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Office of the Deputy Assistant Secretary of the Army for Defense Exports and Cooperation
Office of the Deputy Assistant Secretary of the Army for Defense Exports and Cooperation
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Frequently Asked Questions
Armaments Cooperation FAQ
What is Armaments Cooperation?
"Cooperative research, development, and acquisition projects and programs. It includes exchanges of information and personnel; Research Development Test & Evaluation (RDT&E) of defense technologies, subsystems, and systems or equipment; cooperative production of defense articles or equipment resulting from cooperative R&D programs, and DOD procurement of foreign equipment, technology, or logistics support."
2008 Guidance for Employment of the Force quoted in the OSD International Armaments Cooperation Handbook (March 2009)
What is the definition of an International Agreement?
"Any agreement concluded with one or more foreign governments including their agencies, instrumentalities, or political subdivisions, or with an international organization that:
(1) Is signed or agreed to by personnel of a DOD Component, or by representatives of the DOS or any other Department or Agency of the U.S. Government;
(2) Signifies the intention of its parties to be bound in international law;
(3) Is denominated as an international agreement, Memorandum of Understanding, Memorandum of Agreement, Memorandum of Arrangements, Exchange of Notes, Exchange of Letters, technical arrangement, protocol, note verbal, aide memoire, agreed minute, contract, arrangement, statement of intent, letter of intent, statement of understanding, or any other name connoting a similar legal consequence."
DODD 5530.3, International Agreements
What is the definition of "Negotiation"?
"Communication by any means of a position or offer, on behalf of the United States, . . ., to an agent or representative of a foreign government, . . . , or of an international organization, in such detail that acceptance in substance of such a position or offer would result in an international agreement.
The term "negotiation" includes any such communication even though conditioned on later approval by a responsible authority. The term "negotiation" also includes provision of a draft agreement or other document, the acceptance of which would constitute an agreement, as well as discussions concerning U. S. or foreign government or international organization draft document whether or not titled "Agreement".
The term "negotiation" does not include preliminary or exploratory discussions or routine meetings where no draft documents are discussed, so long as such discussions or meetings are conducted with the understanding that the views communicated do not and shall not bind or commit any side, legally or otherwise."
DOD Directive 5530.3 (also in AR 550-51)
What does "Information and Evaluation Purposes" mean?
There is no official definition of "Information and Evaluation" purposes. However, the commonly understood meaning, in colloquial terms, is that such information may be read, analyzed, or considered. Such information may be used in a decision making process. For example, based on information received, a country might determine to pursue course A instead of course B. However, information provided for "Information and Evaluation" purposes may not be employed to actually perform research or development, or to manufacture items, without first obtaining the consent of the government that provided the information.
What are the principal legal authorities for armaments cooperation?
10 USC 2350a;
22 USC 2767 (AECA Section 27); and
10 USC 2358
Appropriations FAQ
What is Section 333 and how is this program funded?
Authority to Build Capacity (sec 333) is an annual appropriation used to conduct or support programs providing training and equipment to national security forces of foreign countries for the purpose of building capacity of partner nations.
Programs must fall into one or more of the following activities:
Counterterrorism operations
Counter-weapons of mass destruction operations
Counter-illicit drug trafficking operations
Counter-transnational organized crime operations
Maritime and border security operations
Military intelligence operations
Operations or activities that contribute to an international coalition operation that is determined by the Defense Secretary to be in the national interest of the United States. Country teams work through Geographic Combatant Commands (GCCs) to nominate proposals to Office of the Secretary of Defense and the Joint Staff for approval; the Defense Security Cooperation Agency (DSCA) provides program management and execution through the Implementing agencies.
Export Licenses FAQ
What is the DASA (DE&C) role in license approval?
DASA (DE&C) reviews license requests staffed to it by the Technology Security Administration (DTSA), both from the Department of Commerce (Export Administration Regulation (EAR)) and the Department of State (International Traffic in Arms Regulation (ITAR)). DASA DE&C reviews licenses for U.S. Army systems and related technologies and provides its recommendations to DTSA. DTSA consolidates U.S. Army comments with the other Services and DTSA's recommendations and submits the single Department of Defense (DOD) input back to State of Commerce. When DASA (DE&C) reviews a license request, we may staff it to the cognizant program office and/or laboratory that has an equity in that technology. DASA (DE&C) will consolidate all staffing comments and submit the single U.S. Army input back to State or Commerce.
What if I get a proviso(s) on a license approval that will not allow me to conduct the business plan as laid out in those provided by the U.S. Army?
The first step is to contact DASA (DE&C) and explain the impact of the license provisos. If the matter cannot be resolved with a discussion (e.g., an interpretation of the proviso(s)), you may come to DASA (DE&C) to discuss the matter. If the matter can only be resolved by changing the proviso, you will need to submit a provisos reconsideration to the licensing organization. The U.S. Army, after discussion and consideration, may or may not concur with your proviso change request, so it is good to have an agreement with DASA (DE&C) on what can be approved before submitting your proviso reconsideration.
How do I get an Exemption from getting an ITAR license?
U.S. Army organizations and industry supporting U.S. Army organizations, may be able to receive a license exemption for the following ITAR authorizations: 125.4(b)(1), 125.4(c), 125.5(a), 125.5.(b), 125.5(c), 126.4(a) and 126.4(c). If you are an industry partner, you must submit to DASA DE&C the completed
checklist
, along with an endorsement from the U.S. Army organization you are supporting and a letter from your empowered official (120.25) requesting the exemption. If you are a U.S. Army organization, you must submit the completed checklist along with a letter of request to DASA (DE&C). If the matter involves the export of classified technical data or defense articles, or technical data and defense articles that contains Critical Program Information (CPI), we must verify the eligibility of the foreign party to receive. We will staff your request, when all parts are received and eligibility verified, to the Assistant Secretary of the Army for Acquisition, Logistics, and Technology Office of General Counsel (OGC) for approval. We need at least 14 days to complete your request.
What is Foreign Military Financing?
The Arms Export Control Act (AECA), as amended [22 U.S.C. 2751, et. seq.], authorizes the President to finance procurement of defense articles and services for foreign countries and international organizations. FMF enables eligible partner nations to purchase U.S. defense articles, services, and training through either FMS or, for a limited number of countries, through the foreign military financing of direct commercial contracts (FMF/DCC) program (Also DCC Guidelines). Secretary of State determines which countries will have programs. Secretary of Defense executes the program. Funding: FMF is a source of financing and may be provided to a partner nation on either a grant (non-repayable) or direct loan basis.
Foreign Military Sales (FMS) FAQ
Do you have a web site for locating equipment in stock for Excess Defense Articles?
No, Please submit a request for the equipment you are looking for to the following email address: usasac.eda@mail.mil. You should receive a response in 5 business days.
Who do I submit a Supply Discrepancy Report (SDR) package to at DASA (DE&C)?
Per Policy ZN-2014-09 concerning Processing of Supply Discrepancy Reports (SDR) para 3, a memorandum to DSCA through DASA DE&C must be prepared and signed by the USASAC CG or his designated representative to Director, Security Cooperation Integration and Exports, DASA (DE&C).