Note Input Responsibility
Note Usage

Mandatory for FMS LOAs that include AIM-9X missiles, Guidance Units (GU), Captive Air Training Missiles (CATM), and Special Air Training Missiles (SATM).

Mandatory for LOAs, Amendments, and Modifications that include AIM-9X missiles, GUs, CATMs, and NATMs. Amendments and Modifications must include the newest version of the note if not on the implemented version of the case.

Note Text
  1. "The AIM-9X weapon system is accorded Category III protection as addressed in Department of Defense (DoD) 5100.76-M "Physical Security of Sensitive Conventional Arms, Ammunition, and Explosives," current version. AIM-9X subsection spares, specifically the Guidance Unit (GU) subsections for both the Tactical and Captive Air Training Missile (CATM), and Special Air Training Missile (NATM) are accorded Category II storage protection with an intrusion detection system (IDS) or are continuously manned or under constant surveillance in such a manner that unauthorized entry into and around the storage structures can be detected. The purchaser agrees to adhere to the security requirements as outlined in the following paragraphs and will ensure that these requirements are conveyed to any unit and/or personnel having custody of these items and to their higher headquarters.

  2. The weapon system will be stored in facilities that are at least equivalent in strength to U.S. Government (U.S. Government) requirements. U.S. Government representatives must be allowed to verify security measures and procedures prior to the delivery of the weapon system. The purchaser also agrees to perform inventory checks and allow U.S. Government inventory verifications.

    1. Inventory and Accountability Documentation: purchaser will have procedures in place that provide a continuous accounting of missile and/or GU receipt, transfer, storage, shipment, and/or destruction/demilitarization. The purchaser agrees to inventory 100% of the missiles and/or GUs on this Letter of Offer and Acceptance (LOA) on the following schedule: 1) Unit (Squadron) Level, 100% quarterly count, and 2) Base Level, 100% semi-annual inventory by serial number. The U.S. Government will be permitted, at its discretion, to conduct an assessment of accountability measures and, if required, inventory 100% of all missiles and/or GUs transferred under this LOA. Inventory and accountability documentation maintained by the purchaser must be retained throughout the period of ownership and will be made available for review upon U.S. Government request. The purchaser will immediately notify the U.S. Government (through the Security Cooperation Organization (SCO) to the Defense Security Cooperation Agency (DSCA)) of any missile expenditures, compromises, or losses and provide necessary assistance if the U.S. Government desires to initiate recovery operations.

    2. All non-combat firings of AIM-9X missiles must be witnessed and verified by serial number by U.S. Government personnel.  The purchaser will notify the U.S. Government through the SCO at least 45 days prior to all live firings and will provide formal documentation of all expenditures within 60 days after the event.

    3. Storage of Hardware and Technical Data: Storage of missile hardware and technical data will meet U.S. standards for safeguarding the missile. The purchaser will maintain strict accountability records on all classified information provided by the U.S. Government related to the missiles, including extracts and copies. These records will include documentary evidence of any weapon systems or subsections that are lost or destroyed. Such records will, to the extent possible, be centralized.

  3. The purchaser will report immediately to the SCO or other appropriate U.S. Government representative any allegations, confirmed or unconfirmed, of missile hardware, technology or software released or compromised to unauthorized nationals, third country nationals, or a foreign government. The purchaser will also report any allegation, report, or evidence of unauthorized attempts to collect information on the missile program.

  4. Organizational (O-Level) and Intermediate (I-Level) Maintenance: Military or civilian employees of the purchaser will accomplish organizational and intermediate level maintenance, if authorized. Third-country nationals, industries, private entities or their representatives cannot perform maintenance functions unless approved in writing by the U.S. Government. Such access requires explicit Department of State (PM/RSAT) retransfer approval and appropriate end-use assurances. Upon approval by the U.S. Government, the purchaser's industry access to AIM-9X will be limited to oral and visual information necessary to integrate the AIM-9X on the purchaser's aircraft. A list of the purchaser's industry personnel authorized access to AIM-9X will be maintained by the purchaser and a copy of such list will be provided to the U.S. Government, as required.

  5. Depot Level Maintenance: Missiles or subsections that require depot level repair will be transported to designated depot level repair facilities in the U.S. under proper security procedures.

  6. Site Survey: Prior to the delivery of the missiles, the U.S. Government will conduct an in-country site survey of the physical security measures at all facilities of the purchaser designated for storage or maintenance of the weapon system. Specific physical security requirements must be documented and agreed upon during the site visit and implemented prior to delivery of the missile system. This includes the missile and all specific peculiar support equipment.

    1. The U.S. Government will provide to the purchaser a security checklist that should be referenced during the site survey and throughout the life of the weapon system. The checklist is used to indicate that the integrity of security measures in place for weapon system maintenance and storage will ensure the same level of security protection as the U.S. Government.

    2. The Implementing Agency (IA) will certify that the purchaser's facilities meet physical security requirements and provide correspondence documenting that certification to the purchaser. The IA will provide the purchaser a pre-delivery physical security report that identifies deficiencies and corrective actions. Deficiencies identified during the site survey must be corrected prior to the IA authorizing missile shipment to or missile storage at a specific facility.

    3. The purchaser agrees to adhere to security requirements associated with the weapon system for the life cycle of the systems. The purchaser agrees to allow U.S. Government verification of security arrangements for the protection of the weapon system on both a scheduled and unscheduled basis.


  7. End-Use Monitoring: The purchaser understands that this weapon system has been designated for Enhanced End-Use Monitoring. This will include, but not be limited to, a U.S. Government inventory of missiles and/or GUs listed in this offer by serial number (inventory checks may require the missile(s) to be shrouded from view), and a U.S. Government review of security controls and procedures, inventory and accountability documentation, distribution of assets (i.e., a plan for in-country movement) or plan for repair and return, transportation, access controls, storage of hardware and technical data.

  8. Transportation of the weapon system will meet U.S. standards for safeguarding classified materiel in transit. The transportation plan must be coordinated and approved by Naval Air Systems Command (NAVAIR) Security Department prior to delivery of the weapon system to the purchaser.

  9. The purchaser will obtain U.S. Government disposition instructions that either direct the transportation of missile(s) (or subsections) to a designated U.S. Government staging area or provide comprehensive guidance on demilitarization/disposal management for in-country incineration. The U.S. Government disposition instructions will indicate parties in the U.S. Government that must be contacted prior to any demilitarization/disposal effort."