Incorporated
Policy changes from this SAMM E-Change memo have been incorporated into the SAMM.
 | DEFENSE SECURITY COOPERATION AGENCY | 3/1/2024 |
MEMORANDUM FOR :
DEPUTY UNDER SECRETARY OF THE AIR FORCE FOR INTERNATIONAL AFFAIRS
DEPUTY ASSISTANT SECRETARY OF THE ARMY FOR DEFENSE EXPORTS AND COOPERATION
DEPUTY ASSISTANT SECRETARY OF THE NAVY FOR INTERNATIONAL PROGRAMS
DIRECTOR, DEFENSE CONTRACT MANAGEMENT AGENCY
DIRECTOR, DEFENSE INFORMATION SYSTEMS AGENCY
DIRECTOR, DEFENSE LOGISTICS AGENCY
DIRECTOR, DEFENSE THREAT REDUCTION AGENCY
DIRECTOR, MISSILE DEFENSE AGENCY
DIRECTOR, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY
DIRECTOR FOR SECURITY ASSISTANCE, DEFENSE FINANCE AND ACCOUNTING SERVICE - INDIANAPOLIS OPERATIONS
DIRECTOR OF CYBERSECURITY DIRECTORATE AND DEPUTY NATIONAL MANAGER FOR NATIONAL SECURITY SYSTEMS, NATIONAL SECURITY AGENCY
SUBJECT :
Defense Security Cooperation Agency Policy Memorandum 24-14, Releasability and Exportability Activities Clarification [SAMM E-Change 676]
REFERENCE :
- Arms Export Control Act (AECA), as amended
Releasability policy decisions, including Technology Security and Foreign Disclosure (TSFD) decisions, are required prior to the transfer of defense articles and defense services to allies and foreign partners. These policy decisions are a U.S. government function and are intended to protect U.S. national security and support U.S. foreign policy objectives. Therefore, deliberation and decision making of releasability policy decisions cannot be funded by either the Foreign Miliary Sales (FMS) case or the FMS administrative surcharge. However, activities necessary to comply with and implement the requirements of a releasability policy decision (e.g., making exportability modifications to a defense article or reviewing an LOA for compliance with a releasability decision) are for the benefit of the foreign partner and thus, must be funded by the FMS case or the FMS administrative surcharge in accordance with section 21 and section 43(b) of reference (a). This policy serves to clarify what activities constitute releasability activities and identify their proper funding source.
The policy in the attachment is incorporated into the DSCA Security Assistance Management Manual (SAMM) at https://samm.dsca.mil.
If you have questions on this guidance, please contact Jennifer Robey, Financial Policy & Regional Execution Directorate, Financial Policy Division (FPRE/FP), (571) 236-0341, jennifer.e.robey.civ@mail.mil.
J. Aaron Harding
Chief Operating Officer and Chief Financial Officer
Defense Security Cooperation Agency
ATTACHMENT :
SAMM E-Change 676 - Releasability and Exportability Clarification
Security Assistance Management Manual E-Change 676
RELEASABILITY AND EXPORTABILITY CLARIFICATION
Delete SAMM Table C9.T2a row CD24
ROW
ACTIVITY
ADMIN*
CASE
NON-STANDARD
FREQUENCY
CD24
Missile Technology Control Regime review of LOA for compliance.
MTCR compliance activities are not funded by FMS Admin or the FMS case. These activities are funded using other IA funds, e.g., O&M, RDT&E, etc.
Update SAMM Table C9.T2a:
From:
L13
Negotiating Special Security Agreements, Project Security Instruction, and Access Management Control Plan.
These specific security activities are not funded by FMS Admin or the FMS case. These activities are funded using O&M.
To:
L13
Negotiating Security Agreements, Project Security Instruction, and Access Management Control Plan.
These specific security activities are not funded by FMS Admin or the FMS case. These activities may be funded using other IA funds, e.g. O&M, RDT&E, etc.
Update SAMM Table C9.T2a. Row CD22
From:
ROW
ACTIVITY
ADMIN*
CASE
NON-STANDARD
FREQUENCY
CD22
Determine releasability and disclosure policy decisions for requested articles and services
Releasability and disclosure activities are not funded by FMS Admin or the FMS case. These activities are funded using other IA funds, e.g., O&M, RDT&E, etc.
To:
ROW
ACTIVITY
ADMIN*
CASE
NON-STANDARD
FREQUENCY
CD22a
Compile requirements and system design/configuration information on the FMS partner's requested defense articles/services.
X
CD22b
Make releasability (Technology Security & Foreign Disclosure (TSFD)) policy decisions pertaining to requested articles and services.
These specific security activities are not funded by FMS Admin or the FMS case. These activities may be funded using other IA funds, e.g. O&M, RDT&E, etc.
CD22c
Review LOA for compliance with releasability, physical security, and exportability requirements (to include potential impacts to cost and schedule) for the requested articles and services.
X
Update SAMM Table C9.T2a:
From:
ROW
ACTIVITY
ADMIN*
CASE
NON-STANDARD
FREQUENCY
CE44
Amending Special Security Agreements.
These specific security activities are not funded by FMS Admin or the FMS case. These activities are funded using O&M.
CE45
Vetting personnel for security clearances to receive unclass/ classified information.
CE46
Technology security and foreign disclosure activities.
CE47
Information assurance accreditation for FMS customer to receive unclass/ classified information.
CE48
Staff Assistance Visits to provide OJT assistance based on US policy.
To:
ROW
ACTIVITY
ADMIN*
CASE
NON-STANDARD
FREQUENCY
CE44
Amending Special Security Agreements.
These specific security activities are not funded by FMS Admin or the FMS case. These activities are funded using O&M.
CE45
Vetting personnel for security clearances to receive unclass/ classified information.
CE46
Information assurance accreditation for FMS customer to receive unclass/ classified information.
CE47
Designing and building-in exportability into system design, for requested activities and services, in order to comply with releasability requirements in support of the partner.
X
CE48
Staff Assistance Visits to provide OJT assistance based on US policy.
These specific security activities are not funded by FMS Admin or the FMS case. These activities may be funded using other IA funds, e.g. O&M, RDT&E, etc.
Delete SAMM Table C9.T2b row CD10
ROW
ACTIVITY
ORGANIZATION
T10 BPC PROGRAM SUPPORT COSTS
T10 BPC CASE COSTS
PERFORMING ACITVITY T10 COSTS/NON-DSCA ADMINISTERED T10 FUNDS (RDT&E, O&M, etc.)
CD10
Complete Missile Technology Control Regime (MTCR) review to ensure compliance.
X
Update SAMM Table C9.T2b:
From:
ROW
ACTIVITY
ORGANIZATION
T10 BPC PROGRAM SUPPORT COSTS
T10 BPC CASE COSTS
PERFORMING ACITVITY T10 COSTS/NON-DSCA ADMINISTERED T10 FUNDS (RDT&E, O&M, etc.)
CD9
Determine required releasability, disclosure decisions, information assurance, accreditation actions for requested articles and services.
IAs/MILDEPs and Non-Traditional Implementers1
X
To:
ROW
ACTIVITY
ORGANIZATION
T10 BPC PROGRAM SUPPORT COSTS
T10 BPC CASE COSTS
PERFORMING ACITVITY T10 COSTS/NON-DSCA ADMINISTERED T10 FUNDS (RDT&E, O&M, etc.)
CD9a
Compile requirements and system design/configuration information on the partner's requested defense articles/services.
IAs/MILDEPs
X
CD9b
Make releasability (Technology Security & Foreign Disclosure (TSFD)) policy decisions pertaining to requested articles and services.
DSCA and organizations as required
X
CD9c
Review LOA for compliance with releasability, physical security, and exportability requirements (to include potential impacts to cost and schedule) for the requested articles and services.
IAs/MILDEPs
X
Update SAMM Table C9.T2b:
From:
ROW
ACTIVITY
ORGANIZATION
T10 BPC PROGRAM SUPPORT COSTS
T10 BPC CASE COSTS
PERFORMING ACITVITY T10 COSTS/NON-DSCA ADMINISTERED T10 FUNDS (RDT&E, O&M, etc.)
CE35
Amend Special Security Agreements.
IAs/MILDEPs and Non-Traditional Implementers1
X
CE37
Technology Security and Foreign Disclosure (TS&FD) activities.
IAs/MILDEPs and Non-Traditional Implementers1
X
To:
ROW
ACTIVITY
ORGANIZATION
T10 BPC PROGRAM SUPPORT COSTS
T10 BPC CASE COSTS
PERFORMING ACITVITY T10 COSTS/NON-DSCA ADMINISTERED T10 FUNDS (RDT&E, O&M, etc.)
CE35
Amend Security Agreements.
IAs/MILDEPs and Non-Traditional Implementers1
X
CE37
Designing and building-in exportability into system design, for requested activities and services, in order to comply with releasability requirements in support of the partner.
IAs/MILDEPs and Non-Traditional Implementers1
X