Note Input Responsibility
Note Usage

Mandatory for BPC LOAs to countries other than NATO members, Australia, or New Zealand that include COMSEC equipment.

Mandatory for Amendments and Modifications that include or add COMSEC equipment if the note on the current implemented version of the case varies from this text.

Note Text

Line item(s) [fill-in] are being procured under Foreign Military Sales-Cryptographic Device Services (FMS-CDS) procedures and are subject to foreign national ownership and use restrictions and limitations. FMS-CDS is the procurement of COMSEC services rather than COMSEC products.

The following restrictions and/or limitations apply to all FMS-CDS cases:

  1. The U.S retains legal title to the COMSEC products;

  2. The U.S. may recall the COMSEC products at any time without reimbursement to the purchaser;

  3. The COMSEC products must be used only to support specific U.S. validated or endorsed requirements; and

  4. Only U.S.-produced keying material may be used to key the device

  5. The Benefitting Country is not authorized to perform repairs, maintenance beyond organizational-level maintenance nor receive information, training or material pertaining to repair and/or maintenance of the COMSEC equipment provided on this LOA without the express written consent of the U.S. National Security Agency (NSA).

COMSEC products procured under this LOA require physical security and accountability as set forth or referenced in the following agreements and documents (not all may be applicable):

  1. Communications Interoperability and Security Memorandum of Agreement;

  2. NAG-14C, Allied COMSEC Material Accounting Manual;

  3. NAG-18A, Safeguarding COMSEC Material and Facilities; and/or

  4. Bilateral and/or multilateral COMSEC and other applicable information security agreements

The Benefitting Country is aware that upon U.S. Government request, the COMSEC products and the purchaser's inventory and accountability records will be made available to U.S. representatives for the purpose of conducting a compliance assessment. The compliance assessment is not a COMSEC account audit or inventory, and does not include an inspection of keying material.