Customer Guide to

U.S. Security Assistance Programs

 

 

Prepared by the Defense Security Cooperation Agency

 

 

December 2001


Table of Contents

Introduction.. 1

security assistance Overview.. 2

Foreign Military Sales (FMS) 2

Direct Commercial Sale (DCS). 3

Leases   3

Excess Defense Articles (EDA) 3

Drawdowns   3

what happens first?. 5

The Letter of Request (LOR) 6

What is a Letter of Request?  6

LOR Guidance   6

LOR Process Flow Diagram   8

The Letter of offer and acceptance (LOA) 9

What will we do with your LOR?  9

What will the LOA look like?  10

What Happens After Your LOA is Prepared?  13

When will you get your LOA?  13

Your Review and Response to an LOA.. 14

What should you do with the LOA?  14

LOA Acceptance   14

Information to be provided by the Purchaser   14

After ACCEPTANCE.. 16

FMS Case Implementation   16

Changes During the Life of Your Program   16

Appendices.. 17

Appendix 1. 18

Website Links   18

U.S. Government Agencies   18

U.S. Defense Industry, Trade Groups and Associations   22

Defense-Related Publications   24

Other Useful Links: 25

Appendix 2. 26

LOR Guide   26

Request does NOT include Significant Military Equipment (SME) 26

Request DOES Include Significant Military Equipment (SME/MDE) 27

Policy Regarding Contents of the Letter of Request  27

Total Package Approach   31

Classification   32

International Traffic in Arms Regulation (ITAR) 32

How to find out if an item is SME/MDE – An Example   33

A Different Situation – A second example   34

What about Nonrecurring Costs (NC)?  35

Where should you send your LOR?  35

Request for All other FMS (non-SME) 35

Requests that Include Significant Military Equipment (SME) 35

Can You Help Me with Addresses?  36

Appendix 3. 37

Addresses for LORs   37

U.S. Army  37

U.S. Navy, U.S. Marine Corps and U.S. Coast Guard   39

U.S. Air Force   40

Other Implementing Agencies   41

Unified Command Mailing addresses   43

Appendix 4. 44

Sample Letters of Request   44

Sample LOR For Defined Order FMS Case   44

Sample LOR For Blanket Order FMS Case   45

Sample Change To An Original LOR   46

Appendix 5. 47

Letter of Request (LOR) Checklists   47

U.S. Army: 47

U.S. Navy: 47

U.S. Air Force: 47

Appendix 6. 55

Glossary of Acronyms and Abbreviations   55

Sample loa.. 57

 


Text Box: Our Principal Goals In This Guide Are To:

q	Explain some of the options available to you when purchasing defense articles from the United States;
q	Assist you in preparing requests to the U.S. Government (USG) for defense articles and services;
q	Explain what we do to respond;
q	Explain some of the specific points about the offer we will prepare for you; and 
q	Cover the actions that you need to take to accept our offer.

Introduction

Security Assistance, defined in its simplest terms, concerns the transfer of military defense articles and/or services from the United States to friendly foreign governments and specific international organizations.  The processes used for Security Assistance can oftentimes be quite confusing and cumbersome.  The purpose of this guide is to provide you, our foreign customers, with a simplified overview of these processes that may help in your use of these programs. 

 

Initially, the quantity of information, terms, and acronyms used can be confusing.  If you have any questions, we encourage you to contact your Security Assistance Office (SAO), Implementing Agency (IA) Desk Officer or Defense Security Cooperation Agency (DSCA) Country Program Director (CPD).   (NOTE: U.S. Department of Defense (DoD) representatives are assigned to various U.S. Embassy staffs throughout the world.  While these offices are generally named SAOs, they may also be known as the Office of Defense Cooperation (ODC), Joint U.S. Military Assistance Group (JUSMAG), some similar title or the representative may be another embassy official who has been assigned SAO responsibilities.  For ease of reference in this guide, they will be referred to as SAOs.)

 

Nothing in this guide takes precedence over any U.S. Government (USG) regulations or formal policy guidance.  For ready access to these more formal documents, active links are included throughout this guide. 

 

Throughout this guide we have inserted links that will jump to another portion of the document or take you to a website.  These have been shaded to make them easier to find.  A Glossary of Acronyms and Abbreviations has been included and we have provided a list of Website Links that we hope you will find helpful for contacting appropriate organizations or U.S. agencies involved in Security Assistance.

 

We are continually trying to improve our Security Assistance processes and this guide will be updated regularly to reflect any changes in policy or procedures.  We also would welcome your comments and suggestions for improvements to be included in future versions.  You will always be able to access and download the most current guide at the DSCA website.

 


security assistance Overview

The United States conducts Security Assistance business with over 150 nations and international organizations around the world.  These programs are conducted under two primary U.S. legislative authorities: The Arms Export Control Act (AECA) (22 U.S.C. 2751 et seq.), as amended, and the Foreign Assistance Act of 1961 (FAA), as amended (22 U.S.C 2151 et seq.)  Under these authorities, there are several options that we may use to provide you with U.S. defense articles and services.  The most common options are Foreign Military Sales (FMS) and Direct Commercial Sales (DCS).  There are benefits, limitations and trade-offs associated with each of these options that should be carefully considered for each particular sale.  While you usually have a choice in whether to purchase items using FMS or DCS, the U.S. Government may require that FMS procedures be followed for certain purchases.

 

Although these options, as well as others, are discussed separately below, they may be used in many different combinations to satisfy your unique requirements.  For example, a total program might consist of some items purchased through FMS, additional items through DCS, and still others obtained via lease. The USG will work with you to help determine the most beneficial Security Assistance option(s) based on your unique circumstances.  Our goal is to provide you with the best “fit” for your program.

Foreign Military Sales (FMS)

FMS is a program that allows you to purchase defense articles, services, and training, as well as design and construction services from the U.S. Government.  This program is operated on a “no-profit” and “no-loss” basis to the U.S. Government and requires your authorized representative to submit a Letter of Request (LOR) to the USG for desired defense articles and services.

 

Under FMS, a government-to-government agreement, known more commonly as a Letter of Offer and Acceptance (LOA), is written by the USG and accepted by your government.  You may also see the phrase “FMS case” used to describe this document.  The LOA specifies the items and services to be provided as well as the estimated cost.  The USG will supply items from stock or may contract for them on your behalf.  Any contracts required will be written by the USG using standard USG contracting procedures.  You will pay the full costs associated with the sale---including not only the cost of the items but also any costs incurred by us to provide you with this support.  The FMS case may be changed many times during the life of your program using Amendments and Modifications.  The rules and procedures for these types of sales are contained in the Security Assistance Management Manual (SAMM), DoD 5105.38-M.

 

FMS allows you to receive program management services and weapon system expertise from the applicable U.S. Military Department (MILDEP).  Access to DoD logistics and training is also available under FMS.  Quite often, FMS also provides you with economies of scale and the same cost basis applicable to procurements by the DoD for its own use.

Direct Commercial Sale (DCS).

A DCS is a sale made by U.S. companies directly to an international customer.  DCS agreements are not administered by DoD and do not involve a government-to-government agreement.  U.S. industry is responsible for obtaining a license from the Office of Defense Trade Controls in the Department of State for each of these sales.  The day-to-day rules and procedures for these types of sales are contained in the International Traffic in Arms Regulations (ITAR).

 

Under DCS, you engage directly in contract negotiations and program management decisions with a U.S supplier or manufacturer.  DCS might be considered when your military requirements differ appreciably from standard U.S. configurations.    DCS arrangements may also be appropriate when your government is seeking licensed-production between a U.S. manufacturer and your own domestic industry or your government seeks a closer relationship with a particular weapon system manufacturer.

 

An extensive comparison of the advantages of FMS and DCS has been compiled and published by the Defense Institute of Security Assistance Management (DISAM).  You may find it useful to review this study by selecting "more information on comparing FMS and DCS”.

Leases

Another method of obtaining a defense article is the use of a lease.  The USG may provide defense articles for temporary (not to exceed five years) use.  Under a lease arrangement, a compelling need for lease, rather than sale, must determine articles available for lease and not for U.S. public use.  Leases can be entered into for a variety of purposes, including cooperative research or development, military exercises, and communications or electronics interface projects.  You may want to consider a lease to fill a need before a major purchase can be completed.  Customers will be required to make lease payments.  All leases require the return of the items at the end of the lease period.  More details are found in chapter 12 of the SAMM.

Excess Defense Articles (EDA)

EDA are defense articles excess to the needs of the USG.  When these defense articles are declared excess by the USG, they may be transferred by sale (FMS) or by grant to EDA eligible countries.  For EDA sales, prices usually range from 5% to 50% of the original acquisition value depending on the condition of the item.  EDA is transferred on an “as-is, where-is” basis.  This means that you will be required to pay any repair costs and, generally, all transportation costs.  Frequently, the availability of support equipment and training may be limited for EDA items.  More details on EDA are found in section 803 of the SAMM.

Drawdowns

The FAA, section 506, authorizes the President to provide defense articles, services and training from DoD stocks and from the inventory and resources of other USG agencies to foreign countries and international organizations for unforeseen emergencies and other purposes.  These defense articles/services, to include transportation, are provided at no cost to the foreign country.  There are fiscal year dollar ceilings on the value of items that can be provided under the Presidential authorities.  Drawdowns can be used to provide international disaster relief, international narcotics control assistance, anti-terrorism assistance, non-proliferation and migration and refugee assistance. 

 

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what happens first?

Before we can help determine what Security Assistance options you may have, we will need to have a good idea of your long-range defense plans---which calls for some type of “needs assessment.”  Obviously, your government will determine and plan for your own security objectives based on your unique priorities.  Your assessment should result in a list of capabilities or specific items that you determine are necessary to meet your country’s defense needs. 

 

You may wish us to assist with your needs assessment and planning.  If you want this type of help, you should work with the SAO or equivalent USG representative in your country.  Some extensive and specialized services, such as survey teams, take time to arrange and may require an FMS case.  Some of the areas in which U.S. assistance may be available include:  

 

 

 

·         Other Sources.  The SAO is available to help gather information regarding U.S. defense goods and services.  In addition, your representatives may wish to discuss specific programs with your country desk officers at DSCA or in the U.S. Military Departments (MILDEPs).    If you have no SAO in your country and are unaware of who you should contact, you can always contact DSCA via our website at http://www.dsca.mil. There are numerous websites where information is available to assist you in addressing your needs.  We have compiled a list of websites to use as a starting point.  To access the list, click Appendix 1, Website Links.  Although a wealth of information is available via other sources or by using various Internet search engines, the websites included in the list provide a great source for "pre-LOR" information.

 

While there are several options available to address your security needs, the most common is the FMS process.  The remainder of this guide assumes that your “needs assessment” has determined that an FMS strategy is the best solution for your requirement.

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The Letter of Request (LOR)

The action that formally begins the FMS process is your LOR. 

 

If you are originating the request from your home country and have questions about how to prepare a LOR, your first contact should be with the Security Assistance Office (SAO) for your country.  SAO personnel are trained to understand the FMS process and work closely with the U.S. Embassy to ensure all requirements follow current United States laws and policy.  If you do not know whether you have a SAO, or equivalent representative, in your country, you should contact the U.S. Embassy. 

 

If you are located in the U.S., you may refer questions to the appropriate Implementing Agency (IA) Desk Officer or to your Defense Security Cooperation Agency (DSCA) Country Program Director.

What is a Letter of Request?

The LOR can be a formal letter, E-mail or a similar type of correspondence from a recognized official representative of your government.  The purpose of an LOR is to request defense articles, military construction, and/or services from the USG.  An LOR may also request rough pricing data if you are not quite ready to review a more formal offer. 

LOR Guidance

Text Box: The LOR Guide in Appendix 2 will Explain In Greater Detail:

q	What information you should include in the LOR.
q	The importance of Significant Military Equipment (SME) to your request.
q	Where to send the LOR.
q	What you can expect in response to your LOR.
The LOR needs to provide sufficient detail to allow a prompt and accurate response from the USG.  In Appendix 2, LOR Guide provides a number of detail items to consider in writing your LOR.  Information from references has been condensed to make this guide easier to read.  You are encouraged to consult the original reference if there is any question about content. 

 

You will want to send your LOR to the proper U.S. office.  This office may be different, depending on the type of goods and services requested. 

 

Most routine LORs are sent directly to the MILDEP that manages the weapon system, item or service being requested.  An information copy of the LOR should also be sent to DSCA and U.S. Department of State (DoS).  LORs can also be submitted to other authorized Implementing Agencies (IAs) such as the Defense Logistics Agency (DLA).  A list of IAs that process LORs is contained later in the Guide in the section that discusses “Where should you send your LOR?”.

 

If you believe that your LOR is of such a sensitive nature that higher-level review is required, you may submit it directly to DoS or DSCA for action.  These situations are rare.

 

U.S. regulations require that a LOR that includes an item designated as Significant Military Equipment (SME) must also be reviewed and commented on by the U.S. Ambassador who is posted to your country.  SME is an item designated in the International Traffic in Arms Regulation (ITAR) that warrants special export controls because of the capacity for substantial military utility.  You may identify SME as shown on the U.S. Munitions List  at the Department of State, Office of Defense Trade Control website.

 

Each LOR is reviewed and validated by the U.S. Military Department (MILDEP) or other Implementing Agency (IA), DSCA and DoS, to ensure that the:

 

The IA is responsible for verifying that information copies of your LOR have been forwarded to the DoS and DSCA.  If it cannot be determined or if they have not been given a copy, the IA will forward one.

 

An IA is responsible for taking action on your LOR.  Their response will depend on what is requested.  Normally, one of the following is the response action:

·         Writing a Price and Availability (P&A) document

·         Preparing a Lease

·         Preparing a government-to-government agreement referred to as a Letter of Offer and Acceptance (LOA) (Note: A LOA is frequently referred to as a FMS case.)

·         Preparing an Amendment to a LOA.

 

While formal action must wait for receipt of a LOR, the Team International concept mentioned earlier provides you with a forum to discuss complex LORs with the intended IA prior to actually sending the LOR.  The establishment of a Team International is a USG decision based on the unique circumstances surrounding a particular sale.  You may request an IA to assist you in developing or clarifying requirements.  This helps ensure that the LOR will request equipment and services that will meet your requirements and that the LOR will cover all of the points that must be addressed as outlined in the SAMM.

 

You should avoid concurrent FMS and commercial requests.  If you determine that commercial acquisition, rather than an FMS purchase, is desired, you should cancel the LOR.  See Chapter 6 of the SAMM, paragraph 60104 for the policy regarding concurrent FMS and commercial requests.

 

Sample LORs are attached.  They are (1) a sample LOR for equipment (a defined order FMS case), (2) a follow-on support FMS case (blanket order FMS case) and (3) a change to an original LOR requesting an amendment.  You do not need to change your format to the one shown.  These examples cannot cover all situations.  They are intended to demonstrate the type of information that is required in specific situations.  To see the samples select Appendix 4, Sample Letters of Request.

 

We have also attached samples of the various checklists that the MILDEPs use to help them process your LOR.  These are furnished for your information to help you anticipate the types of information required in specific situations.  You are not required to submit them with your LOR.  To access them, select Appendix 5, Letter of Request (LOR) Checklists to display that section.

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LOR Process Flow Diagram

The figure below illustrates the typical flow of actions that will be taken on your request.  There will be some variations in the steps. For example, an IA such as Defense Information Service Agency (DISA) will receive and prepare the request without tasking to another office. 

 

 

 

 

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The Letter of offer and acceptance (LOA)

What will we do with your LOR?

Once we receive your LOR, the USG will take several actions.  Depending on your request, an appropriate response might be, an addition to one of your existing FMS cases, a new sale LOA, etc.  For the purposes of this guide, we will assume that an LOA is the most appropriate response to your request---therefore, the following USG actions would be taken:

 

Acknowledge Receipt:  Within five days of receipt of a valid LOR, the U.S. Implementing Agency (IA) will acknowledge receipt of your LOR.

 

Request More Information:  If information is unclear or is missing from your LOR, you will be contacted to provide the missing information.  While, it may be possible to continue limited processing of some portions of the request, a complete response from the USG may be delayed until the information is provided or the request amended.

 

Assign a FMS Case Identifier:  A FMS case identifier is assigned to each LOR.  A case identifier consists of a Country Code, the IA code of the U.S. agency developing your FMS case and, a unique three-position FMS case designator.  For example, “BN-B-UXP” is a FMS case for Bandaria (“BN”-a make-believe country) being prepared by the U.S. Army (“B” is the Implementing Agency code for the U.S. Army).  The “UXP” denotes a particular FMS case for this country.

 

Assign a FMS Case Manager:  A FMS Case Manager is assigned to every FMS case and is responsible for ensuring that the FMS case meets your requirements as identified in your LOR.  The FMS Case Manager acts as the coordinator for both development of the FMS case, and the subsequent “execution,” or performance of the FMS case.  If you have questions about the development progress of your FMS case, they should be directed to the appropriate FMS Case Manager.  DSCA has assigned a Country Program Director (CPD) for each country and the IAs may also assign a Country Program Director for your programs.  These managers may also be contacted if you have questions concerning the progress of your FMS case.

 

Review Releasability Issues:  Part of the USG review process involves determining if the technology involved is releasable for export.  The releasability review takes place for both FMS sales (government to government) and for Direct Commercial Sales (DCS) that are directly negotiated between your country and a specific manufacturer.  If the sale involves a system with technology that has not been previously approved for export, this process will generally take longer than if the system has already been reviewed and approved for export.  An LOA will not be written for systems that you are not eligible to receive.

 

Notify the U.S. Congress:  There are many U.S. laws that the FMS case Manager must comply with as the FMS case is being developed.  If the FMS case is expected to exceed $14 million of Major Defense Equipment (MDE), or will exceed a total FMS case value of $50 million ($200 million for construction cases), then the U.S. Congress must be notified of the prospective sale.  This notification process must be completed before the FMS case can be countersigned by DSCA and formally offered to your country for consideration.  When the official notification of a sale has been made to the U.S. Congress, this information is normally posted on the DSCA Web page at http://www.dsca.mil/ .

 

Develop the FMS Case:  Once any releasability issues are resolved, the USG may begin the actual process of developing your FMS case or LOA.

 

What will the LOA look like?

As stated earlier, the LOA is the government-to-government agreement that identifies the defense articles and services that the USG proposes to sell to you to meet the requirements identified in your LOR.  The LOA spells out all of the terms and conditions that will apply.  Much of the content, especially the Standard Terms and Conditions, is dictated by U.S. law.  We have included a sample LOA which you can see by clicking on, BN-B-UXP.   SAMM table 701-1 contains the Standard Terms and Conditions and can be viewed by clicking Chapter 7 of the SAMM.

 

There are three basic types of FMS cases.  The type used depends on what is being sold.  These are:

 

 

LOA Sections:  Your LOA will be made up of several sections.  The first page will be an overview of the proposal and will include a space for the signatures of our USG representative and your government.  It will provide a total cost estimate and will identify any initial deposit that might be required upon acceptance.  The first page will also reflect the Terms of Sale (i.e., CASH WITH ACCEPTANCE, FMS CREDIT, etc.) and will identify the expiration date of the offer,

 

The next several pages of the LOA will describe in greater detail the material and services being offered and responsibilities for transportation and delivery of the items.  Separate FMS “case lines” will be included on your LOA.  Each line will cover a specific category of material or service.  Most of the information is in plain text or monetary terms, but in several situations we use codes to convey information.  The codes are explained in greater detail in the “Letter of Offer and Acceptance Information” provided with each FMS case.  In addition, the information is shown in table 701-1 located in SAMM, Chapter 7.

 

A sample FMS case line might look like the following:

 

(1)

(2)

(3)

(4)

Costs

(5)

(6)

(7)

Itm Nbr

Description/Condition

Qty, Unit of Issue

(a) Unit

(b) Total

SC/MOS/TA

Ofr Rel Cde

Del Trm Cde

001 K

E3Z 23200014120143  (N) HMMWV M1113

Truck, Shelter Carrier with Desert Package, including CTIS, Sand Colored Paint (CARC 686)

20 EA

$71,333.52

$1,426,671

P(18)

TA5

NR

Y

4

 

 

The LOA will also include notes to provide additional information unique to this FMS case.  It will include a cost summary and an estimated payment schedule along with instructions on where to return the signed LOA and how to submit payments.

 

The LOA also includes “Letter of Offer and Acceptance Standard Terms and Conditions.”  These are included with every FMS case we write---they are not unique to your particular country or FMS case.  These Standard Terms and Conditions identify specific requirements regarding liability, discrepancy reporting, etc.

 

LOA Pricing and Delivery Estimates:  Dollar values and delivery schedules shown on the LOA are estimates based on the best available information at the time that the LOA is prepared.  These estimates are based either on contractors’ quotes and/or on the current or projected cost and availability of the desired items.  As noted in the LOR section of this guide, a key element in obtaining accurate LOA data is complete identification of each of the required items and services.  During the life of the FMS case, the amounts billed to the FMS case will be the actual costs incurred by the USG, which may differ from those on the LOA.

 

Payment Schedule:  Each FMS case will include an estimated payment schedule identifying when each of your payments is due.  The schedule consists of two financial categories: (1) your initial deposit, and (2) future estimated quarterly billing amounts.  Your initial deposit is for the costs anticipated to be incurred from FMS case acceptance until your first quarterly FMS billing statement is provided and monies collected.  If the FMS case is written as “CASH WITH ACCEPTANCE,” the initial deposit will be for the entire FMS case value.  Some of the factors used in computing your payment schedule include:

 

·         Progress Payments: Those payments made to contractors or DoD activities as work progresses under a contract.

 

·         Contractor Holdback: Amount earned by contractors or suppliers during the period, but held back by the USG, to ensure future performance of the contractor.

 

·         Termination Liability: That amount collected from you in advance to protect the USG if you decide to terminate a program before performance is complete on contracts for your program.

 

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What Happens After Your LOA is Prepared?

Once the FMS case has been written, it is reviewed by the Implementing Agency (IA) to ensure that it meets the requirements of your LOR and U.S. laws and regulations. 

 

Most FMS cases must also be approved and countersigned by DSCA.  This coordination/ countersignature is done electronically using the Defense Security Assistance Management System (DSAMS).  There are many FMS cases, known primarily as “follow-on” or “support” FMS cases, which do not contain Major Defense Equipment.  These FMS cases are often written and signed by the IA and do not require a formal DSCA review. 

 

Once a FMS case has been approved and countersigned (if required) the IA will print the LOA, sign it and deliver it to you for your review.

 When will you get your LOA?

The maximum processing time between IA receipt of your LOR and release of the LOA or Amendment should normally be no more than 120 days.  Because unforeseen delays may occur while processing some LOAs, the standard for IAs is that they should process at least 80% of their total number of LOAs within 120 days.

 

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Your Review and Response to an LOA

What should you do with the LOA?

An Offer Expiration Date (OED) will be identified on the LOA---Normally you will have sixty (60) days to review and sign the LOA.  If you know that the OED cannot be met, you should request an extension from the IA as soon as possible.  Extensions may be granted as long as the pricing and delivery estimates are still valid. 

 

Obviously, part of your review will be to determine if the proposed items and costs meet your country’s needs and budgetary constraints.  If you want to request any changes to the offer based on your review, your change request must be submitted to the IA for consideration prior to your acceptance (signature) on the LOA.  “Pen and ink” changes to the LOA should be discussed with the IA if they are minor administrative or corrective changes.  “Pen and ink” changes to a LOA may be accepted by the IA prior to FMS case signature.  If the “pen and ink” change alters the scope or revises the terms of sale or total costs, this will normally be considered a counter offer that will require a new LOR.

 

If your government signs an LOA and includes any changes that have not been authorized by the IA, we will consider this to be a "counter-offer."  Depending on the extent of the proposed changes, the LOA may be re-stated and re-offered, or a new LOA might be prepared.

LOA Acceptance

As noted earlier, you normally have 60 days to sign the LOA and forward copies to USG officials.  The name, title, and agency of the signing official must be entered as well as the date of acceptance/signature (on or before the OED).  To facilitate the processing of your LOA, it is recommended that you work with your SAO.

 

The initial deposit is an integral part of acceptance and is also required on or before the OED.  The LOA contains instructions for sending the required initial payment to the Defense Finance and Accounting Service (DFAS).  Payment must be in U.S. dollars and may be transmitted by check or wire transfer. 

Information to be provided by the Purchaser

The first page of the LOA has a section for Information to be provided by the Purchaser.  There are four items that need to be completed.  Mark For and Freight Forwarder Codes are maintained in the Military Assistance Program Address Directory (MAPAD), DoD 4000.25-8-M, normally available at your SAO or through the FMS case Manager.  Information about each of these codes is found in the “Letter of Offer and Acceptance Information” attached to each LOA.  (See SAMM, Chapter 7, Section 701, Paragraph 70105, Table 701-1, page 9 of 13.)  Your procuring agency code and name and address of your paying office are also required.  This information should be completed prior to sending the signed document back to the USG.  While we will try not to delay implementation, if this information is missing some aspects of FMS case execution cannot begin.

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.


 

After ACCEPTANCE

FMS Case Implementation

Once the USG has received the signed copy and the initial deposit, the FMS case will be implemented and execution (e.g., contract negotiations, requisitioning, etc.) may begin.

Changes During the Life of Your Program

There will likely be several situations where changes need to be made to the basic LOA or FMS case during the “life” of the program.  Changes may be initiated by the USG or by you.  These changes will take the form of Amendments or Modifications.  The type of document to be used will be determined by the USG.

 

Amendments:  Any revision to an LOA that requires your acceptance must be done using an Amendment.  Amendments might include changes in the scope of a FMS case, such as the type or number of items to be provided.  Before they can be implemented, Amendments must be accepted by the USG and by you, the Purchaser, in the same manner as the original LOA.  Some Amendments may require initial deposits---just like basic cases; these funds must be received before the Amendment will be implemented.

 

Pen and ink changes may be done on Amendments using the same rules that apply to LOAs.

 

Modifications:  Any revision that does not require your acceptance may be done using a Modification.  Modifications include changes that do not constitute a change in scope and are used for U.S. unilateral changes.  Examples of changes that might appear on a Modification include: increases or decreases in estimated costs; delays in delivery; changes in the payment schedule; and changes to correct administrative errors.

 

The U.S. is committed to apply its best efforts to provide you with a Modification when one of the following conditions exist:

a.      Estimated total costs increase by ten percent or less,

b.      The payment schedule changes, or

c.      Significant delivery delays are projected.

 

Your signature on a Modification is not required, but may be recorded to acknowledge your receipt.

 

Except for DSCA-issued changes to an LOA’s financing terms, pen and ink changes to Modifications are not authorized.  Changes initiated after a Modification has been implemented must be accomplished using another Modification or Amendment, as appropriate.

 

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Appendices

 

Appendix 1                            Website Links

 

Appendix 2                            LOR Guide

 

Appendix 3                            Addresses for LORs

 

Appendix 4                            Sample Letters of Request

 

Appendix 5                            Letter of Request (LOR) Checklists

 

Appendix 6                            Glossary of Acronyms and Abbreviations

 

 

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Appendix 1

Website Links

This listing is not all-inclusive, and we welcome your recommendations for additions.  The list is broken down into U.S. Government Agencies, U.S. Defense Industry, Trade Groups and Associations, Defense-Related Publications and Other Useful Links.

 

The appearance of hyperlinks within the information contained in this list does not constitute endorsement (by the Federal Government, Department of Defense, or the Defense Security Cooperation Agency) of linked websites or the information, products or services contained therein.  The Defense Security Cooperation Agency does not exercise any editorial control over the information you may find at linked locations.

 

Some web addresses may be restricted from specific locations or may require that you register as a user or install a security certificate before access is authorized.  If you are having difficulty with a particular website, try copying or typing the address directly into the address field of your Internet browser. 

 

U.S. Government Agencies

U.S. Department of State - Export License Requirements

Department of State, Office of Defense Trade Controls (DTC).

The mission of the DTC is to (a) regulate commercial transfers of defense articles and defense services, (b) administer and enforce arms export control law and regulations; and (c) provide foreign policy guidance to persons involved in the export of defense articles and provision of defense services.  The DTC website is www.pmdtc.org.

 

U.S. Department of Commerce - International Trade

The Bureau of Export Administration (BXA)

The BXA is available to support U.S. industries with information on the Export Administration Regulations and information on export licensing requirements.  The BXA website is www.bxa.doc.gov.

Office of Strategic Industries and Economic Security (SIES)

The SIES heads the U.S. Department of Commerce's effort to promote the sale of U.S. defense articles and services abroad.  They are a resource for a wide range of defense market research, analysis and technology reports, business enhancement opportunities, and advocacy assistance for Foreign Military Sales (FMS).  The SIES website is www.bxa.doc.gov/OSIES.

The Defense Trade Advocacy Program

The Defense Trade Advocacy Program assists U.S. companies in the global defense market.  They have information on U.S. defense companies' products and services in international procurement competitions; provide, market intelligence and business counseling; and generate high-level government-to-government advocacy in behalf of U.S. companies.  The website is www.doc-bxa.bmpcoe.org/dtap.html.

The International Trade Administration (ITA)

ITA helps U.S. business export their products overseas, in a broad range of products and services.  1-800-USA TRADE.  The ITA website is www.ita.doc.gov.

 

U.S. Department of Defense (DoD)

DefenseLink

The Official DoD website is DefenseLink.  It is and an invaluable source of information all aspects of the U.S. defense establishment.  The website is www.defenselink.mil.

The Joint Staff

Use this site to obtain information about the Joint Chiefs of Staff, the Joint Staff, and the U.S. major combatant commands.  The website is www.dtic.mil/jcs.

Office of Defense Cooperation in Armaments. 

This office supports the Under Secretary of Defense (Acquisition, Technology and Logistics) in managing DoD's relationships with foreign countries in the realm of defense equipment, across the spectrum of acquisition activities including requirements definition, concept development, research and development, production, procurement and follow-on support.  The website is accessed through www.acq.osd.mil/ic/index.html.

Acquisition and Defense Technology

The website "AcqWeb" deals with all aspects of current acquisition and technology.  It is a valuable link to references, resources, current developments, personnel, and leadership in the U.S. Department of Defense acquisition community.  The website is www.acq.osd.mil.

Defense Acquisition Deskbook

This is an excellent site for all information and resources related to defense procurement.  Sponsored by the Office of the Under Secretary of Defense, Deskbook includes AcqNOW! -- a free e-mail subscription service regarding the latest changes to domestic and international acquisition.  Deskbook is reached at http://deskbook.dau.mil.

Defense Security Cooperation Agency (DSCA)

DSCA is responsible for Security Assistance, FMS and related issues for the Office of the Secretary of Defense.  DSCA also publishes the Security Assistance Management Manual (SAMM) DoD 5105.38-M that provides definitive guidance for Security Assistance matters.  An online version of the SAMM is available at the DSCA website at http://www.dsca.mil.

Defense Security Assistance Development Center (DSADC)

The DSADC maintains the DSAMS website which provides DSAMS users with the latest information on DSAMS software and Security Assistance-related Automated Information System (AIS) matters. This website is http://dsams.dsca.osd.mil/logon/logo.asp.

Defense Institute of Security Assistance Management (DISAM)

DISAM teaches all aspects of FMS and security cooperation to military, government, industry, and foreign representatives.  Their website is an excellent source of FMS-related information.  It features "Ask the Professor", a prompt source in response to questions from the FMS community.  DISAM may be reached at http://www.disam.dsca.mil/.

Defense Logistics Agency (DLA)

DLA is the DoD's logistics combat support agency whose primary role is to provide supplies and services to America's military forces worldwide.  DLA's mission includes managing over four million consumable items and processing more than 30 million annual distribution actions.  Each of the links may be helpful.  Websites are http://www.dla.mil/ for DLA Headquarters and http://www.supply.dla.mil for DLA Logistics Operations.

 

U.S. Department of the Army

U.S. Army Headquarters

Homepage for the U.S. Army is www.army.mil.

U.S. Army International Programs

The Deputy Assistant Secretary of the Army for Defense Exports and Cooperation (DASA [DE&C]) has the sole responsibility within the DA for the international affairs functions of the Army.  They are the Army Secretary’s single executive for and providing export policy oversight of all Army FMS, armaments cooperation, foreign disclosure, technology transfer, and munitions case processing.  The website is http://international.army.mil/.

U.S. Army Security Assistance Command (USASAC)

USASAC exists to support the nation's Security Strategy and U.S. foreign policy objectives through, development, execution, and world-class management of Army Security Assistance programs.  They execute approved Security Assistance programs including technology security and management, business management, export license management, country program management, licensed-production of Army material, and development of the Army position on commercial license applications for the export of munitions, services and technology.  The website is www.amc.army.mil/amc/sac/index.htm.

Security Assistance Training Field Activity (SATFA)

SATFA is the U.S. Army’s agent for Army education and training. It coordinates and supplies training support to international governments and international organizations and serves as the focal point for all security assistance training program issues, coordination and advice within the U.S. Army.  The website is http://www-satfa.monroe.army.mil/.                               

 

U.S. Department of the Navy

U.S. Navy Headquarters

Homepage for the U.S. Navy is www.navy.mil.

Navy International Programs Office (IPO

Navy IPO maintains responsibility for oversight of all Navy, Marine Corps and Coast Guard FMS programs.  They assist countries with determining requirements, help in the drafting of LORs, and have responsibility for drafting LOAs, in conjunction with the respective system command and program office.  The website is https://www.nipo.navy.mil/.  (Note: If link does not work, copy or type the address in your browser address field and follow instructions given on the information page.)

Naval Air Systems Command (NAVAIR), International Programs

NAVAIR provides the acquisition, program management and life cycle support of Naval air vehicles, weapons systems and electronic warfare equipment to international customers.  Air-1.4 is the primary point of contact within NAVAIR for Security Assistance.  The website is http://www.navair.navy.mil/.

Naval Sea Systems Command (NAVSEA), International Programs

NAVSEA provides the sale and/or transfer of ships, ordnance and weapons systems to international customers in support of Foreign Military Sales.  PMS-380 is the primary point of contact within NAVSEA for Security Assistance.  The website is http://www.navsea.navy.mil.

Space and Naval Warfare Systems Command (SPAWAR), International Programs

SPAWAR provides quality Command, Control, Communications, Computers, Intelligence, Surveillance and Reconnaissance (C4ISR) to foreign customers and coalition partners in support of U.S. national security and foreign policy objectives.  The website is http://enterprise.spawar.navy.mil/spawarpublicsite/.

Naval Inventory Control Point (NAVICP), International Programs

NAVICP-OF performs overall Security Assistance/Foreign Military Sales (FMS) program and case management support and weapon system logistical support for the Navy's international customers.  Code OF provides logistics and financial services for approximately 3,400 active FMS cases assigned to the U.S. Navy.  The website is http://www.navicp.navy.mil/of/ofhome.htm.

Naval Education and Training Security Assistance Field Activity (NETSAFA)

NETSAFA is the U.S. Navy’s agent for Navy education and training. It coordinates and supplies training support to international governments and international organizations and serves as the focal point for all security assistance training program issues, coordination and advice within the U.S. Navy.  The website is https://www.netsafa.navy.mil/.  (Note: If link does not work, copy or type the address in your browser address field and follow instructions given on the information page.)

United States Coast Guard (USCG)

The USCG G-CI signed a Memorandum of Agreement with Navy IPO in November 1998, which outlines a working relationship for the execution of security assistance programs involving the USCG.  The Headquarters, U.S. Coast Guard, International Affairs Staff for Security Assi