Mandatory for Amendments and Modifications to FMS LOAs with a CWD Approval Date prior to January 1, 2011, if the note was previously not included on the case.
Effective January 1, 2011, may no longer be used on FMS LOAs as note wording has been incorporated into the Standard Terms and Conditions.
"Paragraph 2.3 of the Standard Terms and Conditions of this LOA discusses use and transfer restrictions on articles and services provided under this LOA and emphasizes that the purchaser "must not use or permit their use for purposes other than those authorized, unless the written consent of the U.S. Government has first been obtained." The purchaser agrees not to divert articles and services received under this LOA for purposes or uses other than those for which furnished to include, but not limited to, any use that could contribute to the acquisition, design, development or production of a "missile," as defined in section 74 of the AECA (22 U.S.C. 2797c). The items will be used only for the purpose stated and such use will not be modified nor the items modified or replicated without the prior consent of the U.S. Government; neither the items nor replicas nor derivatives thereof will be retransferred without the consent of the U.S. Government. The U.S. Government also reserves the right to take action under section 73(a) of the AECA (22 U.S.C. 2797b(a)) in the case of any export or transfer of any MTCR equipment or technology that contributes to the acquisition, design, development or production of missiles in a country that is not an MTCR adherent."