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

See Section C5.8.2.7.

Note Usage Instructions for Documents

Mandatory for all new basic Letters of Offer and Acceptance (LOAs) for Lead Nation FMS cases, and all LOAs for Lead Nation FMS amendments and modifications.

Note Text
  1. [XXX] will act as Lead Nation (Purchaser) on and [YYY] will act as Participating Nation(s) on FMS Case [XX-X-XXX]. The Lead Nation will ensure that no defense article or service from this case, which includes any amendments to the LOA, is transferred to a Participating Nation until the Participating Nation has signed the separate "Basic Retransfer Assurances and Letter of Offer and Acceptance (LOA) Standard Terms and Conditions for Participating Nations" and such signed terms and conditions are returned to the U.S. Government (USG). Upon delivery of the defense article or service from the Lead Nation to a Participating Nation, the Lead Nation is required to submit in writing to the U.S. Department of State (State) at PM_RSAT-TPT@state.gov, a report to reference the initial transfer to that Participating Nation. Subsequent retransfers among the Participating Nation(s) and/or Lead Nation (if the Lead Nation is also procuring on this FMS case for its own national use) are subject to the retransfer requirements outlined in Section 2.4 of the separate LOA Standards Terms and Conditions, as well as any written retransfer authorizations received from the USG.
  2. The Purchaser, acting as the Lead Nation agrees that it shall not, unless prior written consent of the Government of the United States of America is obtained:
    1. Permit any use of defense articles provided on FMS Case [XX-X-XXX], including related data and information, by anyone not an officer, employee, or agent of the Purchaser; and
    2. Transfer or permit any of its officers, employees, or agents to transfer such defense articles, including related data and information, by gift, sale, or otherwise to anyone other than the countries named on FMS Case [XX-X-XXX].
  3. If State has approved a Blanket Retransfer for this case, transferee Participating Nation country(ies) named on FMS Case [XX-X-XXX] will report their retransfers to the Lead Nation on a quarterly basis. The Purchaser agrees to provide the information on its own retransfers (if the Lead Nation is also procuring on this case for its own national use) as well as those of the Participating Nation(s) by email to PM_RSAT-TPT@state.gov in a quarterly report to State by the 15th of each month following the end of each quarter in which a retransfer has occurred.
  4. The Purchaser agrees to maintain the security of such defense articles while in its possession, including related data and information, and will provide substantially the same degree of security protection afforded by the Government of the United States of America.
  5. The Purchaser agrees that, unless prior written consent of the Government of the United States of America has been obtained, it will use such defense articles, including related data and information, 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.