Superseded
This policy memo has been superseded by the 2012 SAMM Rewrite.
DEFENSE SECURITY COOPERATION AGENCY | 12/8/2008 | |
MEMORANDUM FOR :
SEE DISTRIBUTION
SUBJECT :
Security Assistance Management Manual (SAMM) Administrative Changes, DSCA Policy 08-40 [SAMM E-Change 123]
The administrative changes documented in the attachment do not warrant their own policy memoranda as they are being done to update data and do not have significant policy implications. The majority of these changes either:
- revise references to Defense Finance and Accounting Service (DFAS) Denver to reflect DFAS' move to Indianapolis;
- update references to DoD Directive 5132.3, which has been replaced by DoDD 5132.03, "DoD Policy and Responsibilities Related to Security Cooperation;" or
- reflect a new status for the Republic of Korea. Section 3 of PL 110-429 provides the Republic of Korea the same benefits accorded to countries in the North Atlantic Treaty Organization, Australia, Japan, and New Zealand with respect to notifications of foreign military sales. This means, for example, that 36(b) notifications for South Korea are now required only when their values reach the higher NATO+3 levels and require only a 15-day formal notification period.
As these changes are administrative in nature, they are effective immediately and will be included in the automated version of the SAMM found on the DSCA Web Page, www.dsca.mil, as SAMM E-Change 123. For questions relating to the SAMM, please contact Mr. Mike Slack, DSCA/STR-POL, at 703-601-3842 or e-mail: michael.slack@dsca.mil.
Freda J. Lodge
Principal Director
Strategy
ATTACHMENT :
As stated
DISTRIBUTION :
DEPUTY ASSISTANT SECRETARY OF THE ARMY
FOR DEFENSE EXPORTS AND COOPERATION (DASA-DEC)
DEPUTY ASSISTANT SECRETARY OF THE NAVY
FOR INTERNATIONAL PROGRAMS (NAVIPO)
DEPUTY UNDER SECRETARY OF THE AIR FORCE
FOR INTERNATIONAL AFFAIRS (SAFIA)
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,
DEFENSE FINANCE AND ACCOUNTING SERVICE - INDIANAPOLIS OPERATIONS
CC :
STATE/PM-RSAT
DISAM
USASAC
SATFA TRADOC
NAVICP
NETSAFA
AFSAC
AFSAT
JFCOM
SOCOM
EUCOM
CENTCOM
NORTHCOM
PACOM
AFRICOM
SOUTHCOM
TRANSCOM
SECURITY ASSISTANCE MANAGEMENT MANUAL (SAMM), E-CHANGE 123
ADMINISTRATIVE CHANGES
- In the Front Matter, ACRONYMS, and throughout the SAMM, the acronym HIRC, House International Relations Committee, is replaced with HFAC, House Foreign Affairs Committee.
- In the Front Matter and throughout the SAMM, the terms Security Assistance Organization, Security Assistance Officer, and the acronym SAO are replaced, respectively, with the terms Security Cooperation Organization, Security Cooperation Officer, and the acronym SCO.
In the Front Matter, the following references are replaced with the revised versions below:
(f) DoD Directive 5132.03, "DoD Policy and Responsibilities Relating to Security Cooperation," October 24, 2008
(p) DoD Instruction 5105.57, "Procedures for the U.S. Defense Representative (USDR) in Foreign Countries," December 26, 1995 - Cancelled on December 21, 2007
(u) DoD Instruction 2040.02, "International Transfers of Technology, Articles, and Services," July 10, 2008
(ab) DoD Directive 5230.20, "Visits, Assignments and Exchanges of Foreign Nationals," June 22, 2005
(ar) DoD Directive 5120.49 "DoD International Technology Transfer Coordinating Committee," March 14, 1990 - Cancelled on December 21, 2007, and not replaced
(bc) DoD Directive 1225.6, "Equipping the Reserve Forces," April 7, 2005(cf) DoD Directive 2010.9, "Acquisition and Cross-Servicing Agreements", April 28, 2003
(ct) DoD Directive 2010.6, "International Co-Production Projects and Agreements Between the United States and Other Countries or International Organizations," November 10, 2004
(cy) DoD Instruction 2030.08, "Trade Security Controls On DoD Excess And Surplus Personal Property," May 23, 2006
- In paragraphs C1.3.1.2. and C2.3.4. and in Table C8.T2., 5132.3 is revised to 5132.03.
Paragraphs C1.3.2.2., C1.3.2.3., C2.3.10., and C2.3.11. are replaced with the following revised versions:
C1.3.2.2. Chairman of the Joint Chiefs of Staff. "Provide implementation guidance for military plans and programs and provide the Secretary of Defense with military advice concerning security assistance programs, actions, and activities security cooperation" DoD Directive 5132.03 (reference (f)).
C1.3.2.3. Combatant Commands. "Develop campaign plans, as appropriate, to conduct security cooperation programs and activities..." See DoD Directive 5132.03 (reference (f))
C2.3.10. The Joint Chiefs of Staff. The Joint Chiefs of Staff provide implementation guidance for U.S. military plans and programs, provide the Secretary of Defense with military advice concerning security cooperation, and review, in conjunction with USD(P), combatant command campaign plans (including security cooperation aspects) and oversee deconfliction of the campaign plans as necessary. The Joint Chiefs of Staff assign force and activity designators for priorities in the allocation of defense articles, defense services, and military education and training between partner countries and organizations and among partner countries and organizations and the U.S. Armed Forces and recommend priorities for allocation of materiel and equipment for partner countries when competing needs cannot be resolved by Director, DSCA. See DoD Directive 5132.03 (reference (f)).
C2.3.11. Combatant Commanders. The Combatant Commanders develop campaign plans, as appropriate, to conduct security cooperation programs and activities; coordinate on seam issues (for combatant commands with geographic responsibility) or coordinate on their individual functional responsibilities (for combatant commands with a global focus); complete campaign plan and campaign support plan assessments, as appropriate; provide appropriate assistance as requested by the USD(P) or the Director, DSCA; and supervise the SCOs in matters related to execution of the Guidance for Employment of the Force, including the provision of necessary technical assistance and administrative support to the SCOs. See DoD Directive 5132.03 (reference (f)).
In the following paragraphs, tables, or figures, all instances of "Denver" are replaced with "Indianapolis":
C6.8.4.1.
C6.8.4.2.
C6.8.4.3.
C7.19.2.
C7.19.3.3.
C9.4.3.4.
C9.6.1.2.6.
C9.7.2.8.5.
C9.7.2.10.3.
C9.7.2.12.2.
C9.9.1.5.1.
Table C9.T10.
C9.9.1.5. 4.2.
C9.9.1.5. 4.5.
C9.10.
Table C9.T13.
C9.10.1.
C9.10.2.
C9.11.1.
C9.11.5.2.
C9.11.5.3.
C9.11.5.4.
C9.11.6.
C9.11.7.
C9.11.7.1.
C9.11.7.2.
C9.11.8.1.
C9.11.8.2.
C9.12.2.
C9.12.3
C9.13.1.1.
C9.13.1.2.
C11.3.4.
C11.3.5.
C11.3.6.
C11.6.4.
C11.6.6.1.
C11.6.6.2.
C11.7.4.
C11.7.5.
C11.7.6.
Table C11.T18. Line 10
C13.3.2.
Table C13.T3.
AP2.2.1.
AP2.2.1.4.
AP2.2.4.
AP3.F10.
AP3.F13.- In Table C4.T4., the Combatant Command column for Reunion (FR), currently listed as PA, and for Saint Helena (UK), currently listed as EU, is revised to AF in both cases.
The portion of Table C4.T2., Country, International Organization, and Regional Codes and FMS Eligibility, dealing with International Organizations, is replaced with the following revised version which updates the column labeled "FMS AECA Eligible" to indicate whether the Organization is eligible for both FMS and non-FMS AECA transfers, for non-FMS AECA transfers only , or for neither.
Table C4.T2. Country, International Organization, and Regional Codes and FMS Eligibility
Organization
FMS
CodeCombatant
Command
\1Regional
Grouping
\2FMS-Eligible\3
AECA-Eligible\8Term of Sale -
Dependable Undertaking
AuthorizedAccel. Case Closure Eligible
Central Treaty Organization (CENTO)
(ceased 1979)T3
NR
NR
No
No
N/A
DSCA\DFAS reserved
Consolidated Appropriations Act, 2008 (Public Law 110-161) Afghanistan Security Forces Fund
E3
CE
NR
AECA Only
No
N/A
Consolidated Appropriations Act, 2008 (Public Law 110-161) Iraq Security Forces Fund
E4
CE
NR
AECA Only
No
N/A
Fiscal Year 2007 DoD Appropriations Act (Public Law 109-289) (Sep 29, 2006)) as supplemented by PL 110-28 (May 25, 2007) Afghanistan Security Forces Fund
B6
CE
NR
AECA Only
No
N/A
Fiscal Year 2007 DoD Appropriations Act (Public Law 109-289) (Sep 29, 2006)) as supplemented by PL 110-28 (May 25, 2007) Iraq Security Forces Fund
B7
CE
NR
AECA Only
No
N/A
Internal DSAMS Training
AA
NR
NR
No
No
N/A
Emergency Supplemental Appropriations (Public Law 109-234) (Jun 15, 2006) Afghanistan Security Forces Fund
B2
CE
NR
AECA Only
No
N/A
Emergency Supplemental Appropriations (Public Law 109-234) (Jun 15, 2006) Iraq Security Forces Fund
B3
CE
NR
AECA Only
No
N/A
Internal DSAMS Training
NN
NR
NR
No
No
N/A
Section 1107 of FY04 Supplemental (Train and Equip Authority) for the Afghanistan National Army
Y2
CE
NR
AECA Only
No
N/A
Section 1107 of FY04 Supplemental (Train and Equip Authority) for the New Iraqi Army
Y3
CE
NR
AECA Only
No
N/A
Uzbekistan - Emergency Wartime Supplemental Appropriations Act 2003 (Public Law 108-11)
Y4
CE
NR
AECA Only
No
N/A
Section 9006 of FY05 Defense Appropriations Act (Public Law 108-287) for Afghanistan
Y5
CE
NR
AECA Only
No
N/A
Section 9006 of FY05 Defense Appropriations Act (Public Law 108-287) for Iraq
Y6
CE
NR
AECA Only
No
N/A
Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-106) for Iraq
Y7
CE
NR
AECA Only
No
N/A
Afghanistan Security Forces Fund - FY05 Emergency Supplemental Appropriations Act (Public Law 109-13)
Y8
CE
NR
AECA Only
No
N/A
Iraq Security Forces Fund - FY05 Emergency Supplemental Appropriations Act (Public Law 109-13)
Y9
CE
NR
AECA Only
No
N/A
USG Transition Support (Iraq)
IZ
CE
NR
No
No
N/A
Airborne Warning and Control System
W1
CE
NR
No
No
N/A
Case Closure Suspense Account (post 1995)
55
NR
NR
No
No
N/A
Dept. of Defense
00
NR
NR
No
No
N/A
European Participating Group F-16 follow on
PG
NR
NR
No
No
N/A
Extraordinary Expenses - IMET and Counterterrorism
22
NR
NR
No
No
N/A
General Costs - IMET and Counterterrorism
66
NR
NR
No
No
N/A
Counterterrorism Program/Contractor Support
33
NR
NR
No
No
N/A
Counterterrorism DSAMS
44
NR
NR
No
No
N/A
F-16, Belgium
F1
NR
NR
No
No
Yes
F-16, Denmark
F2
NR
NR
No
No
Yes
F-16, Netherlands
F3
NR
NR
No
No
Yes
F-16, Norway
F4
NR
NR
No
No
Yes
FAA Sec 607 Sales, Reimbursable (Delayed Payment)
S5
NR
NR
AECA Only
No
N/A
FAA Sec 607 Sales, Payment in Advance
S6
NR
NR
AECA Only
No
N/A
FAA Sec 632 Transactions
S4
NR
NR
AECA Only
No
N/A
National Defense Authorization Act (NDAA), Section 1033 Transactions
S7
NR
NR
AECA Only
No
N/A
National Defense Authorization Act for Fiscal Year 2006 (PL 109-163), Section 1206
B4
NR
NR
AECA Only
No
N/A
National Defense Authorization Act for Fiscal Year 2007 (PL 109-364), Section 1206
B5
NR
NR
AECA Only
No
N/A
National Defense Authorization Act for Fiscal Year 2007 PL 109-364, Section 1206; and National Defense Authorization Act for Fiscal Year 2008 PL 110-181, Section 1206 for the Pakistan Frontier Corps
B8
NR
NR
AECA Only
No
N/A
NDAA, Section 1004 Transactions
S8
NR
NR
AECA Only
No
N/A
Presidential Drawdowns (DSCA authorized use only)
S9
NR
NR
AECA Only
No
N/A
FMF Administration (DFAS use through FY95)
55
NR
NR
No
No
N/A
FMS Agreements (FACTS Data, DSCA)
C2
NR
NR
No
No
N/A
MAP Owned Materiel (DSCA Records)
M1
NR
NR
No
No
N/A
MAP Property Sales and Disposal (MAPSAD)
M2
NR
NR
No
No
N/A
Panama Canal Area Military Schools (PACAMS)
11
SO
AR
No
No
N/A
Seasparrow (Sec 1004, P.L. 98-525)
N3
NR
NR \4
No
No
N/A
Security Assistance Automated Resource Management Suite (SAARMS) database
E1
NR
NR
No
No
N/A
Special Defense Acquisition Fund (SDAF)
D2
NR
NR
No
No
N/A
Intl Civil Def Organization (ICDO)
T8
NR
NR
No
No
N/A
NATO
NATO
N2
EU
EUR
Both
Yes
No
Headquarters
N6
EU
EUR
Both
Yes
No
Airborne Early Warning & Control Operations & Support (O&S) Budget
K7
EU
EUR
Both
Yes
No
Prog Mgt Ofc (NAPMO)
N1
EU
EUR
Both
Yes
No
C3 Agency (NC3A)
K4
EU
EUR
Both
Yes
Yes
NEFMA \5
M1
EU
EUR
Both
Yes
No
HAWK Prod & Log Org (NHPLO)
M6
EU
EUR
Both
Yes
Yes
Missile Firing Installation (NAMFI)
N9
EU
EUR
Both
Yes
No
EF2000 and Tornado Dev, Prod, & Log Mgt Agency (NETMA)
K3
EU
EUR
Both
Yes
No
Mutual Weapons Dev Prog (MWDP)
N8
EU
EUR
Both
Yes
No
NAMSA-F104 + C-130
K2
EU
EUR
Both
Yes
No
NAMSA General + Nike
N4
EU
EUR
Both
Yes
No
NAMSA-HAWK
N7
EU
EUR
Both
Yes
No
NAMSA-Weapons
M5
EU
EUR
Both
Yes
No
Southern Region Signal/ Communications
M7
EU
EUR
Both
Yes
No
Supreme Allied Commander, Atlantic (SACLANT)
K5
EU
EUR
Both
Yes
No
Supreme HQ, Allied Powers, Europe (SHAPE)
A2
EU
EUR
Both
Yes
No
NATO Air Command and Control Management (NACMA)
A6
EU
EUR
Both
Yes
No
NATO Airlift Management Organization (NAMO)
K8
EU
EUR
Both
Yes
No
Regions
Africa
R6
Af
AFR
No
No
Yes
American Republic
R5
SO
AR
No
No
Yes
East Asia/Pacific
R4
PA
EAP
No
No
Yes
European
R2
EU
EUR
No
No
Yes
Near East/South Asia
R3
CE
NESA
No
No
Yes
Regional Security System
SS
SO
AR
Both
No
No
SE Asia Treaty Organization
(ceased 24 Sep 75)T4
NR
NR
No
No
Yes
United Nations
T9
NR
NR
Both
No
Yes
International Civil Aviation Organization (ICAO)
T7
NR
NR
Both
No
Yes
United Nations Office for the Coordination of Humanitarian Assistance to Afghanistan (UNOCHA)
A4
NR
NR
Both
No
Yes
United Nations Transitional Authority in East Timor (UNTAET)
E2
PA
EAP
Both
No
Yes
African Union (AU)
A3
AF
AFR
Both
No
Yes
Organization of American States (OAS)
A1
NR
NR
Both
No
Yes
Organization of Security and Cooperation in Europe (OSCE)
A8
EU
EUR
Both
No
Yes
Economic Community of West African States (ECOWAS)
A7
AF
AFR
Both
No
Yes
Dept of Humanitarian Affairs (UNDHA)
A5
NR
NR
Both
No
Yes
Notes
- Combatant Command
NR Non-Regional
PA Pacific CMD
AF Africa CMD
SO Southern CMD
CE Central CMD
NO Northern CMD
EU European CMD
-
- Regional Grouping
NR Non-Regional
EUR European
AFR Africa Region
EAP East Asia/Pacific
AR American Republic
NESA Near East/South Asia
- Purchaser's eligibility may change. See paragraph C4.2.4.
- Affiliated with but not eligible for FMS as part of NATO.
- Included for historical purposes.
- Responsibility for Security Cooperation transitioned from U.S. Southern Command to the U.S. Northern Command on October 1, 2008.
- Responsibility for Security Cooperation transitioned from U.S. Southern Command to the U.S. Northern Command on October 1, 2003.
- Authorized under program-specific legislation.
- In Table C8.T4., Event 12, after the statement in the Timeframe Column, the parenthetical reference "(See SAMM C8.5.)" is added.
Paragraph C5.6.3 is replaced with the following revised version:
C5.6.3. When is Congressional Notification Required? Table C5.T11. identifies the Congressional Notification criteria and requirements. The DoS must provide clearance to DSCA prior to DSCA forwarding to Congress the statutory 15, 30, or 45 day notification and/or the Advance Notification (20-day review period prior to the 30-calendar day statutory review period) required for countries other than NATO, any NATO member country, Australia, Japan, the Republic of Korea, and New Zealand.
In Table C5.T5., the mandatory standard note for Military Assistance Program (MAP) Redistributed Property is replaced with the revised version below.
Military Assistance Program (MAP) Redistributed Property
Note Usage
Mandatory for LOAs that include items originally purchased under MAP.
Mandatory for Amendments and Modifications that add items originally purchased under MAP.
See Chapter 11, Table C11.T23
Note Text
"Upon acceptance, the purchaser should return one signed copy of this LOA to Defense Financing and Accounting Service-Indianapolis, Attn: Security Assistance Accounting/JAX, 8899 East 56th Street, Indianapolis, IN 46249-6300."
Table C6.T9 is replaced with the revised version below.
Table C6.T9. Accelerated Case Closure Eligibility
ACC Eligibility Criteria
Considerations
Cases are supply complete for at least 1 year.
This time frame accommodates final reconciliation actions and the purchaser's right to submit an SDR associated with the final delivery. The timeframe can be abbreviated if the purchaser confirms in writing that no additional SDRs will be submitted.
No outstanding SDRs or litigation claims are pending.
A case, for which a litigation judgment was issued, can close under ACC even if the settlement has not been paid.
The case is paid in full, i.e., collections equal the final costs.
If the case is not yet paid in full, the MILDEP/Implementing Agency is encouraged to continue processing the case for closure and to forward the closure certificate (and associated "C1" transaction) to DFAS Indianapolis. The purchaser should be notified as early as possible that a final payment is needed to close the case.
The purchaser wants the case closed.
By virtue of the purchaser participating in ACC, a general understanding exists at the Ministry of Defense (MOD) (or equivalent) level that the USG closes its cases within 2 years. Any exceptions to keeping a case open, even though it is supply complete, should be coordinated with DSCA (Business Operations Directorate). Normally, DSCA (Business Operations Directorate) requires that the purchaser's MOD (or equivalent) organization agrees the case should remain open.
Table C5.T10. is replaced with the following revised version:
Table C5.T10. Congressional Notification Criteria and Requirements
Type of Equipment
Dollar Value
Document
Notification or Report Required?
Timing of Notification
Notification Period
Reference
Major Defense Equipment (MDE) for Members of NATO, Australia, Japan, the Republic of Korea, and New Zealand
Less than $25M
LOA
None
N/A
N/A
N/A
MDE for all other purchasers and NATO organizations
Less than $14M
LOA
None
N/A
N/A
N/A
MDE for Members of NATO, Australia, Japan, the Republic of Korea, and New Zealand
$25M or greater
LOA
Notification
Must be completed prior to offer
15 calendar days
AECA, Section 36(b)(1)
MDE for all other purchasers and NATO organizations
$14M or greater
LOA
Notification
Must be completed prior to offer
15 calendar days for NATO organizations
---------------------------
All other purchasers - 30 calendar days
(plus 20 calendar days advance notification)AECA, Section 36(b)(1)
MDE for Members of NATO, Australia, Japan, the Republic of Korea, and New Zealand
Changes to MDE values that bring total MDE up to $25M threshold
Amendment
Notification
Must be completed prior to offer
15 calendar days
AECA, Section 36(b)(1)
MDE for all other purchasers and NATO organizations
Changes to MDE values that bring total MDE up to $14M threshold
Amendment
Notification
Must be completed prior to offer
15 calendar days for NATO organizations
---------------------------
All other purchasers - 30 calendar days
(plus 20 calendar days advance notification)AECA, Section 36(b)(1)
Defense Articles (Non-MDE) or Services for Members of NATO, Australia, Japan, the Republic of Korea, and New Zealand
Less than $100M
LOA
None
N/A
N/A
N/A
Defense Articles (Non-MDE) or Services for all other purchasers and NATO organizations
Less than $50M
LOA
None
N/A
N/A
N/A
Defense Articles (Non-MDE) or Services for Members of NATO, Australia, Japan, the Republic of Korea, and New Zealand
$100M or greater
LOA
Notification
Must be completed prior to offer
15 calendar days
AECA, Section 36(b)(1)
Defense Articles (Non-MDE) or Services for all other purchasers and NATO organizations
$50M or greater
LOA
Notification
Must be completed prior to offer
15 calendar days for NATO organizations
---------------------------
All other purchasers - 30 calendar days
(plus 20 calendar days advance notification)AECA, Section 36(b)(1)
Defense Articles (Non-MDE) or Services for Members of NATO, Australia, Japan, the Republic of Korea, and New Zealand
Changes to the case value that bring the total value up to $100M threshold
Amendment
Notification (Determined on a case-by-case basis.)
Must be completed prior to offer
15 calendar days
AECA, Section 36(b)(1)
Defense Articles (Non-MDE) or Services for all other purchasers and NATO organizations
Changes to the case value that bring the total value up to $50M threshold
Amendment
Notification (Determined on a case-by-case basis.)
Must be completed prior to offer
15 calendar days for NATO organizations
---------------------------
All other purchasers - 30 calendar days
(plus 20 calendar days advance notification)AECA, Section 36(b)(1)
MDE, Non-MDE, Services, or Design and Construction
Any value
P&A
None
N/A
N/A
N/A
Design and Construction for Members of NATO, Australia, Japan, the Republic of Korea, and New Zealand
Less than $300M
LOA
None
N/A
N/A
N/A
Design and Construction for all other purchasers and NATO organizations
Less than $200M
LOA
None
N/A
N/A
N/A
Design and Construction for Members of NATO, Australia, Japan, the Republic of Korea, and New Zealand
$300M or greater
LOA
Notification
Must be completed prior to offer
15 calendar days
AECA, Section 36(b)(1)
Design and Construction for all other purchasers and NATO organizations
$200M or greater
LOA
Notification
Must be completed prior to offer
15 calendar days for NATO organizations
---------------------------
All other purchasers - 30 calendar days
(plus 20 calendar days advance notification)AECA, Section 36(b)(1)
Design and Construction for Members of NATO, Australia, Japan, the Republic of Korea, and New Zealand
Changes to the design and construction costs that bring the total value up to $300M threshold
Amendment
Notification
Must be completed prior to offer
15 calendar days
AECA, Section 36(b)(1)
Design and Construction for all other purchasers and NATO organizations
Changes to the design and construction costs that bring the total value up to $200M threshold
Amendment
Notification
Must be completed prior to offer
15 calendar days for NATO organizations
---------------------------
All other purchasers - 30 calendar days
(plus 20 calendar days advance notification)AECA, Section 36(b)(1)
Enhancements or upgrades in sensitivity of technology and/or capability
Enhancements to equipment that has been previously notified, has not yet been delivered and is BELOW the section 36(b)(1) financial thresholds
LOA or Amendment
Report
Must be completed prior to delivery of the defense articles or the furnishing of services
45 calendar days
AECA Section 36(b)(5)(A)
Enhancements or upgrades in sensitivity of technology and/or capability
Enhancements to equipment that has been previously notified, has not yet been delivered and EXCEEDS the section 36(b)(1) financial thresholds
LOA or Amendment
Notification
Must be completed prior to offering the LOA, or Amendment
15 calendar days for NATO organizations
---------------------------
All other purchasers - 30 calendar days
(plus 20 calendar days advance notification)AECA Section 36(b)(5)(C)
Transfers to Greece or Turkey
NATO Member Country 36(b) thresholds
LOA or Amendment
Certification
Must be completed prior to offering the LOA, or Amendment
15 calendar days
FAA Section 620C(d)
Paragraph C8.8.4.1. is replaced with the following revised version:
C8.8.4.1. Congressional Notification. Third party transfers are subject to requirements for Congressional notification under AECA, section 3(d) (reference (c)), using guidelines similar to those for AECA, section 36(b) (reference (c)) notifications (see Chapter 5, section C5.6.). A 30-day prior Congressional notification is required for third-party transfer requests that involve defense articles and services with original acquisition values that fall in one of the following categories: Major Defense Equipment (MDE) with an acquisition value equal to or greater than $14M for non-North Atlantic Treaty Organization (NATO) recipients and $25M if the recipient is a member of NATO, Australia, Japan, the Republic of Korea, or New Zealand; or any other defense article or related training or defense service with an acquisition value of $50M or more for non-NATO recipients and $100M or more for NATO, Australia, Japan, the Republic of Korea, and New Zealand recipients. Approval is granted after the 30-day (including weekends) period has expired if no objections are raised.
- In Table C9.T2. in the column headed "Applied by - for billing," five instances of "DFAS - Denver" or "DFAS" are replaced with "DFAS - Indianapolis."
Paragraph C9.6.3.1.1. is replaced with the following revised version:
C9.6.3.1.1. For sales that would significantly advance U.S. interests in NATO standardization, standardization with the armed forces of Australia, Japan, the Republic of Korea, or New Zealand, or foreign procurement in the United States under co-production arrangements.
In Figure C9.F6.,
Defense Finance and Accounting Service-Denver
DFAS Denver (Credit Sales)
6760 E. Irvington Place Denver, CO 80279-2000
Refunds by wire transfer should be addressed as follows:
United States Treasury
New York, New York
021-030-004
DFAS Denver, Agency Code 3801is replaced with:
Defense Finance and Accounting Service-Indianapolis
Security Assistance Accounting (Credit Sales)
8899East 56th Street
Indianapolis, IN 46249-6300
Refunds by wire transfer should be addressed as follows:
United States Treasury
New York, New York
021-030-004
DFAS Indianapolis, Agency Code 3801Paragraph C11.1.2. is replaced with the following revised version:
C11.1.2. Temporary Authority to Use ACSA to Lend Certain Military Equipment to Foreign Forces in Iraq and Afghanistan for Personnel Protection and Survivability or Participating in Combined Operations with the United States as part of a Peacekeeping Operation under the Charter of the United Nations or Another International Agreement. Notwithstanding paragraph C11.1.1 above, special authority was enacted in Section 1202 of the National Defense Authorization Act (NDAA) for Fiscal Year 2007 (P.L. 109-364) , as amended by Section 1252 of the FY 2008 NDAA, to permit the Secretary of Defense to treat "covered military equipment" (defined in Section 1202 as SME in USML categories I, II, III, VII, XI, and XIII) as logistics support, supplies, and services under ACSA agreements for the purposes of providing such equipment to military forces of a nation while participating in combined operations with the United States in Iraq or Afghanistan, or in other approved combined operations, when the equipment is required for personnel protection or to aid in the personnel survivability of those forces. Use of this authority requires a determination by the Secretary of Defense, with concurrence of the Secretary of State that it is in the national security interest to provide the equipment. Equipment may not be provided for a period longer than one year. This authority expires on September 30, 2009.
The following row in Table C11.T7., EDA Legislation Summary, is replaced with the following revised version that clarifies the allowable weight limit proscribed by law.
Table C11.T7. EDA Legislation Summary
FAA, Section 516(e) (reference (b))
EDA recipients are responsible for Packaging, Crating, Handling and Transportation (PCH&T) costs, as well as refurbishment work and follow-on support. These services may be purchased from the Department of Defense through the FMS program. DoD funds may be expended for the transportation of grant EDA if it is in the U.S. national interest, the transportation is on a Space Available basis, the total weight of the transfer does not exceed 50,000 lbs., and the recipient country receives less than $10M in International Military Education and Training (IMET) or FMF in the fiscal year the transportation is provided. MILDEPs must request Space Available authorization with the EDA request. Requests must include the total weight, proposed method and route of Space Available, and timeframes or constraints. DSCA (Programs Directorate) seeks the required national interest determination (delegated to the Director, DSCA under Executive Order) and where appropriate approve Space Available transportation in the EDA transfer authorization message.
Paragraph C11.10.6. is replaced with the following revised version:
C11.10.6. Congressional Notification Requirements. AECA, section 62 (reference (c)) requires written certification from the President to the Speaker of the House of Representatives, the Chairman of the Committee on Foreign Relations of the Senate, and the Chairman of the Committee on Armed Services of the Senate before entering into or renewing a lease agreement for a period of 1 year or longer. The certification must be transmitted not less than 15-calendar days before agreements with NATO, NATO member countries, Australia, Japan, the Republic of Korea, or New Zealand and not less than 30-calendar days before agreements with all other countries or organizations. The certification includes: the country or international organization to which the defense article is to be leased; the type, quantity, and value (in terms of replacement cost) of the defense article to be leased; the terms and duration of the lease; and the justification for the lease, including an explanation of why the defense article is being leased rather than sold. AECA, section 62(b) (reference (c)) authorizes waiver of the Congressional Notification for leases if the President states in his or her certification that an emergency exists that requires the lease be entered into immediately in the interest of U.S. national security. The certification must include a detailed justification with a description of the emergency circumstances and a discussion of the national security interests involved. This authority is reserved to the President for his or her exercise only. In the event of such an emergency, DSCA provides instructions to the Implementing Agency.
Figure AP3.F4. is replaced with the following revised version:
Figure AP3.F4. FMF Loan Agreement - Annex 2 -
Request for Advance Funds - Sample Letter Principle Payment ScheduleRequest for Advance of Funds - Sample Letter
Director
Defense Finance and Accounting Service -Indianapolis
ATTN: Security Assistance Accounting/JAX
8899 East 56th Street
Indianapolis, IN 46249-6300Dear Sir:
In accordance with the provisions of Section 1.4 of our Loan Agreement with the Government of the United States of America dated ________________, the Government of _______________________ hereby requests DFAS Indianapolis approval and disbursement of an advance of _________________ from that loan.
The Government of ____________________ acknowledges that advances hereunder may be used to pay ocean and air freight costs only for transportation of Defense Items being carried on vessels or aircraft of United States registry, and that all materiel financed from this loan which is to be shipped by ocean surface transportation must be transported in privately-owned vessels of United States registry unless a waiver is obtained in accordance with Section 7 of the Loan Agreement. In furtherance of this requirement, the suppliers of the materiel being financed with this advance were so notified and given appropriate shipping instructions.
In connection with this request, the Government of _____________________ confirms that, as appropriate: the defense articles and services for which payment is requested have been satisfactorily delivered; or the advance payment requested is in accordance with requirements of the contract; or the progress payment requested is based on the contractor's satisfactory progress and is in accordance with requirements of the contract; and that payment is therefore due and unpaid under the Purchase Agreement _________________ with the ____________________.
Sincerely,
Government of __________________
By_________________________________
(Name and Title)In Figure AP3.F6.,
DFAS-JY/DE
6760 E. Irvington Place
Denver, Colorado 80279-2000is replaced with:
Defense Finance and Accounting Service-IN
Security Assistance Accounting/JAX
8899 East 56th Street
Indianapolis, IN 46249-6300Figure AP3.F9., requirement 2., is replaced with the following revised text:
2. Whenever the Borrower desires a disbursement of FMS loan funds, its authorized representative(s), as designated pursuant to provisions of the Loan Agreement, shall forward the written request, prepared in accordance with Annex II of the Agreement, to the Defense Finance and Accounting Service-IN, Security Assistance Accounting/JAX, 8899East 56th Street, Indianapolis, IN 46249-6300 not less than 15 business days before the desired disbursement date.
In Figure AP3.F11.,
DFAS-AYADD/DE
6760 E. Irvington Place
Denver, CO 80279-2000is replaced with:
Defense Finance and Accounting Service-IN
Security Assistance Accounting/JAX
8899 East 56th Street
Indianapolis, IN 46249-6300Figure AP3.F12. is replaced with the following revised version:
Figure AP3.F12. FMF Grant Agreement - Annex 2
Request for Advance of Funds - Sample LetterRequest for Advance of Funds - Sample Letter
Director
Defense Finance and Accounting Service-INSecurity Assistance Accounting/JAX
8899 East 56th Street
Indianapolis, IN 46249-6300Dear Sir:
In accordance with the provisions of Section 1.3 of our Grant Agreement with the Government of the United States of America dated _(date)_, the Government of _______________________ hereby requests DFAS Indianapolis approval and disbursement of an advance of _(amount)_ from that grant.
The Government of ____________________ acknowledges that advances hereunder may be used to pay ocean and air freight costs only for transportation of Defense Items being carried on vessels or aircraft of United States registry, and that all materiel financed from this grant which is to be shipped by ocean surface transportation must be transported in privately owned vessels of United States registry unless a waiver is obtained in accordance with Section 6 of the Grant Agreement. In furtherance of this requirement, the suppliers of the materiel being financed with this advance were so notified and given appropriate shipping instructions.
In connection with this request, the Government of _____________________ confirms that, as appropriate: the defense articles and services for which payment is requested have been satisfactorily delivered; or the advance payment requested is in accordance with requirements of the contract; or the progress payment requested is based on the contractor's satisfactory progress and is in accordance with requirements of the contract; and that payment is therefore due and unpaid under the Purchase Agreement (insert Case Identifier) with the (insert Supplier).
Sincerely,
Government of ______________________
By ________________________________
(Name and Title)In Figure AP3.F15., one instance of "DFAS Denver" is replaced with "DFAS Indianapolis" and requirement 2. is replaced with the following revised text:
2. Whenever the Grant Recipient desires a disbursement of grant funds, its authorized representatives(s), as designated pursuant to provisions of the Grant Agreement, shall forward the written request, prepared in accordance with Annex II of the Agreement, to the Defense Finance and Accounting Service-IN, ATTN: Security Assistance Accounting/JAX, 8899East 56th Street, Indianapolis, IN 46249-6300, not less than 15 business days before the desired disbursement date.
The following lines in Table AP5.T1. are replaced with the following revised versions. In addition, all footnote references in Table AP5.T1. to the "HIRC - House International Relations Committee" are revised to "HFAC - House Foreign Affairs Committee," and all footnote references to the "HNSC - House National Security Committee" are revised to "HASC - House Armed Services Committee."
Table AP5.T1. Security Assistance Statutory Reports Submitted to Congress
By the Department of DefenseReport Item
Authorizing Legislation
Recipient*
Trigger
Responsible DoD Component
27
Reports of proposed FMS which are:
- For defense articles or services valued at $50M or more ($100M or more for NATO members, Australia, the Republic of Korea, and Japan), or
- For design and construction services valued at $200M or more ($300M or more for NATO members, Australia, the Republic of Korea, and Japan), or
- MDE valued at $14M or more ($25M or more for NATO members, Australia, the Republic of Korea, and Japan)
Sec. 36(b)(1), AECA (codified as amended at 22 U.S.C.2776)
SHR, SFRC, HFAC, HAC, SAC, [HASC, SASC] 1/
15 days before issuance of an LOA to NATO, NATO members, Japan, Australia, the Republic of Korea, or New Zealand, or 30 days before issuance of an LOA to other purchasers
DSCA (Business Operations Directorate/Administration and Management Division)
30
Report on reciprocal no-rent leases
Sec. 61(a), AECA, (codified as amended at 22 U.S.C. 2796)
SAC, HAC, SFRC, HFAC
Two week notification before entering into or renewing any lease agreement for one year or longer; 15 days for NATO, Australia, Japan, the Republic of Korea, and New Zealand
DSCA (Programs Directorate/Weapons Division)
31
Report on proposed leases of defense articles
Sec.62, AECA, (codified as amended at 22 U.S.C. 2796a.)
SHR, SFRC, SASC, [HFAC, HASC] 1/
NLT 30 days before entering into or renewing any lease agreement for one year or longer; 15 days for NATO, Australia, Japan, the Republic of Korea, and New Zealand
DSCA (Programs Directorate/ Weapons Division)