Attachment 1: Security Assistance Management Manual E-Change 833
RELEASABILITY REQUIREMENTS BEFORE 36(b) CONGRESSIONAL NOTIFICATION

1. Add Section C3.1.1.1. subparagraph following Table C3.T1.:

   C3.1.1.1. Technology Transfer Requirements prior to Congressional Notification. Table C5.T20. identifies specific releasability review and approval requirements, which must be met prior to Arms Export Control Act (AECA) Section 36(b) Congressional Notification (CN), for those cases that require notification. The Letter of Offer and Acceptance (LOA) must reflect the approval requirements prior to offer.

2. Update Table C5.T19. 36(b) Congressional Notification Responsibilities as follows:

   From:

   Table C5.T19. 36(b) Congressional Notification Responsibilities

   Organization	Responsibilities
   Implementing Agencies (IAs)	Prepare initial notification package and provide necessary supporting information to DSCA. Concurrently process any required Technology Security and Foreign Disclosure (TSFD) approvals.
   DSCA	Reviews and performs quality control/quality assurance on CN packages. Coordinates CN packages within the DoD and submits to the Department of State (State) for approval. Submits formal CN to Congress after State authorization.
   Department of State, Bureau of Political and Military Affairs (State (PM))	Consults with the DoD on CNs. Prepares FAA, Section 620C (22 U.S.C. 2370) certifications on Greece and the Republic of Türkiye, if required. Prepares QME determination, if required. Coordinates with the National Security Council (NSC), if required. State PM evaluates proposed sale with regard to the President's Conventional Arms Transfer (CAT) Policy, including with reference to support for foreign policy goals, regional stability, consistency with international agreements, and arms control initiatives. Conducts informal coordination with the committees of jurisdiction via the State Tiered Review process. Authorizes DSCA to provide formal notifications to Congress pursuant to AECA 36(b).
   Congress	Reviews CNs. May prohibit the offering of articles, services, or both to a purchaser by passing, over Presidential veto if necessary, a joint resolution of disapproval in response to a CN. May request additional information.

   To:

   Table C5.T19. 36(b) Congressional Notification Responsibilities

   Organization	Responsibilities
   Implementing Agencies (IAs)	Prepare initial notification package and provide necessary supporting information to DSCA. Complete required releasability requirements per Table C5.T20., ensuring all approvals required prior to CN are complete and reflected in the CN package, and concurrently process any remaining releasability (e.g., Technology Security and Foreign Disclosure (TSFD)) approvals prior to LOA offer. Initialize the case in DSAMS prior to submitting the associated CN package to DSCA.
   DSCA	Reviews and performs quality control/quality assurance on CN packages. Coordinates CN packages within the DoD DoW and submits to the Department of State (State) for submission to Congress. Submits formal CN to Congress after State authorization.
   Department of State, Bureau of Political and Military Affairs (State (PM))	Consults with the DoD DoW on CNs. Prepares FAA, Section 620C (22 U.S.C. 2370) certifications on Greece and the Republic of Türkiye, if required. Prepares QME determination, if required. Coordinates with the National Security Council (NSC), if required. State PM evaluates proposed sale with regard to the President's Conventional Arms Transfer (CAT) Policy, including with reference to support for foreign policy goals, regional stability, consistency with international agreements, and arms control initiatives. Conducts informal coordination with the committees of jurisdiction via the State Tiered Review process. Authorizes DSCA to pProvides formal notifications to Congress pursuant to AECA 36(b). Publishes web Once approved by Congress, the information is released in a notice on the State website: https://www.state.gov/bureaus-archive/bureau-of-political-military-affairs
   Congress	Provides Congressional Oversight over significant arms transfers via the Congressional Notification review process

3. Update Section C5.6.4 as follows:

   From:

   C5.6.4. Responsibilities for 36(b) Congressional Notification. Under Executive Order (E.O.) 13637, the President has delegated the responsibility of implementing AECA Section 36(b) to the Secretary of Defense (SECDEF) in consultation with the Secretary of State (SECSTATE). CN responsibilities are summarized in Table C5.T19.

   To:

   C5.6.4. Responsibilities for 36(b) Congressional Notification. Under Executive Order (E.O.) 13637, the President has delegated the responsibility of implementing AECA Section 36(b) to the Secretary of War (SECWAR) in consultation with the Secretary of State (SECSTATE). 36(b) CN responsibilities are summarized in Table C5.T19. The Implementing Agency (IA) is responsible for leading and certifying completion of the releasability requirements summarized in Table C5.T20. before 36(b) CN and LOA offer, and ensuring approval requirements are incorporated within the CN package and/or LOA package as necessary. 

4. Add Table C5.T20. following Table C5.T19. Renumber subsequent tables as needed.

   Table C5.T20. Releasability Requirements Before 36(b) Congressional Notification and Before Letter of Offer and Acceptance Offer

   Releasability Policy	Requirements Before Congressional Notification Package Submission to DSCA	Additional Requirements Before Letter of Offer and Acceptance ePackage Submission to DSCA
   Military Department (MILDEP) or Other DoW Export Policy	Foreign Disclosure Officer / representative to review applicable policy to ensure compliance with Department of Defense Instruction (DoDI) 2040.02. Responsible for leading coordination and compliance with other MILDEP and/or Other DoW Export Policies as needed. Certify via Implementing Agency (IA) Cover Memo that the review was conducted, coordinated as needed, approval is in place, and package is compliant with policy.	Requirements met during Congressional Notification (CN) review. Certify compliance on IA Cover Memo.
   Foreign Disclosure	Foreign Disclosure Officer review to ensure compliance with National Disclosure Policy (NDP-1) and instructions for the handling of Foreign Government Information in accordance with Executive Order (E.O.) 13526, DoDI 5230.11 (DoW CAC Holders Only), and DoDI 5200.39. Foreign Disclosure Officer review and coordinate with non-DoW intelligence members for National Intelligence information in accordance with Department of Defense Directive (DoDD) 5240.01, DoDI-S-3200.17 (Not for Public Release), Title 50 authorities, Defense Intelligence Agency (DIA) DPR-00-217-99 (not for public release), Joint Publication (JP) 2-01, Director of Central Intelligence Directive (DCID 6/7), Intelligence Community Directive (ICD)-113.. Approval is obtained for all classified content. Required NDP-1 approvals, to include written approvals for requests for Exceptions to National Disclosure (ENDP) are obtained (e.g., Record of Action, Policy Statement). Certify via IA Cover Memo that the review was conducted, and package is compliant with policy.	Requirements met during CN review. Certify compliance on IA Cover Memo.
   Anti-Tamper	Review for Critical Program Information (CPI), ensure Anti-Tamper (AT) plans address identified CPI, are coordinated and approved by the AT Executive Agent in writing, and appropriately incorporated within the package. IA will document when no CPI is present. Note that AT requirements are typically addressed through Low Observable/Counter Low. Observable (LO/CLO) Decision Memorandums. Ensure compliance with AT Technical Implementation Guide, DoD CPI Horizontal Protection Guidance, DoDI 5000.83, DoDI 5200.39, DoDD 5200.47E Ensure all necessary costs associated with AT are incorporated within case. Certify compliance with AT requirements on IA Cover Memo that the review was conducted, and package is compliant with policy.	In addition, all LO/CLO Tri-Service Committee Decision Memorandum AT conditions must be met prior to Letter of Offer and Acceptance (LOA) offer. Ensure all necessary costs associated with AT are incorporated within case and certify compliance with AT requirements on IA Cover Memo. Note: Verification and Validation testing must be successfully completed, and written Anti-Tamper Executive Agent concurrence obtained prior to export of hardware.
   Special Access Program	When IA is aware of Special Access Program content, IA will conduct review and coordinate with Special Access Program Coordination Office, as appropriate, and consistent with E.O. 12968, E.O. 13526, DoDD 5205.07, DoDI 5205.11. Obtain written approval from Special Access Program Coordination Office, when directed thereto.	Requirements met during CN review.
   LO/CLO	IA LO/CLO representative review to ensure compliance with LO/CLO policy and ensure coordination with LO/CLO stakeholders in accordance with policy. Ensure compliance with E.O. 12968, E.O. 13526, DoDM-S-5230.28 (Not for public release). Complete coordination on any items requiring additional review and obtain written approval (i.e., Decision Memorandum), if needed. Certify via IA Cover Memo that the review was conducted, and package is compliant with policy.	All LO/CLO TSC Decision Memorandum conditions are met prior to LOA offer. Certify compliance on IA Cover Memo.
   Communications Security (COMSEC)	Obtain Release In Principle (RIP) and Release In Specific (RIS), as required, per the CJCSI 6510.06 (Not for public release) for all Major Defense Equipment (MDE) defense articles containing COMSEC/ Controlled Cryptographic Items (CCI). Review and ensure compliance with Chairman of the Joint Chiefs of Staff Instruction (CJCSI) 6510.06 (Not for public release). North Atlantic Treaty Organization (NATO) Member Countries: No unique approval is required due to assumed interoperability requirements based on NATO treaties. Non-NATO member countries: Obtain RIP and RIS as required per the CJCSI 6510.06 (Not for public release). Validate the interoperability requirements. Non-MDE: Minimum requirement is an approved RIP. MDE: MDE articles are required to be identified by name in CN. All MDE COMSEC items included on a CN must have an approved RIS, including the item being proposed for sale. Certify via IA Cover Memo that the review was conducted, and package is compliant with policy.	CCI/COMSEC items must have an National Security Agency (NSA) Authorization to Sell letter prior to LOA offer. LOA Items and quantities must be equal to or less than what is authorized for release in the NSA Authorization to Sell letter. Certify compliance on IA Cover Memo.
   Missile Technology Control Regime (MTCR)	Review to ensure compliance with MTCR policy, to include obtaining necessary written approvals. MTCR Cat 1 Items: Department of State (State) Bureau of Arms Control and Nonproliferation, Office of Weapons of Mass Destruction and Missile Controls (ACN/WMC) written approval required. Load written approval within ePackage MTCR Cat 1 Unmanned Aerial System (UAS): Implementing Agencies will notify State Bureau of Political-Military Affairs, Office of Regional Security and Arms Transfers (PM/RSAT) upon receipt of actionable Letter of Request (LOR). MTCR Cat 2 items: None Certify via IA Cover Memo that the review was conducted, and package is compliant with policy.	MTCR Cat 1 items: LOA items and quantities must match State (ACN/WMC) approval. MTCR Cat 2 items: State (ACN/WMC) approvals must be received for any items controlled on MTCR Category 2 prior to LOA offer. LOA items and quantities must match State (ACN/WMC) approval. Certify compliance on IA Cover Memo.
   Assured Positioning, Navigation, and Timing/Global Positioning Systems (PNT/GPS) (e.g., Pulse Per Second (PPS)/ Selective Availability Anti-Spoofing Module (SAASM) or M-code)	DoW Chief Information Officer (CIO) or Committee on National Security System (CNSS) approval as required. Confirm that Partner is on the DoW CIO GPS/PPS Pre-Approved User Equipment list; OR Obtain written case-specific approval from the CNSS. Certify via IA Cover Memo that the review was conducted, and package is compliant with policy.	GPS approval letters from U.S. Space Force (USSF) GPS Wing must be obtained prior to LOA offer. LOA items must match and quantities must not exceed GPS approval letter. Certify compliance on IA Cover Memo.
   Man-Portable Night and Enhanced Vision Devices (including Image Intensifier Tubes)	Review to ensure compliance with Night and Enhanced Vision Export Policy Implementation Instructions (NEVEPII). Written approval only required where request has policy presumption of denial or specific restrictions per the NEVEPII. Certify via IA Cover Memo that the review was conducted, and package is compliant with policy.	Obtain written DSCA written approval as required per the NEVEPII (e.g., exceeds presumptive approval thresholds). LOA items must match, and quantities must not exceed approval letter. LOAs must include appropriate FMS case notes or funding lines to comply with DSCA approval letter conditions, if necessary. Certify compliance on IA Cover Memo.
   Air-to-Ground (A/G), Surface-to-Surface (S/S) Munitions, their Delivery Systems, and Ship-to-Shore Munitions	Obtain LOR Advisory for munitions within the scope of the Targeting Infrastructure Policy (TIP) per Section C4.4.18. and Figure C5.F5B.	LOAs must include appropriate TIP note. Certify compliance on IA Cover Memo
   Electronic Warfare (EW) & Signals Intelligence (SIGINT) Hardware	Obtain EW/SIGINT LOR Advisory or have sufficient progress as determined by DSCA (Office of International Operations, Weapons Directorate, Command, Control, Communications, Computers, Cyber, and Intelligence team (IOPS/WPN/C5I). LOR Advisory shall meet requirements in accordance with Section C3.7.4.3. and Section C5.1.8.2. NSA's Technology Security and Export Control office (TSEC) shall be notified if the EW/SIGINT system will be utilized in a SIGINT mission role in support of the Partner's intelligence collection requirements. EW/SIGINT systems that will utilize NSA and/or DIA U.S. Intelligence Mission Data (IMD) shall comply with the "EW/SIGINT - U.S. Intelligence Mission Data" section below.	Obtain LOR Advisory Operational EW/SIGINT systems which will utilize NSA and DIA IMD shall be certified by the NSA Cybersecurity Directorate to adequately protect NSA data from tamper or loss. EW/SIGINT systems in development shall have a path to certification, which may involve funding lines in an LOA, prior to LOA offer. Non-certified systems must be otherwise approved for transfer by the NSA. EW/SIGINT systems that will be used in a SIGINT role supporting the Partner's intelligence collection requirements shall have an Authorization to Sell letter from NSA TSEC. Certify compliance on IA Cover Memo.
   EW & SIGINT U.S. Intelligence Mission Data	Obtain EW/SIGINT LOR Advisory or have sufficient progress as determined by DSCA(IOPS/WPN/C5I). LOR Advisory shall meet requirements in accordance with Section C3.7.4.3. and Section C5.1.8.2. A platform/system paired Intel Support in Principle (ISIP) for NSA and DIA owned Intelligence Mission Data	Obtain LOR Advisory Platform/system paired RIS, as approved by the National SIGINT Committee (SIGCOM), for direct release of NSA and DIA owned IMD for In-Country Reprogramming. Approval by relevant data owners, and confirmed by the IA EW managers, for mission data outside SIGCOM authorities. For Indirect Release of IMD, a line item in the LOA shall fund the Service reprogramming activities supporting the case. For Indirect and Direct release of IMD, a line item in the LOA shall fund the Intelligence Agencies and DoW Service Intelligence Elements who support reprogramming activities. Certify compliance on IA Cover Memo.
   Geospatial Intelligence (GEOINT) Products	GEOINT requirements identified and approved by the National Geospatial Intelligence Agency (NGA) for non-commercial data	NGA written approval letter must be provided for LOAs which include GEOINT case lines. NGA approval not required for commercial data. Certify compliance on IA Cover Memo.

5. Update C5.6.3.2. as follows:

   From:

   C5.6.3.2. Amendments to 36(b)(1) Congressional Notifications - Sensitivity of Technology or Capability Enhancements or Upgrades. 36(b)(5)(A) and 36(b)(5)(C) CNs modify existing 36(b)(1) CNs.  A 36(b)(5)(A) or 36(b)(5)(C) CN is required when an LOA Amendment or Modification will enhance or upgrade the sensitivity of technology or the capability of the article, equipment, or service from the level of sensitivity or capability described in the previous CN.  Increases of capability, addition of MDE items, increases in MDE quantity, and any other changes that would cause the previously notified total value to be exceeded are considered enhancements or upgrades.  The total value of the enhancement or upgrade determines whether a 36(b)(5)(A) or 36(b)(5)(C) CN is required.

   To:

   C5.6.3.2. Amendments to 36(b)(1) Congressional Notifications - Change to Sensitivity of Technology, Capability Enhancements, or Upgrades. 36(b)(5)(A) and 36(b)(5)(C) CNs modify existing 36(b)(1) CNs. A 36(b)(5)(A) or 36(b)(5)(C) CN is required when an LOA Amendment or Modification will enhance or upgrade the sensitivity of technology or the capability of the article, equipment, or service from the level of sensitivity or capability described in the previous CN. A change that results in an enhancement or upgrade to the sensitivity of technology statement generally requires additional releasability reviews and determinations and will require re-notification. Enhancements or upgrades in capability include the addition of new or existing items and/or services. Increases of capability, addition of MDE items, increases in MDE quantity, or any other changes that would cause the previously notified total value to be exceeded are considered enhancements or upgrades. The total value of the enhancement or upgrade determines whether a 36(b)(5)(A) or 36(b)(5)(C) CN is required.

6. Update Figure C5.F13. Template for Implementing Agency Cover Memorandum:

   From:

   f. (U) Technology Disclosure Approvals: All defense articles and/or services listed in this transmittal have been authorized for release and export to [purchaser]. [Note: Confirm this statement is true, including required Technology Security/Foreign Disclosure (TSFD), Communication Security (COMSEC), and/or Missile Technology Control Regime (MTCR) approvals].

   To:

   f. (U) Releasability Requirement: All defense articles and services listed in this transmittal have been reviewed and meet the releasability requirements as stipulated in the Security Assistance Management Manual, Table C5.T20.

7. Update C5.6.6.1. as follows

   From:

   C5.6.6.1. Implementing Agencies Prepare and Submit Initial 36(b) Congressional Notification Package to the Defense Security Cooperation Agency. The IA prepares and submits the data required for a CN to DSCA (IOPS/GEX). See Section C5.6.5. for required information and templates. The IA should concurrently process required TSFD approvals while preparing the initial Section 36(b) CN package. See Section C3.7.3.4.2.2., CNs for containing COMSEC. Targeting Infrastructure Policy (TIP) concerns and deficiencies must be resolved before the CN can be processed by DSCA. See Section C4.4.18. for more information on TIP.

   To:

   C5.6.6.1. Implementing Agencies Prepare and Submit Initial 36(b) Congressional Notification Package to the Defense Security Cooperation Agency. The IA prepares and submits the data required for a CN to DSCA (IOPS/GEX). See Section C5.6.5. for required information and templates. The IA should concurrently process required TSFD approvals while preparing the initial Section 36(b) CN package. See Section C3.7.3.4.2.2., CNs for containing COMSEC. TIP concerns and deficiencies must be resolved before the CN can be processed by DSCA. See Section C4.3.2. for more information on TIP policy. The IA shall complete required releasability requirements per Table C5.T20., ensuring all approvals required prior to CN are complete and reflected in the CN package, and concurrently ensure any remaining releasability reviews are conducted, ensuring all required approvals are complete and reflected in the LOA package prior to LOA offer. The IA should initiate release reviews as early as is reasonable to ensure timely completion prior to submission of a 36(b) CN package. The IA is required to confirm that necessary approvals are obtained, and the case package is appropriately updated before initiating the CN process in accordance with DoDI 2040.02.