DASA(DEC)

​"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)

"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​

"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)

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.

10 USC 2350a

22 USC 2767 (AECA Section 27)

10 USC 2358

Security Assistance is a group of programs, authorized under Title 22 of the U.S. Code, by which the U.S. government provides defense articles, military education and training, and other defense-related services to eligible foreign governments by grant, loan, credit, cash sales, or lease. The State Department supervises and directs the U.S. government's security assistance programs, in consultation and coordination with the Defense Department and other government entities.

Procurement Programs Include:

Foreign Military Sales

The Defense Security Cooperation Agency (DSCA) administers the FMS program. The purchasing government pays all costs associated with a sale. Under the program, military articles and services, including training, may be provided from existing Defense Department stocks or from new procurement.

DASA DEC's Regional Desk Officers facilitate U.S. Army FMS programs by processing the necessary policy approvals from U.S. Army, Defense Department and interagency counterparts to ensure compliance with National Security Policy and guidance, and protect U.S. technologies from being transferred to unauthorized parties. Desk officers seek U.S. Army and other sourcing solutions to meet Combatant Command-validated urgent operational requirements and partner nations' delivery timelines; maintain continuous oversight of highly visible/sensitive cases to optimize opportunities to achieve successful outcomes; and play a pivotal role in fostering relationships with all stakeholders.

Excess Defense Articles (EDA)

Under the Foreign Assistance Act (FSS), section 516, once the U.S. Army deems an article to be excess to its requirements, such articles may be available to eligible foreign countries as EDA on an "as-is, where-is" basis, meaning that the purchasing country is required to pay for any refurbishment or transportation costs associated with the acquisition. EDA is an extremely effective program, as it allows the U.S. Army to provide valued defense articles to our partners while reducing costs.

Foreign Military Construction Services (FMCS)

FMCS is a program administered by DSCA and authorized by the Arms Export Control Act (AECA), Section 29 and includes the sale of design and construction services by the U.S. government to eligible purchasers. The construction sales agreement and sales procedures generally parallel those of FMS and are usually implemented by the U.S. Army Corps of Engineers.

International Military Education and Training (IMET)

The IMET program provides financial assistance for training selected foreign military and civilian personnel in the U.S. and some overseas facilities. Recipient countries rely on this grant program and it often serves as the only method to receive training from the U.S. military. At a time of declining defense and foreign aid budgets, IMET advances U.S. objectives on a global scale at a relatively small cost.

More than 12,000 International Military Students (IMS) attend training at U.S. Army institutions annually alongside their U.S. counterparts providing not only the best training available, but an opportunity to develop a deeper understanding of U.S. values and society and develop enduring social and professional bonds with U.S. counterparts. U.S. Army Training and Doctrine Command (TRADOC), Security Assistance Training Field Activity (SATFA) manages foreign military training at U.S. Army institutions.

Training and Technical Assistance Teams

The U.S. Army provides military training to allies and partners at U.S. Army training institutions and by deploying training and assistance teams to the foreign countries. These teams are deployed to foreign countries on a short- or long-term basis depending on the requirements of the FMS case. Teams can be composed of active duty military and civilian personnel and/or contractors depending on case requirements and organizational capability.

Financing Programs include:

Foreign Military Financing Program (FMFP)

FMFP is a program administered by DSCA which consists of Congressionally-appropriated grants and loans, which enable eligible foreign governments to purchase U.S. defense articles, services and training through either FMS or Direct Commercial Sales (DCS) under the provisions of AECA sections 23 and 24.

Leases

The AECA Chapter 6, authorizes the U.S. Army to lease defense articles to friendly governments or international organizations for up to five years (renewable). The law allows the lease of defense articles only for compelling foreign policy or national security reasons and stipulates that the full cost of the lease, with some exceptions, must be borne by the recipient. Leases may be cheaper for the recipient country than purchasing the article outright and can provide a convenient method of obtaining defense articles for temporary use. Lease agreements are associated with an FMS case covering repair, training, supply support and transportation when required.

Per Policy ZN-2014-09 concerning Processing of Supply Discrepancy Reports (SDR) para 3, a memorandum to DSCA through DASA DEC must be prepared and signed by the USASAC CG or designated representative to Director, Security Cooperation Integration and Exports, DASA DEC.

Please email a request for the equipment to: usasac.eda@mail.mil. You should receive a response in 5 business days.

DASA DEC 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 DEC 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 DEC reviews a license request, we may staff it to the cognizant program office and/or laboratory that has an equity in that technology. DASA DEC will consolidate all staffing comments and submit the single U.S. Army input back to State or Commerce.

The first step is to contact DASA DEC 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 DEC 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 DEC on what can be approved before submitting your proviso reconsideration.

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 DEC. 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.

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.

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.

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