Incorporated

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

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

3/26/2024 

 

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, SECURITY COOPERATION ACCOUNTING DIRECTORATE, 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 24-17, Administrative and Clarification Changes [SAMM E-Change 643]

This memorandum updates the Security Assistance Management Manual (SAMM) with clerical, administrative, and clarification changes. This memorandum does not contain contextual policy changes. The policy in the attachment is incorporated into the DSCA SAMM at https://samm.dsca.mil.

If you have any questions concerning this guidance, please contact Mr. Jason Evans, DSCA (Office of Strategy, Plans, and Policy, Execution Policy and Analysis Directorate (SPP/EPA)), jason.l.evans8.civ@mail.mil, (703) 697-2661.

David Ferrari 
Assistant Director 
Strategy, Plans, and Policy

ATTACHMENT : 
SAMM E-Change - 643 - SAMM Administrative and Clarification Changes

Attachment: Security Assistance Management Manual E-Change 643 
Administrative and Clarification Changes Memo

  1. As U.S. Military bases change names, the SAMM will be updated accordingly.
  2. DSCA/SPP/EPA is working with the various subject matter experts and DSCA Office of General Council to update/validate U.S.C., P.L., and other references cited in the SAMM for accuracy. Corrections to these citations will be treated as spot changes as needed.
  3. The SAMM has been updated to use the term "end use" consistently instead of "end-use."
  4. Delete C2.1.7.2.4. from the SAMM as the Handbook referenced is no longer published.

    C2.1.7.2.4. SCOs with IAC responsibilities should maintain and review the USD (A&S) International Armaments Cooperation Handbook. Chapter 10, Section 10.4 of the handbook addresses the role of the SCO in IAC.

  5. Update Chapter 3 sections to correct references and clarify reference information per below:

    Current Wording:

    C3.3.3.4.2. United States Customs Clearance Requirements for Purchaser-Sponsored Shipments. The purchaser or its designated FMS freight forwarder must obtain customs clearances for FMS materiel exported from the United States. The purchaser's representative or freight forwarder prepares EEI using AES. EEIs must be filed with and authenticated by U.S. CBP at the primary port of exit. Laws and regulations concerning export declarations are found on the DDTC web page, AES Direct web site, and in 22 CFR 123.9, 22 CFR 123.22, 22 CFR 123.25, and 22 CFR 126.6. All exports of FMS materiel from the United States must be reported to the U.S. DOC, as required by current Federal statutes or regulations.

    C3.3.4.3. Temporary Import of Offshore Procurements. Materiel procured outside of the United States under USG and DoD procurement actions for the FMS program must be imported and exported under a DSP-61 if it passes through the United States en route to the purchasing country unless an exception under 22 CFR 123.4 applies. (There are additional exceptions for Canada and Mexico under 22 CFR 123.19 and 22 CFR 126.5.) The DSP-61, filed by the purchaser or its agent, is required whether the materiel is imported or exported intact, or is incorporated into another defense article that is subsequently exported to the purchasing country.

    C3.3.4.4. Temporary Import of Defense Articles for Repair. Articles temporarily imported into the United States for overhaul, repair, modification, calibration, etc., are subject to the DDTC license approval requirements listed in 22 CFR 123.1 unless the temporary import and subsequent re-export qualifies for an exemption pursuant to 22 CFR 123.4. When it is anticipated that FMS-origin unclassified articles will be returned to the United States for overhaul, repair, calibration, or modification, the import requirements should be included in the LOA for the original sale. For classified FMS-origin materiel the requirements should be included in the Transportation Plan, the LOA, or both. The FMS purchaser or its agent is responsible for filing documentation with the U.S. CBP upon entry of the FMS-origin materiel into the United States (on temporary import basis) for Repair and Return. The entry documentation must contain the statement:

    "This shipment is being imported in accordance with and under the authority of 22 CFR 123.4.(a)(subsection____)"

    A complete list and description of the defense articles being imported must be included. The description includes quantity and value in U.S. dollars. When the materiel is subsequently re-exported, the purchaser or its agent must submit EEI, using AES Direct, to CBP that identifies 22 CFR 123.4 as the authority for the export and provide, as requested by CBP, the entry document number or a copy of the CBP document under which the FMS-origin defense article was imported on a temporary basis for Repair and Return. This requirement applies to both FMS customer-arranged shipments and shipments made through the DTS. IAs preparing FMS LOAs for Repair and Return programs should include a LOA note indicating the requirement for the foreign country to report imports and exports made under the LOA to CBP. See Appendix 6 on LOA Notes.

    C3.3.5. Permanent Imports. The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE), regulates the permanent import of defense articles, as listed in the United States Munitions Import List (USMIL) (27 CFR 447), (based on the USML), pursuant to the Arms Export Control Act (AECA) and implementing federal regulations. Permanent imports of defense articles into the United States require an approved BATFE Form 6 in accordance with 27 CFR Part 447. See https://www.atf.gov for more information.

    C3.4.1. Many disclosures of classified information occur as a result of visual demonstrations or verbal exchanges during meetings or visits. DoD Directive (DoDD) 5230.20 contains standard procedures governing visits, assignments, and exchanges of foreign nationals to the DoD and to DoD contractor facilities over which the DoD Components have security responsibility. Approval of a classified visit by a Designated Disclosure Authority (DDA) is a disclosure decision and constitutes an exemption to the licensing requirements of the International Traffic in Arms Regulations (ITAR) if the visit request or the response to the request fully documents the information to be "exported" (22 CFR 125.5 of the ITAR). With few exceptions, visits and assignments requiring access to classified material are processed through the DoD Foreign Visit System (FVS) of the DoD Security Policy Automation Network (SPAN). One exception is for visits by students under Security Assistance-sponsored training programs where the DD Form 2285, "Invitational Travel Orders (ITO)" provides the necessary security information. Visits are categorized as one-time, recurring, or extended.

    C3.5.1.2. Under FOIA Exemption 4 (5 U.S.C. 552(b)(4)), commercial or financial information provided to the USG in confidence by a person (including an agency of a foreign government or a domestic or foreign business) may be exempt from disclosure to the public, if it is the type of information that is not released by the submitter; if disclosure is likely to cause substantial competitive harm to the submitter; if disclosure is likely to impair the ability of the USG to obtain necessary commercial or financial information in the future; or if disclosure will harm other legitimate USG interests. This exemption is intended to protect both the interests of commercial entities that submit proprietary information to the government and the interests of the government in receiving continued access to such data. Such information is to be marked "Controlled Unclassified Information (CUI)" in compliance with DoD Instruction (DoDI) 5200.48. If the DoD Component determines that it may be required to disclose commercial information obtained from a person, corporation, or foreign government, it should notify the submitter of the information in accordance with DoDM 5400.07, and Executive Order (EO) 12600.

    C3.5.4.2. Release of Technical Data. Releasability of technical data is considered in the same manner as other potentially sensitive parts of the program. In accordance with 22 CFR 124.2, the release of technical data is limited to the provision of training in basic operations and maintenance of defense articles lawfully exported. This specifically excludes the release of technical data for training in support of intermediate and depot level maintenance. Release in support of intermediate and depot level maintenance must be reviewed to ensure that the Technical Data Package (TDP) does not contain information that can be used for design, development, or production of an item. CUI may be exempt from public disclosure under the Freedom of Information Act (5 U.S.C. 552) and must be reviewed in foreign disclosure channels before release to foreign Governments or international organizations.

    Revised Wording:

    C3.3.3.4.2. United States Customs Clearance Requirements for Purchaser-Sponsored Shipments. The purchaser or its designated FMS freight forwarder must obtain customs clearances for FMS materiel exported from the United States. The purchaser's representative or freight forwarder prepares EEI using AES. EEIs must be filed with and authenticated by U.S. CBP at the primary port of exit. Laws and regulations concerning customs-related requirements for legally exporting USML items, including certain services and technical information are found on the found on the DDTC web page, AES Direct web site, and in 22 CFR 123.9, 22 CFR 123.22 , 22 CFR 123.25, and 22 CFR 126.6. All exports of FMS materiel from the United States must be reported to the U.S. DOC, as required by current Federal statutes or regulations.

    C3.3.4.3. Temporary Import of Offshore Procurements. Materiel procured outside of the United States under USG and DoD procurement actions for the FMS program must be imported and exported under a DSP-61 if it passes through the United States en route to the purchasing country unless an exception under 22 CFR 123.4 applies (22 CFR 123.4 exceptions do not apply to defense articles imported or exported from Canada that transit the United States). There are additional exceptions for Canada and Mexico under 22 CFR 123.19 and 22 CFR 126.5. The DSP-61, filed by the purchaser or its agent, is required whether the materiel is imported or exported intact, or is incorporated into another defense article that is subsequently exported to the purchasing country.

    C3.3.4.4. Temporary Import of Defense Articles for Repair. Articles temporarily imported into the United States for overhaul, repair, modification, calibration, etc., are subject to the DDTC license approval requirements listed in 22 CFR 123.1 unless the temporary import and subsequent re-export qualifies for an exemption located in 22 CFR 120 to 130, such as in 22 CFR 123.4, 22 CFR 123.19, 22 CFR 126.5 or 22 CFR 126.6. pursuant to 22 CFR 123.4. When it is anticipated that FMS-origin unclassified articles will be returned to the United States for overhaul, repair, calibration, or modification, the import requirements should be included in the LOA for the original sale. For classified FMS-origin materiel the requirements should be included in the Transportation Plan, the LOA, or both. The FMS purchaser or its agent is responsible for filing documentation with the U.S. CBP upon entry of the FMS-origin materiel into the United States (on temporary import basis) for Repair and Return. The entry documentation must contain the statement:

    "This shipment is being imported in accordance with and under the authority of 22 CFR 123.4.(a)(subsection____)"

    C3.3.4.4.1. A complete list and description of the defense articles being imported must be included. The description includes quantity and value in U.S. dollars. When the materiel is subsequently re-exported, the purchaser or its agent must submit EEI, using AES Direct, to CBP that identifies 22 CFR 123.4 as the authority for the export and provide, as requested by CBP, the entry document number or a copy of the CBP document under which the FMS-origin defense article was imported on a temporary basis for Repair and Return. This requirement applies to both FMS customer-arranged shipments and shipments made through the DTS. IAs preparing FMS LOAs for Repair and Return programs should include a LOA note indicating the requirement for the foreign country to report imports and exports made under the LOA to CBP. See Appendix 6 on LOA Notes.

    C3.3.5. Permanent Imports. The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE), regulates the permanent import of defense articles, as listed in the United States Munitions Import List (USMIL) (27 CFR 447), (based on the USML), pursuant to the Arms Export Control Act (AECA) and implementing federal regulations. Permanent imports of defense articles into the United States require a permit through an approved BATFE Form 6 in accordance with 27 CFR Part 447 , unless the import does not need a permit based on 27 CFR Part 447.41(c). See https://www.atf.gov for more information.

    C3.4.1. Many disclosures of classified information occur as a result of visual demonstrations or verbal exchanges during meetings or visits. DoD Directive (DoDD) 5230.20 contains standard procedures governing visits, assignments, and exchanges of foreign nationals to the DoD and to DoD contractor facilities over which the DoD Components have security responsibility. Approval of a classified visit by a Designated Disclosure Authority (DDA) is a disclosure decision and constitutes an exemption to the licensing requirements of the International Traffic in Arms Regulations (ITAR) if the visit meets certain requirements listed in 22 CFR 125.5. With few exceptions, visits and assignments requiring access to classified material are processed through the DoD Foreign Visit System (FVS) of the DoD Security Policy Automation Network (SPAN). One exception is for visits by students under Security Assistance-sponsored training programs where the DD Form 2285, "Invitational Travel Orders (ITO)" provides the necessary security information. Visits are categorized as one-time, recurring, or extended.

    C3.5.1.2. Under FOIA Exemption 4 (5 U.S.C. 552(b)(4)), commercial or financial information provided to the USG in confidence by a person (including an agency of a foreign government or a domestic or foreign business) may be exempt from disclosure to the public, if the information obtained from a party is protected from disclosure by certain legal privileges or is "confidential" (i.e., the party normally treated the information as private and reasonably was assured that the government would not publicly disclose the information). This exemption is intended to protect both the interests of commercial entities that submit proprietary information to the government and the interests of the government in receiving continued access to such data. Such information is to be marked "Controlled Unclassified Information (CUI)" in compliance with DoD Instruction (DoDI) 5200.48. If the DoD Component determines that it may be required to disclose commercial information obtained from a person, corporation, or foreign government, it should notify the submitter of the information in accordance with DoDM 5400.07, and Executive Order (EO) 12600.

    C3.5.4.2. Release of Technical Data. Releasability of technical data is considered in the same manner as other potentially sensitive parts of the program. In accordance with 22 CFR 124.2, the release of ITAR controlled technical data is without the need of a "Technical Assistance Agreement" to be approved by Department of State Directorate of Defense Trade Controls (DDTC) limited to the provision of training in basic operations and maintenance of defense articles lawfully exported. This specifically excludes the release of technical data for training in support of intermediate and depot level maintenance. Release in support of intermediate and depot level maintenance must be reviewed to ensure that the Technical Data Package (TDP) does not contain information that can be used for design, development, or production of an item. CUI may be exempt from public disclosure under the Freedom of Information Act (5 U.S.C. 552) and must be reviewed in foreign disclosure channels before release to foreign Governments or international organizations.

  6. Update Chapter 4 to clarify points of contact:

    Current Wording:

    C4.4.18.2. Within 14 calendar days of receipt of an actionable LOR for LOA, or P&A that includes in-scope munitions, delivery systems, and/or components, the lead IA shall enter LOR Advisory data into the DSCA (IOPS/WPN) Targeting Infrastructure Management Portal (not publicly available) or submit the LOR Advisory to DSCA (IOPS/WPN) via Non-classified Internet Protocol Router Network (NIPRnet) email dsca.ncr.str.list.str-wpn-all-members@mail.mil. The information required for an LOR Advisory is detailed in Figure C5.F1b. An IA Advisory is not required for types/families of munitions/fuzes that have already been reviewed and approved during previous LOR advisories. Collateral Damage Estimation (CDE) and weaponeering requirements vary by munition, so partner requests must go through this process for each munition/fuze type or family not previously approved.

    C4.5.3. Anti-Personnel Landmines. All Security Cooperation Organization (SCO) and other DoD personnel to include Military Departments (MILDEPs) must get specific approval from DSCA (Office of Strategy, Plans, and Policy (SPP)) prior to any discussions on landmines with any potential purchaser.

    Revised Wording:

    C4.4.18.2. Within 14 calendar days of receipt of an actionable LOR for LOA, or P&A that includes in-scope munitions, delivery systems, and/or components, the lead IA shall enter LOR Advisory data into the DSCA (IOPS/WPN) Targeting Infrastructure Management Portal (not publicly available) or submit the LOR Advisory to DSCA (IOPS/WPN) via Non-classified Internet Protocol Router Network (NIPRnet) email dsca.ncr.iops.list.wpns-civ-mil@mail.mil. The information required for an LOR Advisory is detailed in Figure C5.F1b. An IA Advisory is not required for types/families of munitions/fuzes that have already been reviewed and approved during previous LOR advisories. Collateral Damage Estimation (CDE) and weaponeering requirements vary by munition, so partner requests must go through this process for each munition/fuze type or family not previously approved.

    C4.5.3. Anti-Personnel Landmines. All Security Cooperation Organization (SCO) and other DoD personnel to include Military Departments (MILDEPs) must get specific approval from DSCA (Office of International Operations, Weapons Directorate (IOPS/WPN)) prior to any discussions on landmines with any potential purchaser.

  7. Update C5.1.3.4.2., C5.1.3.4.3., C5.1.3.4.4., and add C5.1.3.4.5. to clarify Special Operations Command roles, responsibilities, and authorities:

    Current Wording:

    C5.1.3.4.2. USSOCOM J5 is the proponent for all security cooperation (SC) matters related to SO-P and/or service common capabilities with Special Operations Force interest. As the materiel developer and proponent for its unique platforms, systems, and/or sub-systems, USSOCOM J5 is responsible for the initiation of all technology security and foreign disclosure actions related to the potential export. The IAs are responsible for providing official responses to LORs or Requests for Information (RFIs) for SO-P defense articles, services and/or training. The IA will coordinate with USSOCOM J5 when developing an LOA to define requirements, to confirm releasability, and to gain approval for the release of P&A of SO-P defense articles, services, and/or training. Close coordination between the IAs and USSOCOM on partners' requests for SO-P defense articles, training and/or services is essential.

    C5.1.3.4.3. If USSOCOM receives an LOR from a source other than the DSCA (IOPS/WPN) and determines that it includes SO-P defense articles, services and/or training, it must furnish a copy to the DSCA (IOPS/WPN) as quickly as possible, but no later than seven days from receipt of the LOR. DSCA will process the LOR internally and assign it to the appropriate IA for action.

    C5.1.3.4.4. USSOCOM must notify DSCA (IOPS/WPN) when contacted directly by partner nation governments or U.S. defense industry requesting information for SO-P defense articles, services, and/or training for transfers via FMS. This notification requirement is intended to ensure that DSCA is aware of any pre-LOR activities that might result in an LOA, so as not to delay coordination with the appropriate IA and to manage the expectations of partner nations regarding the status of their request. All pre-LOR discussions and RFI must be pre-coordinated with the applicable SCO, DSCA, and IAs, as applicable.

    Revised Wording:

    C5.1.3.4.2. USSOCOM J37 is the overall proponent for all security cooperation (SC) within USSOCOM. USSOCOM Special Operations Force (SOF) Acquisition, Technology and Logistics International Operations (SOF AT&L-IO) is the proponent for matters related to the intended sale of all SO-P equipment and/or service common capabilities with SOF interest. The IAs are responsible for providing official responses to LORs or Requests for Information (RFIs) for SO-P defense articles, services, and/or training. The IAs will coordinate with USSOCOM SOF AT&L-IO when developing an LOA to define SO-P managed requirements. Close coordination between the SCOs, Geographical CCMD J5 staff sections, IAs and USSOCOM on partners' official LORs for SO-P defense articles, training and/or services is essential.

    C5.1.3.4.3. As the materiel developer and proponent for SO-P platforms, systems, and/or sub-systems, SOF AT&L-IO is responsible for the initiation of all technology security and foreign disclosure actions related to the potential export. IAs will coordinate through SOF AT&L-IO to confirm releasability, and to gain approval for the release of P&A of SO-P defense articles, services and/or training.

    C5.1.3.4.4. If USSOCOM receives an LOR from a source other than the DSCA (IOPS/WPN) and determines that it includes SO-P defense articles, services and/or training, it must furnish a copy to the DSCA (IOPS/WPN) as quickly as possible, but no later than seven days from receipt of the LOR. DSCA will process the LOR internally and assign it to the appropriate IA for action.

    C5.1.3.4.5. USSOCOM J37, in coordination with SOF AT&L-IO, must notify DSCA (IOPS/WPN) when contacted directly by partner nation governments or U.S. defense industry requesting information for SO-P defense articles, services, and/or training for transfers via FMS. This notification requirement is intended to ensure that DSCA is aware of any pre-LOR activities that might result in an LOA, so as not to delay coordination with the appropriate IA and to manage the expectations of partner nations regarding the status of their request. All pre-LOR discussions and RFI must be pre-coordinated with the applicable SCO, DSCA, and IAs, as applicable.

  8. Update C5.6.1.7.2., C5.F15., C5.F16., and C5.17. for consistency per below:

    Current Wording:

    C5.6.1.7.2. Figure C5.F15., Figure for Lead Nation Note Standard Terms and Conditions for Transferees, Figure C5.F16. and Figure C5.F17. should be submitted with the case through the Case Tracking System (CTS) and maintained with case files.

    C5.F15. - Standard Note in a Lead Nation Case

    Document Subject - Standard Note in a Lead Nation Case Providing Assurances with Respect to Subsequent Retransfers among the Partners

    C5.F16. - Basic Retransfer Assurances for Lead Nation

    Document Subject - BLANKET THIRD-PARTY TRANSFER ASSURANCES Specific to FMS Case XX-X-XXX

    C5.F17. - Basic Retransfer Assurances of Participating Nations

    Document Subject - Letter of Offer and Acceptance (LOA) Standard Terms and Conditions for Participating Nations as Transferees under Lead Nation Procurement

    Revised Wording:

    C5.6.1.7.2. Figure C5.F15., Figure for Lead Nation Note Standard Terms and Conditions for Transferees, Figure C5.F16. and Figure C5.F17. should be submitted with the case through the Case Tracking System (CTS) and maintained with case files.

    C5.F15. - Standard Note in a Lead Nation Case

    Document Subject - Standard Note in a Lead Nation Case Providing Assurances with Respect to Subsequent Retransfers among the Partners

    C5.F16. - Basic Retransfer Assurances for Lead Nation

    Document Subject - Basic Retransfer Assurances for Lead Nation

    C5.F17. - Basic Retransfer Assurances of Participating Nations

    Document Subject - Basic Retransfer Assurances and Letter of Offer and Acceptance (LOA) Standard Terms and Conditions for Participating Nations as Transferees under Lead Nation Procurement

  9. Update C5.T2.a. per below:

    Delete the MESSAGE: entry for Army - Training and Doctrine Command (TRADOC)/Security Assistance Training Field Activity (SATFA).

    Update the Air Force entry per below:

    Current Wording:

    Air Force Security Assistance Training Squadron/Training Division (AFSAT/TO)

    Action purposes for LORs with formal training for AFSAT/TO

    MAIL:

    AFSAT/TO

    100 H Street East, Ste 5

    JBSA-Randolph AFB, TX 78150-4349

    E-MAIL:

    afsat.lor.workflow@us.af.mil

    Revised Wording:

    Air Force Security Assistance Training Squadron/LOA Office (AFSAT/LOA)

    Action purposes for LORs with formal training for AFSAT/LOA

    MAIL:

    Air Force Security Assistance Training Squadron (AFSAT)

    Attn: AFSAT/LOA

    10583 H Street West

    JBSA Randolph AFB, TX 78150-4418

    E-MAIL:

    afsat.lor.workflow@us.af.mil

  10. Update the C9.F4. concurrence section per below:

    Current Wording:

    Concurrence:

    _________________________

    Department of the Treasury

    _________________________

    Department of State

    Revised Wording:

    Concurrence:

    _________________________

    Department of the Treasury

    _________________________

    Department of Commerce

  11. Update C10.5.4. to update the U.S. Marine Corps participant in Security Cooperation Education and Training Working Groups per below:

    Current Wording:

    C10.5.4. Security Cooperation Education and Training Working Group Preparation. Prior to the SCETWG, SCOs and MILDEPs must validate the remaining training for the current fiscal year, as well working together to create training plans for the budget year and the planning year. The use of the SCETWG Checklist, (See Figure C10.F2.), is encouraged, as well as monitoring the IMET Summary Report in SC-TMS to provide a current picture of IMET training. SCO training requests are programmed into the Defense Security Assistance Management System - Training Module (DSAMS-TM) by the Security Assistance Training Field Activity (SATFA), the Naval Education and Training Security Assistance Field Activity (NETSAFA), the Air Force Security Assistance Training Squadron (AFSAT), the Marine Corps Security Cooperation Group (MCSCG), and the U.S. Coast Guard, Directorate of International Affairs and Foreign Policy (CG-DCO-I), as appropriate.

    Revised Wording:

    C10.5.4. Security Cooperation Education and Training Working Group Preparation. Prior to the SCETWG, SCOs and MILDEPs must validate the remaining training for the current fiscal year, as well working together to create training plans for the budget year and the planning year. The use of the SCETWG Checklist, (See Figure C10.F2.), is encouraged, as well as monitoring the IMET Summary Report in SC-TMS to provide a current picture of IMET training. SCO training requests are programmed into the Defense Security Assistance Management System - Training Module (DSAMS-TM) by the Security Assistance Training Field Activity (SATFA), the Naval Education and Training Security Assistance Field Activity (NETSAFA), the Air Force Security Assistance Training Squadron (AFSAT), the U.S. Marine Corps Training and Education Command (TECOM) - Security Assistance Branch, and the U.S. Coast Guard, Directorate of International Affairs and Foreign Policy (CG-DCO-I), as appropriate.

  12. Update of C10.17.3. to remove an expired authority:

    Current Wording:

    C10.17.3. Bilateral or Regional Cooperation Programs. Under 10 U.S.C. 312, the Secretary of Defense may pay travel, subsistence, and similar personal expenses of defense personnel of developing countries in connection with attendance at bilateral or regional conferences, seminars or similar meetings if the Secretary of Defense deems attendance in the U.S. national security interest. See 10 U.S.C. 1050 for payment of personnel expenses in connection with Latin American cooperation. Questions on this subject should be directed to the Combatant Command (CCMD).

    Revised Wording:

    C10.17.3. Bilateral or Regional Cooperation Programs. Under 10 U.S.C. 312, the Secretary of Defense may pay travel, subsistence, and similar personal expenses of defense personnel of developing countries in connection with attendance at bilateral or regional conferences, seminars or similar meetings if the Secretary of Defense deems attendance in the U.S. national security interest. See 10 U.S.C. 1050 for payment of personnel expenses in connection with Latin American cooperation. Questions on this subject should be directed to the Combatant Command (CCMD).

  13. Update "Table C10.T3. Security Cooperation Education and Training Working Group Attendance" entry b to conform with currently used terminology:

    Current Wording:

    Step

    Description

    b

    LES or Foreign Service National (FSN) attendance is authorized and encouraged, in addition to the SCO, when the CCMD determines that attendance is critical to the presentation and review of the programs. Attendance by the LES/FSN in lieu of the SCO requires CCMD approval.

    Revised Wording:

    Step

    Description

    b

    LES or Foreign Service National (FSN) attendance is authorized and encouraged, in addition to the SCO, when the CCMD determines that attendance is critical to the presentation and review of the programs. Attendance by the LES/FSN in lieu of the SCO requires CCMD approval.

  14. Update "Table C10.T4. Exempt Short Duration Courses" to add the following entry:

    Courses/Schools

    Implementing Agency

    IMS Alumni Engagement-specific Events/Courses

    All MILDEPs

  15. Update C12.1.2.2. to clarify personnel restrictions per below:

    Current Wording:

    C12.1.2.2. Humanitarian Mine Action Program. The DoD HMA Program provides assistance to PN civilian populations plagued by landmines, explosive remnants of war (ERW), and the hazardous effects of UXO by developing indigenous PN capacity for humanitarian demining, land-based and underwater explosive ordnance disposal, and physical security and stockpile Management (PSSM) of conventional munitions. It is each PN's responsibility to accomplish necessary demining, dispose of ERW, and safely conduct munitions storage operations. Like other OHDACA-funded authorities, the HMA program is a military-civilian authority, even though HMA efforts typically involve engagement with a PN military or security force. Humanitarian demining assistance is defined in legislation as training and support in the detection and clearance of landmines, UXO, and other ERW. Stockpiled conventional munitions assistance is defined as training and support in the disposal, demilitarization, physical security, and stockpile management of potentially dangerous stockpiles of explosive ordnance, small arms, and light weapons, including man-portable air-defense systems. DoD conducts HMA engagements in the PN being assisted, and all DoD civilian personnel are prohibited from engaging in the physical detection, lifting, or destroying of landmines, UXOs, or other ERW while providing humanitarian demining assistance. DoD personnel may contact, move, or conduct limited stockpile destruction of explosives/munitions acquired for use only as necessary to provide stockpile management training for PN personnel or to enable the PN to meet safe, efficient, and effective stockpile management.

    Revised Wording:

    C12.1.2.2. Humanitarian Mine Action Program. The DoD HMA Program provides assistance to PN civilian populations plagued by landmines, explosive remnants of war (ERW), and the hazardous effects of UXO by developing indigenous PN capacity for humanitarian demining, land-based and underwater explosive ordnance disposal, and physical security and stockpile Management (PSSM) of conventional munitions. It is each PN's responsibility to accomplish necessary demining, dispose of ERW, and safely conduct munitions storage operations. Like other OHDACA-funded authorities, the HMA program is a military-civilian authority, even though HMA efforts typically involve engagement with a PN military or security force. Humanitarian demining assistance is defined in legislation as training and support in the detection and clearance of landmines, UXO, and other ERW. Stockpiled conventional munitions assistance is defined as training and support in the disposal, demilitarization, physical security, and stockpile management of potentially dangerous stockpiles of explosive ordnance, small arms, and light weapons, including man-portable air-defense systems. DoD conducts HMA engagements in the PN being assisted, and all DoD civilian personnel are prohibited from engaging in the physical detection, lifting, or destroying of landmines, UXOs, or other ERW while providing humanitarian demining assistance. DoD personnel may contact, move, or conduct limited stockpile destruction of explosives/munitions acquired for use only as necessary to provide stockpile management training for PN personnel or to enable the PN to meet safe, efficient, and effective stockpile management.

  16. Update "Table C12.T3. General Guidance for Overseas Humanitarian, Disaster, and Civic Aid-Funded Activities" to add verbiage for DoD civilian personnel per below:

    Current Wording:

    Legal Requirements:

    • OHDACA funds may not be expended as a grant. (Section C12.1.2.)
    • OHDACA expenditures must serve a humanitarian purpose. (Section C12.3.4.1.)
    • OHDACA expenditures must primarily benefit civilian populations. (Section C12.3.4.1.)
    • OHDACA funds may not be used to augment the funding of other USG programs. (Section C12.3.4.8.)
    • DoD personnel performing demining, Explosive Remnants of War (ERW), casualty care training, or physical security and stockpile management (PSSM) assistance involving captured enemy ammunition (CEA) or ERW awaiting destruction may not physically contact, move, or destroy the explosive hazards. (Section C12.3.9.3.4.)
    • The President may direct the SECDEF to provide disaster assistance to respond to manmade or natural disasters when necessary to prevent loss of lives or serious harm to the environment. By Executive Order (EO), the SECDEF provides disaster assistance (a) at the direction of the President; or (b) with the concurrence of the Secretary of State; or (c) in emergency situations in order to save human lives. (Section C12.1.2.5)

    Policy Requirements:

    • OHDACA-funded activities are designed to relieve or reduce endemic conditions such as human suffering, disease, hunger, and privation, particularly in regions where humanitarian needs may pose major challenges to stability, prosperity, and respect for universal human values. (Section C12.1.1.)
    • OHDACA-funded activities may support disaster risk reduction, mitigation, and preparedness; health-related projects and activities that promote sustainable public health capacity-building; primary public education systems and services for school aged children; civic infrastructure repair and construction for humanitarian purposes; and humanitarian mine action and assistance. (Section C12.2.2.)
    • OHDACA-funded activities shall not benefit foreign security forces unless the ultimate beneficiary of the activity is the civilian populace and the security force has an official role in providing humanitarian services directly to the public. (Section 12.3.4.6)
    • OHDACA-funded activities may not duplicate or replace the efforts of other USG agencies. (Section C12.3.1.)
    • OHDACA-funded activities are approved based on an equitable assessment of humanitarian needs and not ethnic, racial, gender, or religious considerations. (Section C12.3.4.3.)
    • PN government facilities that receive OHDACA-funded renovation or construction support must be located entirely on government-owned land. (Section C12.3.5.1.)
    • OHDACA-funded activities should be consistent with the relevant U.S. Embassy's Integrated Country Strategies (ICSs) and Mission Strategic Resource Plan (MSRP). (Section C12.4.2.4.4.)
    • OHDACA funds will not be used to support a Humanitarian and Civic Assistance (HCA) effort. (Section C12.6.4.3.11.)
    • The SECDEF must approve the use of OHDACA funds to support DoD FDR activities. (Section C12.8.1.)
    • CCMDs are required to report FDR costs pursuant to DoD Financial Management Regulation (DoD FMR) 7000.14R, Volume 12, Chapter 23. (Section C12.8.7.4.)

    Revised Wording:

    Legal Requirements:

    • OHDACA funds may not be expended as a grant. (Section C12.1.2.)
    • OHDACA expenditures must serve a humanitarian purpose. (Section C12.3.4.1.)
    • OHDACA expenditures must primarily benefit civilian populations. (Section C12.3.4.1.)
    • OHDACA funds may not be used to augment the funding of other USG programs. (Section C12.3.4.8.)
    • U.S. armed forces performing demining, Explosive Remnants of War (ERW), casualty care training, or physical security and stockpile management (PSSM) assistance involving captured enemy ammunition (CEA) or ERW awaiting destruction may not physically contact, move, or destroy the explosive hazards. (Section C12.3.9.3.)
    • The President may direct the SECDEF to provide disaster assistance to respond to manmade or natural disasters when necessary to prevent loss of lives or serious harm to the environment. By Executive Order (EO), the SECDEF provides disaster assistance (a) at the direction of the President; or (b) with the concurrence of the Secretary of State; or (c) in emergency situations in order to save human lives. (Section C12.1.2.5)

    Policy Requirements:

    • OHDACA-funded activities are designed to relieve or reduce endemic conditions such as human suffering, disease, hunger, and privation, particularly in regions where humanitarian needs may pose major challenges to stability, prosperity, and respect for universal human values. (Section C12.1.1.)
    • OHDACA-funded activities may support disaster risk reduction, mitigation, and preparedness; health-related projects and activities that promote sustainable public health capacity-building; primary public education systems and services for school aged children; civic infrastructure repair and construction for humanitarian purposes; and humanitarian mine action and assistance. (Section C12.2.2.)
    • OHDACA-funded activities shall not benefit foreign security forces unless the ultimate beneficiary of the activity is the civilian populace and the security force has an official role in providing humanitarian services directly to the public. (Section 12.3.4.6)
    • OHDACA-funded activities may not duplicate or replace the efforts of other USG agencies. (Section C12.3.1.)
    • OHDACA-funded activities are approved based on an equitable assessment of humanitarian needs and not ethnic, racial, gender, or religious considerations. (Section C12.3.4.3.)
    • PN government facilities that receive OHDACA-funded renovation or construction support must be located entirely on government-owned land. (Section C12.3.5.1.)
    • DoD civilian personnel performing demining, Explosive Remnants of War (ERW), casualty care training, or physical security and stockpile management (PSSM) assistance involving captured enemy ammunition (CEA) or ERW awaiting destruction may not physically contact, move, or destroy the explosive hazards. (Section C12.3.9.3.)
    • OHDACA-funded activities should be consistent with the relevant U.S. Embassy's Integrated Country Strategies (ICSs) and Mission Strategic Resource Plan (MSRP). (Section C12.4.2.4.4.)
    • OHDACA funds will not be used to support a Humanitarian and Civic Assistance (HCA) effort. (Section C12.6.4.3.11.)
    • The SECDEF must approve the use of OHDACA funds to support DoD FDR activities. (Section C12.8.1.)
    • CCMDs are required to report FDR costs pursuant to DoD Financial Management Regulation (DoD FMR) 7000.14R, Volume 12, Chapter 23. (Section C12.8.7.4.)
  17. Update the following AP6 notes as shown:

    Note Name

    Current Wording

    Revised Wording

    Administrative Surcharge Waiver - NATO AWACS

    RENAMED:

    Administrative Surcharge Waiver - North Atlantic Treaty Organization (NATO) Airborne Warning & Control System (AWACS)

    Note Text

    "This LOA is in support of the NATO AWACS Acquisition program under 10 U.S.C. 2350(e). Any surcharge for administrative services, to include Small Case Management Line (SCML), otherwise chargeable totaling [insert dollar value] are waived on this LOA and are not reimbursed as authorized by 10 U.S.C. 2350 and the waivers in the SECDEF Memoranda, dated 18 April 1997 and 13 December 1979."

    Note Text

    "This Letter of Offer and Acceptance (LOA) is in support of the North Atlantic Treaty Organization (NATO) Airborne Warning & Control System (AWACS) Acquisition program under 10 U.S.C. 2350e. Any surcharge for administrative services, to include Small Case Management Line (SCML), otherwise chargeable totaling [insert dollar value] are waived on this LOA and are not reimbursed as authorized by 10 U.S.C. 2350e and the waivers in the SECDEF Memoranda, dated 18 April 1997 and 13 December 1979."

    Air-to-Surface (A/S) Munitions greater Than or Equal to 105mm in Diameter, Ship-to-Shore Munitions, Indirect Fire Surface-to Surface (S/S) Munitions, and the Associated A/S and S/S Delivery Systems

    RENAMED:

    Targeting Infrastructure Policy

    Note Usage

    Include on relevant LOAs to indicate compliance with targeting infrastructure requirements.

    Note Text

    Unless all required ATD tools are specifically included as a line in the LOA, the LOA for munitions and/or delivery systems within the scope outlined in SAMM Section C4.4.18. shall also include one of the following standard Targeting Infrastructure Policy notes, as applicable:

    Note Usage

    Include on relevant Letters of Offer and Acceptance (LOAs) and Amendments to indicate compliance status with the Targeting Infrastructure Policy, scope of which is outlined in Section C4.4.18. Only one of the notes should be included depending on coordination with the Implementing Agency Targeting Infrastructure Policy representative(s).

    Note Text

    Unless all required ATD tools are specifically included as a line in the LOA, the LOA for munitions and/or delivery systems within the scope outlined in SAMM Section C4.4.18. shall also include one of the following standard Targeting Infrastructure Policy notes, as applicable:

    Contract Administration Services (CAS) Surcharge - PROS

    RENAMED:

    Contract Administration Services (CAS) Surcharge - Parts Repair and Ordering System (PROS)

    Note Usage

    Mandatory for FMS LOAs containing PROS procurement lines.

    Mandatory for Amendments and Modifications when any line(s) that contain PROS procurement even if the CAS is not affected by the changes being made.

    Note Usage

    Mandatory for Foreign Military Sales (FMS) and T22 Building Partner Capacity (BPC) Letters of Offer and Acceptance (LOAs) containing PROS procurement lines.

    Mandatory for all FMS and T22 BPC Amendments and Modifications when any line(s) that contain PROS procurement even if the CAS is not affected by the changes being made.

    Mandatory for T10 BPC Amendments and Modifications for LOAs implemented prior to 14 August, 2020 when line(s) that contain PROS procurement even if the CAS is not affected by the changes being made.

    Contract Administration Services (CAS) Surcharge - USACE

    RENAMED:

    Contract Administration Services (CAS) Surcharge - U.S. Army Corps of Engineers (USACE)

    Note Usage

    Mandatory for FMS LOAs containing USACE design and construction lines.

    Mandatory for Amendments and Modifications when any line(s) that contain USACE design and construction lines even if the CAS is not affected by the changes being made.

    Note Usage

    Mandatory for Foreign Military Sales (FMS) and T22 Building Partner Capacity (BPC) Letters of Offer and Acceptance (LOAs) containing USACE design and construction lines.

    Mandatory for all FMS and T22 BPC Amendments and Modifications when any line(s) that contain USACE design and construction lines even if the CAS is not affected by the changes being made.

    Mandatory for T10 BPC Amendments and Modifications for LOAs implemented prior to 14 August, 2020 when line(s) that contain USACE design and construction lines even if the CAS is not affected by the changes being made.

    Target Coordinate Mensuration Capability

    Note Usage

    Mandatory for every LOA or Amendment that includes a Target Coordinate Mensuration capability.

    Note Usage

    Mandatory for every Letter of Offer and Acceptance (LOA) or Amendment that includes an Enhanced Targeting Data (ETD) capability. Not mandatory for LOAs and Amendments with Target Coordinate Mensuration capability but no ETD capability.