FMS
No
BPC
Yes
Note Input Responsibility
CWD
References

N/A

Date Range Of Use
All
Note Usage

Mandatory for BPC LOAs that include military UASs.

Mandatory for Amendments and Modifications that add military UASs; or, if the current implemented version of the LOA contains UASs, and the newest version of the note is not on the implemented version of the case.

It is the responsibility of the Implementing Agency to identify in the line description note that the UAS in question is a military UAS and controlled under the ITAR whether armed or unarmed.

Note Text

"In addition to the assurances provided in the 505 Agreement, which apply to this transfer, the recipient must provide written agreement or Letter of Intent to the following principles before transfer to the recipient country:

  1. not to modify U.S.-origin Unmanned Aerial Systems (UASs) with U.S.- or foreign-origin technologies without USG permission and to obtain prior USG consent for the integration and/or use of U.S.-origin technologies on non-U.S.-origin UASs;

  2. to use these systems in accordance with international law, including international humanitarian law and international human rights law, as applicable;

  3. to use armed UASs in operations involving the use of force only when there is a lawful basis for use of force under international law, such as self-defense;

  4. not to use UASs to conduct unlawful surveillance or use unlawful force against its domestic population; and

  5. as appropriate, to provide UAS operators technical and doctrinal training on the use of these systems to reduce the risk of unintended injury or damage.

Upon upload of the written agreement or Letter of Intent to the SCIP-EUM database by the SCO, 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."