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

7/13/2018

MEMORANDUM FOR :

DEPUTY UNDER SECRETARY OF THE AIR FORCE FOR INTERNATIONAL AFFAIRS
DEPUTY ASSISTANT SECRETARY OF THE ARMY FOR DEFENSE EXPORTS AND COOPERATION
DEPUTY ASSISTANT SECRETARY OF THE NAVY FOR INTERNATIONAL PROGRAMS
DIRECTOR, DEFENSE CONTRACT MANAGEMENT AGENCY
DIRECTOR FOR SECURITY ASSISTANCE, DEFENSE FINANCE AND ACCOUNTING SERVICE - INDIANAPOLIS OPERATIONS
DIRECTOR, DEFENSE INFORMATION SYSTEMS AGENCY
DIRECTOR, DEFENSE LOGISTICS AGENCY
DIRECTOR, DEFENSE LOGISTICS INFORMATION SERVICE
DIRECTOR, DEFENSE REUTILIZATION AND MARKETING SERVICE
DIRECTOR, DEFENSE THREAT REDUCTION AGENCY
DIRECTOR, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY
DEPUTY DIRECTOR FOR INFORMATION ASSURANCE, NATIONAL SECURITY AGENCY

SUBJECT :

Information on Multifunctional Information Distribution System, Defense Security Cooperation Agency Policy 18-13

REFERENCE :

1. National Disclosure Policy (NDP-1)
2. Chairman, Joint Chiefs of Staff Instruction 6510.06C, "Communications Releases to Foreign Nations," 08 November 2013
3. DSCA Policy Memo 08-26 "Revised Guidance for Multi-Service Letters of Offer and Acceptance (LOAs)," 26 September 2008

This memorandum supersedes DSCA Policy Memo 12-07, "Information on Multifunctional Information Distribution System (MIDS)," 01 June 2012

The MIDS terminal provides Link 16, a modern, secure tactical data link capability, which offers the warfighter a common operating picture. The system operates in the Ultra High Frequency (UHF) spectrum either by line-of-sight or beyond line-of-sight via UHF satellite using the Joint Range Extension protocol. There are currently two primary MIDS product lines: MIDS-Low Volume Terminal (MIDS-LVT) and MIDS Joint Tactical Radio System (MIDS JTRS).

MIDS-LVT is a hardware defined radio developed by a consortium of five countries (United States, France, Germany, Italy, and Spain) under a Program Memorandum of Understanding (PMOU) and is managed by the MIDS International Program Office (IPO) within the MIDS Program Office (MPO). Senior representatives of the five participant nations comprise the MIDS Steering Committee (SC).

MIDS JTRS is a Software Defined Radio (SDR) developed by the US and is managed by the MIDS Program Office (MPO). MIDS JTRS terminals can be loaded with additional waveforms to access other networks.

MIDS-LVT and MIDS JTRS are both designated as Major Defense Equipment (MDE) and Type-1 cryptologic systems containing embedded Communication Security (COMSEC) technology, requiring Enhanced End Use Monitoring (EEUM). Being designated as MDE, a Non-recurring Cost (NC) charge shall be assessed for sales of MIDS equipment. In addition to the NC charge applicable to MIDS-LVT allocated to the US, a Special NC charge has been established and will be assessed on behalf of the MIDS-LVT consortium foreign member countries. These NCs charges can be found in the Security Assistance Management Manual (SAMM), Appendix 1.

Provision of Link 16 capability requires access to controlled unclassified information and may require access to classified military information, and is subject to the foreign disclosure review process and approval as defined in reference (a). As per the requirements set forth in reference (b), a Release in Principle (RIP) granted by the Committee for National Security Systems (CNSS) must be in place prior to discussions of Link 16 capability with a foreign government. Further, Price and Availability (P&A) data can only be provided for Link 16 capability if there is a RIP in place. To discuss information specific to MIDS-LVT with a foreign country, the MIDS SC must also approve release of information to that country.

Multiple approvals are required before a Letter of Offer and Acceptance (LOA) for MIDS equipment (terminals and spare parts) can be offered to a purchaser: 1) foreign disclosure approval; 2) Release in Specific (RIS) COMSEC approval, as per the requirements set forth in reference (b); and 3) for MIDS-LVT only, approval from the MIDS SC in order to comply with the MIDS PMOU and to ensure there are no false impressions. To obtain MIDS SC approval, an application requesting the sale of MIDS-LVT equipment to a non-MIDS program participant country (i.e. MIDS third party) must be submitted to the MIDS IPO. The quantity of terminals and host platform cited in the application must agree with the specifics stated in the RIS. The application is then submitted to the MIDS IPO who will staff the application with each SC member requesting its approval to sell the equipment. The RIS serves as the US vote to the SC. Approval to sell by the MIDS IPO will be granted only upon unanimous approval from all SC members. The MIDS IPO approval process typically requires six to seven months to complete. A letter will be provided by the MIDS IPO to the requesting country once the MIDS SC provides its approval. The MIDS IPO letter, in addition to a National Security Agency (NSA) letter approving the specific Foreign Military Sales (FMS) sale, must be included as part of the LOA package when submitted by the Implementing Agency (IA) to the Defense Security Cooperation Agency (DSCA). This documentation will serve to confirm that the MIDS SC has approved the sale of the equipment and that the NSA has approved the sale of the associated embedded COMSEC devices. In addition to equipment sales approvals, the MIDS IPO will staff requests for approval of release of MIDS-LVT information with each SC member. The application process is similar to equipment sales requests, except that a RIP for Link 16 or MIDS-LVT, in lieu of a RIS, serves as the US vote for MIDS SC approval.

Any proposed transfer of MIDS equipment or information from an FMS purchaser to a third party must also be approved by the Department of State Bureau of Political-Military Affairs, Office of Regional Security and Arms Transfers via a Third Party Transfer (TPT) request. TPTs of MIDS-LVT equipment and information also require approval by the MIDS SC, requests for which shall be submitted to and staffed by the MIDS IPO.

The MPO is the acquisition agent for MIDS, and as such, MPO contracts shall be utilized for all FMS of MIDS equipment. Use of these contracts for FMS of MIDS-LVT equipment is also required by the MIDS PMOU. FMS of MIDS equipment and services shall be executed via FMS cases developed and managed directly by the MPO, not within platform acquisition and/or upgrade cases unless otherwise agreed to and coordinated in advance between the platform case program office and the MPO on a case-by-case basis. Agreement impasses shall be referred to DSCA (Strategy) for decision. When MIDS equipment and services are associated with platform cases, the MPO shall develop and execute companion cases in close coordination with the platform case program office. MPO case management of all MIDS equipment and services will alleviate the undue burden of manual financial and logistical processing of multi-service LOAs, as to be in alignment with guidance contained in reference (c). If the platform case program office receives the initial MIDS requirement, it shall coordinate with MPO case managers to develop a Total Package Approach for the purchaser; this coordination shall be initiated via requests sent by email to MIDS_FMS.fct@navy.mil and copy to Other_IA_casedev@navy.mil. If MPO receives the initial MIDS requirement it shall coordinate requirements with platform case managers to develop a Total Package Approach for the purchaser; this coordination shall be initiated via email requests sent by the MPO to the Platform Implementing Agency's LOR email address in Table C5.T2. Prior to developing P&A data or LOAs which are dependent on procurement of MIDS equipment and services, the MPO and the platform case program office shall coordinate early in the requirements definition phase to facilitate the entire MIDS acquisition cycle, including approval, procurement, fielding, sustainment and support processes.

If you have any question concerning this guidance, please contact Mr. Chris King, DSCA/STR/WPNS, at Christopher.s.king26@mail.mil (703) 697-9963 or Mr. Rob Sprout, DSCA/STR/WPNS, at Robert.h.sprout.civ@mail.mil (703) 697-9817. For general questions concerning the SAMM, please contact Mr. Kent Bell, DSCA/STR/SPI, at eddie.k.bell.civ@mail.mil (703) 697-0954.

Pamela Shepherd
Division Chief
Strategic Planning and Integration

CC :

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