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Chapter 5 - Provisos and Restrictions for Contracting

C5.1. DTSA, the JS, and (USD)AT&L determine technology restrictions and provisos on a case-by-case basis during the review process. Not all of these provisos will apply to all countries, and DTSA will specify which are appropriate after the case-by-case review. The DSCA Authorization to Transfer memorandum will inform the IA of the appropriate provisos to use for contracting, and the IA will communicate them to the contracting command and manufacturer. Below are some examples of export performance parameters and provisos. Note that these are examples only, and the IA and DSCA will not insert them into any of the supporting documentation going to DTSA, the JS, and (USD)AT&L for review.

C5.2. The IA and CWD may include the following provisos from the Authorization to Transfer memorandum in the LOA as appropriate.

  • Image intensifier tubes will conform to U.S. Military Specifications (MILSPEC) except for the specific, associated specifications that must change in order to meet the FoM and Halo provisos;

  • Figure of Merit (FoM): No Less than xxxx / No Greater than xxxx

  • Halo: No Less than .xx mm, No Greater than .xx mm

C5.2.1. The IA and case writers must not include the following examples in the LOA nor communicate them to the purchaser.

  • 100% of the image intensifiers must pass Group A testing. Group B, C, and D lot testing must be conducted IAW U.S. MILSPEC acceptance standards;

  • Thermal NVD performance parameters per IA export policy;

  • Must not incorporate Light Interference Filters (LIF);

  • Must not incorporate electro-optical countermeasures or counter-countermeasures;

  • Production technology must not be discussed, offered, or released;

  • Electro optical countermeasures and counter-countermeasures (hardware or software) or methods to exploit countermeasures must not be discussed, offered, or released;

  • IA will not deviate from these provisos without prior approval from DSCA Weapons Division.