FMS
No
BPC
Yes
Note Input Responsibility
CWD
Note Usage

Mandatory for BPC LOAs that transfer Enhanced End Use Monitoring (EEUM) defense articles. This note is not required for transfer of COMSEC or NVDs that require EEUM because guidance for such items is addressed prior to the LOA development process.

Mandatory for BPC Amendments and Modifications that adds EEUM defense articles or any UAS if the note does not exist on the implemented version of the case. This note is not required for transfer of COMSEC or NVDs that require EEUM because guidance for such items is addressed prior to the LOA development process.

In addition to mandatory note usage for BPC cases, the Assistance Monitoring Division (AMD) Chief may authorize limited note usage for FMS cases if required. For FMS cases, the LOA is subject to Section 3 of the Arms Export Control Act (AECA) vice Section 505 of the Foreign Assistance Act (FAA).

Note Text

"Item(s) transferred pursuant to this LOA are subject to Section 505 of the Foreign Assistance Act (FAA) of 1961, as amended (22 U.S.C. Section 2314) or Section 3 of the Arms Export Control Act (AECA) for FMS cases. In order to implement the requirements of Section 505, the Implementing Agency is not authorized to deliver the defense articles, training, or materiel pertaining to the Enhanced End Use Monitoring (EEUM) item on this LOA to the country/benefitting country/international organization unless a completed Control Plan and/or site certification is uploaded to the SCIP-EUM database, as appropriate. SAMM Chapter 8 provides guidance on required control plan and site certification contents. Upon upload of the applicable documentation to SCIP-EUM, the Implementing Agency must obtain written consent from Defense Security Cooperation Agency (DSCA), Global Execution Division, Assistance and Monitoring (EUM) Directorate to ensure compliance with U.S. law and regulatory requirements prior to shipment/delivery of any defense articles, training, or defense services to the benefitting country/international organization. In the event an item is on contract and ready for shipment/delivery, contract storages charges may apply if necessary documentation or compliance is not obtained and the item is being held until approval is received."