Appendix 8 - Military Assistance Program
MAP
SA
No
Permanent
Countries determined eligible for Foreign Military Sales (FMS) are normally eligible for the Military Assistance Program (MAP).
Provides:
- Defense Articles
- Defense Services
Section | Title |
|---|---|
MAP.1. | |
MAP.2. | |
MAP.3. | |
MAP.4. | |
MAP.5. | |
MAP.6. | |
MAP.7. | |
MAP.8. | |
MAP.9. |
MAP.1.1. Definition and Purpose. Prior to fiscal year (FY) 1982, defense articles and services provided to foreign governments or international organizations (partners) by grant aid were administered through the Military Assistance Program (MAP). MAP procedures differ from those used for sales of defense articles and services. After FY 1982, grant funds were transitioned to the Foreign Military Financing (FMF) program and were not provided under MAP. In FY 1982, unused MAP funding was merged into the purchaser’s FMS Trust Fund account. The funds are identified within the purchaser’s account as MAP Merger and may only be used to finance FMS cases. There are still open Foreign Military Sales (FMS) cases that use "MAP" or "MAP Merger" funds.
MAP.2.1. What Can Be Purchased Using Military Assistance Program Funds. Military Assistance Program (MAP) funds are to be used solely for purchases from the USG made under the Arms Export Control Act (AECA). The funds are used to: finance portions of Letters of Offer and Acceptance (LOAs) that specify MAP funding; settle financial obligations of 90 days or more on purchaser DD Form 645 Foreign Military Sales (FMS) Billing Statements only at the specific direction of DSCA (Office of Business Operations (OBO)); or pay for amounts due on DD Form 645 FMS Billing Statements only at the specific direction of DSCA (OBO).
MAP.2.2. What Cannot Be Purchased Using Military Assistance Program Funds. MAP funds may not be used for funding direct commercial purchases, or financing interest or repayments of principal or guaranty fees with respect to Federal Financing Bank (FFB) loans.
MAP.2.3. Sanctions on Program Recipients. See Section C6.6. for information on the impact of suspensions and sanctions on MAP recipients.
MAP.3.1. Defense Security Cooperation Agency. DSCA works with Implementing Agencies (IAs) and the Defense Finance Accounting Service (DFAS) to identify manage Military Assistance Program (MAP) residuals.
MAP.3.2. Implementing Agencies. The IAs reconcile cases using MAP funds and work with DSCA and DFAS to identify unidentified funds during case closure.
MAP.3.3. Department of State. The Department of State (State) ensures proper use of funds and provides guidance on end use, Third Party Transfer (TPT), and disposal issues.
MAP.3.4. Security Cooperation Organizations. The Security Cooperation Organizations (SCOs) work with foreign governments or international organizations (partners), IAs, DSCA, and State to manage residual use, end use, TPT, and disposal issues.
MAP.3.5. Defense Finance Accounting Service. DFAS works with the IAs and DSCA to ensure residuals are transferred to the MAP Merger Holding Account. See Section C.9.11.5.3.
MAP.4.1. Use of Residuals. DSCA (Office of Business Operations, Financial Policy & Regional Execution Directorate (OBO/FPRE)) Country Financial Directors (CFDs) work with Implementing Agencies (IAs) to identify and manage Military Assistance Program (MAP) Merger residuals, providing guidance to the foreign governments or international organizations (partners) on which Letters of Offer and Acceptance (LOAs) can be used to expend the residuals.
MAP.4.2. Pricing. Chapter 9 provides detailed guidance on pricing LOAs. Foreign Assistance Act (FAA), section 503(a) was amended to eliminate the cost of military pay and entitlements if the case is totally financed by MAP. Effective October 1, 1985, services provided under Arms Export Control Act (AECA), section 21, section 22, or section 29 are priced to exclude military pay and entitlements (including retired pay accrual) for those cases citing MAP funds as the exclusive method of funding on the LOA. This pricing applies when services are performed regardless of the date of the LOA. Any subsequent Amendment or Modification to reduce the MAP method of funding below 100 percent of the case value must be re-priced to add military pay and entitlements to the entire case. This guidance does not apply to fiscal year (FY) 1981 and prior MAP programs, to those general costs funds programmed in FY 1982 and subsequent years which are intended for the close-out of those programs.
MAP.5.1. N/A
MAP.6.1. Financing. Military Assistance Program (MAP) funds must have been obligated within the period of availability prescribed in the annual appropriations act or the Continuing Resolution Authority.
MAP.6.2. Development, Implementation, and Execution of Letters of Offer and Acceptance funded by the Military Assistance Program. See Chapter 5 and Chapter 6.
MAP.6.3. Title Transfer of Items. Title transfer for items transferred under the Foreign Assistance Act (FAA) is the same as for items transferred under the Arms Export Control Act (AECA). See Letter of Offer and Acceptance (LOA) Standard Terms and Conditions, Figure C5.F4. Reversionary title rights do not accrue to the United States on any defense article sold under Foreign Military Sales (FMS) procedures even when merger funds have been used to finance the purchase in whole or in part. Accordingly, recipient countries are not required (as they may be under fiscal year (FY) 1981 and prior year MAP as well as FAA, section 516 (or its predecessor sections) to return the article to the United States when the article is no longer needed.
MAP.6.4. Third Party Transfers. The same restrictions on transfers to a third party apply as they apply for defense articles and services sold under FMS. See Chapter 8 for more information.
MAP.6.5. End Use and Disposal Process. Chapter 5 and Chapter 6 provide information on LOAs and deliveries of articles and/or services to purchasers. Those procedures also apply to MAP articles and/or services. Table MAP.T1. summarizes the unique MAP end use and disposal processes that occur after MAP items have been delivered.
MAP.6.5.1. End Use of Provided Articles and/or Services. This section applies to materiel furnished under: the Foreign Assistance Act (FAA) of 1961, as amended, (materiel furnished under MAP orders prior to FY 1982). It does not apply to materiel purchased as a result of transfer of MAP funds to the FMS trust fund. MAP recipients must use articles and/or services provided under this program only for the purposes for which they were furnished as identified in FAA, section 502; agree to return the materiel to the USG without charge when no longer needed for the purposes for which furnished; and agree not to transfer such materiel to anyone not an officer, employee, or agent of the recipient's government. DSCA, the geographic Combatant Command (CCMD), or the Security Cooperation Organization (SCO) do not have the authority to consent on behalf of the President to waive these requirements. The authority to approve retransfer, change the end-use, or otherwise dispose of MAP items has been delegated to the Department of State (State). Controlled use of components (cannibalization) is an authorized use for these items.
MAP.6.5.2. Disposal of Military Assistance Program Materiel. This section applies to materiel furnished under the FAA of 1961, as amended, (including materiel furnished under MAP orders prior to FY 1982). It does not apply to materiel purchased as a result of transfer of MAP funds to the FMS trust fund.
MAP.6.5.2.1. Definition of Disposal. Disposal constitutes a change in end-use altering disposition so the foreign governments or international organizations (partners) is no longer responsible for the item. This can occur through demilitarization or, for items not requiring demilitarization, through fair wear and tear or other destruction and qualified technical inspection that verifies the item is unserviceable and non-repairable. It can also include transfer, with military capabilities retained, to other authorized recipients.
MAP.6.5.2.2. Proceeds from Disposal of Military Assistance Program Items. FAA, section 505(f) requires net proceeds from MAP disposal to be paid to the USG. In the case of items that were delivered prior to 1985, the President may waive the requirement that such net proceeds be paid to the USG if he or she determines that to do so is in the national interest of the United States. This waiver authority has been delegated to the Secretary of State. FAA, section 505(f) applies to disposals of MAP origin defense articles by countries that were the recipients of grant aid materiel after July 1, 1974. An agreement under FAA, section 505(f) that constitutes a condition of eligibility for recipients of grant defense articles programmed in FY 1975 and subsequently, was concluded with those countries. An FAA, section 505(f) agreement is not legally required for countries where no grant defense articles were programmed after June 30, 1974. U.S. policy requires (unless contrary to an agreement in force on June 30, 1974) a recipient country commitment to return to USG the net proceeds of sale whenever country disposal of MAP property is requested. In accordance with FAA, section 605(d) (22 U.S.C. 2355(d)) these funds shall be credited to the respective appropriation, fund or account used to procure such defense articles or to the appropriation, fund, or account currently available for the same general purposes. Any net proceeds from disposal shall be reimbursed in U.S. dollars except where Government-to-Government arrangements, with the State representing the USG, specify otherwise. See Table C8.T7., for an explanation of the calculation of net proceeds.
Table MAP.T1. End Use and Disposal Processes
# | Step | Action(s) |
|---|---|---|
1 | Establish End Use Processes In-Country | Each Security Cooperation Organization (SCO) works with the country to ensure that a process exists for end use, including technical inspection and disposal, of U.S.-origin defense articles. The SCO ensures these processes specifically identify aircraft, ships, radars, armored vehicles, general purpose vehicles, artillery, mortars, and missiles, including non-consumable and/or reparable components of those items, that were acquired under the FAA of 1961, as amended. |
2 | End Use Monitoring | SCOs monitor the presence and use of U.S.-origin equipment as a matter of routine while performing other duties. Any suspected unauthorized end-use must be reported to DSCA (Office of International Operations (IOPS) and State with an information copy to the Combatant Command. |
3 | Excess Determinations | SCOs should encourage the country to declare MAP materiel excess when it is no longer needed and before items deteriorate. Items that are redistributed to defense forces within the country are not excess under this section. |
4 | Determine Condition of Excess Items | When MAP materiel is excess, the SCO determines its condition based on total or sample inspection, as appropriate, by qualified U.S. personnel. When this is not feasible, classification by partner authorities may be accepted. Disposal condition codes in DoD 4160.21 Vol. 3 shall be used. |
5 | Preparation of Screening Reports | SCOs report excess MAP items to the managing Implementing Agency (with an information copy to the Combatant Command and DSCA (IOPS). Items must meet the following criteria to be included on the report:
These screening reports should show:
Items not meeting the screening criteria above and those not redistributed as a result of Military Department (MILDEP)/Defense Agency screening should be disposed of through DoD with State input. |
6 | Implementing Agency Review of Screening | Implementing Agencies review SCO-prepared screening results and advise whether the items should be re-distributed or disposed of. IAs provide any additional guidance required for reporting or redistributing excess MAP, including non-standard, items under their cognizance. |
7 | Post Screening Review for Disposal or Third Party Transfer |
|
8 | Request State Approval for Change in End Use – Disposal | Section C8.8. provides guidance on Changes in End Use (including Disposal) approval requirements. MAP recipients request USG approval for Change in End Use – Disposals from State based on the guidance. The request shall include but is not limited to the following information:
|
9 | State Review/Approval of Disposal Request |
|
10 | Request State Approval for Third Party Transfer | Section C8.7. provides guidance on Third Party Transfer requirements. MAP recipients request USG authorization for Third Party Transfers from State based on the guidelines at Section C8.7. The request shall include but is not limited to the following information:
*MAP recipients should refer to the guidelines in Section C8.7. for the comprehensive list of information required to obtain USG authorization for the disposal. |
11 | State Review/Approval of Transfer Requests |
|
12 | Transfer to a Third Party or Disposal of Items |
|
13 | Net Proceeds Returned to USG | Net proceeds resulting from the item disposal must be returned to the USG unless a waiver has been granted by State. See Table C8.T6. for an explanation of the calculation of net proceeds. |
14 | Update MAP Records | SCOs in countries receiving or redistributing MAP property advise the appropriate MILDEP, DSCA, State, and any other necessary agency when transfer of articles has been completed, ensure that due-ins for items received are cancelled, and submit appropriate program change data to DSCA. |
MAP.7.1. Section 301 of P.L. 100–461 provided: “That the Committees on Appropriations shall be furnished on March 1 of each year a complete report of the status of military assistance funds appropriated by this or any future Act committed for the payment of any sales under the Arms Export Control Act [22 U.S.C. 2751 et seq.] as regards the individual sale, item description, and estimated sales price.”
Military Assistance Program Legislation and Authorities
Legislation | Subject |
|---|---|
Provides a waiverable restriction of offshore procurement under Foreign Military Sales (FMS) cases funded with merged Military Assistance Program (MAP) funds. | |
Authorizes the transfer of MAP funds to the FMS Trust Fund for merger with country trust fund deposits. Requires funds may be used only for payment on obligations of the recipient country for purchases from the USG under AECA, section 21 and section 22. | |
Places restrictions on recipients use. Executive Order No. 12163 delegates some responsibilities. | |
Requires net proceeds of sales received by a country in disposing of articles provided under this program to be paid to the USG. Authority to grant waivers of return of net proceeds for articles delivered prior to 1985 has been delegated to the Secretary of State. | |
Sanctions | |
Brooke Amendment | Limitations on assistance to countries in default |
MAP.9.1. N/A