Chapter 3 - IA LOA Preparation

C3.1. The IA verifies that the LOR and appropriate supporting documentation are complete and provide proper justification for the request. The IA then forwards the LOR, the CTA/CCMD concurrence or SCO endorsement (as appropriate), the IA's support memorandum, and the proposed list of specific NVDs requested (including model-type/nomenclature and quantity) to the DSCA CPD. The IAs should initiate this process as soon as they receive a request for NVDs so as to eliminate delays in case development due to waiting for an NVD transfer approval. See Appendix 1 for an example of the IA support memorandum.

C3.2. After receiving the LOR for man-portable NVDs from the SCO, the IA will:

C3.2.1. Review the LOR, CTA/CCMD concurrence or SCO endorsement (as appropriate), and supporting documentation to verify completeness. If incomplete, contact the SCO for the required information before proceeding. If the SCO does not have the first introduction CTA and LOR information, provide the required data in the IA support memorandum.

C3.2.2. Draft, sign, and date the IA support memorandum containing the following information:

  • NVD type, model, and quantity as stated in the LOR.

  • Performance parameters requested by the country on the LOR, if stated.

  • Using unit(s) type, e.g., infantry, aviation, special operations, border guards.

  • Purpose for the NVD request, e.g., how the NVDs will be used, the operational mission that requires them.

  • Whether or not the IA supports the transfer using one of the following examples (not inclusive).

    • If the country LOR is for capability that falls within the NVEPIG and the IA supports the release, state that it endorses the request.

    • If the country LOR is for capability that falls within the NVEPIG but the IA does not support the release, provide justification and recommend performance parameters that are supported.

    • If the country LOR is for capability higher than listed in the NVEPIG and the IA supports the release, provide exceptionally strong justification for the higher performance parameters.

    • If the country LOR requests capability higher than listed in the NVEPIG but the IA does not support the release, state that support is only for parameters consistent with the NVEPIG.

    • If the IA supports capability higher that stated in the country LOR, list the recommended performance capability.

    • If the IA does not recommend the transfer, provide justification for not supporting the release.

  • Case designator if known at the time. If not known, provide the case designator as soon as it is assigned.

  • POC and contact information.

C3.2.2.1. Prepare IA support memorandum using the following guidelines:

  • List only the performance capability that the country requests in its LOR. If none are stated on the LOR, the default will be the NVEPIG.

  • IAs will not state recommended performance capability unless it is lower than that listed in the NVEPIG or higher that the country requests.

  • Do NOT list IA provisos or performance parameters on the memorandum when the parameters are within the limits of those authorized in the NVEPIG. Provide them only when recommending a lower capability than requested in the LOR. See examples in Section C3.2.2.

C3.2.3. Forward the LOR packet with IA support memorandum to the DSCA CPD. Do not send it directly to DSCA Weapons Division or to DTSA.

C3.3. DSCA will process the NVD LOR in accordance with with the requirements found in Chapter 4.

C3.3.1. For an LOR-A, the IA can continue LOA processing in parallel to the NVD release review process up to the point of sending the draft LOA to DSCA Case Writing Division (CWD).

C3.3.2. For an ETP, the IA will not continue the NVD portion of LOA processing until review completion. If the review process will take longer than 10 working days, the DSCA CPD will notify the IA to enable case processing timeline adjustments.

C3.4. Upon completion of the review process, the IA will receive an Authorization to Transfer memorandum from the DSCA CPD and include it in the LOA supporting documentation submitted to CWD. After receiving the Authorization to Transfer memorandum, CWD can proceed with LOA processing.

C3.4.1. The Authorization to Transfer memorandum communicates DoD's decision regarding the transfer of NVDs and will include the technical provisos, restrictions, and security notes as appropriate, needed for IA contracting and LOA execution.

C3.5. The ETP request and LOR-A do not take the place of any Exception to National Disclosure Policy (ENDP) process or releasability requirements the IA may be working.

C3.6. Chapter 6 contains the IA NVD request process and checklist.