FMS
Yes
BPC
No
Note Input Responsibility
CWD
References

N/A

Date Range Of Use
All
Note Usage

Mandatory for FMS LOAs Amendments, and Modifications for all sales of COMSEC/TRANSEC devices for the purpose of integration into Multifunctional Information Distribution System (MIDS) terminals sold under a U.S. Direct Commercial Sale.

Note Text

"At line [insert line number], this LOA provides for the sale of Communication Security (COMSEC)/Transmission Security (TRANSEC) devices which will be incorporated in Multifunctional Information Distribution System (MIDS) terminals which the Government of [insert name of Government] has contracted to acquire through U.S. commercial channels. The COMSEC/TRANSEC devices for integration into the MIDS terminals must, however, be provided exclusively under this LOA. The COMSEC/TRANSEC devices sold under this LOA may not be purchased through a Direct Commercial Sale.

The purchaser has identified [insert name of U.S. Contractor] as its integration contractor and has requested in writing that the U.S. Government deliver the COMSEC/ TRANSEC devices directly to [insert name of U.S. Contractor] for integration work to be performed at a U.S. location.

The U.S. Government will not deliver the COMSEC/TRANSEC devices to [insert name of U.S. Contractor] unless the following six (6) requirements are met:

  1. The contractor is a U.S. contractor.

  2. Only U.S. contractor personnel who are U.S. citizens may perform the integration work.

  3. The work must be performed in the U.S.

  4. The U.S. contractor provides a copy of the approved export license from the U.S. State Department/Directorate for Defense Trade Controls (DDTC) for export of the MIDS terminals to the Foreign Government purchaser, to the LOA Implementing Agency. To facilitate export license processing, the application to Department of State/DDTC for an export license for the MIDS terminals should reference this FMS case for the sale of the COMSEC/TRANSEC devices.

  5. The foreign government purchaser should specify in the commercial contract with the U.S. Contractor that the contractor may not transfer the COMSEC/TRANSEC devices provided under this LOA to any other party except to the foreign government purchaser, and that the contractor should reference this FMS case in the application to State (DDTC) for an export license for the MIDS terminals.

  6. Any deviation from these procedures will require U.S. Government approvals, including from the Department of State."