Incorporated

Policy changes from this SAMM E-Change memo have been incorporated into the SAMM.

 
DoD Shield

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

5/15/2020

MEMORANDUM FOR :

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

SUBJECT :

Note on Physical Security and Accountability Plans for JAVELIN, NATO Man-Portable Air Defense Systems (MANPADS), Non-NATO MANPADS and other defense articles designated for Enhanced End Use Monitoring for Building Partner Capacity Letters of Offer and Acceptance, DSCA Memo 20-02 [SAMM E-Change 464]

Effective immediately, four additional notes applicable to BPC Letters of Offer and Acceptance are added to Security Assistance Management Manual, Appendix 6, LOA Notes Listing. The attached e-change adds a requirement for inclusion of a usage note for all future BPC Letters of Offer and Acceptance (LOAs) that transfer Javelin Missile Systems, NATO+3 MANPADS, non-NATO MANPADS, and other defense articles designated for Enhanced End Use Monitoring. Inclusion of the Physical Security and Accountability Plan note will be mandatory for all new BPC LOAs and amendments that add the subject systems, as well as for amendments or modifications that include no additional subject systems if the note on the implemented version of the case varies from the text of the subject note.

Implementing Agencies should disseminate this policy to supporting activities.

If you have any questions concerning this guidance, please contact Ms. Caroline Chin, DSCA-SPP/SPI, caroline.s.chin.civ@mail.mil, (703) 697-9073.

Alan Gorowitz
Principal Director
Strategy, Plans, and Programming

 

 

ATTACHMENTS : Security Assistance Management Manual (SAMM), E-Change #464

  1. Javelin Physical Security and Accountability Plan (BPC LOAs)
  2. Man-Portable Air Defense Systems - Non-NATO (BPC LOAs)
  3. Man-Portable Air Defense Systems - NATO+3 (BPC LOAs)
  4. Physical Security and Accountability Plan for Other Defense Articles Designated for Enhanced End Use Monitoring (BPC LOAs)

CC :

USAFRICOM
USCENTCOM
USEUCOM
USNORTHCOM
USSOUTHCOM
USPACOM
USTRANSCOM
USSOCOM
STATE/PM-RSAT
USASAC
SATFA
TRADOC
NAVSUP WSS
NETSAFA
AFSAC
AFSAT
DISAM
MARCOR IP
SCETC
USCG International Affairs (G-CI)

Security Assistance Management Manual (SAMM), E-Change #464

1) In Appendix 6, add the following notes:

Javelin Physical Security and Accountability Plan (BPC LOAs)

Note Usage

FMS: No

BPC: Yes

Mandatory for BPC LOAs, Amendments and Modifications that transfer Javelin Missile Systems.

Amendments and Modifications must include the newest version of the note if it is not incorporated into the implemented version of the case.

References

See Table C8.T4.

Note Input Responsibility

CWD

Note Text

"The Benefitting Country will provide the Security Cooperation Organization (SCO) and/or other appropriate U.S. Government representatives a written physical security and accountability control plan prior to receipt of the equipment.

Weapons storage facilities must be conducted and certified by MILDEPs in accordance with DoD Manual 5100.76-M, "Physical Security of Sensitive Conventional Arms, Ammunition and Explosives," before EEUM-designated weapons systems are delivered.

The benefitting country agrees to adhere to the following security requirements associated with the Javelin Missile System. The Office of the Provost Marshal General, Army Physical Security (DAPM-MPD-PS), U.S. Army may approve modification of specified requirements to meet indigenous conditions.

  1. Javelin Missile: The Javelin Missile is accorded Category I protection as addressed in Department of Defense (DoD) 5100.76-M, (current revision), "Physical Security of Sensitive Conventional Arms, Ammunition, and Explosives." The Javelin Missile must be stored in facilities that are at least equivalent in strength to U.S. Army requirements as specified in subparagraph a., below. The benefitting country also agrees to comply with U.S Army specified requirements for lighting, doors, locks, keys, fencing, and surveillance and guard systems. Specific requirements must be agreed upon and installed prior to delivery of the missile system. U.S. Army representatives must be allowed to verify security measures and procedures established for implementation of these requirements.
    1. Magazines: Reinforced concrete, arch type, earth covered whose construction is at least equivalent in strength to the requirements of DoD 6055.9-STD (current revision), "Ammunition and Explosives Safety Standards" will be used for storage (specifications will be provided to the benefitting country).
    2. Lighting: Lighting will be provided for exterior doors and along perimeter barriers. Security lighting requirements will conform to ammunition and safety requirements of Appendix C, U.S. Army Technical Manual 9-1300-206 (with Changes), (specifications will be provided to the benefitting country).
    3. Doors, Locks and Keys: Exterior doors must be class five steel vault doors secured by two-key operated high security padlocks and a high security shrouded hasp. Keys must be secured separately to ensure effective two-man control of access (i.e., two authorized persons must be present to enter). Use of master or multiple keys is prohibited.
    4. Fencing: Fencing must be 6-foot (minimum) steel chain link with 1-foot overhang mounting on steel or reinforced concrete posts over firm base. Clear zones must be established 30 feet inside and 12 feet outside the perimeter fence (provided there is adequate space).
    5. Surveillance and Guard: A full time guard or combination guard force and intrusion detection system (IDS) must be provided. When IDS is not operational, 24-hour guard surveillance is required.
    6. Access to Storage Facilities: Two authorized persons must be present during any activity that affords access to storage facilities containing the Javelin Missile. Lock and key procedures must be developed to ensure that no individual can be unescorted or have unobserved access to Javelin storage facilities.
  2. The Javelin Command Launch Unit (CLU): The benefitting country will ensure that the Javelin CLU is accorded Category III protection as addressed in DoD 5100.76-M (current revision), "Physical Security of Sensitive Conventional Arms, Ammunition, and Explosives." U.S. Army representatives will be allowed to verify security measures and procedures established for these requirements.
  3. Accountability:
    1. Each month, the benefitting country will perform a 100% physical inventory of rounds and CLUs. A 100% physical inventory of rounds and CLUs by serial number will be taken quarterly of weapons issued at the operational unit level. A 100% physical inventory of rounds and CLUs by serial number will be taken semiannually of weapons stored or retained at installation, depot, post, or base level. To ensure verification, two authorized people will conduct all inventories. Rounds expended during peacetime must be accounted for by serial number.
    2. The Security Cooperation Organization (SCO) and/or other appropriate U.S. Government representative (i.e., ODC, JUSMAG, MILGRP, etc.) will be permitted to conduct a U.S. inspection and inventory by serial number annually. Inventory and accountability records maintained by the benefitting country will be made available for review upon U.S. Government request.
  4. Transportation: Movement of the Javelin will meet U.S. standards for safeguarding classified material in transit as specified by the U.S. Government in DoD 5100.76-M (current revision), "Physical Security of Sensitive Conventional Arms, Munitions, and Explosives" (standards of which must be provided to the benefitting country) and paragraph 5. below.
  5. Access to Hardware and Classified Information:
    1. Access to hardware and related classified information will be limited to military and civilian personnel of the purchasing Government (except for authorized U.S. personnel as specified herein) who have the proper security clearance and who have an established need to know the information in order to perform their duties. Information released will be limited to that necessary to perform assigned functions/operational responsibility, and, where possible, will be oral/visual only.
    2. Missile maintenance that requires access to the interior of the operational system, beyond that required of the operator, must be performed under U.S. control.
  6. Compromise, Loss, Theft, and Unauthorized Use: The benefitting country will report to the U.S. Army by the most expeditious means any instances of compromise, unauthorized use, loss or theft of any Javelin materiel or related information. This will be followed by a prompt investigation and the results will be provided to the U.S. Army.
  7. Third-Party Access: The recipient will agree that no information on Javelin will be released to third-country Government, person, or other third party entity without U.S. approval.
  8. Damaged/Expended Materiel: The U.S. Army must be notified immediately to determine disposition of damaged Javelin missile rounds. When Javelin missile rounds are expended, the benefitting country will provide certification by serial number to the SCO with verification by a U.S. Army representative whenever possible.
  9. Conditions of Shipment and Storage for Javelin and Javelin variants: The two principle components of the Javelin missile system, the Command Launch Unit, and the missile in its disposable launch tube must be stored in separate locations. The two storage locations must be physically separated sufficiently so that penetration of the security at one site must not place the second at risk. The Command Launch Units and the missiles must be shipped and transported in separate vehicles or vessels except when under the conditions of paragraph 10. below.
  10. Conditions of Use: The two principle components of the Javelin missile system, the Command Launch Unit, and the missile in its disposable launch tube, may be brought together and assembled under the following circumstances:
    1. In the event of hostilities or imminent hostilities.
    2. For firing as part of regularly scheduled training; however, only those rounds to be fired will be withdrawn from storage and assembled.
    3. For lot testing; however, only rounds to be tested will be withdrawn from storage and assembled.
    4. When systems are deployed as part of the point defenses of high-priority installations or activities (e.g., key government buildings, military headquarters, essential utilities, air defense facilities).
  11. Demilitarization/Disposal: At the end of their useful life, Javelin missile rounds and CLUs must be demilitarized or disposed of using a BPC LOA. If done in-country, the SCO must approve the benefitting country's plans and ensure compliance with U.S. standards. The benefitting country must use guidance provided in DoD 4160.21-M-1 (current version) or request technical assistance from the U.S. Army or the Defense Logistics Agency Disposition Services. The transfer of demilitarized Javelin missile rounds or CLUs to a private entity requires approval of the U.S. Government."

Man-Portable Air Defense Systems - Non-NATO (BPC LOAs)

Note Usage

FMS: No

BPC: Yes

Mandatory for BPC LOAs, Amendments and Modifications that transfer MANPADS to benefitting countries other than NATO, NATO Nations, Japan, Australia and New Zealand.

Amendments and Modifications must include the newest version of the note for benefitting country other than NATO, NATO Nations, Japan, Australia and New Zealand, if it is not incorporated into the implemented version of the case.

References

See Table C8.T4.

Note Input Responsibility

CWD

Note Text

"The Benefitting Country will provide the Security Cooperation Organization (SCO) and/or other appropriate U.S. Government representatives a written physical security and accountability control plan prior to receipt of the equipment.

Weapons storage facilities must be conducted and certified by MILDEPs in accordance with DoD Manual 5100.76-M, "Physical Security of Sensitive Conventional Arms, Ammunition and Explosives," before EEUM-designated weapons systems are delivered.

The benefitting country agrees to adhere to the following additional security requirements associated with Man-Portable Air Defense System (MANPADS). Modification of specified requirements to meet indigenous conditions may be approved by the Office of the Provost Marshal General, Army Physical Security (DAPM-MPD-PS), U.S. Army.

  1. Physical Security. The MANPADS will be stored in magazines that are at least equivalent in strength to U.S. Army requirements as specified in subparagraph a. below. The benefitting country also agrees to comply with U.S. Army specified requirements for lighting, doors, locks, keys, fencing, and surveillance and guard systems. Specific requirements will be agreed upon and installed prior to delivery of the missile system. U.S. Army representatives will be allowed to verify security measures and procedures established for implementation of these requirements.
    1. Magazines. Reinforced concrete, arch type, earth covered whose construction is at least equivalent in strength to the requirements of Chapter 5, DoD 6055.9-STD, "Ammunition and Explosive Safety Standards," July 1999, will be used for storage (standards of which will be provided to the benefitting country).
    2. Lighting. Lighting will be provided for exterior doors and along perimeter barriers. Security lighting requirements will conform to the ammunition and safety requirements of U.S. Army Technical Manual 9-1300-206, Appendix C (standards of which will be provided to the benefitting country).
    3. Doors, Locks, and Keys. Exterior doors will be class five steel vault doors secured by two key-operated high security padlocks and a high security shrouded hasp. Keys will be secured separately to ensure effective two-man control of access (i.e., two authorized persons must be present to enter). Use of a master or multiple key system is prohibited.
    4. Fencing. Fencing will be six foot (minimum) steel chain link with a one-foot overhang mounted on steel or reinforced concrete posts over firm base. Clear zones will be established 30 feet inside and 12 feet outside the perimeter fence (provided there is adequate space).
    5. Surveillance and Guard. A full-time guard force or combination guard force and intrusion detection system (IDS) will be provided. When the IDS is not operational, 24-hour guard surveillance is required.
    6. Access to Storage Facilities. Two authorized persons will be required to be present during any activity that affords access to storage facilities containing MANPADS. Lock and key procedures will be developed to ensure that no single individual can obtain unescorted or unobserved access to MANPADS storage facilities.
  2. Accountability.
    1. Each month, the benefitting country will take a 100% physical inventory of [insert items required to be inventoried], when applicable. A 100% physical inventory by serial number must be taken quarterly of MANPADS issued at the operational unit level. A 100% physical inventory by serial number must be taken semiannually of MANPADS stored or retained at installation, depot, post, or base level. To ensure verification, two people must conduct all inventories. MANPADS expended during peacetime will be accounted for by serial number.
    2. The Security Cooperation Organization (SCO) will be permitted to conduct a U.S. inspection and inventory of MANPADS by serial number annually. As appropriate, MANPADS are required to be inventoried annually by physical count. Inventory and accountability records maintained by the benefitting country will be made available for review.
  3. Transportation. Movements of MANPADS will meet U.S. standards for safeguarding classified material in transit as specified by the U.S. Government in DoD 5100.76-M (current revision), "Physical Security of Sensitive Conventional Arms, Munitions, and Explosives" (standards of which will be provided to the benefitting country), and paragraph 8 below.
  4. Access to Hardware and Classified Information.
    1. Access to hardware and related classified information will be limited to military and civilian personnel of the benefitting country (except for authorized U.S. personnel as specified herein) who have the proper security clearance and who have an established need to know the information in order to perform their duties. Information released will be limited to that necessary to perform assigned responsibility and, where possible, will be oral or visual only.
    2. Maintenance that requires access to the interior of the MANPADS beyond that required of the operator, and maintenance or repair that requires access to the interior of the guidance assembly of MANPADS will be performed under U.S. control.
  5. Compromise, Loss, Theft, and Unauthorized Use. The benefitting country will report through the SCO and country team to the DoS by the most expeditious means any instances of compromise, unauthorized use, loss or theft of any MANPADS or related information. This will be followed by prompt investigation and the results of the investigation will be provided through the same channels.
  6. Third-Party Access. The recipient will agree that no information on MANPADS will be released to a third-country Government, person or other third-country entity without U.S. approval.
  7. Damaged/Expended Materiel. Damaged MANPADS will be returned to the U.S. Army for repair or demilitarization.
  8. Conditions of Shipment and Storage for MANPADS. Principal components (missiles and, as applicable, grip stocks or launchers) of the MANPADS and any other items requiring separate storage will be stored in at least two separate locations and will be shipped [insert how; e.g., in separate containers, separately]. The storage locations will be physically separated sufficiently so that a penetration of the security at one site will not place other sites at risk.
  9. Conditions of Use.
    1. The two principle components of the MANPADS and any other items may be brought together and assembled under the following circumstances:
      1. In the event of hostilities or imminent hostilities.
      2. For firing as part of regularly scheduled training; however, only those rounds to be fired will be withdrawn from storage and assembled.
      3. For lot testing; however, only rounds to be tested will be withdrawn from storage and assembled.
      4. When systems are deployed as part of the point defenses of high priority installations or activities (e.g., key Government buildings, military headquarters, essential utilities, air defense facilities).
    2. The benefitting country will advise the SCO in advance of any assembly of the various missile and any other items for the MANPADS for training or lot testing.
    3. The U.S. Government will be notified of deployments through the SCO."

Man-Portable Air Defense Systems - NATO+3 (BPC LOAs)

Note Usage

FMS: No

BPC: Yes

Mandatory for BPC LOAs, Amendments and Modifications that transfer MANPADS to NATO, NATO Nations, Japan, Australia and New Zealand.

Amendments and Modifications must include the newest version of the note for NATO, NATO Nations, Japan, Australia and New Zealand, if it is not incorporated into the implemented version of the case.

References

See Table C8.T4.

Note Input Responsibility

CWD

Note Text

"The Benefitting Country will provide the Security Cooperation Organization (SCO) and/or other appropriate U.S. Government representatives a written physical security and accountability control plan prior to receipt of the equipment.

Weapons storage facilities must be conducted and certified by MILDEPs in accordance with DoD Manual 5100.76-M, "Physical Security of Sensitive Conventional Arms, Ammunition and Explosives," before EEUM-designated weapons systems are delivered.

The benefitting country agrees to adhere to the following additional security requirements associated with MANPADS. The Office of the Provost Marshal General, Army Physical Security (DAPM-MPD-PS), U.S. Army may approve modification of specified requirements to meet indigenous conditions.

  1. Physical Security. The MANPADS will be stored in magazines that are at least equivalent in strength to U.S. Army requirements as specified in subparagraph (a) below. The benefitting country also agrees to comply with U.S. Army specified requirements for lighting, doors, locks, keys, fencing, and surveillance and guard systems. Specific requirements will be agreed upon and installed prior to delivery of the missile system. U.S. Army representatives will be allowed to verify security measures and procedures established for implementation of these requirements.
    1. Magazines. Reinforced concrete, arch type, earth covered whose construction is at least equivalent in strength to the requirements of Chapter 5, DoD 6055.9-STD, "Ammunition and Explosive Safety Standards," July 1984, will be used for storage (standards of which will be provided to the benefitting country).
    2. Lighting. Lighting will be provided for exterior doors and along perimeter barriers. Security lighting requirements will conform to the ammunition and safety requirements of U.S. Army Technical Manual 9-1300-206, Appendix C (standards of which will be provided to the benefitting country).
    3. Doors, Locks, and Keys. Exterior doors will be class five steel vault doors secured by two key-operated high security padlocks and a high security shrouded hasp. Keys will be secured separately to ensure effective two-man control of access (i.e., two authorized persons must be present to enter). Use of a master or multiple key system is prohibited.
    4. Fencing. Fencing will be six foot (minimum) steel chain link with a one-foot overhang mounted on steel or reinforced concrete posts over firm base. Clear zones will be established 30 feet inside and 12 feet outside the perimeter fence (provided there is adequate space).
    5. Surveillance and Guard. A full-time guard force or combination guard force and intrusion detection system (IDS) will be provided. When the IDS is not operational, 24-hour guard surveillance is required.
    6. Access to Storage Facilities. Two authorized persons will be required to be present during any activity that affords access to storage facilities containing MANPADS. Lock and key procedures will be developed to ensure that no single individual can obtain unescorted or unobserved access to MANPADS storage facilities.
  2. Accountability.
    1. A 100% physical inventory of MANPADS, when applicable, will be taken monthly by the benefitting country. A 100% physical inventory by serial number must be taken quarterly of MANPADS issued at the operational unit level. A 100% physical inventory by serial number must be taken semiannually of MANPADS stored or retained at installation, depot, post, or base level. To ensure verification, two people must conduct all inventories. MANPADS expended during peacetime will be accounted for by serial number.
    2. The Security Cooperation Organization (SCO) will be permitted to conduct a U.S. inspection and inventory of MANPADS by serial number annually. As appropriate, MANPADS are required to be inventoried annually by physical count. Inventory and accountability records maintained by the benefitting country will be made available for review.
  3. Transportation. Movements of MANPADS will meet U.S. standards for safeguarding classified material in transit as specified by the U.S. Government in DoD 5100.76-M (current revision), "Physical Security of Sensitive Conventional Arms, Munitions, and Explosives" (standards of which will be provided to the benefitting country), and paragraph 8 below.
  4. Access to Hardware and Classified Information.
    1. Access to hardware and related classified information will be limited to military and civilian personnel of the purchasing Government (except for authorized U.S. personnel as specified herein) who have the proper security clearance and who have an established need to know the information in order to perform their duties. Information released will be limited to that necessary to perform assigned responsibility and, where possible, will be oral or visual only.
    2. Maintenance that requires access to the interior of the MANPADS beyond that required of the operator, and maintenance or repair that requires access to the interior of the guidance assembly of MANPADS will be performed under U.S. control.
  5. Compromise, Loss, Theft, and Unauthorized Use. The benefitting country will report through the SCO and country team to the DoS by the most expeditious means any instances of compromise, unauthorized use, loss or theft of any missile and any other materiel or related information. This will be followed by prompt investigation and the results of the investigation will be provided through the same channels.
  6. Third-Party Access. The recipient will agree that no information on MANPADS will be released to a third-country Government, person or other third-country entity without U.S. approval.
  7. Damaged/Expended Materiel. Damaged MANPADS will be returned to the U.S. Army for repair or demilitarization.
  8. Conditions of Shipment and Storage for MANPADS. Principal components (missiles and, as applicable, grip stocks or launchers) of the MANPADS and any other items requiring separate storage will be stored in at least two separate locations and will be shipped [insert how; e.g., in separate containers, separately]. The storage locations will be physically separated sufficiently so that a penetration of the security at one site will not place other sites at risk.
  9. Conditions of Use. Assembly of the system will not be permitted for field exercises or deployments wherein the use of the MANPADS is simulated. In such cases, inert training devices may be used. The recipient will use information on the missile only for the purpose for which it was given."

Physical Security and Accountability Plan for Other Defense Articles Designated for Enhanced End Use Monitoring (BPC LOAs)

Note Usage

FMS: No

BPC: Yes

Mandatory for BPC LOAs, Amendments and Modifications that transfer articles other than JAVELIN or MANPADS and require Enhanced End Use Monitoring (EEUM) .

Amendments and Modifications must include the newest version of this note if it is not incorporated into the implemented version of the case.

References

See Table C8.T4.

Note Input Responsibility

CWD

Note Text

"The Benefitting Country will provide the Security Cooperation Organization (SCO) and/or other appropriate U.S. Government representatives a written physical security and accountability control plan prior to receipt of the equipment. The Implementing Agency will confirm the SCO or appropriate U.S. Government representative have the written physical security and accountability control plan prior to delivery of articles, training or any other associated assistance included in this Letter of Offer and Acceptance.

Weapons storage facilities must be conducted and certified by MILDEPs in accordance with DoD Manual 5100.76-M, "Physical Security of Sensitive Conventional Arms, Ammunition and Explosives," before EEUM-designated weapons systems are delivered."