Foreign Military Sales
Yes
Building Partner Capacity
No
Note Input Responsibility
IA
Date Range Of Use
All
References
Note Usage Instructions for Documents

Mandatory for all new basic Letters of Offer and Acceptance (LOAs) for Lead Nation FMS cases that have received an approved Lead Nation FMS Blanket Retransfer Authorization from State (PM/RSAT), and all LOAs for Lead Nation FMS amendments and modifications where an FMS case has received an approved Lead Nation FMS Blanket Retransfer Authorization from State (PM/RSAT).

Note Text

Pursuant to Section 3(a) of the Arms Export Control Act (22 U.S.C. 2753), and consistent with applicable end-use and retransfer assurances, the U.S. Government (USG) hereby approves the subsequent retransfer of the defense articles identified in Lead Nation Foreign Military Sales (FMS) Case [XX-X-XXX] among the Participating Nations identified in FMS Case [XX-X-XXX], subject to the following conditions:

  1. Pursuant to Section 3(a) of the Arms Export Control Act (22 U.S.C. 2753), and consistent with applicable end-use and retransfer assurances, the U.S. Government (USG) hereby approves the subsequent retransfer of the defense articles identified in Lead Nation Foreign Military Sales (FMS) Case [XX-X-XXX] among the Participating Nations identified in FMS Case [XX-X-XXX], subject to the following conditions:
  2. This authorization applies solely to retransfers among the Participating Nations identified in FMS Case [XX-X-XXX] and is limited to the procurement in FMS Case [XX-X-XXX]. The Lead Nation is authorized to join this Lead Nation FMS Blanket Retransfer Authorization if the Lead Nation is also procuring for its national use in FMS Case [XX-X-XXX]. Otherwise, the Lead Nation is not authorized to join this Lead Nation FMS Blanket Retransfer Authorization, and the Participating Nations procuring in FMS Case [XX-X-XXX] are the sole participants eligible to join.
  3. After State (PM/RSAT) has advised the Lead Nation that the Lead Nation FMS Blanket Retransfer Authorization has been approved, the Participating Nation(s) may retransfer the procurement to one another (and the Lead Nation, if the Lead Nation is also procuring for its national use on this case) in accordance with the terms of their end use assurances and any special terms of FMS Case [XX-X-XXX].
  4. Participating Nation(s) are required to report their retransfers to the Lead Nation on a quarterly basis. The Lead Nation agrees to provide the information on its retransfers (if the Lead Nation is also procuring for its national use on this case) as well as those of the Participating Nation(s) by email to PM_RSAT-TPT@state.gov in a quarterly report to State (PM/RSAT) by the 15th of each month following the end of each quarter in which a retransfer has occurred. The Lead Nation is further required to maintain records of retransfers for FMS Case [XX-X-XXX] and to provide such information to the USG if requested.
  5. No retransfer outside the defined group of Participating Nations (and Lead Nation, if the Lead Nation is also procuring for its national use on this case); no addition of Participating Nations; and no change in end use are authorized without the prior written consent of the USG.
  6. The entire procurement remains subject to applicable USG end-use monitoring, retransfer, and compliance requirements, including any special terms and conditions of FMS Case [XX-X-XXX].
  7. National stocks of defense articles procured separately by the Participating Nations are subject to the individual terms and conditions of the governing U.S. export authorities (i.e., Arms Export Control Act (AECA) (22 U.S.C. Chapter 39), Foreign Assistance Act (FAA) (22 U.S.C. Chapter 32), International Traffic in Arms Regulations (ITAR) (22 CFR 120), or Export Administration Regulations (EAR), or other applicable U.S. laws and regulations) under which they were sold or transferred, and may not be commingled with any defense articles acquired through a Lead Nation case, including those defense articles in the common configuration for retransfer among the Participating Nations.
  8. The Lead Nation FMS Blanket Retransfer Authorization solely applies to the Participating Nation(s) procuring in FMS Case [XX-X-XXX] (and the Lead Nation, if the Lead Nation is also procuring for its national use on this case). If an additional Participating Nation is subsequently added to FMS Case [XX-X-XXX], the Lead Nation must submit an amended Lead Nation FMS Blanket Retransfer Authorization Request (Figure C5.F24.) to State (PM/RSAT) for the additional Participating Nation to be added to the Lead Nation FMS Blanket Retransfer Authorization in place.
  9. If the Lead Nation FMS Blanket Retransfer Authorization is in support of a Lead Nation NATO Support Partnership FMS case, solely the Participating Nations procuring in FMS Case [XX-X-XXX] are authorized to participate. Any Support Partnership member countries that are not procuring in FMS Case [XX-X-XXX], but may want to share the procurement outlined in FMS Case [XX-X-XXX], may participate in the Lead Nation FMS Blanket Retransfer Authorization only if 1) they are listed in the corresponding Note for Lead Nation North Atlantic Treaty Organization Support Partnership Cases (Figure C5.F23.) as Support Partnership member countries, and 2) the Lead Nation requests and has received approval from State (PM/RSAT) for a separate Blanket Third Party Transfer (https://www.state.gov/third-party-transfer-process-and-documentation), comprised of the Support Partnership member countries not procuring in FMS Case [XX-X-XXX], the designated Participating Nations, and the Lead Nation (if the Lead Nation is also procuring for its national use on this case).
  10. Retransfers are permitted 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 the Purchaser to participate in regional or collective arrangements or measures consistent with the Charter of the United Nations, or otherwise to permit the Purchaser to participate in collective measures requested by the United Nations for the purpose of maintaining or restoring international peace and security.
  11. This authorization may be modified, suspended, or withdrawn by the USG in the event of non-compliance with U.S. law, policy, or the terms of FMS Case [XX-X-XXX].