Basic Retransfer Assurances for Lead Nation

 

[Lead Nation] has the honor to refer to the provisions of United States law that require the Lead Nation to provide to the Government of the United States of America (USG) end use, retransfer, and security assurances before the USG may consent to a request to retransfer defense articles provided through Foreign Military Sales (FMS) Case [XX-X-XXX] by the Governments of [Participating Nations], or additional Participating Nations as may be added in later LOA Amendments to basic case [XX-X-XXX].

In accordance with the foregoing, [Lead Nation] hereby gives its assurances:

  1. Restrictions on Use and Transfer: That [Lead Nation] shall not, unless the prior written consent of the USG has been first obtained:
    1. Permit any use of defense articles provided on FMS Case [XX-X-XXX], including related data and information, by anyone not an officer, employee, or agent of [Lead Nation]; and
    2. Transfer or permit any officer, employee, or agent of [Lead Nation] to transfer such defense articles, including related data and information, by gift, sale, or otherwise to anyone other than the Governments of [Participating Nations], or additional Participating Nation(s) as may be added in future LOA Amendments to FMS Case [XX-X-XXX].
  2. Blanket Retransfer Reporting: If the U.S. Department of State (State) has approved a Blanket Retransfer for FMS Case [XX-X-XXX], [Lead Nation] will report their retransfers (if the Lead Nation is also procuring on this FMS case for its own national use), as well as those of the Participating Nations(s), by email to PM_RSAT-TPT@state.gov in a quarterly report to State by the 15th of each month following the end of each quarter in which a retransfer has occurred.
  3. Security: That [Lead Nation] will maintain the security of such defense articles while in its possession, including related data and information, and will provide substantially the same degree of security protection afforded by the USG.

    Authorized Use: That, unless prior written consent of the USG has first been obtained, [Lead Nation] will use such defense articles, including related data and information, solely for internal security, for legitimate self-defense, for preventing or hindering the proliferation of weapons of mass destruction and of the means of delivering such weapons, to permit [Lead Nation] to participate in regional or collective arrangements or measures consistent with the Charter of the United Nations, or otherwise to permit [Lead Nation] to participate in collective measures requested by the United Nations for the purpose of maintaining or restoring international peace and security.

For and on behalf of [Lead Nation],

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Agency