FMS: Yes, by exception
Mandatory for Building Partner Capacity (BPC) Letters of Offer and Acceptance (LOAs), Amendments, and Modifications that add/include EEUM defense articles unless the latest version of the note is on the Implemented Version. This note is not required for transfer of communications security (COMSEC) or Night Vision Devices (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 Foreign Military Sales (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) (22 U.S.C. 2314).
"Item(s) transferred pursuant to this Letter of Offer and Acceptance (LOA) are subject to Section 505 of the Foreign Assistance Act (FAA) of 1961, as amended (22 U.S.C. 2314) or Section 3 of the Arms Export Control Act (AECA) for Foreign Military Sales (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 Purchaser/Benefitting Partner/international organization unless a completed Control Plan and/or site certification is uploaded to the Security Cooperation Information Portal-End Use Monitoring (SCIP-EUM) database, as appropriate. Security Assistance Management Manual (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) (Office of International Operations, Global Execution Division, Assistance & Monitoring Division (IOPS/GEX/AMD)) 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 Purchaser/Benefitting Partner/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."