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

5/9/2025

 

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 25-16, Instructions Regarding Letters of Request and Technology Security Foreign Disclosure Processes [SAMM E-Change 739]

REFERENCE :

  1. DSCA Policy Memo 16-26, Pre-Letter of Request Initiation of Classified Military Information or Advanced Technology Release Decision, 4 November 2016.

This memorandum updates the Security Assistance Management Manual (SAMM) to provide clarifying guidance on the use and submission of Pre-Letter of Request (LOR) Assessment Requests (PARs) to initiate Technology Security Foreign Disclosure (TSFD) processes. U.S. National Disclosure policy and SAMM policy seek to avoid creating false impressions of the U.S. Government's willingness to make available classified materiel, technology, or information to foreign partners. Accordingly, it is the Department of Defense's policy to obtain certain TSFD approvals, which would ultimately be required for final transfer of classified materiel, prior to providing any proposal(s) or pricing information (e.g., Pricing and Availability (P&A)) to a foreign partner. The PAR process provides a mechanism for Security Cooperation Offices (SCOs) to initiate TSFD review prior to the submission of an LOR for P&A or Letter of Offer and Acceptance (LOA). While the PAR provides useful information for a TSFD review, this guidance does not preclude a MILDEP from initiating a TSFD process without a PAR.

When SCOs become aware of a credible demand signal (i.e., written or verbal statements from senior procurement officials) of a partner's interest in a technology where a partner is not yet ready to commit to purchase the technology, SCOs should discourage the submission of an LOR and instead utilize the PAR process. Adherence to this guidance will enable the Security Assistance Enterprise to process TSFD approvals in anticipation of a potential sale, while reducing unnecessary case development workload on the Implementing Agencies (IAs).

When a credible demand signal is identified, SCOs should develop a PAR as described in Table C3.T2. of the SAMM. PARs are submitted by the SCO to the relevant implementing agency (IA) for action. If SCOs are aware of a partner submitting an LOR solely for the purpose of beginning TSFD processes, SCOs should notify the relevant IA and DSCA's Office of International Operations, Weapons Directorate as soon as possible. In consultation with DSCA, IAs are authorized to disapprove such LORs and instead request that SCOs submit a PAR to begin TSFD processes. The policy in the attachment is incorporated into the DSCA SAMM at https://samm.dsca.mil. This memo is effective as of 09 May 2025.

If you have any questions concerning this guidance or for general questions about the SAMM, please contact DSCA (Office of Strategy, Plans, and Policy, Execution Policy and Analysis Directorate (SPP/EPA)) at dsca.ncr.spp.mbx.epa@mail.mil.

David Ferrari 
Assistant Director 
Strategy, Plans, and Policy

ATTACHMENT : 
SAMM E-Change 739 - Instructions Regarding Letters of Request and Technology Security Foreign Disclosure Processes

Security Assistance Management Manual E-Change 739
Instructions Regarding Letters of Request and Technology Security Foreign Disclosure Processes

 

  1. Update SAMM Chapter 3:

    Current:

    C3.1.2. Pre-Letter of Request Assessment Requests for Classified and Advanced Technology Release Decisions in Support of Security Cooperation Initiatives and Competitions. When potential sales of sensitive or classified defense articles or information will require inter-agency technology security and foreign disclosure (TSFD) release determinations are identified in the Foreign Military Sales (FMS) Sales Forecast within Categories of A or B, or when the Security Cooperation Organization (SCO) becomes aware of credible demand signals (i.e. written or verbal statements from senior procurement officials) indicating a probable submission of a Letter of Request (LOR) for Price and Availability (P&A) or Letter of Offer and Acceptance (LOA), or a Request for Information (RFI) or Request for Proposal (RFP) for such items, the SCO should develop a Pre-LOR Assessment Request (PAR), as described in Table C3.T2., to inform the inter-agency community and prepare the cognizant Implementing Agency (IA) to initiate TSFD processes for the timely release determinations. When no formal LOR is available, a PAR serves in place of an LOR and Country Team Assessment (CTA) as grounds for the IA to initiate applicable foreign disclosure and technology security release processes. Note that the PAR cannot be used as an LOR for any other purpose.

    Revised:

    C3.1.2. Pre-Letter of Request Assessment Requests for Classified and Advanced Technology Release Decisions in Support of Security Cooperation Initiatives and Competitions. When potential sales of sensitive or classified defense articles or information that will require inter-agency technology security and foreign disclosure (TSFD) release determinations are identified in the Foreign Military Sales (FMS) Sales Forecast within Categories of A or B, or when the Security Cooperation Organization (SCO) becomes aware of credible demand signals (i.e., written or verbal statements from senior procurement officials) indicating a probable submission of a Letter of Request (LOR) for Price and Availability (P&A), or Letter of Offer and Acceptance (LOA), or a Request for Information (RFI), or Request for Proposal (RFP) for such items, the SCO should discuss with DSCA (Office of International Operations, Weapons Directorate (IOPS/WPN)) to determine whether to develop a Pre-LOR Assessment Request (PAR), as described in Table C3.T2., to inform the inter-agency community and prepare the cognizant Implementing Agency (IA) to initiate TSFD processes for the timely release determinations. When no formal LOR is available, a A PAR serves in place of an LOR and Country Team Assessment (CTA) as grounds for the IA to initiate applicable foreign disclosure and technology security release processes, including to determine if a country is eligible under the National Disclosure Policy (NDP-1) or if an Exception to National Disclosure Policy will be required. SCOs should use the PAR process and discourage partners from submitting LORs solely to begin TSFD processes prior to a partner being ready to move forward with a purchase. If SCOs are aware of a partner submitting an LOR solely for the purpose of beginning TSFD processes, SCOs should notify DSCA's Office of International Operations, Weapons Directorate and the relevant IA as soon as possible. Upon such notification from the SCO, DSCA will determine if the LOR should be disapproved in favor of submitting a PAR in its place to begin TSFD processes. If a SCO is unsure whether the potential sale contains sensitive or classified articles or information that will require an inter-agency TSFD determination, they should reach out to the relative IA. Note that the PAR cannot be used as an LOR for any other purpose.