Appendix 8 - Section 30 Sales

S30

Title 10
No
Title 22
Yes
SC or SA

SA

Subject To BPC LOA

No

Program Duration

Permanent

Program Authority Status

Active

Program Area

Global

Program Use

Provides:

  • Defense Articles
  • Defense Services
1. - Program Description
 

S30.1.1. Section 30 Sales Authority. Arms Export Control Act (AECA), Section 30 (22 U.S.C. 2770) authorizes the USG to sell defense articles and defense services to U.S. Companies in support of direct commercial sales pursuant to an export license or approval. Defense articles and defense services provided by the USG pursuant to this authorization may be sourced from U.S. stocks, procured by the USG, or manufactured by the USG, for sale or incorporation into an end item (and for concurrent or follow-on support of said end item) subject to the limitations in Table S30.T1. When the Section 30 sale is approved by DSCA, the Implementing Agency concludes and executes the sales agreement with the requesting U.S. Company.

2. - Program Specific Guidance and Restrictions
 

S30.2.1. Section 30 Sales Eligibility Requirements. The Implementing Agency (IA) determines whether the proposed sale meets all of the criteria for an Arms Export Control Act (AECA) Section 30 (22 U.S.C. 2770) request (see Table S30.T1.).

Table S30.T1. Section 30 Sales Eligibility Requirements

#

Section 30 Sales Eligibility Requirements

1

The sale of a defense article or defense service is to a company incorporated in the United States (U.S. Company), to be sold by such a company on a Direct Commercial Sales basis to a friendly foreign country or international organization pursuant to an export license or other approval authorized under the Arms Export Control Act.

2

The defense articles would be supplied to the prime contractor as Government Furnished Equipment (GFE)/Government Furnished Materiel (GFM) if the end item were being procured for the use of the U.S. Armed Forces.

3

Any defense service being provided must be performed in the United States. These services may include any service, test, inspection, repair, training, publication, technical or other assistance, or defense information that are in support of sales of defense articles.

4

The defense articles and defense services are available only from USG sources or are not available to the prime contractor directly from U.S. commercial sources at such times as may be required to meet the prime contractor’s delivery schedule.

S30.2.1.1. Section 30 Sales from Stock. Sales are not authorized if they cause DoD stocks to drop below the reorder point unless approved by the Undersecretary of Defense for Policy (USD(P)) in coordination with the Under Secretary of Defense for Acquisition and Sustainment (USD(A&S)).

S30.2.1.2. Section 30 Sales from Procurement or Manufacturing. The IA determines if a sale shall be concluded when procurement or manufacturing in government-owned facilities is required. In determining production priorities, the IA considers existing requirements and schedules the manufacture, allocation, and delivery on a first-in first-out basis guided by DoD Instruction (DoDI) 4140.01 “DoD Supply Chain Materiel Management Policy” and related assignments of Force Activity Designators (FADs) by the Chairman of the Joint Chiefs of Staff. For questions of priority among competing U.S. or foreign requirements, refer to Section C6.4.6.

S30.2.2. Pricing for Section 30 Sales. In general, sales of defense articles and defense services under Section 30 sales should be conducted under a negotiated contract basis (1) at not less than their estimated replacement cost (or actual cost in the case of services), or (2) at not less than their contract or manufacturing cost to the USG when procured or manufactured by the USG. The IA executing the Section 30 sale shall ensure it recovers its full cost of executing the sale, to include pricing elements as outlined in DoD 7000.14-R, DoD Financial Management Regulation (DoD FMR), Volume 11a, Chapter 1. The Foreign Military Sales (FMS) Administrative surcharge and accessorial rates are not applicable to Section 30 sales. Sales shall be in cash, with payment upon signature of the sales agreement by the USG and U.S. Company representatives. Payment in U.S. dollars shall precede procurement, production action, delivery (in cases of stock sales), and/or performance of service. Funds obligated for a reimbursable procurement, internal production of articles, or provision of services may not exceed the cash received from an authorized purchaser. If there is an increase in the cost, the purchaser is required to make additional cash payments to fund the costs.

3. - Program Key Stakeholders
 

S30.3.1. Defense Security Cooperation Agency. DSCA reviews and coordinates an Implementing Agency’s (IA’s) request for a Section 30 sale with a U.S. Company. DSCA notifies the IA of DSCA’s decision.

S30.3.1.1. DSCA may delegate approval of Section 30 sales agreements on a case-by-case basis. Approval of Section 30 sales requests for coding of Selective Availability Anti-Spoofing Module (SAASM) has been delegated from DSCA to the Air Force Life Cycle Management Center, Air Force Security Assistance and Cooperation Directorate.

S30.3.2. Implementing Agency. The IA reviews the U.S. Company’s request for a Section 30 sale in support of a direct commercial sale. If the IA recommends a sale and the request is in accordance with the statutory and SAMM requirements, the IA submits a request for approval to DSCA with the required documentation. If DSCA approves the Section 30 sale request, the IA develops and executes a Section 30 sales agreement with the U.S. Company. The IA maintains records and data of all Section 30 sales.

S30.3.3. United States Company. The U.S. Company submits a request to the applicable IA for a Section 30 sale that is in accordance with the statutory requirements. In the submission, the U.S. Company provides an explanation and background for the Section 30 ale request. If approved, the U.S. Company executes a Section 30 sales agreement with the IA

4. - Program Planning
 

S30.4.1. Planning Data. To allow planning and marketing, Implementing Agencies are authorized to provide cost and delivery data to authorized potential U.S. Company purchasers in advance of approval of a sales agreement. Such data must be identified as estimates that does not bind the USG to any agreements or present false impressions that sales will be made.

5. - Program CN Requirements
6. - Program Execution
 

S30.6.1. Requirements. If the proposed sale is consistent with the requirements listed in Section S30.2., the Implementing Agency (IA) provides the following information listed in Table S30.T2. to DSCA (Office of Strategy, Plans, and Policy, Execution Policy and Analysis Directorate (SPP/EPA)). For proposed sales of Selective Availability Anti-Spoofing Module (SAASM) coding, refer to Section S30.3.1.1.

Table S30.T2. Section 30 Sale Request Details

Required Information

Purchasing Company’s Request to the IA

Defense Article(s), to include Quantity, and/or Description of Defense Service

End Item Application (if applicable)

End Item Purchaser (country or international organization)

Copy of the Munitions Export License(s) or other Export Approval

IA’s Request to DSCA

S30.6.2. Approval. DSCA (SPP/EPA) staffs the IA request within DSCA and informs the IA of the decision. Once informed in writing that DSCA has approved a proposed sale, the IA executes the sale agreement with the U.S. Company.

S30.6.3. Section 30 Sales Format. A unique sales agreement is used by the USG for the sale of defense articles and/or defense services to U.S. Companies under the authority of Arms Export Control Act (AECA), section 30 (22 U.S.C. 2770). The sales agreement includes the information outlined in Table S30.T3.

Table S30.T3. Section 30 Sales Agreement Requirements

#

General Provisions and/or Notes Required

1

The USG retains the right to cancel in whole or in part or to suspend performance at any time under unusual or compelling circumstances if the national interest so requires.

2

The USG provides no warranty or guarantee, either expressed or implied, regarding the item being sold.

3

The USG shall provide best efforts to comply with the delivery lead time cited but incurs no liability for failure to meet an indicated delivery schedule.

4

The USG shall use its best efforts to deliver at the estimated price, but that the purchaser is obligated to reimburse the USG for the total cost if it is greater than that price.

5

The item sold may be used only for incorporation into end items (or as concurrent or follow-on support in conjunction with a sale of the end item) for export under an export license or approval and may not be used for other purposes.

6

The purchasing U.S. Company renounces all claims against the USG, its officers, agents, and employees arising out of or incident to this agreement, whether concerning injury to or death of personnel, damage to or destruction of property, or other matters, and shall indemnify and hold harmless the USG, its officers, agents, and employees against any such claims of third parties and any loss or damage to USG property.

7

The purchasing U.S. Company agrees to provide protection of classified information and requires that the agreement with the foreign government provides protection of U.S. classified information.

8

The purchasing U.S. Company is responsible for any insurance desired and, when applicable, export customs clearance.

9

The purchasing U.S. Company is required to reimburse the USG for all costs incurred by the USG if the U.S. Company cancels the purchase agreement before item delivery.

10

Delivery is Free on Board (FOB) point of origin. The purchaser must arrange for continental United States (CONUS) transportation (except for sensitive or hazardous cargo that is normally shipped via the Defense Transportation System (DTS)).

11

Payment terms.

  1. Sales of Articles from Stock:

    Total payment is required in advance for the full cost of any USG shipment.

  2. Sales of Articles or Services from Procurement, from USG Manufacturing, or Sales of Services from Resources on Hand:

    Payment is normally cash payable in full at the time the agreement is signed. Based on purchaser request, a payment schedule may be considered when full funding is not immediately required. When requested by the purchasing U.S. Company, the IA, in coordination with the contracting officer for articles from procurement, may negotiate a payment schedule that complies with the SAMM. Funds must be available prior to USG entering into a contract, submitting a Military Interdepartmental Purchase Request (MIPR), or making other obligations. Payment is equal to the full cost of the obligations plus reasonable uncertainties, such as costs which could be incurred should it become necessary to prematurely terminate the Sales Agreement.

7. - Program Reporting Requirements
 

S30.7.1. Records and Reporting. The Implementing Agency maintains a central record with the following information: the purchasing U.S. Company, the item being sold, source of supply (stock, DoD production, or procurement), cost estimate before delivery (or billed price after completion of delivery), end item (if applicable), ultimate recipient (country or international organization), and export license number and date or other Department of State approval. Information from this record is provided to DSCA upon request.

8. - Program Legislation and Authorities
 

Section 30 Sales Legislation or Authorities Table:

Legislation

Subject

22 U.S.C. 2770

Arms Export Control Act (AECA), Section 30

9. - Program Additional Information