Superseded

This policy memo has been superseded by the 2012 SAMM Rewrite.

 
DoD Shield

DEFENSE SECURITY COOPERATION AGENCY 
2800 DEFENSE PENTAGON 
WASHINGTON, D.C. 20301-2800

6/16/2008

MEMORANDUM FOR :

SEE DISTRIBUTION

SUBJECT :

Title and Custody Transfer for Department of Defense (DoD) Appropriated Pseudo Cases, DSCA Policy 08-14, [SAMM E-Change 106]

This memorandum revises Chapter 5, Table C5.T5., of the SAMM by adding a mandatory note for title and custody transfer for Pseudo Letters of Offer and Acceptance (LOA) documents financed with DoD appropriated funds. The revision formalizes the procedures that take place when defense articles are transferred under the respective authority of the Public Law on the attached listing and the Arms Export Control Act (AECA).

Effective 30 days from the date of signature, the following LOA note must be included when preparing LOAs using the codes on the attached listing. This note should also be added to LOA documents that are being amended or modified; however, there is no need to amend or modify the LOA document only to add this note.

Note Name

Note Usage

Note Text

Title and Custody Transfer - Public Law [insert Public Law] Authorization for Programs

Mandatory for all Pseudo LOA documents funded with DoD appropriations

"The U.S. Government will retain title to and custody of the defense articles to be transferred under the authority of Public Law [insert Public Law] and the Arms Export Control Act (AECA), until delivery to the recipient country or authorized international organization. A designated U.S. Government representative will confirm and document delivery of the Public Law [insert Public Law] program materiel to an authorized recipient country representative or agent or to the authorized international organization. This U.S. Government representative will keep documentation showing when, where, and to whom delivery was made for this case. The U.S. Government representative will provide a copy of this documentation to the [insert U.S Army Security Assistance Command, Navy International Programs Office, or Secretary of the Air Force/International Affairs]."

This revision will be included in the automated version of the SAMM found on the Defense Security Cooperation Agency (DSCA) Web Page as SAMM E-Change 106.

If you have any questions concerning guidance for preparing Pseudo LOAs, please contact Mr. Kidd Manville, STR/POL, kidd.manville@dsca.mil, (703) 604-6594.

Freda J. Lodge
Principal Director
Strategy

ATTACHMENT : 
As stated

DISTRIBUTION :

DEPUTY ASSISTANT SECRETARY OF THE ARMY
DEFENSE EXPORTS AND COOPERATION
(DASA-DEC) DEPARTMENT OF THE ARMY

DEPUTY ASSISTANT SECRETARY OF THE NAVY
INTERNATIONAL PROGRAMS (NAVIPO)
DEPARTMENT OF THE NAVY

DEPUTY UNDER SECRETARY OF THE AIR FORCE
INTERNATIONAL AFFAIRS (SAF/IA)
DEPARTMENT OF THE AIR FORCE

DIRECTOR, DEFENSE LOGISTICS AGENCY

DIRECTOR, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY

DIRECTOR, DEFENSE THREAT REDUCTION AGENCY

DIRECTOR, DEFENSE REUTILIZATION AND MARKETING SERVICE

DIRECTOR, DEFENSE CONTRACT MANAGEMENT AGENCY

DIRECTOR, DEFENSE INFORMATION SYSTEMS AGENCY

DIRECTOR, DEFENSE LOGISTICS INFORMATION SERVICE

DEPUTY DIRECTOR FOR INFORMATION ASSURANCE,
NATIONAL SECURITY AGENCY

DIRECTOR FOR SECURITY ASSISTANCE ACCOUNTING,
DEFENSE FINANCE AND ACCOUNTING SERVICE - INDIANAPOLIS OPERATIONS

CC :

STATE/PM-RSAT
DISAM
USASAC
SATFA TRADOC
NAVICP
NETSAFA
AFSAC
AFRICOM
AFSAT
JFCOM
SOCOM
EUCOM
CENTCOM
NORTHCOM
PACOM
SOUTHCOM

Pseudo LOA Codes Requiring Title and Custody Transfer Notes

Program

Pseudo Code

Recipient Country

Fiscal Year

Public Law

Emergency Supplemental Appropriations for Afghanistan Security Forces Fund

B2

Afghanistan

FY06

P.L. 109-234

Emergency Supplemental Appropriations for Iraq Security Forces Fund

B3

Iraq

FY06

P.L. 109-234

National Defense Authorization Act (Section 1206)

B4

Various

FY06

P.L. 109-163, Sec 1206

National Defense Authorization Act (Section 1206)

B5

Various

FY07

P.L. 109-364, Sec 1206

Fiscal Year 2007 DoD Appropriations Act for Afghanistan Security Forces Fund

B6

Afghanistan

FY07

P.L. 109-289 as supplemented by P.L. 110-28

Fiscal Year 2007 DoD Appropriations Act for Iraq Security Forces Fund

B7

Iraq

FY07

P.L. 109-289 as supplemented by P.L. 110-28

National Defense Authorization Act (Section 1206)

B8

Various

FY08

P.L. 109-364

Consolidated Appropriations Act, Afghanistan Security Forces Fund

E3

Afghanistan

FY08

P.L. 110-161

Consolidated Appropriations Act, Iraq Security Forces Fund

E4

Iraq

FY08

P.L. 110-161

DoD Counternarcotics Program, Section 1033

S7

Various

N/A

NDAA, Sec 1033

DoD Counternarcotics Program, Section 1004

S8

Various

N/A

NDAA, Sec 1004

Presidential Drawdowns

S9

Various

N/A

FAA, Sec 506(a)(1)

Train and Equip Authority for the Afghanistan National Army

Y2

Afghanistan

FY04

Sec 1107 of FY04 Supplemental

Train and Equip Authority for the New Iraqi Army

Y3

Iraq

FY04

Sec 1107 of FY04 Supplemental

Section 9006 of FY05 Defense Appropriations Act for Afghanistan

Y5

Afghanistan

FY05

P.L. 108-287

Section 9006 of FY05 Defense Appropriations Act for Iraq

Y6

Iraq

FY05

P.L. 108-287

Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan

Y7

Iraq

FY04

P.L. 108-106

Afghanistan Security Forces Fund - Emergency Supplemental Appropriations Act

Y8

Afghanistan

FY05

P.L. 109-13

Iraq Security Forces Fund - Emergency Supplemental Appropriations Act

Y9

Iraq

FY05

P.L. 109-13