DSCA 20-40 | Defense Security Cooperation Agency

Incorporated

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

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

11/12/2020

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 LOGISTICS AGENCY DISPOSITION SERVICES
DIRECTOR, DEFENSE THREAT REDUCTION AGENCY
DIRECTOR, MISSILE DEFENSE AGENCY
DIRECTOR, NATIONAL GEOSPATIAL - INTELLIGENCE AGENCY
DEPUTY DIRECTOR FOR INFORMATION ASSURANCE, NATIONAL SECURITY AGENCY

SUBJECT :

Mandatory Note Regarding Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) information, DSCA Policy 20-40 [SAMM E-Change 489]

REFERENCE :

Foreign Military Sales (FMS) Advisory for European Union (EU) Regulation (EC) No. 1907/2006, as amended, on Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), DSCA Policy 15-19

This memorandum establishes a mandatory note required for all Foreign Military Sales (FMS) Letters of Offer and Acceptance (LOAs) requesting REACH information for the EU. This mandatory note is consistent with DSCA Policy 15-19. Effectively immediately, the DSCA Case Writing Division will add the attached note to all FMS LOAs requesting REACH information.

This note applies to Basic LOAs and Amendments where the Letter of Request (LOR) requests REACH information. For Modifications, the note should be applied if not previously stated on the LOA for which the purchaser has requested REACH information. No changes are required in cases where the REACH note statement is embedded within an existing line of the LOA.

This note will be included in Appendix 6 of the online version of the SAMM found on the DSCA Web Page as SAMM E-Change 489. For general questions about this note and the SAMM, please contact Ms. Michelle Davis, DSCA/SPP/SPI, at 703-697-9052 or e-mail: michelle.davis13.civ@mail.mil.

Alan Gorowitz
Principal Director
Strategy, Plans, and Programming

ATTACHMENT :
As stated

CC :

AFRICOM
CENTCOM
EUCOM
NORTHCOM
SOUTHCOM
INDOPACOM
TRANSCOM
SOCOM
STATE/PM-RSAT
USASAC
SATFA
USACE
NAVSUP WSS
NETSAFA
TRADOC SATFA
AFSAC
AFSAT
DISCS
MARCOR IP
SCETC
USCG International Affairs (G-CI)

Security Assistance Management Manual (SAMM), E-Change 489
REACH Note

In Appendix 6, add the following note:

Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

Note Usage
FMS: Yes BPC: No Mandatory for all EU FMS LOAs that request REACH information. Mandatory for all Amendments and Modifications if not previously included on the case.
References
DSCA 15-19
Note Input Responsibility
CWD
Note Text
"The USG does not certify that any item on this LOA is compliant with Regulation EC/1907/2006, as amended, on the Registration, Evaluation, Authorization, and Restriction of Chemicals ("REACH"), nor does any information developed or provided by the United States under this LOA absolve the freight forwarder or manufacturer or other relevant party of their obligations under REACH."