reference for execution of the drawdown.

7

DSCA prepares and issues the drawdown execution message identifying the articles, services, and training that may be provided under the drawdown. The DSCA drawdown execution message must identify the articles that require compliance with EEUM (see Table C8.T4.) and TIP (see Section C4.4.18.). Before issuing the message, DSCA must have:

  • A signed PD,
  • Confirmed completion of State vetting (e.g., Trafficking in Persons, Child Status Protection Act (CSPA), Leahy Vetting). Vetting verifies the absence of any human rights concerns with the assisted foreign partner or any other legal restrictions that would preclude assistance.
  • Copies of the MILDEP strategic readiness impact assessments for all articles included within the signed PD.
  • An assessment if the partner nation has a sufficient previously-established U.S., indigenous, or third-party solution for targeting infrastructure, as applicable (see Section C4.4.18.).
  • A certification of partner nations' storage facilities in advance of shipment of EEUM designated articles, as applicable (see Table C8.T2., Section C8.4.3., and Section C8.5.5.).

8

The MILDEPs (and others as appropriate) receive the drawdown execution message and provide Military Service O&M funding to the agencies/organization responsible for executing the drawdown. The executing agencies/organization provides the articles, services, and training to the recipient(s).

9

DSCA, OSD (P), OSD (P&R), Chairman of the Joint Chiefs of Staff (CJCS), and the CCMD monitor the execution and as required may recommend the interagency authorize an updated drawdown execution message to curtail further support due to changed circumstances.

10

The MILDEPs submit delivery data on drawdowns into DSCA's 1000 System database. Tracking data includes: Item/Service, Quantity, Unit Cost (drawdown value), Equipment (Total Quantity Cost), Services/Repair, Training (if applicable), Spare Parts, Design/Construction Services, Support Equipment, PC&H, Transport, and Total Item/Service Cost (sum of all other categories for each items). Salaries for civilian services should be separately identified.

The MILDEPs submit an assessment if the partner nation has a sufficient previously-established U.S., indigenous, or third-party solution for targeting infrastructure, as applicable (see Section C4.4.18.), to DSCA (IOPS/WPN) via NIPRnet email.

The MILDEPs submit serial numbers and certification of partner nations' storage facilities of EEUM designated articles in advance of shipment to DSCA (IOPS/GEX/AMD) and dsca.eumhelpdesk@mail.mil via NIPRnet email (see Table C8.T2., Table C8.T4., Section C8.4.3., and Section C8.5.5.).

11

The MILDEPs reconcile the drawdown delivery data and ensure all cost elements are reported in the 1000 System. DSCA (OBO/FPRE/FRC) monitors and tracks the MILDEPs reported delivered values to funding authority issued to each agency/organization responsible for executing portions of the drawdown to ensure that delivered values are within the authorized PD thresholds. The DoD cannot exceed the drawdown authority provided in the PD. DSCA must also ensure that the combined drawdown support from multiple PDs in a given fiscal year do not exceed legislative limits for the applicable drawdown authority.

12

DSCA (OBO/FPRE/FRC) provides formal reports to Congress on the articles, services, and training provided.

C11.2.8. Congressional Reporting for Drawdowns.

C11.2.8.1. Foreign Assistance Act, Section 506 Report. FAA, section 506 [22 U.S.C. 2318] requires the DoD to provide a report to Congress detailing all the defense articles, defense services, and military education and training provided to the recipient country or international organization upon delivery of such articles, or completion of services, or education and training. Within 90 days of delivering articles/services, the MILDEPs should provide delivery data to DSCA (OBO/FPRE/FRC) in the 1000 system. DSCA (OBO/FPRE/FRC) prepares the report using the MILDEP provided delivery data. Along with the delivery data, MILDEPS must also report to DSCA (OBO/FPRE/FRC), on any savings realized by using commercial transportation services instead of acquiring those services from USG transport assets, as this information is required for the report to Congress.

C11.2.8.2. Drawdown Support for the United Nations. Support to the United Nations (UN) may require additional Congressional reporting and notifications that would not otherwise be needed for other types of drawdowns for a foreign partner or a different international organization.

C11.2.8.2.1. Title 22 U.S.C. 287b requires an annual report to Congress regarding U.S. support to UN including US cash and in-kind contributions to UN PKOs. A drawdown that provides in kind contributions in excess of $100,000 to a UN PKO would need to be incorporated into this annual report. This law also requires U.S. support to the United Nations to be notified to Congress but drawdown support pursuant to FAA, Section 506(a)(1) [ 22 U.S.C. 2318(a)(1)] or FAA, Section 552(c)(2) [ 22 U.S.C. 2348a(c)(2)] are exempted from this notification requirement. Such drawdown support would be notified pursuant to the drawdown authority rather than a notification required by Title 22 U.S.C. 287b.

C11.2.8.2.2. Title 22 U.S.C. 287e-2 requires the US government to obtain a commitment from the UN to reimburse the US government if we provide drawdown assistance to the UN or to a foreign partner to assist that partner's participation in a UN PKO. The requirement to seek a UN's reimbursement commitment does not apply if the US provides less than $3M worth of support in a fiscal year to a given operation. The President can also waive the requirement to seek reimbursement by providing a 15-day notice to Congress.

C11.3.1. Definition and Purpose. EDA is Department of Defense (DoD) and United States Coast Guard (USCG)-owned defense articles no longer needed and declared excess by the U.S. Armed Forces. This excess equipment is offered at reduced or no cost to eligible foreign recipients on an "as is, where is" basis. The EDA program works best in assisting friends and allies to augment current inventories of like items with a support structure already in place. Table C11.T6. is a summary of the EDA program legal references.

Table C11.T6. EDA Legislation Summary

Legislation

Subject

Arms Export Control Act (AECA), Section 21 (22 U.S.C. 2761)

Authorizes sales from stock, including the sale of defense articles that are excess to DoD stocks.

AECA, Section 25(a) (22 U.S.C. 2765(a))

Requires an annual report to Congress listing weapons systems that are Significant Military Equipment (SME) and numbers thereof, forecasted to be available for transfer as EDA during the next calendar year.

Security Assistance Act of 2000, Section 706 of Public Law 106-280

Sense of the Congress resolution that there should be more use of the authority to sell excess defense articles under AECA section 21(a) (22 U.S.C. 2761) by using the flexibility afforded by AECA section 47(2) (22 U.S.C. 2794(2) to ascertain their market value.

FAA, Section 505 (22 U.S.C. 2314)

Establishes conditions of eligibility, transfers, use and security of grant EDA transfers.

FAA, Section 516 (22 U.S.C. 2321j)

Authority, limitations, terms of grant EDA transfers.

FAA, Section 516(b)(1)(E) (22 U.S.C. 2321j)
AECA, Section 21(k) (22 U.S.C. 2761)

EDA transfers will not adversely impact the U.S. national technology and industrial base nor reduce the opportunities of U.S. industry to sell new or used equipment to the proposed country. The Director, DSCA, determines the impact to industry with input from the Department of Commerce (DoC).

FAA, Section 516(c)(2) (22 U.S.C. 2321j)

Requires priority delivery of grant EDA to NATO members, major non-NATO allies on the south and southeastern flank of NATO (currently Egypt, Greece, Israel, Jordan, Portugal, and the Republic of Turkiye) and to the Philippines to the maximum extent feasible.

FAA, Section 516(e) (22 U.S.C. 2321j)

EDA recipients are responsible for Packing, Crating, Handling (PC&H) and Transportation costs, as well as refurbishment work and follow-on support. These services may be purchased from DoD through the FMS program. DoD funds may be expended for the transportation of grant EDA by exception if it is in the U.S. national interest, the transportation is on a Space Available basis, the total weight of the transfer does not exceed 50,000 lbs., and the recipient is a developing country receives less than $10M in International Military Education and Training (IMET) or FMF in the fiscal year the transportation is provided. Implementing Agencies must request Space Available authorization with the EDA request. Requests must include the total weight, proposed method and route of Space Available, and time frames or constraints. DSCA (Programs Directorate) seeks the required national interest determination (delegated to the Director, DSCA) and, when approved, notes Space Available transportation may be used in the EDA transfer authorization message.

FAA, Section 516(f) (22 U.S.C. 2321j)

A 30-day Congressional Notification is required prior to any EDA grant or transfer under the AECA of EDA that is SME or had an original acquisition value of $7M or more.

FAA, Section 516(g) (22 U.S.C. 2321j)

The aggregate current market value of grant EDA may not exceed $500,000,000 in any fiscal year. Congress may exclude the value of naval vessel transfers from this limit when it enacts legislation authorizing the transfer of such vessels. DSCA assures the ceiling limit is not exceeded.

FAA, Section 516(i) (22 U.S.C. 2321j)

EDA includes excess property of the USCG, and the term ‘Department of Defense’ includes the USCG with respect to such excess property.

FAA, Section 620(q) (22 U.S.C. 2370)

Limitation on assistance under FAA to countries in default on U.S. loans in excess of six months. When this sanction is enacted, all grant EDA transactions for the affected country are held until the sanction is lifted.

FAA, Section 644(g) (22 U.S.C. 2403)

The statutory definition of EDA excludes construction equipment (including tractors, scrapers, loaders, graders, bulldozers, dump trucks, generators and compressors). These items CANNOT be transferred under the EDA program.

Foreign Operations, Export Financing and Related Program Appropriations Act (enacted annually)

May require a 30-day Congressional Notification prior to any EDA grant of Significant Military Equipment (SME) or any transfer with an original acquisition value of $7M or more. May contain Brooke Amendment, which limits assistance to countries in default on U.S. Loans in excess of one year.

Foreign Relations Authorizations Acts (enacted periodically)

May authorize the use of funds appropriated to the DoD to pay PCH&T for EDA transfers for certain countries

NATO Enlargement Facilitation Act of 1996 [Public Law No. 104-208], Section 606 and Section 609

Requires priority delivery of grant EDA for Poland, Hungary, the Czech Republic, and Slovenia.

10 U.S.C. 2581

Requires all reasonable efforts to be made to refurbish excess UH-1 Huey and AH-1 Cobra helicopters prior to export to foreign countries unless transferred solely as a source for spare parts

10 U.S.C. 7307

Requires enactment of authorizing legislation to transfer naval vessels less than 20 years old or more than 3,000 tons. The value of these transfers is not normally included in the EDA ceiling limit (dependent upon current authorization language).

Cargo Preference Act of 1954 (46 U.S.C. 55305)

All grant EDA items transferred by ocean carriers must follow U.S. cargo preference requirements. IAs must consider cargo preference requirements when drafting Letter of Offer and Acceptance (LOAs). Recipient countries must use U.S. flag vessels unless a non-availability waiver has been issued by Maritime Administration (MARAD) (Administrator, Maritime Administration, Attn: Office of Cargo Preference (MAR591), Washington, DC 20590-0001).

Annual Special Legislation for PCH&T

Annual legislation may specify certain countries for which DoD funds for EDA PCH&T may be expended. SCOs and/or IAs must request funding of such transfers. Requests should identify the proposed source of DoD funds and the estimated PCH&T cost. DSCA is required to notify Congress of the use of this authority and of the estimated funds to be spent for each transfer that meets congressional notification requirements under FAA, section 516(f) (22 U.S.C. 2321j). Requests for such funding should accompany the EDA approval request. DSCA determines which transfers are funded based on budget constraints and priorities associated with the source of DoD funds. As these exceptions are authorized for a limited time period, they must be renewed.

National Defense Authorization Act (NDAA) for FY 2018, Section 1276 of Public Law 115-91

Requires that excess High Mobility Multipurpose Wheeled Vehicles (HMMWVs) must be refurbished and modernized before they are transferred to a foreign country for the purpose of operation by that country, unless the President waives this requirement in the national interests of the United States.

C11.3.2. Who Can Obtain EDA?

C11.3.2.1. Eligibility for EDA Sales. All FMS eligible countries can purchase EDA. See Table C4.T2.

C11.3.2.2. Eligibility for EDA Grants. To receive grant EDA, a country must be justified to Congress for the fiscal year in which the transfer is proposed via the annual notification letters to Congress with DoS concurrence. Eligibility does not guarantee that any EDA offers will be made on a grant basis. Each EDA transfer is considered case-by-case. Questions about a country’s eligibility to receive grant EDA should be addressed to DSCA (Programs Directorate, Building Partner Capacity Division (BPC)).

C11.3.2.2.1. FAA, Section 505 Assurances for Grant EDA. In order to be eligible to receive grant EDA, foreign countries must have agreed to blanket end-use, security, and retransfer assurances. The text of these assurances is established by law. The DoS obtains these FAA, section 505 (22 U.S.C. 2314), assurances via exchange of diplomatic notes. EDA offers will not be authorized until the exchange of notes has been completed and copies received by the Department of State’s Office of the Legal Advisor.

C11.3.2.3. Country Priority for Grant EDA. Priority delivery of grant EDA is given to NATO countries and to major non-NATO allies on the southern and southeastern flank of NATO, and to the Philippines to the maximum extent feasible over the delivery of such excess defense articles to other countries (FAA, section 516(c)(2) (22 U.S.C. 2321j)). Countries currently eligible for priority delivery are Egypt, Greece, Israel, Jordan, Portugal, and the Republic of Turkiye. Next priority is to countries eligible for assistance authorized by the NATO Enlargement Facilitation Act of 1996 (Section 609 of Public Law No. 104-208). These countries include Poland, Hungary, the Czech Republic, and Slovenia (Section 606 of Public Law 104-208).

C11.3.3. Congressional Notification Requirements. Proposed EDA grants or sales that contain SME or with an original acquisition cost of $7M or more require a 30-calendar day Congressional Notification (FAA, section 516(f) (22 U.S.C. 2321j), Foreign Operations, Export Financing and Related Programs Appropriations Act). Notifications, prepared by DSCA (Programs Directorate), include:

C11.3.3.1. The purposes for which the article(s) is provided to the country, including whether the article(s) was previously provided to the country;

C11.3.3.2. The impact on the military readiness of the United States;

C11.3.3.3. The impact on the national technology and industrial base and the impact on opportunities of this base to sell new or used equipment to the country;

C11.3.3.4. The current value and original acquisition value of the article(s); and

C11.3.3.5. As required, an estimate of PCH&T funds needed for transfers.

C11.3.4. EDA Pricing. EDA items are priced in accordance with DoD Financial Management Regulations (FMR) 7000.14-R, Volume 15, Chapter 7. Section 706 of Public Law 106-280 (the Security Assistance Act of 2000) states that it is the sense of Congress that the President should make expanded use of the authority to sell EDA by using the flexibility to ascertain the market value of the EDA. USD(C) is responsible for approving pricing exceptions. Storage charges are not automatically applied to EDA transfers; however; reasonable charges will be assessed against items stored beyond 60 days past LOA implementation. These charges must be stated in an LOA note. See Appendix 6 for the exact note wording.

C11.3.5. EDA Survey Messages. IAs use survey messages to advise the SCOs of potential recipients of present or future availability of EDA and to gather information to evaluate country requirements. Survey messages may be initiated only by the owning IAs and the USCG. Survey messages normally include item(s) description and condition. They may also include rough order of magnitude cost/value of end items, costs and lead-times for support items, supportability dates, and other information as appropriate. Survey messages should allow a 45-day response time to the extent feasible.

C11.3.5.1. Survey messages for non-SME are drafted by the IA and addressed to SCOs for action, with DSCA, DoS, DoC, the Joint Chiefs of Staff (J-5) and the Combatant Commanders (CCDRs) as information addressees.

C11.3.5.2. Survey messages for SME are drafted by the IA and forwarded to DSCA for coordination and approval with the Joint Chiefs of Staff (J-5), DoC, and DoS before release to SCOs for action. The issued survey message is sent only to SCOs approved in the coordination process to receive copies with information copies to DSCA, DoS, DoC, the Joint Chiefs of Staff (J-5), and the CCDRs. Copies of survey messages SHOULD NOT be forwarded to SCOs that are not included as an action or information addressee. Unapproved release could provide a false impression of DoD intent to offer materiel to a country not approved by DoD, DoS, and DoC.

C11.3.6. Joint Visual Inspection (JVI) of EDA. Countries are encouraged to inspect excess defense articles prior to delivery. An inspection can occur before or after an EDA transfer has been authorized. If an inspection occurs before the transfer is authorized, the IA must make every reasonable effort to ensure the partner nation understands that conducting the inspection is not a promise or guarantee by the U.S. government to transfer the inspected item. Countries must pay for their participation in a JVI. Countries can request a JVI by submitting a written request to the appropriate IA. IAs must provide written notice to DSCA and the Department of State at least 30 days prior to conducting the JVI. This provides an opportunity for DSCA and the Department of State to ensure that performing the JVI is consistent with U.S. national security and foreign policy. The notice must include the country name, the item(s) to be inspected, and the known or approximate dates when the JVI will occur. The notice must be sent to the DSCA Country Portfolio Director, the DSCA EDA Program Manager, and the Department of State (PM_RSATFMSTeam@state.gov).

Figure C11.F2. Letter and Worksheet for Exception to Joint Visual Inspection Policy

C11.3.7. Blanket Order EDA Transfers. Blanket order EDA cases and/or lines may be established only for non-SME consisting of spare parts and/or components, clothing, basic field equipment, and office equipment, supplies, furniture, or other non-SME items as approved by DSCA (Programs Directorate). Blanket order cases and/or lines for PCH&T may also be written in conjunction with EDA transfers of similar, non-SME items when the purchaser requests them. When spare or component parts are being transferred, the LOA must identify the end-item being supported.

C11.3.8. Title Transfer of EDA Items. Title to EDA items transfers at the point of origin except for items located in Germany. EDA items in Germany transfer title at the nearest point of debarkation outside of Germany. When using "space available" transportation or paying for transportation with DoD funds, title transfer at the destination should be considered on a case-by-case basis.

C11.3.9. Offer Termination. An unforeseen urgent U.S. Forces' requirement for an excess item may arise after it is offered to a country. When items previously offered are no longer available, the IA must notify DSCA (Programs Directorate), which will advise the DSCA Country Program Director and OUSD(P). Withdrawal of the offer should occur only after OUSD(P) has had the opportunity to weigh U.S. requirements against the potential damage to national security and foreign policy goals. If OUSD(P) agrees that U.S. requirements outweigh the potential damage to national security and foreign policy goals, then DSCA (Programs and Operations Directorates) advise the Department of State that the offer is being withdrawn. If OUSD(P) determines that U.S. requirements do not outweigh the potential damage to foreign policy goals, then the issue will be elevated to SecDef for decision under the procedures outlined in Section C6.4.7.

C11.3.10. Limitation on Assistance to Countries in Default. FAA section 620(q) (22 U.S.C. 2370) provides that no assistance under the FAA shall be furnished to any country in default of payment in excess of six months on any loan made under the FAA, while the annual legislation in the Foreign Operations, Export Financing and Related Program Appropriations Act generally provides that no funds appropriated in that act shall be used to provide assistance to any country in default of payment in excess of one calendar year on any loan under a program funded by that act. For countries that are in default of payment in excess of six calendar months, all grant EDA transactions for the affected country are put on hold until the sanction is lifted. Sales of EDA continue to be permitted under these sanctions.

C11.3.11. EDA Process. Table C11.T7. summarizes the EDA process.

Table C11.T7. EDA Process Flow

Step

Action

1
Determine Materiel Availability

Prior to the end of a fiscal year, the IAs forward a list of available EDA assets (type and quantity, not to include secondary items) to DSCA and a list of assets that are forecasted to become EDA during the next calendar year in accordance with AECA, section 25(a) (22 U.S.C. 2765(a)). DSCA provides this information to the DoS. The Executive Branch informs Congress in the annual Javits Report.

2
IA Issues Survey Message

IAs use survey messages to advise potential recipients of present or future availability of EDA and to gather information to evaluate country requirements. Survey messages normally include item(s) description, condition, rough order of magnitude cost/value of end items, costs and lead-times for support items, supportability dates and other information as appropriate. To the extent feasible, survey messages should allow a 45-day response time.

  • Survey messages for non-SME are drafted by the IAs and addressed to the SCOs for action, with DSCA, DoS, DoC, the Joint Chiefs of Staff (J-5) and the CCDRs as information addressees.
  • Survey messages for SME are drafted by the IAs and forwarded to DSCA for coordination and approval with the Joint Chiefs of Staff (J-5), the DoC, and the DoS before release to the SCOs for action.

The issued survey message is sent only to the SCOs in countries approved to receive copies by the coordination process with information copies to DSCA, DoS, DoC, the Joint Chiefs of Staff (J-5), and the CCDRs.

3
Purchaser Requests for EDA

A foreign country or international organization identifies a requirement for EDA by:

  • Responding to a survey message. SCO responses to these surveys should include a transfer justification as well as an assessment of the proposed recipient's capabilities to fund follow-on operational, maintenance, and training requirements. SCO responses are provided to the IA with a copy to the CCDR, the Joint Chiefs of Staff (J-5), and DSCA; or
  • Submitting a Letter of Request (LOR); or
  • Visiting DLA Disposition Services location or locating items via the DLA Disposition Services website.

Purchaser requests for grant EDA should identify the intended/anticipated recipient unit for any defense articles and/or services to be granted, recognizing such unit designations may change as the case is implemented and equipment is delivered to the host nation. The SCO will update the recipient unit designation at the time of LOA signature, if applicable, by alerting the IA who will input updated information into DSAMS.

4
Responses to EDA Requests

IAs must respond to an EDA request within 20 days. Responses should state which items are available as EDA and which items are currently not available. They should also indicate, if known, the fiscal year when such items may become available. An information copy of this response is sent to DSCA (Operations Directorate). No offer may be made at this time unless the appropriate approvals/notifications have been completed. The IAs must screen all EDA for items subject to the Missile Technology Control Regime (MTCR). See Chapter 3.

  • If the item is not currently available, the IA shall keep the request on-hand until the items become available or the request is withdrawn.
  • If enough assets are currently available, the IA submits the required information to DSCA (Programs Directorate) within 30 days of LOR receipt for coordination, approval and notification (if required) prior to offer. Figure C11.F3. illustrates the standard memorandum and attachment that must be completed for each proposed EDA transfer. A detailed justification, based on country requirements, must be included in each memorandum. Additionally, the national stock number and the Military Articles and Services List (MASL) of the item(s) proposed as EDA must be included in the information provided to DSCA to facilitate acceptance and delivery reporting by the IAs at the end of each fiscal year. Go to Step #9.
  • If not enough assets are available, go to Step #5.

5
IA Requests EDA Allocation

If requests exceed available assets, the IA submits a proposed allocation plan to DSCA (Programs Directorate) within 30 days of LOR receipt. The IA should consider the CCDR’s regional EDA allocation priorities when developing its recommendations. Figure C11.F4. illustrates the standard format for requests for allocation plans.

6
DSCA Develops DoD Position

DSCA (Programs Directorate) works with Office of the Secretary of Defense (OSD) regional offices and the Joint Chiefs of Staff to develop a DoD position on which country(ies) should receive the asset(s). Concurrently, the DoS works with its offices to determine a DoS position on allocation of the assets. When possible, interested parties are notified 30 days in advance to prepare papers and justify their proposed allocation plans.

7
EDA Coordinating Committee (CORCOM) Convened

When requirements exceed assets DSCA (Programs Directorate) and the DoS co-chair an EDA Coordinating Committee (CORCOM) meeting to develop a coordinated plan to allocate EDA assets to potential recipients. The EDA CORCOM also consists of members from the Joint Chiefs of Staff (J-5) and the DoC. DSCA consolidates and represents the input of each of the regional offices within OSD. The EDA CORCOM considers the following criteria:

  • Arms transfer criteria specified by the President’s Conventional Arms Transfer Policy
  • Combatant Command (CCMD) priorities
  • Regional balancing as dictated in legislation or to achieve maximum benefit for the United States
  • Potential impact on the ability of U.S. Industry to sell new or used equipment
  • Matches of country requirements with items available
  • Ability of the country to effectively use and support the items
  • Item location and transportation requirements
  • Ability of the country to afford refurbishment of the items

8
Staffing Recommended Allocation Plan

If the EDA CORCOM finalizes an allocation plan, the Director, DSCA, signs and sends the allocation plan to the relevant IA for action.

If the EDA CORCOM cannot finalize an allocation plan, a recommended allocation plan is staffed for approval within OSD Policy before submission to the DoS for final approval. This coordination process takes approximately 30 to 45 days. After DoS approval, the Director, DSCA, signs and sends the allocation plan to the relevant IA so that it can begin preparing the individual cases.

9
Congressional Notification

If the proposed transfer does not meet Congressional Notification requirements, go to Step #10.

If the proposed transfer requires Congressional Notification, DSCA assembles a Congressional Notification package. DSCA (Programs Directorate) coordinates the package with the Under Secretary of Defense for Policy (USD(P)) regional office, DSCA (Operations and Strategy Directorates, Office of the General Counsel (OGC), and Legislative and Public Affairs(LPA)), DoC and DoS Bureau of Political-Military Affairs, Office of Regional Security and Arms Transfers (DoS (PM/RSAT)). The Congressional Notification period is 30 days. Go to Step #11.

10
EDA Determination

For transfers that do not require Congressional Notification, a DSCA Determination is required before items can be authorized for transfer. DSCA prepares this Determination and coordinates it with the USD(P) regional office, DSCA (Operations Directorate and the Office of the General Counsel), DoC and DoS (PM/RSAT).

11
Authorization to Offer EDA

For EDA sales or grant transfers, DSCA (Programs Directorate) sends a message to the IA authorizing the offer and transfer of items to the proposed country. An information copy is sent to the SCO, DoS, the CCDR, the Joint Chiefs of Staff (J-5), and MARAD. Each message contains a Record Control Number (RCN) associated with the grant transfer that is used for requisitions. IAs should not submit LOAs for EDA grants, sales, or associated services to DSCA prior to their receipt of DSCA’s authorization message.

12
LOA Preparation and Processing

The IA prepares an LOA for the grant EDA items, any EDA items being sold, and/or any supporting services or non-EDA articles associated with the transfer. For cases in which EDA is not the primary item being transferred, normal case writing rules apply. For cases in which EDA is the primary item being transferred, the following three steps apply:

  1. Case nickname: "EDA Grant" or "EDA Sale."
  2. Term of Sale: If the EDA transfer is a grant item, the term of sale should reflect "EDA Grant." If there are non-EDA grant items on the LOA, the LOA must include a dollar breakout for each term of sale used.
  3. Case Description:
    1. For an EDA grant transfer the case description should include the statement "is for the EDA grant transfer of [quantity] of [material nomenclature] under Section 516 of the Foreign Assistance Act of 1961 as amended…"
    2. For an EDA sale, the case description should include the statement, "is for the EDA sale of [quantity] of [material nomenclature] under Section 21 of the Arms Export Control Act as amended…"

The following additional rules apply for any line of any case in which EDA is being transferred by grant or sale:

  1. Line Item Description: For both EDA grants and sales, including amendments or modifications when an EDA grant or sales line item is added or changed, the line item description must include the EDA original acquisition value.
  2. Source Code: "E" for "Excess."
  3. Type of Assistance Code
    1. For an EDA grant transfer: "A – FAA Excess Defense Articles - non-reimbursable"
    2. For an EDA sale: "3 – Cash Sale from Stock-payment in advance" or appropriate code for corresponding Term of Sale.
  4. If the EDA transfer is a grant, offer release code and delivery term code may remain blank if special shipping instructions apply.
  5. If the EDA transfer is a grant, unit and total price should reflect $0 value. EDA sales follow normal LOA writing rules for inclusion of unit and total price.
  6. Line item description note: Each line for an EDA grant or sale item must include a line item description note that includes the equipment being transferred, item nomenclature, quantity, original acquisition value, and current estimated value at the time of transfer, location, condition code and RCN. If the EDA transfer is a grant, include the phrase "Grant Value is $0" to correspond with the $0 value in the line.
  7. Special EDA notes must be included as standalone notes on the LOA. See Appendix 6 for exact wording.

13
Delivery Documentation

The Implementing Agency is required to complete a DD Form 1348-1a, "Issue Release/Receipt Document;" DD Form 1149, "Requisition and Invoice/Shipping Document;" or other equivalent form, such as a DD Form 250 "Material Inspection and Receiving Report," as official documentation of delivery.

14
Tracking EDA Offers and Deliveries

IAs notify DSCA (Programs Directorate) when offers have been accepted/rejected and items have been delivered. Not later than 45 days following the end of the fiscal year, the IAs provide DSCA a year-end report of accepted/delivered offers from each IA. IAs provide this data in the format required by DSCA (Programs Directorate).

Figure C11.F3. Sample EDA Transfer Memorandum and Enclosure

Figure C11.F4. Sample EDA Allocation Plan Request

C11.3.12. EDA for Naval Vessels. The Navy International Programs Office (Navy IPO) is responsible for transfers of U.S. naval vessels and for the administration of transfers of USCG vessels and other excess USCG equipment. Ship Transfer Allocation Plans and any accompanying legislation must be approved by the Chief of Naval Operations and coordinated with the Secretary of the Navy before forwarding to DSCA for USD(P) action. DSCA coordinates all EDA ship transfers with USD(P), the Joint Chiefs of Staff (J-5), DoC, and DoS to ensure compliance with statutory notification and authorizing legislation requirements.

C11.3.13. Defense Logistics Agency (DLA) Disposition Services Transfers. Major end items are usually available from IAs. Other EDA, including most parts and components, are transferred to DLA Disposition Services when they become excess. DRMO-held EDA are listed on the DLA Disposition Services Web Page, a computerized inventory searching service designed to provide information on all stock-numbered items in the DLA Disposition Services inventory. Interested countries can identify these items and request that they be transferred by EDA grant or sale.

C11.3.13.1. For minor items, the country requests an LOA from DLA Disposition Services for a sum agreed upon by the country to fund sale and/or PCH&T, and DLA Disposition Services staffs a blanket EDA request to an agreed upon value. The country requisitions property via the web, and DLA Disposition Services fills and ships the order as the items become available.

C11.3.13.2. For major end items and SME, the country finds items on the website and selects them via a web request. DLA Disposition Services staffs the EDA request and prepares an LOA. When the LOA is signed and funds have been obligated, DLA Disposition Services fills and ships the order.

C11.4.1. Definition and Purpose. Whenever the President determines it to be consistent with, and in furtherance of, the purposes of Part I of the FAA and within the limitations of the Foreign Assistance Act of 1961,section 607 of the FAA authorizes any agency of the USG to furnish services and commodities on an advance-of-funds or reimbursement basis to friendly countries, international organizations, the American National Red Cross, and voluntary nonprofit relief agencies/private voluntary organizations (PVOs) registered with and approved by the U.S. Agency for International Development (USAID). For the purposes of the FAA, "services" include any service, repair, training of personnel, or technical or other assistance or information used for the purposes of furnishing nonmilitary assistance. "Commodities" includes any material, article, supply, goods, or equipment used for the purposes of furnishing nonmilitary assistance. The President's authority to make determinations under section 607 was delegated to the Secretary of State and to the Administrator of USAID for matters within their respective areas of responsibility in a memorandum dated February 16, 1995. A list of registered PVOs can be found at the following USAID website: https://pvo.usaid.gov/usaid/.

C11.4.2. Requests for Sales. A Letter of Request (LOR) that details the services and/or commodities needed is submitted by a foreign government or international organization, as referenced in C11.4.1, to the USG through the U.S. Embassy Security Cooperation Organization (SCO). The LOR should indicate the proposed method of financing and whether Price and Availability (P&A) data, a Letter of Offer and Acceptance (LOA), an LOA Amendment or LOA Modification is desired. Once endorsed by the Embassy SCO, a copy of the LOR should be forwarded to the appropriate Implementing Agency (IA) and DSCA alerting each organization of the request. The LOR is subsequently forwarded by the IA to USAID with a request for a determination from USAID, which is coordinated with the Department of State (DoS), on whether it approves or disapproves of the request. Once USAID has approved or disapproved the request, the determination is sent back to the IA for onward coordination and processing with DSCA. Prior to the development of an LOA, the IA furnishes P&A data to DSCA (Operations Directorate) for appropriate coordination with the Office of the Secretary of Defense (OSD).

C11.4.3. Letter of Offer and Acceptance (LOA). The USG uses an LOA to track the sale of services and/or commodities (to include training, and design and construction services) under the authority of FAA, section 607. The LOA itemizes the services and/or commodities included in the LOR. Like other FMS LOAs, section 607 LOAs authority are signed by the country and/or organization receiving the services and/or commodities.

C11.4.3.1. LOA Preparation Timeframe. Section 607 LOAs are categorized as "Group D" and will be processed according to the guidelines provided in Section C5.3.2.

C11.4.3.2. LOA Preparation. The IA develops a section 607 LOA in the Defense Security Assistance Management System (DSAMS) to allow execution of these programs through existing Security Assistance automation systems. Section 607 LOAs follow the same LOA preparation guidelines as FMS LOAs. See Section C5.4.5.

C11.4.3.3. LOA Format. LOA format guidance provided for FMS LOAs in Figure C5.F6. applies to section 607 LOAs except as identified in Table C11.T8.

Table C11.T8. Unique Instructions for Preparing Section 607 LOAs

#

Unique Instructions for Preparing a Letter of Offer and Acceptance for Section 607 Cases

1

Case Identifier. For section 607 LOAs, the case identifier is composed of country code "S6" (FAA, section 607 Transactions - Payment in Advance), the Implementing Agency code of the DoD Component providing support, and a case designator assigned by DSCA (Strategy Directorate).

2

Purchaser's Reference. The USAID Determination that covers the region or country being supported is entered in the "Based on" field.

3

Nickname Field. The country/organization receiving the support and the type of support (e.g., section 607 - [insert country/international organization]) is identified in the "nickname" field on the LOA.

4

Terms of Sale. The Term of Sale for all section 607 LOAs is "Cash with Acceptance."

5

Transportation. Transportation costs for section 607 LOAs are required to be included as actual costs above-the-line and must contain Delivery Term Code (DTC) "4".

C11.4.3.4. Pricing of LOAs.

C11.4.3.4.1. Commodities. The price of commodities sold under this authority is the acquisition cost adjusted, as appropriate, for condition and age; or the Defense Working Capital Fund (DWCF) standard price.

C11.4.3.4.2. Services and/or Training. The price of services and/or training sold under this authority is the amount of additional costs incurred by the DoD to provide such services. For DoD airlift services, the rate is that specified for Joint Chiefs of Staff exercises in the Catalog of USG and Non-USG Airlift Rates published annually by the US Transportation Command (TRANSCOM).

C11.4.3.4.3. Surcharges and Accessorials. FMS surcharges (i.e. FMS Administration Fee and Contract Administrative Surcharge (CAS)) and accessorial rates apply (i.e. Transportation and Packing, Crating and Handling - PC&H). DoD FMS resources support this effort and are reimbursed through the normal FMS surcharges and accessorial accounts. Any request to deviate from the application of these surcharges and accessorials must be sent to DSCA (Business Operations Directorate) for approval.

C11.4.3.4.4. Nonrecurring Cost (NC). NC does not apply to section 607 LOAs.

C11.4.3.5. Additional LOA Information. Each section 607 LOA must include, as an attachment, a copy of a State Department or USAID determination authorizing the sale. The LOA Standard Terms and Conditions apply to section 607 LOAs as do all other mandatory notes. Notes regarding inclusion of charges on the document (e.g., Administrative Surcharge and CAS notes) apply to these LOAs as well. See Appendix 6 for exact wording of these notes.

C11.4.3.6. DSCA Coordination and Countersignature of LOAs. All section 607 LOA documents require DSCA countersignature. See Section C5.4.13. The Implementing Agency posts the country acceptance milestone in DSAMS after purchaser signature.

C11.4.3.7. Support to the United Nations (UN). Rather than signing the LOA, when the UN accepts a section 607 LOA it incorporates the documents into a UN Letter of Assist (UNLOA). UNLOAs are considered by the UN to be firm fixed-price contracting documents. They are submitted, with a copy to DSCA, to the IA for review of prices, delivery dates, and other data. After coordination with the IA and appropriate OSD and DoS activities, DSCA grants approval to IA to provide the commodities or services. Multiple UNLOAs should not be executed on a single LOA. However, multiple LOAs may be prepared to support a single UNLOA.

C11.4.4. Management of Funds. Section 607 sales are cash in advance. Defense Finance and Accounting Service (DFAS) Indianapolis establishes a sub-account within the FMS Trust Fund for these transactions. If advance payments are deposited into this account, standard procedures, including direct citing of the FMS Trust Fund on the DoD contract, apply.

C11.4.5. LOA Reporting. The DSCA 1200 system is used to record section 607 LOAs and is distinguished by the type of sales code of "S-FAA" from other FMS agreements. The Implementing Agency submits delivery reporting for these cases. Transportation costs for section 607 LOAs are reported as actual costs on above-the-line delivery reports. All delivery reports must contain Transportation Bill Code (TBC) "D." Government Bills of Lading cite the transportation line of the section 607 case and do not cite the FMS Trust Fund Transportation Clearing Account.

C11.4.6. LOA Billing. For non-UN support, standard billing procedures are used for section 607 LOAs. For UN support, the following guidelines apply:

C11.4.6.1. "S6" LOAs (Payment in Advance). The IA provides DFAS Indianapolis a monthly forecast using a payment schedule. DFAS Indianapolis prepares a special monthly bill on or about the 15th of each month. The bill shows the LOA and the UNLOA designators and forecasted payment amount for the current month. It is based on delivery reports received from the IA. Monthly delivery listings are also provided to the UN. DFAS Indianapolis coordinates the bill with DSCA and forwards it to the UN through the U.S. Mission to the United Nations (USUN).

C11.4.6.2. "S5" LOAs (Reimbursable). As a matter of policy, "S5" or reimbursable section 607 cases are no longer executed by DSCA.

Arms Export Control Act (AECA), Section 30 (22 U.S.C. 2770) authorizes the USG to sell defense articles and defense services to U.S. companies in support of direct commercial exports pursuant to an approved export license. Authority to approve such sales has been delegated to the Director, DSCA. When the sale has been approved, the Implementing Agency concludes and executes the sale contract with the purchasing company.

C11.5.1. AECA, Section 30 Sales Eligibility Requirements. If an Implementing Agency receives such a request, it must determine whether the proposed sale meets all of the criteria in Table C11.T9.

Table C11.T9. AECA Section 30 Sales Eligibility Requirements

#

Statutory Eligibility Requirements

1

Sale is to a company incorporated in the United States that has an approved export license for final assembly, manufacture, or concurrent or follow-on support of an end item being procured for the armed forces of a friendly country or for an international organization.

2

The articles would be supplied to the prime contractor as GFE/GFM if the end item were being procured for the use of the U.S. Armed Forces;

3

Any services being provided must be performed in the United States and may include transportation, installation, testing, or certification that are directly associated with the sale.

4

And the articles and services are available only from USG sources or are not available to the prime contractor directly from the U.S. sources at such times as may be required to meet the prime contractor’s delivery schedule.

C11.5.1.1. AECA, Section 30 Sales from Stock. Unless approved by USD(P) in coordination with the Under Secretary of Defense for Acquisition, Technology, and Logistics (USD(AT&L)), sales are not authorized if they result in stocks dropping below the reorder point.

C11.5.1.2. AECA, Section 30 Sales from Procurement. When procurement or manufacture in Government-owned facilities is required, the Implementing Agency determines if a sale shall be concluded. In determining production priorities, the Implementing Agency considers existing requirements and schedules manufacture, allocation, and delivery on a first-in first-out basis guided by DoD Manual 4140.1 and related assignments of Force Activity Designators (FADs) by the Chairman of the Joint Chiefs of Staff. For questions of priority among competing U.S. or foreign requirements, refer to Section C6.4.6.

C11.5.2. If the proposed sale is consistent with these requirements, the Implementing Agency provides the following information listed in Table C11.T10. to DSCA (STR/POL).

Table C11.T10. AECA Section 30 Sale Approval Request Details

Required Information

Purchasing Company

Items/Quantity or Service

End Item Application (if applicable)

End Item Purchaser (country or international organization)

Number and Date of the Munitions Export License or other Export Approval

DSCA (STR/POL) will staff the request with the Director, DSCA, and inform the Implementing Agency of the decision. Once informed in writing that the Director, DSCA, has approved a proposed sale, the Implementing Agency’s contracting activity will execute the sale agreement.

C11.5.3. AECA, Section 30 Sales Format. A unique sales agreement is used by the USG for the sale of defense articles and/or services to U.S. companies under the authority of AECA, section 30 (22 U.S.C. 2770) The sales agreement includes the information outlined in Table C11.T11.

Table C11.T11. AECA, Section 30 Sales Agreement Requirements

#

General Provisions and/or Notes Required

1

The USG retains the right to cancel in whole or in part or to suspend performance at any time under unusual or compelling circumstances if the national interest so requires.

2

The USG provides no warranty or guarantee, either expressed or implied, regarding the item being sold.

3

The USG shall provide best efforts to comply with the delivery lead time cited, but incurs no liability for failure to meet an indicated delivery schedule.

4

The USG shall use its best efforts to deliver at the estimated price, but that the purchaser is obligated to reimburse the USG for the total cost if it is greater than that price.

5

The item sold may be used only for incorporation into end items (or as concurrent or follow-on support in conjunction with a sale of the end item) for export under an approved export license and may not be used for other purposes.

6

The purchaser renounces all claims against the USG, its officers, agents, and employees arising out of or incident to this agreement, whether concerning injury to or death of personnel, damage to or destruction of property, or other matters, and shall indemnify and hold harmless the USG, its officers, agents, and employees against any such claims of third parties and any loss or damage to USG property.

7

The U.S. company agrees to provide protection of classified information and requires that the agreement with the foreign Government provides protection of U.S. classified information.

8

The purchaser is responsible for any insurance desired and, when applicable, export customs clearance.

9

The purchaser is required to reimburse the USG for all costs incurred by the USG if the purchaser cancels the purchase agreement before item delivery.

10

Delivery is Free On Board (FOB) point of origin. The purchaser must arrange for continental U.S. (CONUS) transportation (except for sensitive or hazardous cargo that is normally shipped via the Defense Transportation System (DTS)).

11

Payment terms.

  1. Sales of Articles from Stock. Total payment is required in advance for the full cost of any USG shipment.
  2. Sales of Articles or Services from Procurement, or Sales of Services from Resources on Hand. Payment is normally cash payable in full at the time the agreement is signed. Based on purchaser request, a payment schedule may be considered when full funding is not immediately required. When requested by the purchaser, the Implementing Agency, in coordination with the contracting officer, may negotiate a payment schedule that complies with the Security Assistance Management Manual (SAMM). Funds must be available prior to USG entering into a contract, submitting a MIPR, or making other obligations. Payment is equal to the full cost of the obligations plus reasonable uncertainties, such as costs which could be incurred should it become necessary to prematurely terminate the Sales Agreement.

C11.5.3.1. Pricing of AECA, Section 30 Sales. Prices, accountability, and disposition of collections shall be in accordance with DoD 7000.14-R Volume 11a, Chapter 1. The Implementing Agency executing the Section 30 sale shall ensure it recovers its full cost of executing the sale, to include pricing elements as outlined in Volume 11a, Chapter 1, Addendum 1, "To Private Parties." FMS Administrative surcharge and accessorial rates are not applicable to Section 30 sales. Sales shall be in cash, with payment upon signature of the sales agreement by the USG and U.S. company representatives. Payment in U.S. dollars shall precede procurement, production action, delivery (in cases of stock sales), and/or performance of service. Funds obligated for a reimbursable procurement, internal production of articles, or provision of services may not exceed the cash received from an authorized purchaser. If there is an increase in the cost, the purchaser is required to make additional cash payments to fund the costs.

C11.5.3.2. Planning Data. To allow planning and marketing, Implementing Agencies are authorized to provide cost and delivery data to authorized potential purchasers in advance of approval of a sales agreement. Such data must be identified as estimates that are not binding on the USG.

C11.5.4. Records and Reporting. The Implementing Agency maintains a central record showing the purchaser, item being sold, source (stock, DoD production, or procurement), cost estimate or (if delivered) billed price, end item (if applicable), ultimate recipient (country or international organization), and export license number and date or other DoS approval. Information from this record is provided to DSCA upon request.

C11.6.1. Definition and Purpose. Under AECA, section 61 (22 U.S.C. 2796), the President may lease DoD defense articles to eligible foreign countries or international organizations for a period not to exceed 5 years and a specified period of time required to complete major refurbishment work prior to delivery. The President has delegated this authority to the Secretary of Defense who has redelegated authority to the Director of DSCA. There must be compelling foreign policy and national security reasons for providing such articles on a lease basis, and the articles must not be needed for public use at the time. Leases may provide defense articles for testing, to allow the USG to respond to an urgent foreign requirement, or for other purposes as approved by the DSCA Director. Table C11.T12. summarizes legal references pertinent to the leases.

Table C11.T12. Lease Legislation Summary

Legislation

Subject

AECA, Subchapter VI

Lease authority, limitations, and terms

AECA, Section 62 (22 U.S.C. 2796a)

Congressional Notification

AECA, Section 63(a) (22U.S.C. 2796b)

Legislative Review

FAA, Section 484 (22 U.S.C. 2291c)

Aircraft made available to a foreign country primarily for narcotics-related purposes shall be provided on a lease or loan basis, rather by sale or grant, unless to do so is determined contrary to the national interest and Congress is so notified.

10 U.S.C. 7307

Unique requirements regarding ship leases

C11.6.2. Who Can Lease Defense Articles? Defense articles may be leased to a country or international organization if that country and/or organization is eligible for Foreign Military Sales (FMS) purchases. See Table C4.T2. for a list of eligible countries and/or organizations.

C11.6.3. What Can Be Leased? The President may lease defense articles from DoD stock to eligible foreign countries or international organizations if there are compelling foreign policy and national security reasons for providing such articles on a lease basis rather than as a sale; the articles are not needed for the time for public use; and the effects of the lease on the national technology and industrial base are considered, particularly the extent, if any, to which the lease reduces the opportunity of U.S. manufacturers to sell new equipment to the lessee.

C11.6.3.1. Naval Vessel Leases. Naval vessel leases are subject to additional requirements contained in 10 U.S.C. 7307, which requires specific statutory authorization for the lease of naval vessels in excess of 3000 tons or less than 20 years of age, and Congressional notification for other naval vessels. AECA, Subchapter VI requirements also apply to naval vessel leases unless the separate legislation expressly provides otherwise.

C11.6.4. Counternarcotics Aircraft. The Foreign Assistance Act (FAA), section 484 (22 U.S.C.2291c), requires aircraft made available to a foreign country primarily for narcotics-related purposes shall be provided on a lease or loan basis, rather than by sale or grant, unless to do so is determined contrary to the national interest and Congress is so notified. It further requires that if Foreign Military Financing (FMF) is used to finance the leasing of aircraft the entire cost of any such lease (including any renewals) shall be an initial, onetime payment of the amount which would be the sales price for the aircraft if they were sold via FMS.

C11.6.5. Lease Preparation and Format. Leases are prepared using the Defense Security Assistance Management System (DSAMS). Implementing Agencies (IAs) are responsible for preparing leases in accordance with this manual.

C11.6.6. Lease Duration. The lease shall provide that the USG may terminate the lease at any time during the lease period and require the immediate return of the defense article(s). Leases may be written for a maximum of five years and a specified period of time required to complete major refurbishment work prior to delivery. Leases may include multiple items with different lease duration periods. The shortest lease period is one month; the longest 60 months and a specified period of time required to complete major refurbishment of the leased articles to be performed prior to their delivery of the leased articles. Leases of less than five years may be extended via an Amendment, but the total period under a specific lease may not exceed five years plus the time needed for major refurbishment work. The lease period begins on the date shown at the beginning of the lease, provided that any initial deposit has been paid, unless the period is otherwise specified within the terms and conditions. If the purchaser signs the lease after the proposed starting date, the lease must be amended to show the actual lease start date and any payment adjustments necessary to the payment schedule (Schedule A).

C11.6.6.1. Lease Format. The lease format, including sample data and preparation instructions, is provided in Figures C11.F5. through C11.F9. This format may not be altered unless special circumstances require an exception authorized by DSCA (Programs and Strategy Directorates). Additional provisions may be added to a lease when appropriate and with concurrence of DSCA (Programs, Strategy Directorates, and Office of General Counsel (OGC)).

C11.6.6.2. Lease Identification. The IA assigns a unique designator to each lease in DSAMS. The lease designator is composed of the FMS Customer Code, the IA code, and a 3-position code assigned by the IA. The lease designator is included on each lease page, including schedules, appendices, and accompanying documents. FMS cases associated with leases must reference the lease designator(s).

C11.6.7. Lease Pricing.

C11.6.7.1. Rental Payment. The lessee must agree to pay in U.S. dollars all costs incurred by the USG in leasing articles, including reimbursement for depreciation of articles while leased. The rental payment is calculated in accordance with DoD Financial Management Regulations (FMR) 7000.14-R, Volume 15, Chapter 7. Rental payments do not include an administrative charge.

C11.6.7.2. Exceptions. Certain leases do not require reimbursement of depreciation or may be eligible for waiver of reimbursement. DSCA must authorize the exception prior to the IA’s notifying a potential lessee that a no-rent lease is available.

C11.6.7.2.1. The requirement for reimbursement of depreciation and other costs incurred by the USG in leasing the articles does not apply to leases for the purposes of cooperative research or development, military exercises, or communications or electronics interface projects.

C11.6.7.2.2. The President may waive reimbursement of depreciation for any defense article(s) that has passed three-quarters of its normal service life if he or she determines that to do so is important to the national security interests of the United States. This waiver authority has been delegated to the Director, DSCA, in accordance with the provisions of DoD Directive 5105.65. When requesting this waiver, the IA must provide DSCA (Programs Directorate) the following information:

  • A letter certifying that the items are beyond three-quarters (75 percent) of their service life,
  • A spreadsheet showing how replacement costs were calculated, a spreadsheet showing what the depreciation charges would normally be;
  • And, if applicable, a spreadsheet showing how partial depreciation charges were calculated and a copy of any prior or related waivers.

C11.6.7.2.3. The President may also waive reimbursement of depreciation in exchange for the lessee’s lease of defense articles to DoD on substantially reciprocal terms. In these cases, the President submits a detailed notification for each lease to the Committees on Foreign Affairs and on Appropriations of the House of Representatives, and to the Committees on Foreign Relations and Appropriations of the Senate. Unless Congress provides otherwise, this waiver authority may be exercised only once during the current fiscal year, and only with respect to one country.

C11.6.7.3. Replacement of Lost and/or Damaged Items. The lessee must agree to pay the costs of restoration or replacement if the articles are lost, damaged, or destroyed while leased. For lost or destroyed items, the customer is charged the replacement cost, adjusted for the depreciated value of the destroyed item, if the United States intends to replace the articles, or the actual article value (depreciated value of the most recent procurement cost of the article) if the United States does not intend to replace the articles. These charges may be recouped through amendment or modification of the annotated support case listed in the lease or establishment of a separate LOA.

C11.6.7.4. Payment Schedules. Schedule A of each lease identifies the replacement cost(s) of the item(s) being leased and the schedule for rental payment due to the USG. The payment schedule is established on a quarterly billing cycle compatible with the FMS billing cycle. If the quarterly cycle does not provide for payment prior to the effective date of the lease, an initial deposit is required to assure that payment is received in advance of the month in which a rental charge is incurred. Billings to the foreign lessee are based on this schedule of payments and are included on a separate DD Form 645A with the country’s quarterly FMS billing statement. The IA assures that payment schedules are updated for any extensions, delivery schedule changes, or other Amendments that may result in a change to the lease value or schedule of payments. DFAS deposits receipts from lease rental payments into the Miscellaneous Receipts Account 3041 (FMS Recoveries, DoD Lease Costs) in accordance with the Treasury Financial Manual, Supplement to Volume 1.

C11.6.7.5. Use of FMF or Military Assistance Program (MAP) Merger Funds. When authorized by DSCA (Business Operations and Operations Directorates), FMF or MAP Merger funds may be used to fund LOAs for services associated with a lease, but the AECA does not allow their use for rental payments for leases made pursuant to AECA, section 61 (22 U.S.C. 2796), except for leases of aircraft for counternarcotics purposes pursuant to FAA, section 484 (22 U.S.C.2291c). In such instances, the total lease cost (including any renewals) is an initial, one-time payment of an amount equivalent to the aircraft price as if it were sold on an LOA. Questions regarding proper sources of funding for leases should be directed to DSCA (Business Operations Directorate).

C11.6.8. Congressional Notification Requirements. AECA, section 62(a) (22 U.S.C. 2796a) requires written certification from the President to the Speaker of the House of Representatives, the Chairman of the Committee on Foreign Relations of the Senate, and the Chairman of the Committee on Armed Services of the Senate before entering into or renewing a lease agreement for a period of one year or longer. AECA Section 62(c) (22 U.S.C. 2796a) requires that the certification must be transmitted not less than 15 calendar days before agreements with NATO, NATO member countries, Australia, Japan, the Republic of Korea, Israel, or New Zealand and not less than 30-calendar days before agreements with all other countries or organizations. The certification includes the country or international organization to which the defense article is to be leased; the type, quantity, and value (in terms of replacement cost) of the defense article to be leased; the terms and duration of the lease; and the justification for the lease, including an explanation of why the defense article is being leased rather than sold. AECA, section 62(b) (22 U.S.C. 2796a) authorizes waiver of the Congressional Notification for leases if the President states in his or her certification that an emergency exists that requires the lease be entered into immediately in the interest of U.S. national security. The certification must include a detailed justification with a description of the emergency circumstances and a discussion of the national security interests involved. This authority is reserved by the President and has not been delegated to the Secretary of Defense. In the event of such an emergency, DSCA (Programs Directorate) provides instructions to the IA.

C11.6.9. Lease Process. Table C11.T13. summarizes the lease process.

Table C11.T13. Lease Process

Step

Action

1
Purchaser Request for Lease

An eligible foreign country or international organization identifies a requirement and submits an LOR to the respective IA with a courtesy copy to DSCA (Programs Directorate).

2
Responses to Lease Requests

The IA determines whether a lease is a viable option and whether the items are needed for public use during the proposed lease period. DSCA (Programs Directorate) should be consulted at this time.

With DSCA (Programs Directorate) approval, the IA responds to the country/organization stating whether the equipment is available and whether a lease is an available option. No actual offer may be made until the appropriate approvals/notifications are complete.

If the IA recommends application of an exception to a customer’s reimbursing depreciation costs, the IA must provide justification and receive authorization from DSCA (Programs Directorate) before advising the customer of the exception.

3
IA Prepares Lease

The IA prepares lease documents in DSAMS in accordance with Figures C11.F5. through C11.F9. The lease package consists of: the lease agreement with all terms/conditions and payment schedule (Schedule A), the determination of compelling foreign policy and national security interests and that the articles are not for the time needed for public use, a statement as to why a lease is preferable to a sale, a forwarding memorandum, and a draft Congressional Notification if the duration of the proposed lease exceeds one year.

4
IA Coordinates the Lease

The IA coordinates the lease package internally. The IA must screen all lease items for articles controlled under the Missile Technology Control Regime (MCTR). See Chapter 3. After the IA has reviewed/coordinated on the lease package, it enters the "MILSGN" milestone into DSAMS. This milestone changes the lease status to "Proposed."

5
IA Submits Lease Package to DSCA

For leases that are less than one year in duration, the IA submits the lease determination and forwarding cover memorandum to DSCA (Programs Directorate) electronically for countersignature. For leases that are one year or longer in duration, the IA submits the lease, determination, Congressional Notification certification, and forwarding cover memorandum to DSCA (Programs Directorate) electronically for countersignature.

If not submitted electronically, lease packages for countersignature may be submitted to:

Lease Program Manager (DSCA (Office of International Operations, Global Execution Directorate, Assistance & Monitoring Division (IOPS/GEX/AMD))
Defense Security Cooperation Agency
2800 DEFENSE PENTAGON
WASHINGTON, D.C. 20301-2800

6
DSCA Coordinates Lease Package

DSCA (Programs Directorate) coordinates the lease package within DSCA and with OSD (Regional Offices) and the DoS.

If the lease is for less than one year in duration, go to Step #8.

7
DSCA Prepares Congressional Notification

DSCA (Programs Directorate) prepares the notification to Congress required by AECA, section 62(a) (22 U.S.C. 2796a). All documents are coordinated with OSD (Regional Offices), DoS, and DSCA before the Director, DSCA, signs the notifications. If a lease requires Congressional Notification, an advance draft copy of the unsigned lease may be provided to the customer when the Congressional Notification has been delivered to Congress.

8
DSCA Signs the Lease Determination and Countersigns the Lease

Upon completion of coordination, and the Congressional Notification period if required, DSCA (Programs Directorate) submits the lease determination to the Director, DSCA, for signature. After signature, DSCA enters the "DCSGN" milestone in DSAMS. This milestone automatically sets the lease status to "Offered" and posts "DSCA Approved" and the date of the DCSGN milestone in the countersignature block. DSCA provides a copy of the signed Determination to the IA.

9
IA Sends Lease to Customer

Upon receipt of the "DCSGN" milestone, the IA signs the lease document and sends it to the customer for review/signature.

10
Customer Acceptance

The customer signs the lease and sends any required initial deposit to DFAS Indianapolis. If the purchaser signs the lease after the proposed starting date, the lease must be amended to show the actual lease start date and any payment adjustments necessary on the Schedule A.

11
Lease Implementation

The IA assures that DFAS has received the initial deposit (if required). After receipt of the deposit the lease is implemented. DFAS receives DSAMS Management Flags when a lease moves to "Offered" status and "Implemented" status.

12
Lease Execution

The IA or DSCA (Programs Directorate) may require a certificate of delivery (See Figure C11.F10.) when a leased item(s) is provided to the lessee. The IA is responsible for tracking and monitoring the lease to ensure conditions of the lease agreement are followed. These responsibilities include (but are not limited to):

  • Maintaining a record of all items including associated tools, ground support equipment, and other materiel to be recovered at the end of the lease
  • Ensuring monitoring of the defense articles during the period of the lease
  • Advising DSCA (Programs Directorate) of non-compliance by the lessee
  • Ensuring that the appropriate rental payment schedule is maintained
  • Ensuring that all related costs are recovered
  • Reporting the status of each lease on a quarterly basis
  • Ensuring that prior to lease expiration the lease is either being prepared properly for closure, extended via Amendment, or if it has reached the 60-month limit, renewed in the form of a new lease
  • Ensuring that the leased materiel is returned by the lessee
  • Ensuring proper disposition of the defense article(s) upon expiration or termination of the lease and restoration to its original condition in accordance with the terms of the lease

DFAS Indianapolis is responsible for collecting rental payments and delivery reporting.

13
Lease Closure

The IA will enter the delivery and equipment return dates in DSAMS. When all required data has been entered, DSAMS automatically notifies DFAS Indianapolis that the lease is ready for closure. DFAS Indianapolis will reconcile the financial information and close the lease in Defense Integrated Financial System (DIFS), which will then automatically close the lease in DSAMS.

C11.6.10. Lease Renewal. Leases may be renewed. The same procedures as those outlined in Section C11.6.8. for new leases apply.

C11.6.11. Lease Terminations. Any proposal by the USG to terminate a lease before its expiration date must be coordinated with DSCA.

C11.6.12. Lease Amendments. Lease Amendments (See Figure C11.F10.) may be used to extend or change existing leases. Such changes may include variations or updates to payment schedules, Schedule A items, or periods of performance; however, a Lease Amendment may not be used to add new or additional items to the Schedule A with an effective date different from the effective date of the lease. An increase in scope in this way requires a new lease. Each Amendment includes the original lease designator and undergoes the same staffing process as the original lease. If a lease for less than one year is amended so that the total period of the original lease and the Amendment(s) equals or exceeds one year, the Amendment must be notified to the Congress before it can be offered. As with original leases, the IA submits the draft lease Amendment, Congressional Notification certification if required, and a forwarding cover memorandum to DSCA (Programs Directorate) electronically for coordination and countersignature.

C11.6.13. Lease Reporting Requirements. Each IA is responsible for updating the status of each lease under its cognizance via DSAMS. The update is made by posting the "Action Taken on Lease" (comment code "ACT") in the "Lease Text/Comments" field of the "Lease" tab of the "Lease Detail." Additionally, the IA must verify the accuracy of payments and notify DFAS of any financial issues when updating its leases in DSAMS. Not later than 30 days after the end of each quarter, the IA electronically notifies DSCA (Programs Directorate) that its leases have been updated. DSCA then generates a report for each IA in DSAMS.

C11.6.14. LOAs for Services Associated with a Lease. LOAs are not used for the lease of defense articles. However, an LOA can be used for costs incurred by the USG incident to the lease including, but not limited to: restoration and/or replacement as a result of damage, loss or destruction; packing, crating, handling, and transportation (PCH&T); and the sale of associated articles and services, including refurbishment of the defense article(s) required prior to, during, or after the lease period. These costs are not to be included in the lease and the lease shall not remain open (valid) past the expiration date of the associated LOA. The associated LOA designator is included in General Provision 12 and Schedule A of the lease. Also, a note on the LOA (See Appendix 6) identifies the associated lease designator.

Figure C11.F5. Lease Forwarding Memorandum

Figure C11.F6. Sample Lease

Figure C11.F7. Lease Determination

Figure C11.F8. Congressional Notification Information Memorandum

Figure C11.F9. AECA, Section 62(a) Report to Congress

Figure C11.F10. Certificate of Delivery

Figure C11.F11. Sample Lease Amendment

Under Arms Export Control Act (AECA), section 65 (22 U.S.C. 2796d), the Department of Defense (DoD) may lend materiel, supplies, and equipment to NATO and major non-NATO allies for research and development purposes. Loans that support cooperative research, development, test, and evaluation (RDT&E) programs, strengthen the security of the United States and its allies by promoting standardization, interchangeability, and interoperability of allied defense equipment. Table C11.T14. summarizes the loan program legal references.

Table C11.T14. Loan Legislation Summary

Legislation

Subject

AECA, section 65 (22 U.S.C. 2796d)

Authority, limitations, and terms of loans

FAA, Part II, Chapter 2, section 503 (22 U.S.C. 2311)

General authority for the President to furnish military assistance.

Authority to make loans under FAA, section 503 (22 U.S.C. 2311) does not exist at this time. See FAA, section 503 (22 U.S.C. 2311) for information on the general authority, terms and conditions for making loans under this section.

C11.7.1. Who May Receive Loans? Under AECA, section 65 (22 U.S.C. 2796d), the Secretary of Defense may loan materiel, supplies, or equipment to NATO or major non-NATO allies only to carry out cooperative RDT&E programs.

C11.7.2. What May Be Loaned? The materiel, supplies, or equipment loaned may be expended or consumed without reimbursement if the Secretary of Defense determines that the success of the effort depends on expenditure or consumption and approves of it. The Secretary of Defense may not loan strategic and critical materiel if, at the time the loan is to be made, the quantity of the materiel in the National Defense Stockpile is less than the quantity of such materiel to be stockpiled, as determined by the President under 50 U.S.C. 98b (section 3 of the Strategic and Critical Materials Stock Piling Act).

C11.7.3. Loan Agreements Conditions. AECA, section 65 (22 U.S.C. 2796d) loans must comply with the Deputy Secretary of Defense memo of November 27, 1990, which delegates the authority to make, accept, and administer such loans (or gifts) to the DoD Components (Military Departments (MILDEPs) and/or Defense Agencies) in coordination with the Under Secretary of Defense for Acquisition, Technology, and Logistics (USD(AT&L)). Each loan or gift transaction under this section shall be recorded in a written agreement between the Secretary of Defense and the country. Table C11.T15. summarizes conditions governing these agreements.

Table C11.T15. Loan Agreement Conditions

#

Loan Agreement Conditions

1

The Assistant Secretary/Deputy Agency Director level or higher must sign the written agreement.

2

Mutual benefits of the loan (or gift) must be shown in supporting documentation.

3

Each Implementing Agency (IA) shall maintain a single repository for agreements and documents and provide a signed copy of each agreement to USD(AT&L).

4

IAs are responsible for any funding required for loans.

5

IAs must provide appropriate legal, fiscal, and industrial base factors analysis and security plans for each agreement, as specified in DoD Directive 5530.3.

6

IAs must provide 15 days advance notification to the Office of the Secretary of Defense (OSD), through USD(AT&L), before the loan agreement is executed. Advance notification must include the appropriate legal, fiscal, and industrial base factors analysis and security plans.

7

IAs must obtain appropriate security and technology transfer clearances for each loan (if offices responsible for those clearance so require).

8

Transfers of materiel, supplies, and equipment under this authority are based on the principle of reciprocity, although item-for-item exchanges are not expected or required.

9

The existence of this authority in no way affects the ability to use AECA, section 61 (22 U.S.C. 2796) leases for cooperative research and development purposes.

10

AECA, section 65 (22 U.S.C. 2796d) does not provide authority for the exchange of information beyond basic operational and simple maintenance for test purposes. Accordingly, any exchange of additional information related to an AECA, section 65 (22 U.S.C. 2796d) loan or gift may only take place pursuant to an approved test and evaluation or Data Exchange Agreement, Information Exchange Project, a cooperative research and development agreement, or coproduction agreement approved in accordance with DoD Directive 5530.3.

11

If required, USD(AT&L) (after coordination with Under Secretary of Defense for Policy (USD(P)) and DoD General Counsel) consults with the Department of Commerce (DoC) for an assessment of U.S. industrial base impact and U.S. industry's international trade position.

12

The loan agreement shall not require either party to provide materiel, supplies, or equipment that would impair its own priorities, requirements, or commitments, or would otherwise be inconsistent with its national laws or regulations or other international agreements.

13

The loan agreement describes how the type and quantity of materiel, supplies, or equipment meets the objectives of the cooperative RDT&E program.

14

The loan agreement sets out the intellectual property rights applicable to the transfer and use of materiel, supplies, and equipment and the results of the research, development, test, and evaluation conducted with the materiel, supplies, and equipment.

15

Loan agreements shall include the following terms/conditions:

  • The materiel, supplies, and equipment shall remain the property of the providing party.
  • Classified information or materiel shall be protected in accordance with applicable security agreements in force.
  • The receiving party shall use the items only to meet the RDT&E objectives specified in the agreement.
  • The receiving party shall maintain materiel, supplies, and equipment in good order, repair, and operable condition and return the items in operable condition and in as good condition as when received, normal wear and tear excepted, unless the providing party agrees that the loaned materiel, supplies, or equipment may be expended or otherwise consumed in connection with the RDT&E programs without reimbursement to the providing party.
  • The receiving party shall not transfer materiel, supplies, equipment, or information to a third party without the prior consent of the providing party.
  • Subject to the limitations of national disclosure policies, the receiving party shall submit (without charge) a report of its use of the materiel, supplies, and equipment to the providing party.
  • Each party agrees not to assert a claim against the other for injury, loss, or damage resulting from the use of the materiel, supplies, or equipment loaned by the other party.

C11.7.4. Loan Agreement Process.

Table C11.T16. Loan Agreement Process

#

Step

Action

1

Request for Loan

NATO or a major non-NATO ally requests or makes a loan (or gift) of materiel, supplies, or equipment for RDT&E purposes from/to a DoD Component.

2

Implementing Agency Prepares Agreement

The DoD Component develops the agreement and supporting documentation in accordance with the legal and policy provisions.

3

Advance Notification

The DoD Component provides 15 days advance notification to OSD, through USD(AT&L) before loan execution.

4

Loan Agreement Coordination

USD(AT&L) coordinates each loan with USD(P) and DoD General Counsel. If required, USD(AT&L) consults with the DoC for the U.S. industrial base impact assessment and the international trade position of U.S. industry. Such consultation is conducted by USD(AT&L) after coordination with USD(P), USD(C), DoD General Counsel, DSCA and the other MILDEPs/Defense Agencies (as required).

5

Signature of the Loan Agreement

Upon OSD notification completion and barring non-concurrence, the Assistant Secretary/Deputy Agency Director level (or higher) signs the loan agreement.

The receiving party signs the loan agreement and the Implementing Agency distributes copies to USD(AT&L) and the loan repository.

6

Loan Agreement Execution

The loan is executed and monitored by the Implementing Agency.

C11.8.1. See Chapter 10, Section 22 for information regarding Security Cooperation Education and Training (SCET) Teams.

C11.9.1. Purpose. The Special Defense Acquisition Fund (SDAF) is a revolving fund that is used by the Secretary of Defense, in consultation with the Secretary of State, to finance the procurement of defense articles and defense services in anticipation of their future transfer under the Arms Export Control Act (AECA), the Foreign Assistance Act of 1961, as amended, or as otherwise authorized by law to foreign governments and international organizations. The Fund allows the U.S. Government to deliver selected articles and services to partners in less than normal procurement lead-time, and it enhances U.S. force readiness by reducing the need to divert assets from U.S. forces when partners have urgent requirements that cannot otherwise be satisfied.

C11.9.2. Authority. The SDAF is authorized in Section 51 of the Arms Export Control Act, 22 U.S.C. 2795. The fund was established with the enactment of the International Security and Development Cooperation Act of 1981, Public Law 97-113, which added Chapter 5 to the Arms Export Control Act, 22 U.S.C. 2751, et seq. The Principal Deputy Assistant Secretary of Defense (Comptroller Directorate) approved the SDAF Charter and Operating Instructions on December 30, 1982. In 1989, Section 51(a) of the Arms Export Control Act, 22 U.S.C. 2795(a), was amended to provide that the SDAF can be used for narcotics control purposes. From 1981 to 1993, the Fund was used to purchase more than $2.7 billion worth of defense articles and services, $2.68 billion of which was sold and transferred to FMS partners. Although the fund was widely regarded as a success, reductions in defense spending at the end of the Cold War led to the decision to decapitalize the account in 1993 with no new procurements authorized after September 30, 1995. Unobligated cash balances within the SDAF were rescinded and the proceeds from future sales were returned to the Department of Treasury as offsetting receipts. However, the SDAF authority, as provided in 22 U.S.C. 2795, was never rescinded. In 2012, the Congress approved the Administration’s request to recapitalize the Fund with the enactment of the Department of State, Foreign Operations, and Related Programs Appropriation Act, 2012 (Division I, Public Law 112-74), which authorized the Department to:

  1. Conduct a one-time transfer of up to $100 million from the FMS Administrative Surcharge Account to the SDAF, and
  2. Obligate up to $100 million from the account through September 30, 2015.

C11.9.3. Account Funding and Capitalization. The SDAF operates as a financially-independent, revolving fund. When SDAF-purchased assets are transferred to a foreign government or international organization, the proceeds from the transaction are reimbursed to the SDAF and used to finance subsequent purchases. The account is capitalized using selected proceeds from FMS sales, as authorized in Section 51(b) of the Arms Export Control Act, 22 U.S.C. 2795(b).

C11.9.3.1. Fund Classification. In accordance with the Financial Management Regulation (FMR), Volume 12, Chapter 1, Section 010602, the SDAF is a Department of Defense Public Enterprise Fund.

C11.9.3.2. Fund Symbol. The SDAF account symbol assigned by the Department of Treasury is 11-4116.

C11.9.3.3. Obligation Authority. The SDAF operates within the limits established by the Congress (see 22 U.S.C. 2795). None of the funds in the account may be obligated without prior Congressional approval of an obligation limitation determined in appropriation acts during the annual budgeting process. Since the SDAF was reconstituted in 2012, the obligation authority for the Fund has been annually provided in the Department of State, Foreign Operations and Related Programs Appropriation Act.

C11.9.3.4. Capitalization Limit. The capitalization limit for the Fund is provided in 10 U.S.C. 114(c). This amount is calculated as the sum of the unobligated cash balance in the account plus the total monetary value of the assets that have been purchased by the Fund but not yet sold.

C11.9.3.5. Account Capitalization. The primary source of funding to grow or capitalize the SDAF is the monetary collections received from the sale and transfer of FMS-procured defense articles and services to foreign governments and international organizations where funds are identified as excess. Section 51(b) of the AECA, as amended (22 U.S.C. 2795), authorizes the transfer of offsetting collections received under FMS Letters of Offer and Acceptances (LOAs) that are executed under the authority of section 21 of the AECA to the SDAF. In accordance with this authority, the Fund may be capitalized with monies authorized and appropriated or otherwise made available for the purposes of the SDAF for the following charges on export sales by the U.S. Government and its contractors:

  1. Non-recurring Cost (NC) recoupment charges of non-recurring research, development, and production costs;
  2. Asset-use charges for the use of U.S. Government-owned facilities and equipment (excludes charges for FMS leases authorized under Section 61 of the AECA, (22 U.S.C. 2796)); and
  3. Collections from the sale of defense articles not intended to be replaced on FMS LOAs that are executed under the authority of section 21 of the AECA. Funds collected from the transfer of equipment from DoD stock pursuant to Title 10 or Title 22 Building Partner Capacity (BPC), as well as Foreign Military Financing (FMF), authorities are not legally authorized to be deposited into the SDAF. Proceeds from BPC and FMF-funded transfers of equipment not intended, or unable to be replaced, should be deposited into Miscellaneous Receipts.

C11.9.3.5.1. Definition of Section 51(b) Criteria.

C11.9.3.5.1.1. Items Not Requiring Replacement. Items not requiring replacement are articles on FMS cases that will be requisitioned and delivered to the foreign partner from DoD stock and are not intended to be replenished or replaced. This includes all Excess Defense Articles (EDA) sold directly by an Implementing Agency (IA), or via a DLA (DLA) Disposition Services case, via FMS LOAs under the authority of Section 21 of the AECA. Funds collected from the transfer of equipment from DoD stock pursuant to Title 10 or Title 22 BPC (listed in SAMM Table C15.T2.) and FMF authorities are not legally authorized to be deposited into the SDAF. Proceeds from BPC and FMF-funded transfers of equipment not intended or unable to be replaced must be deposited into Miscellaneous Receipts. IAs will use the correct FMF Type of Assistance (TA) code (“N”) found in Figure C5.F5. to ensure funds collected pursuant to FMF-funded sales are properly identified.

C11.9.3.5.1.2. Non-Recurring Cost Recoupment Charges. NC recoupment charges are valued based on research, development, and production costs, and should be included as a portion of the item’s value on an FMS case to be paid by the foreign partner to the USG. Section 2761 of the AECA (22 U.S.C. 2761) requires the recoupment of NC from FMS customers. DSCA may waive collections under the authorities provided in Sections 21(e)(1)(B) and 21(e)(2) in the AECA, but all non-waived costs are to be collected into the SDAF account.

C11.9.3.5.1.3. Asset-use charges relate to revenue derived from U.S. industry or private interests as a result of their use of government property in the performance of an FMS case. Examples of asset-use charges that may capitalize the Fund include, but are not limited to: leases of non-excess property of military departments and defense agencies; easements for rights-of-way; use of test and evaluation installations by commercial entities; and acceptance and use of landing fees charged for the use of domestic military airfields by civil aircraft. These charges are wholly different from those derived from leases with foreign countries or international organizations under Section 61 of the AECA.

C11.9.3.5.2. Examples of Section 51(b) Criteria.

C11.9.3.5.2.1. Items Not Requiring Replacement:

  1. EDA are items not requiring replacement. All proceeds from the sale of EDA items under Section 21 of the AECA, based on their sales price in the LOA, will be deposited into the SDAF. This includes all EDA sold directly by an IA under LOAs.
  2. Excess article proceeds include proceeds resulting from sales executed under Section 21 of the AECA by DLA Disposition Services in the performance of any reuse, recycling, and disposal services.
  3. Proceeds from the sale of stock not to be replaced under Section 21 of the AECA. As an example, the Mine Resistant Ambush Protected (MRAP) vehicle is currently in the U.S. Army’s inventory and additional end items will not be procured. If the U.S. Army decides to sell an MRAP to a foreign partner from its current stock, the proceeds from the sale must be identified and coded appropriately on the FMS case and collected by the U.S. Army and transferred to the SDAF.
  4. When defense articles are sold via Section 21 of the AECA with an intent to be replaced, but the window to repurchase the articles is expired, or the need/capability no longer exists, funds on the lines shall be treated as proceeds from the sale of stock not to be replaced and transferred to the SDAF.
  5. Residual/excess funds from the sale and replacement in-kind of defense articles under the authority of Section 21 of the AECA are to be collected in the SDAF account 97-11X 4116. Residual funds will be handled in the same manner as direct proceeds from “Items Not Requiring Replacement” because the remaining funds are not sufficient to replace an item in-kind.

C11.9.3.5.2.1.1. Exceptions. An exception would occur when a Military Department (MILDEP) intends to procure an updated model or new variant to fulfill a needed capability. The IA should code the article as a defense article intended to be replaced and use the proceeds to procure a new model. An example is the sale of M16 rifles with the intent to procure the newer version of the rifle: the M4. Residual/excess funds from a replacement of a newer model are executed in direct funding accounts and should not be transferred to the SDAF.

C11.9.3.5.2.2. Nonrecurring Cost Recoupment Charges. These include all applicable and charged NC recoupment charges on Major Defense Equipment (MDE) sold via an FMS case. If the waiver is not granted to the foreign partner for the MDE items, then the NC recoupment charges associated with the sale of the MDE items must be collected into the SDAF as proceeds from the FMS case.

C11.9.3.5.2.3. Asset Use Charges. Asset use charges are revenue-generating activities payable to the SDAF when executed pursuant to an FMS LOA for the benefit of a foreign partner. Asset-use charges that may capitalize the SDAF include, but are not limited to, the below examples.

  1. Leases of non-excess property of MILDEPs and defense agencies
  2. Easements for rights-of-way
  3. Use of test and evaluation installations by commercial entities
  4. Acceptance and use of landing fees charged for the use of domestic military airfields by civil aircraft

C11.9.3.5.3. Section 51(b) Criteria Coding. Table C11.T17. lists codes that the IAs must use to identify and properly code offsetting collections from an FMS case line. DSCA established these codes to 1) differentiate collection types to be deposited into the SDAF and 2) identify case lines that include proceeds that should be deposited into the SDAF. Per SAMM Section C11.9.3.5., funds from these FMS case lines are required to be transferred to the SDAF. These codes are in the Defense Security Assistance Management System (DSAMS) RP030 report and are classified as either Primary Category Codes (PCCs) or Indirect Pricing Components (IPCs). Periodically, the table will be reviewed and updated as necessary. MILDEPs and IAs are responsible for communicating updated coding information to DSCA (Office of Business Operations, Comptroller Directorate, Security Assistance Division (OBO/CMP/SA)).

Table C11.T17. Section 51(b) Criteria Coding

Section 51(b) Criteria

Coding

Army

Navy

Air Force

Items Not Requiring Replacement

PCC

741, 770, 740

350, 479

50, 74, 52

NC Recoupment Charges1

IPC

A0610

A0610

A0610

Asset Use Charge2

PCC

771

351

104

Notes:

1 currently in use

2 newly created effective FY23

C11.9.3.5.4. Processing Offsetting Collections. Before processing offsetting collections, IAs must verify if charges have been billed to the customer for NC recoupment charges and/or if title has transferred for items not requiring replacement. Reporting the shipment of articles must remain in compliance with the DoD FMR 7000.14-R Volume 15, Chapter 8, Section 2.3.2.

C11.9.3.5.4.1. DSCA established the SDAF collection receipt account 97-11X 4116 for all three sources of offsetting collections listed in SAMM Section C11.9.3.5., and the IAs are to post SDAF collections into this account for capitalization purposes. To transfer funds to 97-11X 4116, an IA must prepare a Standard Form (SF) 1080, a voucher for transfers between appropriations and/or funds. The appropriate case or financial manager will send the SF 1080 to DSCA within 30 calendar days of title transfer or when NC recoupment charges are billed to the foreign partner. IAs should submit the vouchers to the DSCA (OBO/CMP/SA) SDAF shared mailbox: dsca.ncr.bpc.mbx.sdaf-financials@mail.mil. DSCA (OBO/CMP/SA) will review the SF 1080 voucher for errors and record the Case Identifier (ID), MILDEP, Line of Accounting, PCC/IPC, Offsetting Collection Type and Date of Submission for tracking purposes. If the package contains no errors, DSCA (OBO/CMP/SA) will approve the package and forward it to the appropriate Defense Finance and Accounting Service (DFAS) office for processing.

C11.9.3.5.4.2. FMS Offsetting Collection Packages. IAs must provide complete and accurate offsetting collections packages to DSCA. The guidance below is intended to standardize each offsetting collections package developed by the IAs to enable more efficient processing. Complete packages include the following items.

  1. A complete and electronically certified SF 1080, to include the obligating document number and full line of accounting, which must include the limit and fiscal station number
  2. A copy of the obligating document at a case/line level, which must contain the obligating document number referenced on the SF 1080
  3. Confirmation that title transfer has occurred for articles on the case or charges have been billed for NC recoupment charges and asset use charges
  4. The most current implemented version of the FMS case (DSAMS implemented case report containing only the applicable pages relevant to the transfer)
  5. Additional documentation to validate the PCC/IPC (e.g., RP069 report, etc.)

C11.9.3.5.4.2.1. The below Standard Financial Information Structure (SFIS) attributes must be included in the “Office Receiving Funds” portion of the voucher. These attributes are shown in Table C11.T18.

Table C11.T18. SFIS Attributes and Names

SFIS Attribute

Attribute Name

SDAF Attribute

BA

Budget Activity

20

BSA

Budget Sub-Activity

000000

BLI

Budget Line Item

00000000

SAHI

Sub-Allocation Holder Identifier

Varies based on the IA submitting the voucher

BALI

Budget Allotment Line Item

Varies based on offsetting collection type

C11.9.3.5.4.2.2. Standard Financial Information Structure Line of Accounting and Fiscal Station Number on Offsetting Collection Vouchers. Starting October 1, 2021 (FY 2022), IAs and MILDEPs identifying offsetting collections and preparing vouchers to transfer funds to the SDAF must use appropriate SFIS attributes in the line of accounting consistent with SAMM Table C11.T18. If an IA or MILDEP cannot use SFIS attributes in a SF 1080's line of accounting due to the use of non-compliant systems, then the IA or MILDEP can reference SFIS attributes in the “Article and Services” field of the SF 1080. DSCA will use these lines of accounting to review and reconcile the SDAF offsetting collection data monthly. FMS cases implemented prior to FY 2022 do not require an amendment.

C11.9.3.5.4.2.3. Special Defense Acquisition Fund Account Crosswalk. The limits (sub-allocations) previously used to identify offsetting collections eligible for collection to the SDAF account will be updated for FY 2022 and going forward. Previous offsetting collections limits (sub-allocations) from FY 2012 – FY 2021, referenced in Table C11.T20., will remain active to account for all offsetting collections transferred to the SDAF account. SAMM Table C11.T19. identifies the new limits and the appropriate SFIS attributes to use when completing an SF 1080 voucher for offsetting collections. For questions related to SAMM Table C11.T19. or the SFIS attributes referenced in the DFAS Manual 7097, please contact DSCA's SDAF shared mailbox: dsca.ncr.bpc.mbx.sdaf-financials@mail.mil.

Table C11.T19. SDAF Account Crosswalk for New SFIS Attributes

MILDEP

Offices

Line of Accounting

Army

Office Receiving Funds:

SDAF Account

Offsetting Collection Type: Nonrecurring Cost Recoupment Charges

97-11X 4116.6801.20.00000.00000000.SDAFCOLLNRCCOSTS

Office Receiving Funds:

SDAF Account

Offsetting Collection Type: Items Not Requiring Replacement

97-11X 4116.6801.20.00000.00000000.SDAFCOLLINRRPLMT

Office Receiving Funds:

SDAF Account

Offsetting Collection Type: Asset Use Charges

97-11X 4116.6801.20.00000.00000000.SDAFCOLLASSETUSE

 

Navy

Office Receiving Funds:

SDAF Account

Offsetting Collection Type: Nonrecurring Cost Recoupment Charges

97-11X 4116.6804.20.00000.00000000.SDAFCOLLNRCCOSTS

Office Receiving Funds:

SDAF Account

Offsetting Collection Type: Items Not Requiring Replacement

97-11X 4116.6804.20.00000.00000000.SDAFCOLLINRRPLMT

Office Receiving Funds:

SDAF Account

Offsetting Collection Type: Asset Use Charges

97-11X 4116.6804.20.00000.00000000.SDAFCOLLASSETUSE

 

Air Force

Office Receiving Funds:

SDAF Account

Offsetting Collection Type: Nonrecurring Cost Recoupment Charges

97-11X 4116.6802.20.00000.00000000.SDAFCOLLNRCCOSTS

Office Receiving Funds:

SDAF Account

Offsetting Collection Type: Items Not Requiring Replacement

97-11X 4116.6802.20.00000.00000000.SDAFCOLLINRRPLMT

Office Receiving Funds:

SDAF Account

Offsetting Collection Type: Asset Use Charges

97-11X 4116.6802.20.00000.00000000.SDAFCOLLASSETUSE

C11.9.3.5.4.2.4. In addition to a line of accounting with SFIS attributes, the SF 1080 must contain a Fiscal Station Number (FSN), also referred to as an Authorization Accounting Activity (AAA) in the Navy, and an Accounting and Disbursing Station Number (ADSN) in the Air Force. The FSN used for the SDAF is 843000. Although the new SFIS line of accounting does not contain an FSN, MILDEPs should still enter FSN 843000 in the “Office Receiving Funds” section of the SF 1080. FSN 843000 enables DFAS to know where to route offsetting collections.

C11.9.3.5.5. Reporting Offsetting Collections. SAMM Table C11.T20. provides a comparison of the previous receipt accounts and limits (sub-allocations) where offsetting collections were sent prior to when DSCA directed the use of new SFIS compliant lines of accounting in September 2021. Table C11.T20. is for reference and reporting purposes only for offsetting collections sent mistakenly to 3041 or 97-11X 4116 using old lines of accounting. Table C11.T19. provides guidance on the new lines of accounting to be included on offsetting collection SF 1080 vouchers. All SF 1080 vouchers completed prior to the implementation date of the new lines of accounting will remain as processed, certified, and complete with no corrections necessary or required. The IAs shall not take action to initiate or process a correction voucher for previously submitted vouchers. If an IA determines that a correction to a previously submitted voucher is needed, it should contact DSCA (OBO/CMP/SA) SDAF budget analyst for guidance.

Table C11.T20. Historical SDAF Account Crosswalk

MILDEP

Section 51(b) Criteria

Old Receipt Account for SDAF

Account for SDAF Using Old Sub-Allocation Codes (Limits)

Navy

Asset Use Charges

17X 3041.1201

97-11X4116.6809

Items Not Requiring Replacement

17X 3041.1202

97-11X4116.6808

NC Recoupment Charges

17X 3041.1205

97-11X4116.6807

 

Army

NC Recoupment Charges

21X 3041.0001

97-11X4116.6807

NC Recoupment Charges

21X 3041.0002

97-11X4116.6807

Items Not Requiring Replacement

21X 3041.0003

97-11X4116.6808

Items Not Requiring Replacement

21X 3041.0004

97-11X4116.6808

Asset Use Charges

21X 3041.0006

97-11X4116.6809

NC Recoupment Charges

21X 3041.0010

97-11X4116.6807

 

Air Force

Items Not Requiring Replacement

57X 3041.0010

97-11X4116.6808

NC Recoupment Charges

57X 3041.0012

97-11X4116.6807

Items Not Requiring Replacement

57X 3041.0020

97-11X4116.6808

NC Recoupment Charges

57X 3041.0027

97-11X4116.6807

NC Recoupment Charges

57X 3041.0029

97-11X4116.6807

Asset Use Charges

57X 3041.0040

97-11X4116.6809

Asset Use Charges

57X 3041.0048

97-11X4116.6809

Items Not Requiring Replacement

57X 3041.0080

97-11X4116.6808

 

DoD

NC Recoupment Charges

97X 3041.0001

97-11X4116.6807

Items Not Requiring Replacement

97X 3041.0003

97-11X4116.6808

Items Not Requiring Replacement

97X 3041.0004

97-11X4116.6808

Asset Use Charges

97X 3041.0006

97-11X4116.6809

Asset Use Charges

97X 3041.0009

97-11X4116.6809

C11.9.3.5.5.1. The FMS case lines involving the sale of items not requiring replacement will be tracked as available for expenditure and collection via a monthly offsetting collection reconciliation report. The report will be created by DSCA (OBO/CMP/SA), pulled monthly from DSAMS, and provided to all MILDEPS for status updates. If title has transferred on sold assets, the FMS case line is then eligible for collection into the SDAF account. If a line is outstanding, the MILDEP shall provide an update on when the offsetting collection package will be submitted to DSCA (OBO/CMP/SA). MILDEPs shall prepare offsetting collection packages using guidance from Section C11.9.3.5.4.

C11.9.3.5.6. In the event there is an FMS case line where a credit to the SDAF needs to be returned to the FMS case as a correction to the offsetting collections, the MILDEP must first contact DSCA (OBO/CMP/SA) for guidance. Correction vouchers shall be routed through the DSCA (OBO/CMP/SA) SDAF shared mailbox dsca.ncr.bpc.mbx.sdaf-financials@mail.mil. DSCA requires IAs to keep a copy of the certified offsetting collection vouchers and to provide a copy of them if requested.

C11.9.3.6. Administrative Costs. SDAF administrative operating costs are included in the FMS administrative budget. However, the SDAF does have the authority to pay for additional administrative operating costs, if necessary.

C11.9.3.7. Cost Recovery. SDAF defense articles and defense services should be procured, transported, receipted, stored, maintained, physically inventoried, and disposed of (if needed) using SDAF only, and at no cost to other appropriated funds or other Security Assistance Account (SAA) funds, unless a case line is identified. The intent is to begin to utilize case funds as soon as practical. Any future obligations incurred for a specific partner requirement should be funded from their associated case. SDAF case lines will be priced to recover all proportionate costs to SDAF for the associated SDAF defense article or defense service.

C11.9.4. Procurement of Defense Articles and Defense Services. DSCA, in consultation with the Department of State, Bureau of Political-Military Affairs (State (PM)), selects the defense articles and defense services to be purchased by the SDAF. The Military Departments (MILDEPs) / IAs execute the purchases, and in coordination with DSCA, maintain accountability of the purchased articles and services until they are sold and transferred to a foreign customer or building partner capacity program in accordance with the laws, regulations, and rules that govern such transactions.

C11.9.4.1. Procurement Proposals. To request SDAF funds, DoD Components must download and complete the SDAF Procurement Proposal Form.

C11.9.4.1.1. Secondary and Stock Items. Secondary or stock items that are critical or essential to the operation of a major end item will be considered for procurement. Complete spare parts packages, however, are usually not appropriate; although, exceptions can be made on a case-by-case basis. Items managed by the Defense Logistics Agency (DLA) and the General Services Administration (GSA) are not normally considered for SDAF buys.

C11.9.4.1.2. Transportation Costs. All estimated costs that are expected to be incurred to transport SDAF articles to an assembly or holding point that are not included in the procurement unit price should be included as a separate cost on the SDAF Procurement Proposal Form. These transportation costs need to be paid with current appropriated SDAF funds, at the date of shipment to an assembly or holding point. Approved SDAF proposals may require multiple issuances of SDAF funds to account for changes in cost due to the time lapse from when the proposal is approved and funded, to the actual date of shipment of the defense articles to the assembly or holding point. SDAF inventory is considered DoD assets, and as such, DoD rates (rather than non-DoD rates) should be applied. Any future obligations incurred for a specific partner requirement should be funded from their associated case, applying non-DoD rates.

C11.9.4.1.2.1. If costs are not known at the time, and have since been identified as being required and spent to transport and store SDAF articles, the Financial Analysis Worksheet (FAW) shall be updated so that the costs are included as part of the total price at the line level on the FMS Case. Afterwards, submit the updated FAW, along with the Asset Allocation Form, to DSCA (Office of International Operations, Global Execution Directorate, Case Writing and Development Division (IOPS/GEX/CWD)) for review (see Section C11.9.6.2.2.).

C11.9.4.1.3. Receipt, Storage, Maintenance, Physical Security, and Physical Inventory Costs. The costs that are expected to be incurred for the receipt, storage, maintenance, physical security, and physical inventory of the item must be included in the SDAF Procurement Proposal Form. Approved SDAF proposals may require multiple issuances of SDAF funds to account for cost variances from when the proposal is approved and funded, to the actual date of receipt, storage, maintenance, physical security, and physical inventory requirements. SDAF inventory items are considered DoD assets, and as such, DoD rates rather than non-DoD rates should be applied.

C11.9.4.1.3.1. If the costs are not known at the time the form is submitted, than a separate request from the IA to DSCA (Office of Business Operations, Comptroller Directorate (OBO/CMP)) can be coordinated to facilitate the funding of storage and maintenance costs, once costs are known. All known receipt, storage, maintenance, physical security, and physical inventory costs are to be identified on the FAW, along with the Asset Allocation Form, to DSCA (IOPS/GEX/CWD) for review (see Section C11.9.6.2.2.).

C11.9.4.2. Procurement Proposal Submission. Proposals may be submitted to DSCA at any time during the year. DSCA will not accept a proposal, however, until it has been reviewed by

  1. The Office of the Deputy Under Secretary of the Air Force, International Affairs,
  2. The Office of the Deputy Assistant Secretary of the Army for Defense Exports and Cooperation, or
  3. The Office of the Deputy Assistant Secretary of the Navy for International Programs.

Proposals that are generated by Security Cooperation Organizations or Geographic Combatant Commands should be coordinated with the relevant Integrated Regional Team at DSCA. Completed proposals should be submitted to dsca.ncr.bpc.mbx.sdaf-program@mail.mil.

C11.9.4.3. Proposal Review and Approval Process. When a procurement proposal is received, it is added to the Unfunded Proposal List (UPL). DSCA, in consultation with the Department of State, Bureau of Political-Military Affairs, reviews the UPL and selects the proposals to fund at scheduled times during the year. When deciding whether to approve a proposal, DSCA coordinates with the Office of the Deputy Assistant Secretary of Defense for Security Cooperation, the Joint Chiefs of Staff, Directorate for Strategic Plans and Policy (J-5), and others, as needed. Proposals that are not approved during a review period remain on the UPL until the proposal is rescinded by the requesting organization or is deemed to be no longer executable.

C11.9.4.4. Urgent Procurement Proposal Submissions. Procurement proposals that require immediate attention must be reviewed in accordance with Section C11.9.4.2. and Section C11.9.4.3., but will be coordinated by DSCA outside of previously scheduled reviews.

C11.9.4.5. Funds Distribution and Execution. SDAF funds are distributed by the DSCA (OBO/CMP) team to the IAs and MILDEPs on a Funding Authorization Document (FAD) in the Electronic Funds Distribution (EFD) system, once an obligation plan has been provided to the DSCA (OBO/CMP) SDAF Budget Analyst.

Table C11.T21. SDAF Funds Distribution

Military Department:

Funds Issued To:

U.S. Air Force

Deputy Assistant Secretary for Budget (SAF/FMB), Directorate of Budget Management and Execution (FMBM)

U.S. Army

Assistant Secretary of the Army (Acquisition, Logistics and Technology) (ASA (ALT)), Deputy Assistant Secretary of the Army for Defense Exports and Cooperation (DASA DE&C), Policy, Training, and Resources Directorate (SAAL-NP)

U.S. Navy

Office of the Deputy Assistant Secretary of the Navy for International Programs (NIPO) and Financial Management and Budget (FMB-33)

C11.9.4.5.1. Military Interdepartmental Purchase Request. When necessary, SDAF funds may be issued on a Military Interdepartmental Purchase Request (MIPR), DD Form 448. The MIPR may be accepted as direct cite or reimbursable. Acceptances ( DD Form 448-2) must be provided to the DSCA Comptroller no later than ten (10) days after acceptance. DSCA will not issue a MIPR when the requested funds can be distributed in the EFD system.

C11.9.4.5.2. Compliance with Acquisition Regulations and Procedures. SDAF procurements must be made in accordance with Department of Defense regulations and procedures, as outlined in the Federal Acquisition Regulation (FAR) and the Defense FAR Supplement (DFARS). The international agreements exception to full and open contracting competition, as outlined in the Competition in Contracting Act (CICA) (10 U.S.C. Section 2304(c)(4)), the FAR Subpart 6.302-4, and the DFARS Subpart 206.302-4, cannot be used on SDAF procurements.

C11.9.4.5.3. Reporting Obligations. IAs and MILDEPs are required to provide DSCA (OBO/CMP) a report by the 15th of each month on the obligation status and execution of allotted funding. This monthly execution data shall be supported with documentation from the IA’s financial system of record (General Accounting & Finance System (GAFS), General Fund Enterprise Business Systems (GFEBS), Navy Enterprise Resource Planning (NERP), etc.). Once an obligation formally takes place in the IA’s financial system of record, the IA must also provide a copy of obligating documents (e.g. procurement contracts, financial system funding document, etc.) for all costs, to include procurements, transportation, receipt, storage, maintenance, and physical inventory to DSCA.

C11.9.4.5.4. Unobligated Funding. Funds distributed to the IAs to procure defense articles and defense services for SDAF requirements that are not obligated during the period of availability, specified when obligation authority is granted, must be returned to DSCA by 30 September of the fiscal year in which obligation authority expires.

C11.9.4.5.5. SDAF Procurement from Military Departments. In accordance with 10 U.S.C. 2205, SDAF funds provided to the IAs to acquire defense articles in DoD stock are available for obligation for the same period as the funds in the account to which they are transferred. In the event some or all of the provided funds are not obligated by September 30 of the fiscal year in which funds expire, any unobligated funds should be returned to SDAF. After funds expiration, if some or all the previously obligated funds are not executed prior to September 30 of the fiscal year in which funds are cancelled, any funds not disbursed should be returned to SDAF prior to funds cancellation.

C11.9.4.5.6. Sales to Military Departments. SDAF assets cannot be sold to a MILDEP to support a DoD acquisition requirement.

C11.9.5. Inventory Control and Reporting of SDAF Assets.

C11.9.5.1. Custodial Responsibility. The Military Departments/Implementing Agencies, in coordination with DSCA, are responsible for storing and maintaining accountability of defense articles purchased by the SDAF until the items are transferred to a foreign government, international organization, or building partner capacity program. In addition, the Military Departments/Implementing Agencies must establish controls to ensure SDAF assets are not transferred to a foreign partner or used by the Military Department unless explicitly approved by DSCA. Military Departments/Implementing Agencies must ensure that DoD and contractor facilities are physically inventoried annually to determine the location, identification numbers ((e.g. National Stock Number (NSN), Part Number (PN), Managed Control Number (MCN), Manual Part Number (MPN)), and quantities of the SDAF-procured material on hand. All physical inventories must be completed before the end of the fiscal year, and documented and reported to DSCA no later than 30 days after the end of the fiscal year.

C11.9.5.2. Inventory Storage and Payment. SDAF-procured items should be segregated from other items in the inventory until title transfers. The SDAF-procured items do not have to be physically segregated from other inventory, but the inventory manager must be able to maintain accurate accountability of the SDAF-procured items. All associated costs to include receipt, storage, maintenance, physical inventory, and disposal (if needed) must be paid or reimbursed with SDAF. See Section C11.9.4.1.3.

C11.9.5.3. Inventory Reporting. Defense articles purchased by the SDAF and taken into property accountability by the Military Departments require quarterly reporting to DSCA. Inventory items may either be on loan to the Military Department in accordance with the SDAF Loan Agreement or they may be in inventory awaiting finalization of a foreign military transfer. In either circumstance, the Military Departments are responsible for property accountability of all items financed by the SDAF for which custody is required. For items provided from Department of Defense inventories, SF 1080 billings, with accompanying back-up detail, will serve as the source documents. For items provided from new procurement, delivery reporting shall be conducted through the Wide Area Workflow (WAWF) online application. In the event WAWF is not available, DD 250s ("Material Inspection and Receiving Report"), with accompanying back-up detail, shall be used.

C11.9.5.4. Inventory Reports. Inventory reports must be submitted to DSCA no more than thirty (30) days after the end of a fiscal quarter. There is no required format that must be used when submitting the report, but at a minimum, the report must contain the information listed in Table C11.T22. Inventory reports shall be submitted to the DSCA SDAF Program Manager.

Table C11.T22. SDAF Inventory Report

#

REQUIREMENT

1

Item description

2

National Stock Number (NSN) or Part Number (PN), if applicable

3

Contract award date(s)

4

Quantity in stock

5

Quantity on order, to include estimated delivery dates

6

Quantity sold by country and LOA (case line)

7

Quantity on loan to Military Departments

8

Physical location of asset

9

Unit acquisition cost

C11.9.5.5. Inventory Losses. If SDAF-procured items are lost while held in inventory, the responsible Implementing Agency will conduct an investigation in accordance with the DoD Financial Management Regulation, Volume 12. Results of the investigation will be forwarded to the Director, DSCA for disposition, to include the possible billing of the Implementing Agency for the loss.

C11.9.5.6. Disposal of SDAF Assets. If SDAF inventory reaches the end of its serviceable life, the MILDEP / IA must coordinate with DSCA to obtain written approval to dispose of any item purchased by SDAF. Disposal of SDAF inventory may only occur after obtaining written approval from DSCA. All costs associated with the disposal of the SDAF inventory must be paid using SDAF.

C11.9.6. Allocation of Defense Articles and Services Purchased by the SDAF. SDAF-procured assets are allocated in accordance with the laws, regulations, and policies that apply to all foreign military sales and transfers. The allocation of an asset to support an eligible foreign country, international organization, or building partner capacity program must be approved by DSCA before it can be added to an LOA.

C11.9.6.1. Types of Sales. Generally, sales are made from assets in the SDAF inventory. In instances where the article or service requested has been purchased by the SDAF but not yet delivered to the U.S. Government, the customer may purchase the equity that the SDAF owns in the acquisition contract.

C11.9.6.2. Pricing Rules. The allocation process begins when an eligible foreign country, international organization, or building partner capacity program requests information on defense articles and/or services, and the articles and/or services are available in the SDAF inventory. When such a request is received, the MILDEP / Implementing Agency should verify the availability of the requested asset and then submit an SDAF Asset Allocation Request and FAW to the DSCA SDAF Program Manager. If the request is approved, DSCA will sign and return the SDAF Asset Allocation Request and FAW to the MILDEP / Implementing Agency. These documents must be included with the FMS or pseudo-FMS case when it is sent to the DSCA (IOPS/GEX/CWD). Once a case is offered, the SDAF assets on the case will be held in reserve until the Offer Expiration Date (OED) expires.

C11.9.6.2.1. SDAF Allocation Request. An approved allocation request authorizes the Implementing Agency to offer the requested item or service to a foreign government, international organization, or building partner capacity program. Allocation Messages are reviewed periodically by DSCA and the Military Departments to ensure actions are complete or to initiate proper follow-up actions.

C11.9.6.2.2. Financial Analysis Worksheet. The Financial Analysis Worksheet (FAW) provides the SDAF unit sales price. A separate FAW must be completed for each SDAF line on a case. The FAW must reference the FAD or MIPR that was issued by DSCA (OBO/CMP) to procure the items and services.

C11.9.6.2.2.1. The FAW shall be updated so that all costs are included as part of the total price at the line level on the FMS Case when the FAW is submitted, along with the Asset Allocation Form, to DSCA (IOPS/GEX/CWD).

C11.9.6.3. Price and Availability Data. Implementing Agencies must coordinate with DSCA before responding to a request for price and availability data for items and services on contract for SDAF or in the SDAF inventory. To submit such a request, Implementing Agencies must complete an SDAF Allocation Request and submit it to DSCA SDAF Program Manager. If DSCA approves the proposed allocation, the Implementing Agency will provide the customer with pricing and availability data through standard FMS procedures. The P&A data will contain an expiration date (usually 90 days), which the IA may extend in coordination with DSCA.

C11.9.6.4. LOA Development Data.

C11.9.6.4.1. Source of Supply Code. The SDAF source code is "F."

C11.9.6.4.2. Separate Case Lines. SDAF assets may be offered on a separate LOA or as one or more separate lines on an LOA that includes articles and services that will not be sourced from the SDAF inventory. Sub-lines will not mix SDAF and non-SDAF material and services.

C11.9.6.4.3. Type of Assistance Code. The Type of Assistance (TA) code used for SDAF assets is 3, 6 or 8 if being funded with the applicable Terms of Sale listed in SAMM Figure C5.F5. paragraph f., based on AECA Section 21(b and d). For SDAF lines funded with Foreign Military Sales (FMS) Credit, FMS Credit Non-Repayable, and Military Assistance Program (MAP) Merger, use the applicable credit TA code, also listed in SAMM Figure C5.F5. paragraph f. For instances when both cash and credit funding is provided on a line, both applicable cash and credit codes must be used.

C11.9.6.4.4. Support Items. In instances where an SDAF-procured item is a component of an end item not purchased by the SDAF, the SDAF item will be identified with a source of supply code "F" on a separate line(s) on the case. In such instances, the SDAF item(s) must be on a separate line from the non-SDAF item(s).

C11.9.6.4.5. Delivery Codes. SDAF uses three delivery codes, as shown in Table C11.T23.

Table C11.T23. SDAF Delivery Codes

Code

Description

SA

Sale of items originally purchased from DoD inventories.

SD

Sale of items procured from contractors by the SDAF. This delivery source code computes packing, crating, and handling (PC&H) cost.

SE

Sale of items procured from contractors and shipped directly from the contractor to the customer, providing there is no requirement for any special PC&H. This delivery source code does not calculate PC&H cost.

C11.9.6.4.6. Case Notes. A case note(s) is required for SDAF items and services. This note must convey that the line provides articles or services from the SDAF inventory. Implementing Agencies have the discretion to include additional information in the note, if needed.

C11.9.6.4.7. Case Amendments and Modifications. The preferred method is to allocate SDAF assets during the development of a basic case. The addition of SDAF assets to an implemented case, whether through a case amendment or modification, is done on an exception basis only. The Implementing Agency must coordinate with DSCA before making any adjustments to an implemented case. If a pricing adjustment is needed, a new Financial Analysis Worksheet (FAW) must be prepared and included with the case when it is submitted to the DSCA Case Writing Division. Payments for SDAF lines are due with acceptance of the case amendment or modification.

C11.9.6.5. Pricing Rules. SDAF lines are priced in accordance with the pricing guidance contained in DoD 7000.14.-R, DoD Financial Management Regulation, to include transportation from the SDAF inventory storage location to the partner. The SDAF sales unit price is calculated to ensure SDAF is fully reimbursed for all costs incurred against SDAF (e.g. transportation, receipt, storage, maintenance, and physical inventory costs) as reflected on the SDAF FAW.

C11.9.6.5.1. SDAF Sales Unit Pricing. The SDAF sales unit price for SDAF defense articles and services sold through the FMS process will be computed by starting with the SDAF contract unit price, and then adding additional proportionate charges in order to arrive at the SDAF sales unit price. Additional proportionate charges to be added include transportation, receipt, storage, maintenance, and physical inventory costs, as applicable to the SDAF inventory.

C11.9.6.5.1.1. Application of Select Pricing Elements. The SDAF sales unit price is all inclusive of the SDAF contract unit price and other costs. The FMS administrative surcharge is in addition to (and not a component of) the unit price and therefore should not be included in the SDAF sales unit price.

C11.9.6.5.1.2. Added Costs. The SDAF sales unit price must include charges incurred against SDAF to include transportation, receipt, storage, maintenance, physical inventory costs, etc., as applicable to the SDAF inventory. Any future obligations incurred for a specific partner requirement should be funded from their associated case.

C11.9.6.5.1.3. Non-Recurring Costs. Applicable non-recurring costs (NC) paid by SDAF will be added to the base price to compute the SDAF selling price. If the item being sold is classified as Major Defense Equipment (MDE) and the USG has developed an NC for the item (paid for by other than SDAF funds), that NC may be waived under normal procedures. If the NC is not waived, a new MASL must be created for the SDAF sale so that the item will be reported as coming from the SDAF inventory and the NC is included in the pricing.

C11.9.6.5.1.4. Contract Administration Services Surcharge. If contracts were used to acquire any portion of SDAF articles or services provided on a case line, a proportionate calculated Contract Administration Services (CAS) surcharge should be applied based on the units being sold and should reconcile with the SDAF FAW.

C11.9.6.5.2. Price Reduction. In accordance with DoD 7000.14-R, if DSCA determines an SDAF-procured item is of reduced utility, an appropriate reduction to the price may be made. Such a reduction could conceivably lower the selling price to below the SDAF cost. This pricing information is reviewed by DSCA when the Implementing Agency price the SDAF line(s) on the LOA during case review process.

C11.9.6.6. Payment Schedules. The full payment for defense articles and services sourced from the SDAF must be included in the initial deposit. This policy can be waived by DSCA if there is a strong justification to do so.

C11.9.6.7. Supply Discrepancy Reports (SDRs). It is Department of Defense policy that the appropriation credited with the proceeds of a sale pay SDR costs or replace the material when the U.S. Government is deemed to be at fault (see DoD 7000.14-R.) Hence, SDAF will finance SDRs on SDAF cases, if applicable. When the SDAF is considered the appropriate source of funding for a SDR, the SDR must be submitted to DSCA in accordance with SAMM Section C6.4.10.

C11.9.6.8. Reimbursement to the SDAF. SDAF reimbursement responsibilities for the sale of SDAF assets transferred to a foreign purchaser resides with the Implementing Agency responsible for the LOA. The SDAF sales price is the amount that must be reimbursed to the SDAF. The DSCA Directorate for Business Operations, Comptroller-Security Assistance (CMP-SA), in coordination with the Military Department and Implementing Agency, assures reimbursement of the appropriate amount to the SDAF. Exceptions to full reimbursement can be directed to CMP-SA.

C11.9.6.8.1. Case/Line Obligating Documents. After a case is implemented, the IA must establish an obligation for the SDAF asset(s) in their official financial system at the case/line level. The IA can use a Miscellaneous Obligating Requirements Document, if available.

C11.9.6.8.2. Title Transfer. Once the title for goods or services on a case have been provided to the foreign partner, the Military Department will provide DSCA will the SDAF reimbursement package within 90 days for review and processing. For Building Partner Capacity (BPC) cases, the IA must submit an SDAF reimbursement package to DSCA after the shipment date of the last item on the line due to the SCO retaining title. For instances in which services are fully rendered prior to LOA implementation, all SDAF reimbursement packages must be submitted at a case line level within 90 days of case implementation.

C11.9.6.8.2.1. DFAS-IN will facilitate a reimbursement through an expenditure transfer, an SF-1080 voucher, from the customer trust fund account to the SDAF account. Should the procurement or the delivery of the assets to the customer be cancelled, DFAS-IN will transfer the funds from the SDAF account back to the customer with assistance from the Military Department and DSCA's Comptroller Security Assistance team.

C11.9.6.8.3. Complete Reimbursement. As with any other FMS procurement contract, the LOA obligates the purchaser to pay the total cost to the U.S. Government, even if the actual costs exceed the estimates provided in the LOA. The SDAF sales price is the amount that must be reimbursed to the SDAF to ensure full reimbursement. DSCA in coordination with the Implementing Agency or Military Department, assures reimbursement of the appropriate amount to the SDAF. Exceptions to full reimbursement can be directed to DSCA's Comptroller division.

C11.9.6.8.4. Reimbursement Packages. Once the title has transferred on an SDAF line, the Military Department will provide DSCA will the SDAF reimbursement package within 90 days for review and processing. The reimbursement package must contain: a complete, electronically signed and certified SF-1080 for DSCA's review and approval, a copy of the original obligation, a current copy of the implemented FMS Case, and supporting documentation to confirm that title has transferred. See Policy DSCA 21-15 for examples of the obligation and title transfer documents which will be accepted by DSCA's Comptroller Security Assistance team.

C11.9.6.8.5. Reimbursement Reporting. The Military Departments and Implementing Agencies will be required to provide inputs to the reimbursement report monthly. Military Departments and IAs are required to provide a status update on all implemented FMS case lines eligible to reimburse the SDAF account. The Military Departments and IAs are required to identify all reimbursement packages that have not been submitted and an estimated date of submission. Responses to the report are due by the third Wednesday of the month.

C11.9.6.9. Loans to Military Departments. SDAF-procured items may be loaned to U.S. forces upon the approval of DSCA and the consummation of an SDAF Loan Agreement between DSCA and the borrowing activity. The borrowing activity is responsible for all repair and replacement costs. In the event the loaned equipment is destroyed or permanently transferred to U.S. forces, the borrowing activity will be required to reimburse the SDAF in the amount specified in the loan agreement.

C11.9.6.10. Sales to Military Departments. At times, the Military Departments divert material from U.S. service inventories to meet urgent foreign requirements. In such instances, the Military Departments may request that SDAF assets be used to replenish inventories. If the request is approved by DSCA, the Military Department is required to use its own funds to purchase the requested item(s) from the SDAF.

C11.9.6.10.1. Pricing. The sale of an item from the SDAF to a Military Department will be priced to recover the cost(s) incurred by the SDAF.

C11.9.6.10.2. Secondary and Stock Items. Secondary and inventory items may not be used to fill U.S. requirements without written concurrence of the Director, DSCA, and appropriate reimbursement to the SDAF.

C11.9.6.10.3. Required Information. The information listed in Table C11.T24. must be provided to DSCA when requesting the purchase of assets in the SDAF inventory.

Table C11.T24. Request to Sell SDAF Assets to a Military Department

Step

Requirement

1

Item description and quantity;

2

Latest contract price for the item;

3

Required delivery date for the item or service; and

4

Brief statement explaining why the SDAF assets are needed.

C11.9.6.11. Presidential Drawdown. The SDAF-procured stock can be used to support Presidential Drawdowns on a case-by-case basis. IAs should direct any request for guidance to DSCA (Office of International Operations, Global Execution Directorate, Assistance & Monitoring Division (IOPS/GEX/AMD)).

C11.9.6.12. Reimbursing Funds Invested in Modifications of Assets Not Owned by the SDAF. The SDAF can be used to finance equipment modification programs. The use of the SDAF for such purposes must be approved by DSCA. SDAF funds invested for such purposes must be listed as a separate line(s) on the case.

C11.9.6.12.1. Charge Required. A charge to recoup the SDAF investment must be included on a separate case line(s). The charge must be coordinated with the DSCA Business Operations Directorate.

C11.9.6.12.2. Amortization. The amount of recoupment per unit is established by the DSCA Business Operations Directorate, in consultation the Military Departments and the Office of the Undersecretary of Defense (Comptroller), and must be explicitly identified in the Financial Analysis Worksheet accompanying the case.

C11.9.6.12.3. Process and Reporting Compliance. The same policies and procedures concerning the allocation and delivery reporting of SDAF assets, as well as the financial reimbursement to the SDAF, apply to the sale and transfer of modified assets.

C11.10.1. Overview. In January 1994, the North Atlantic Treaty Organization (NATO) launched the Partnership for Peace (PfP) program to increase stability, diminish threats to peace, and build strengthened security relationships among individual partner nations and with NATO. The U.S. established the Warsaw Initiative Fund (WIF) shortly thereafter to provide support to developing nations that are members of the Partnership for Peace (hereinafter "PfP Partners"). The WIF program’s primary objectives are to improve NATO/PfP Partner interoperability, advance PfP Partner defense institution building/defense reform, and support PfP Partner integration with NATO. WIF program policy is directed by the Office of the Under Secretary of Defense for Policy (OUSD(P)); the Defense Security Cooperation Agency (DSCA) is responsible for program management. This section of the SAMM provides an overview of the business practices and policies that govern the execution of the WIF program.

C11.10.2. WIF Authorities. The Department of Defense (DoD) implements the WIF program under the statutory authority of sections 168, 1051, and 2010 of Title 10, United States Code and authorities governing use of Operation and Maintenance funds summarized in Table C11.T25.

Table C11.T25. WIF Legislation Summary

Legislation

Subject

10 U.S.C. 168

WIF is used to pay the expenses of military-to-military contacts and similar activities designed to encourage democratic orientation of defense establishments and the military forces of PfP Partners. WIF may pay the U.S. costs associated with traveling contact teams, military liaisons, reciprocal and non-reciprocal personnel exchanges, seminars, conferences, exercise planning conferences, workshops, working groups, and similar activities. WIF may pay costs of U.S. military and civilian defense employees or contractors, where necessary, to support the types of activities noted above.

10 U.S.C. 1051

WIF may pay for the travel, subsistence, and similar personal expenses for developing nation PfP Partner defense personnel in connection with attendance at multilateral, bilateral, or regional conferences, seminars, or similar meetings. Expenses may be paid in connection with travel of PfP Partner personnel to the territory of any of the countries participating in PfP or the territory of any NATO member country. Expenses paid for PfP Partner personnel may not exceed the amount a U.S. military member of comparable grade would receive for travel of a similar nature. As appropriate, 10 USC Sections 168 and 1051 may be used collaboratively to develop an activity and pay for U.S. costs (consistent with Section 168) and to allow PfP Partners to participate (Section 1051).

10 U.S.C. 2010

WIF is authorized to pay incremental expenses of developing PfP Partners incurred as the direct result of participation in a bilateral or multilateral exercise with the U.S. military that enhances U.S. national security interests. To qualify for funding, the respective Combatant Command (CCMD) must determine that PfP Partner participation is necessary to achieve the fundamental objectives of the exercise and that those objectives cannot be achieved unless the United States provides such funding. Incremental expenses include the reasonable and proper costs of goods and services consumed by a PfP Partner as a direct result of its participation in an exercise. Includes rations, bulk supplies, training ammunition, transportation, and lodging. Excludes pay, allowances, and other normal costs of a PfP Partner's personnel. Annual Congressional reporting is required on which developing countries have been supported and the amount of expenses paid.

C11.10.3. Eligibility. OUSD(P) determines partner eligibility for WIF funds and approves activities/events designed for WIF-eligible countries.

C11.10.4. WIF-Supported Programs. WIF can support an array of programs, conferences, exchanges, seminars, military exercises and studies and support to execute these activities. WIF-supported programs include, but are not limited to, seminars and workshops that support defense reform initiatives, functional conferences and activities to assist in building capacity, and improving interoperability with NATO and U.S. forces. WIF may be used in conjunction with other types of funding, to include Combatant Command Initiative Funds (CCIF), Traditional Combatant Command (CCMD) Activities (TCA), Official Representation Funds (ORF), Emergency Extraordinary Expenses (EEE), FMF, IMET, NATO funds, and others. The following outlines specific uses of WIF funds:

C11.10.4.1. In-Country Coordinators. WIF funding supports in-country coordinators who facilitate planning and implementation of WIF programs within the assigned partner nation in coordination with the CCMD.

C11.10.4.2. Travel By Non-Partner Participants. Non-Partner representatives whose expertise is critical to the execution of the event may be funded on a case-by-case basis when approved by DSCA.

C11.10.4.3. Military Exercise Support. WIF can be used to pay incremental expenses for eligible PfP Partners' participation in PfP and "in the spirit of PfP" (ISO-PfP) exercises. WIF is not intended to subsidize Combatant Command exercise programs. WIF can support Partner participation in an exercise only if U.S. Forces are also participating. WIF-supported PfP exercises should address NATO-identified Military Tasks for Interoperability (MTIs) or niche capabilities that PfP Partners have chosen as Partnership Goals that could benefit an entire region. WIF is intended to support the cost of basic PfP-Partner participation in PfP and ISO-PfP exercises, and it can be used to support the participation of individuals from developing country PfP Partners by providing for travel, lodging, meals, and per diem (The Joint Travel Regulation Chapter 4 will be used for determining the amount of per diem payment for all DoD-sponsored events). WIF cannot be used to purchase pre-positioned bulk supplies such as fuel, or for excessive PfP Partner-participation costs. All organizations planning to use WIF funding must ensure that funds are used only for direct costs incurred by a PfP Partner.

C11.10.4.4. Costs Not Supported by WIF. WIF may not be used to support U.S. participation or deployment for exercises (except planning conferences), or to pay for: courses or classroom study, defense articles or other military assistance, excessive PfP Partner-participation costs, PfP Partner transfer of military officers to NATO for temporary duty, or PfP Partner costs to hold events not approved by OUSD(P).

C11.10.5. WIF Organization Responsibilities. Table C11.T26. identifies the DoD organizations and their responsibilities in support of the PfP Program using WIF.

Table C11.T26. WIF Organization Responsibilities

Organization

Responsibility

Assistant Secretary of Defense for Special Operations/Low-Intensity Conflict and Interdependent Capabilities (ASD/SOLIC&IC); DASD (Partnership Strategy and Stability Operations)

  • DoD lead for WIF program Management and PfP policy
  • Reviews/approves annual program submissions.
  • Determines WIF planning, prioritization, and funds distribution.
  • Primary interface between country desk officers at OSD, Joint Staff, DSCA, and CCMDs.
  • Provides oversight of DSCA execution of the WIF program.
  • Assesses and provides guidance on annual CCMD planning.
  • Coordinates and seeks DoD Office of the General Counsel review, as necessary.

DSCA

  • Manages WIF program execution.
  • Manages cost, schedule, and performance related to WIF program execution.
  • Develops programs and activities in response to policy guidance.
  • Identifies and tasks responsible agencies to develop and execute WIF programs.
  • Prepares budget materials.
  • Defends budget requests to USD (Comptroller); supports Office of Management and Budget (OMB) and Congressional inquiries.
  • Provide oversight of Program Execution and exercise overall resourcing management responsibility of the DoD and international portions of the Warsaw Initiative Program, in coordination with ASD(SO/LIC)
  • Determines whether costs requested by activities are allocable to WIF.
  • Provides funds certification.
  • Allocates approved funds to WIF receiving activities.
  • Issues funds to field activities.
  • Provides WIF financial management and program accountability (obligations, expenditures, reconciliations) quarterly to SO/LIC Partnership Strategy (PSO), WIF Policy Managers.
  • Provides legal analysis in support of DoD Office of the General Counsel, as necessary.

CCMD

  • Provides oversight of CCMD PfP programs.
  • Plans prioritizes, and implements WIF in support of individual CCMD PfP activities.
  • Coordinates Secretary of Defense guidance and regional CCMD plans with DSCA and SOLIC&IC Partnership Strategy (PSO) WIF policy managers.
  • Coordinates with National Guard Bureau (NGB) as necessary to ensure the best use of National Guard and State partner assets.
  • Maintains direct link to NATO via the U.S. Military Delegation to NATO and U.S. National Military Representative at Supreme Headquarters Allied Powers Europe (SHAPE).

Program/Activity Managers

  • Coordinate to ensure priorities are aligned with strategic plans and ASD (SOLIC&IC) priorities.
  • Conform to DoD Financial Management Regulations, guidelines, and standard operating procedures (SOP) addressing fund acceptance, disbursement, reporting, expenditures, and fiscal year closeout available from DSCA (Business Operations Directorate).
  • Provide annual and quarterly WIF fiscal summaries to DSCA and SOLIC&IC (PSO).
  • Ensure monthly obligation and expenditure reporting is accomplished.
  • Ensure WIF is implemented in accordance with published DoD and CCMD guidance.
  • Influence strategic planning as necessary to achieve regional objectives.
  • Identify performance metrics representing program successes and challenges.

In-Country PfP Coordinators

  • Facilitate planning and implementation of WIF within the assigned country, in coordination with CCMDs and lead WIF management activity.
  • Implement programs in accordance with guidance provided by the requiring activity.
  • Coordinate annual requirements with CCMD and participate in short and long term planning.
  • Maintain fiscal transaction capability via a qualified financial tracking system.

Defense Finance and Accounting Service

  • Provide accounting support to all WIF activities.
  • Maintain official accounting records.
  • Distribute monthly accounting reports.

C11.10.6. Budgeting and Financial Execution. DSCA (Business Operations Directorate) maintains financial execution SOPs for use by the WIF program. Between May and June of each fiscal year, CCMDs submit WIF budget proposals via a collaborative online database called the Concept and Funding Request system https://tsc.eucom.mil. Each proposed activity is coordinated with the OSD country desk officer, CCMD, and in-country teams before submission and signature. The final approved annual program plan is returned to DSCA for execution and funding on a quarterly basis. Within ten days of receiving the approved WIF budget, typically in August, funded providers must submit to the DSCA WIF Program Manager a Monthly Obligation Plan (MOP) for the year using approved budget figures. The MOP will form the basis by which DSCA (Business Operations Directorate) monitors execution throughout the fiscal year. Activities that are approved but fall outside of the budget are considered "Unfunded Requirements" and are eligible to compete for funding during the DSCA Mid-Year Review, or to be funded as activities are cancelled, delayed, reduced in scope, or funded from other sources. Throughout the fiscal year, WIF-funded organizations are authorized to shift costs to approved but unfunded WIF activities in coordination with the DSCA WIF Fiscal Manager. The DSCA WIF Fiscal Manager will provide DSCA (Business Operations Directorate) detailed quarterly financial requirements for all WIF activities. Quarterly funding requests to execute the fiscal plan are provided to the DSCA WIF Fiscal Manager one month prior to the beginning of each quarter. The annual WIF plan is adjusted throughout the year to respond to emerging requirements. Extensive DoD Planning, Programming, Budget and Execution (PPBE) information is available via the Financial Management Regulation website.

C11.10.7. WIF Funding Guidelines. Recipients of WIF are responsible for the administrative control of funds and record keeping. This requirement is based in law, instructions issued by OMB, and the DoD Financial Management Regulations, which contain guidelines on budget execution. DoD WIF are one-year DoD-wide O&M funds that must be obligated in the year for which they are appropriated. Funds may be used for activities across fiscal years under Subsection (a) of section 1206 of the National Defense Authorization Act for Fiscal Year 2006 Public Law 109-163; 119 Stat. 3456, when the funded activity begins in the current fiscal year and ends in the next fiscal year. Each WIF activity must plan for effective execution of funding on an annual basis.

C11.10.8. WIF Program Planning and Execution. After DASD PSO has approved the fiscal plan, the Program/Activity Manager manages program implementation, maximizing in-country assets as necessary. Managers are responsible for determining cost, schedule, and performance associated with their programs. DASD PSO provides policy guidance and DSCA assumes implementation and execution responsibilities. WIF Program Managers should contact DASD PSO for questions of policy, and DSCA for questions regarding fund use. DSCA (Business Operations Directorate) provides direction concerning budgetary, financial, and contract questions.

C11.10.9. Procurement Requirements Documentation (PRD). Each WIF receiving activity generates and manages its own contracts to ensure timely execution of budgeted and approved plans. DSCA (Business Operations Directorate) manages those actions where DSCA pays directly for contracted services and support. Each activity submits the documentation required to initiate a procurement request for services or supplies. At a minimum, 60 days prior to award date, the contracting office requires: a Performance Work Statement (PWS); an Independent Government Cost Estimate (IGCE); an Administrative Service Request (DD Form 1262); a written request regarding the requirement; and, a Justification and Approval (J&A) in accordance with FAR Part 6.302 if circumstances permit other than full and open competition.

C11.10.10. WIF Program Planning and Implementation Process. Table C11.T27. summarizes the annual WIF planning and implementation process.

Table C11.T27. WIF Program Planning Timeframe and Implementation Process

Steps (Date)

Actions

1 (November)

DASD PSO issues Policy guidance for WIF program development to DSCA with a copy to the Regional Combatant Commands

2 (December-June)

CCMDs work with activity providers and appropriate desk officers/country teams to develop proposals for WIF activities that support OSD Policy goals and intent.

3 (May - June)

CCMDs submit WIF budget proposals through the Concept and Funding Request system to DSCA.

4 (July)

DSCA reviews submissions and consolidates initiatives into an annual WIF program plan, which is delivered to the DASD PSO WIF policy managers by July for prioritization and signature.

5 (August)

DASD PSO approves the annual WIF program plan and forwards it to DSCA for execution. Within 10 days of receiving the approved program plan, WIF executing organizations forward their annual Monthly Obligation Plans to the DSCA WIF Program Manager.

6 (October)

OUSD(C) allocates WIF funding in quarterly amounts to DSCA (Business Operations Directorate), which in turn allocates approved amounts to WIF activities in coordination with the WIF Program Manager.

7 (Jan)

Normally there is at least one major Program Review to conduct strategic planning, assess performance of WIF, and communicate initiatives within the DOD and the interagency. Additional Program Reviews are held as required.

8 (March/April)

Mid-Year Financial Reviews are convened to assess funds obligations, expenditures, and yearly performance.

9 (Continuous)

DSCA/CCMDs monitor execution and make adjustments as required. New or significant revisions to annual requirements are considered "Out of Cycle" requests. Out of Cycle requests are submitted in the format outlined in the Concept Funding Request (CFR) and entered in the CFR. Upon coordination with GCCs, it is submitted by e-mail to the DSCA fiscal manager for funding review and the forwarded to DASD(PSO) for approval.

10 (Continuous)

These requests may require a budget offset when DSCA lacks sufficient Operations and Maintenance Funds.

11 (Bi-Annually)

DSCA develops and coordinates input for the DoD Planning, Programming, Budgeting, and Execution process, including development of Program Objective Memorandum (POM) inputs.

12 (Monthly)

DSCA (Business Operations Directorate) provides monthly reports to OUSD(C) on financial performance.

13 (Quarterly)

WIF funded organizations forward their quarterly allocation requests to the WIF Program Manager 10 days before the start of a new quarter. Quarterly requests should detail individual activities and associated funding requirements highlighting any major shifts in the program plan.