DSCA 24-14 | 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

3/1/2024

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, DEFENSE INFORMATION SYSTEMS AGENCY
DIRECTOR, DEFENSE LOGISTICS AGENCY
DIRECTOR, DEFENSE THREAT REDUCTION AGENCY
DIRECTOR, MISSILE DEFENSE AGENCY
DIRECTOR, NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY
DIRECTOR FOR SECURITY ASSISTANCE, DEFENSE FINANCE AND ACCOUNTING SERVICE - INDIANAPOLIS OPERATIONS
DIRECTOR OF CYBERSECURITY DIRECTORATE AND DEPUTY NATIONAL MANAGER FOR NATIONAL SECURITY SYSTEMS, NATIONAL SECURITY AGENCY

SUBJECT :

Defense Security Cooperation Agency Policy Memorandum 24-14, Releasability and Exportability Activities Clarification [SAMM E-Change 676]

REFERENCE :

Arms Export Control Act (AECA), as amended

Releasability policy decisions, including Technology Security and Foreign Disclosure (TSFD) decisions, are required prior to the transfer of defense articles and defense services to allies and foreign partners. These policy decisions are a U.S. government function and are intended to protect U.S. national security and support U.S. foreign policy objectives. Therefore, deliberation and decision making of releasability policy decisions cannot be funded by either the Foreign Miliary Sales (FMS) case or the FMS administrative surcharge. However, activities necessary to comply with and implement the requirements of a releasability policy decision (e.g., making exportability modifications to a defense article or reviewing an LOA for compliance with a releasability decision) are for the benefit of the foreign partner and thus, must be funded by the FMS case or the FMS administrative surcharge in accordance with section 21 and section 43(b) of reference (a). This policy serves to clarify what activities constitute releasability activities and identify their proper funding source.

The policy in the attachment is incorporated into the DSCA Security Assistance Management Manual (SAMM) at https://samm.dsca.mil.

If you have questions on this guidance, please contact Jennifer Robey, Financial Policy & Regional Execution Directorate, Financial Policy Division (FPRE/FP), (571) 236-0341, jennifer.e.robey.civ@mail.mil.

J. Aaron Harding
Chief Operating Officer and Chief Financial Officer
Defense Security Cooperation Agency

ATTACHMENT :
SAMM E-Change 676 - Releasability and Exportability Clarification

Security Assistance Management Manual E-Change 676
RELEASABILITY AND EXPORTABILITY CLARIFICATION

Delete SAMM Table C9.T2a row CD24

ROW	ACTIVITY	ADMIN*	CASE	NON-STANDARD	FREQUENCY
CD24	Missile Technology Control Regime review of LOA for compliance.	MTCR compliance activities are not funded by FMS Admin or the FMS case. These activities are funded using other IA funds, e.g., O&M, RDT&E, etc.

Update SAMM Table C9.T2a:

From:

L13

Negotiating Special Security Agreements, Project Security Instruction, and Access Management Control Plan.

These specific security activities are not funded by FMS Admin or the FMS case. These activities are funded using O&M.

To:

L13

Negotiating Security Agreements, Project Security Instruction, and Access Management Control Plan.

These specific security activities are not funded by FMS Admin or the FMS case. These activities may be funded using other IA funds, e.g. O&M, RDT&E, etc.

Update SAMM Table C9.T2a. Row CD22

From:

ROW	ACTIVITY	ADMIN*	CASE	NON-STANDARD	FREQUENCY
CD22	Determine releasability and disclosure policy decisions for requested articles and services	Releasability and disclosure activities are not funded by FMS Admin or the FMS case. These activities are funded using other IA funds, e.g., O&M, RDT&E, etc.

To:

ROW	ACTIVITY	ADMIN*
CD22a	Compile requirements and system design/configuration information on the FMS partner's requested defense articles/services.	X
CD22b	Make releasability (Technology Security & Foreign Disclosure (TSFD)) policy decisions pertaining to requested articles and services.	These specific security activities are not funded by FMS Admin or the FMS case. These activities may be funded using other IA funds, e.g. O&M, RDT&E, etc.
CD22c	Review LOA for compliance with releasability, physical security, and exportability requirements (to include potential impacts to cost and schedule) for the requested articles and services.	X

Update SAMM Table C9.T2a:

From:

ROW	ACTIVITY	ADMIN*
CE44	Amending Special Security Agreements.	These specific security activities are not funded by FMS Admin or the FMS case. These activities are funded using O&M.
CE45	Vetting personnel for security clearances to receive unclass/ classified information.
CE46	Technology security and foreign disclosure activities.
CE47	Information assurance accreditation for FMS customer to receive unclass/ classified information.
CE48	Staff Assistance Visits to provide OJT assistance based on US policy.

To:

ROW	ACTIVITY	ADMIN*	CASE
CE44	Amending Special Security Agreements.	These specific security activities are not funded by FMS Admin or the FMS case. These activities are funded using O&M.
CE45	Vetting personnel for security clearances to receive unclass/ classified information.
CE46	Information assurance accreditation for FMS customer to receive unclass/ classified information.
CE47	Designing and building-in exportability into system design, for requested activities and services, in order to comply with releasability requirements in support of the partner.		X
CE48	Staff Assistance Visits to provide OJT assistance based on US policy.	These specific security activities are not funded by FMS Admin or the FMS case. These activities may be funded using other IA funds, e.g. O&M, RDT&E, etc.

Delete SAMM Table C9.T2b row CD10

ROW	ACTIVITY	ORGANIZATION	T10 BPC PROGRAM SUPPORT COSTS	T10 BPC CASE COSTS	PERFORMING ACITVITY T10 COSTS/NON-DSCA ADMINISTERED T10 FUNDS (RDT&E, O&M, etc.)
CD10	Complete Missile Technology Control Regime (MTCR) review to ensure compliance.				X

Update SAMM Table C9.T2b:

From:

ROW	ACTIVITY	ORGANIZATION	T10 BPC PROGRAM SUPPORT COSTS	T10 BPC CASE COSTS	PERFORMING ACITVITY T10 COSTS/NON-DSCA ADMINISTERED T10 FUNDS (RDT&E, O&M, etc.)
CD9	Determine required releasability, disclosure decisions, information assurance, accreditation actions for requested articles and services.	IAs/MILDEPs and Non-Traditional Implementers¹			X

To:

ROW	ACTIVITY	ORGANIZATION	T10 BPC PROGRAM SUPPORT COSTS	PERFORMING ACITVITY T10 COSTS/NON-DSCA ADMINISTERED T10 FUNDS (RDT&E, O&M, etc.)
CD9a	Compile requirements and system design/configuration information on the partner's requested defense articles/services.	IAs/MILDEPs	X
CD9b	Make releasability (Technology Security & Foreign Disclosure (TSFD)) policy decisions pertaining to requested articles and services.	DSCA and organizations as required		X
CD9c	Review LOA for compliance with releasability, physical security, and exportability requirements (to include potential impacts to cost and schedule) for the requested articles and services.	IAs/MILDEPs	X

Update SAMM Table C9.T2b:

From:

ROW	ACTIVITY	ORGANIZATION	T10 BPC PROGRAM SUPPORT COSTS	T10 BPC CASE COSTS	PERFORMING ACITVITY T10 COSTS/NON-DSCA ADMINISTERED T10 FUNDS (RDT&E, O&M, etc.)
CE35	Amend Special Security Agreements.	IAs/MILDEPs and Non-Traditional Implementers¹			X
CE37	Technology Security and Foreign Disclosure (TS&FD) activities.	IAs/MILDEPs and Non-Traditional Implementers¹			X

To:

ROW	ACTIVITY	ORGANIZATION	T10 BPC PROGRAM SUPPORT COSTS	T10 BPC CASE COSTS	PERFORMING ACITVITY T10 COSTS/NON-DSCA ADMINISTERED T10 FUNDS (RDT&E, O&M, etc.)
CE35	Amend Security Agreements.	IAs/MILDEPs and Non-Traditional Implementers¹			X
CE37	Designing and building-in exportability into system design, for requested activities and services, in order to comply with releasability requirements in support of the partner.	IAs/MILDEPs and Non-Traditional Implementers¹		X