Security Assistance Management Manual E-Change #564 
Leahy Prohibition for Foreign Military Financing and Excess Defense Article Letters of Offer and Acceptance

1. Add the following row to Table C4.T3. Reasons for Change of Eligibility Status (not inclusive):

   FAILURE TO COMPLETE WRITTEN AGREEMENT REGARDING PROVISION OF U.S. GRANT ASSISTANCE TO LEAHY PROHIBITED UNITS (effective January 1, 2022)

   In circumstances when the operational partner unit or units that employ such assistance cannot be identified prior to the transfer of assistance, no U.S. government assistance under the Foreign Assistance Act of 1961 or the Arms Export Control Act may be provided unless the recipient government agrees not to provide any such assistance to a unit prohibited from receiving assistance under the Leahy law. Section 7035(b)(7) of Division K of the Consolidated Appropriations Act, 2021 (Public Law 116-260)

2. Revise C5.1.2.1. Guideline #8:

   8

   If possible, identify the intended/anticipated partner operational unit or units for any defense articles and/or services to be purchased: with Foreign Military Financing (FMF) funds, or for any request for grant transfer of Excess Defense Articles, recognizing such operational unit designations may change as the case is implemented and equipment is delivered to the host nation. To facilitate Leahy vetting, if possible, the SCO will update the recipient unit designation at the time of LOA signature, by alerting the IA, which will input updated information into DSAMS. The recipient unit(s) are the security force unit, or units intended to use or employ such assistance. Unit identification at the national- or service-level is not a permissible entry. ***For new FMF or EDA cases implemented or amended after December 31, 2021, the United States government must conclude a written agreement with the foreign partner in which the partner government agrees that it will not provide such assistance to a partner security force unit identified by the Department of State as prohibited from receiving assistance under the Leahy law if assistance is provided to the partner in a manner in which the recipient unit or units cannot be identified prior to transfer ***

3. Insert in to the Glossary the following terms:

   Term	Definition	Link
   Leahy Law	Term refers to either a statutory restriction imposed by Title 10 U.S.C. § 362 (DoD Leahy Law) or Section 620M of the Foreign Assistance Act of 1961 (DOS Leahy Law) that prohibits assistance to a foreign security force unit if there is credible information that unit has committed a gross violation of human rights. Both the DOS and DoD Leahy laws allow for the remediation of tainted units.	10 U.S.C. § 362
   Leahy Vetting	The U.S. government process to assess whether there is credible information that a specific individual or a specific security force unit has committed a gross violation of human rights.

4. Add the following LOA Note to Appendix 6:

   Leahy Prohibition for Foreign Military Financing and Excess Defense Article Cases

   Note Usage
   FMS : Yes BPC : No Mandatory for all new FMF or EDA cases implemented after December 31, 2021. Add note to Amendments when the Basic FMF or EDA case was implemented after December 31, 2021, unless the note is on the current implemented version. Add note to Amendments implemented after December 31, 2021 that add EDA lines or FMF Terms of Sale to any Basic case, unless the note is on the current implemented version.
   References
   See SAMM Table C4.T3.
   Note Input Responsibility
   CWD
   Note Text
   "The Benefitting Country agrees that, unless the consent of the Government of the United States of America has first been obtained, the Benefitting County shall not provide any assistance furnished by the United States of America furnished under this LOA to any security force unit of the Benefitting Country that the Government of the United States of America has identified to the Benefitting Country via diplomatic channels as prohibited from receiving such assistance under Section 620M of the Foreign Assistance Act of 1961, also known as the Leahy law."