Chapter 2 - Country Team LOR Preparation

C2.1. The approval process for FMS transfers of NVD begins with a country's LOR submitted through appropriate channels as described in SAMM Section C5.1. Every request for man-portable NVD requires either an LOR-A or an ETP request. The SCOs should notify the IA as soon as they receive a request for NVDs to alert the IA to begin preparation of the transfer authorization request.

C2.2. A Country Team Assessment (CTA)/CCMD concurrence for NVD requests, when required, will address the 11 required elements as described in SAMM Table C5.T1. and the 8 additional elements (#12 through #19) from SAMM Table C5.T1e. The 8 additional elements are:

  1. Full descriptions of the type and quantity of NVDs requested (LOR development may require coordination with IA for recommended model/quantity).

  2. Justification for the type and quantity of NVDs requested and the operational plan for use and specific end-users to include:

    1. Description of the primary mission for the units to receive the NVDs?

    2. Extent of military interoperability missions/training with U.S. Forces?

    3. Extent of anti-terrorist missions for the units to receive the NVDs?

  3. Whether this capability (Figure of Merit (FOM), Auto-gating power features) has been transferred previously to the country. If so, when, how many devices, device types and FOM? Method of procurement? FMS? DCS? Case Designator or License Number?

  4. Assessment of the purchaser's capacity to provide substantially the same degree of support, security and accountability protection as given by the United States and willingness to accept the NVD physical security and accountability note.

  5. The SCO plan for Post Shipment End-Use Monitoring (EUM) and compliance verification.

  6. Additional information in support of the transfer request (e.g., status of previous NVD transfers and results of past U.S. security inspections/inventories/Compliance Assessment Visits (CAVs)).

  7. Recommendation whether the USG should approve transfer of the article and justification.

  8. Combatant Commander's concurrence. If provided separately, cite reference if available.

C2.2.1. A CTA/CCMD concurrence will accompany the NVD LOR for all ETP requests. See criteria in Section C1.4.9.1.

C2.2.2. The Combatant Commander's concurrence may be part of the CTA or submitted separately (see element #19 of SAMM Table C5.T1e.). If there is no reference to the CCMD concurrence in the CTA, a separate document is required.

C2.2.3. The CTA is not required for NVD requests with a capability at or below the NVEPIG guidelines and previously released to a country for the same type of end-user, i.e., an LOR-A. For these requests, the SCO will submit an SCO endorsement (abbreviated CTA) with the LOR. The SCO endorsement consists of:

  • A statement that a CTA dated [mmm dd yyyy] was submitted at first introduction (contact the IA if this information is unavailable);

  • A statement that the CT was informed of the follow-on transfer request on [mmm dd yyyy]; and

  • Elements (#12 through #19) from SAMM Table C5.T1e. (NVDs).

The SCO may submit the SCO endorsement to the IA in either memorandum or email format.

C2.2.4. Even if the LOR requires only the SCO endorsement, DTSA, JS, (USD)AT&L, DSCA, IA, CT, or the CCMD may request a complete CTA/CCMD concurrence (see Section C2.2.) for any of the following reasons (not inclusive):

  • Add support to a particular request, e.g., for a large quantity;

  • Changing situation in a country that may cause a review of the current export capability;

  • Gauge the level of U.S. support for the country's request,

  • One of the reasons specified in Section 1.4.7.4.

C2.2.5. The CTA/CCMD concurrence and SCO endorsement will be no more than one year old when it arrives at DSCA for review. If the situation dictates, the reviewers may request a new CTA/CCMD concurrence or SCO endorsement even if the one submitted with the NVD LOR is less than one year old.

C2.3. The SCO will forward the LOR and, as required, the CTA/CCMD concurrence or SCO endorsement to the appropriate IA with a copy to the CCMD and the DSCA Country Program Director (CPD). If there is uncertainty about the need for a CTA/CCMD concurrence or SCO endorsement, the SCO will check with the IA or DSCA.

C2.4. Chapter 6 contains the SCO NVD request process and checklist.