Superseded
This policy memo has been superseded by the 2012 SAMM Rewrite.
 | DEFENSE SECURITY COOPERATION AGENCY | 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 |