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DEFENSE SECURITY COOPERATION AGENCY |
5/4/2001 |
MEMORANDUM FOR :
DEPUTY UNDER SECRETARY OF THE ARMY SUBJECT : Implementation of Changes to the Security Assistance Management Manual (SAMM), Sec 50004 (DSCA 01-11). The attached change to the Security Assistance Management Manual (SAMM) is in response to the United States General Accounting Office report (GAO/NSIAA-99-231, September 1999) which found problems with inadvertent FMS transfers of Missile Technology Control Regime (MTCR) controlled items. The report was critical of the FMS LOA review process with respect to controlling the transfer of items, manufacturing processes and technologies identified under the Missile Technology Control Regime (MTCR) Annex. The GAO report identified instances in which the USG sold MTCR controlled items to a non-MTCR adherent nation without regard to the MTCR guidelines. Although membership in the regime imposes political commitments rather than international legal obligations, the US Congress legislated USG compliance. The audit prompted DSCA to take steps to prevent a recurrence. The first step was to develop and implement new policy to prevent future occurrences. DSCA representatives met with the State Department and MILDEP action officers and determined procedures to ensure that LOAs containing MTCR controlled items are identified and critical information is forwarded to State for vetting prior to LOA countersignature. This change to the SAMM implements these procedures, requiring the MILDEP personnel, trained in the MTCR guidelines, to screen LOAs for MTCR items. The second step was to develop an MTCR course to train MILDEP reviewers and raise the awareness level of MTCR guidelines throughout the security assistance community. We have trained 124 personnel in the MTCR guidelines to date. This change shall be incorporated in the automated version of the SAMM found in the Defense Acquisition Deskbook as SAMM E-Change 24. The DSCA point of contact for MTCR issues is Col John Gross, (703) 604-6625. Our point of contact for the SAMM is Beth Baker, (703) 604-6612. Tome H. Walters, Jr. ATTACHMENT : |
Attachment Paragraph 50004 is added as follows: 50004 MISSILE TECHNOLOGY CONTROL REGIME
Paragraph 70105.L is amended to include the following new paragraph: 15. Missile Technology Control. The following note should be included in all LOAs: Missile Technology Control. Paragraph 2.3 of the Standard Terms and Conditions of this LOA discusses use and transfer restrictions on articles and services provided under this LOA and emphasizes that the Purchaser "shall not use or permit their use for purposes other than those authorized, unless the written consent of the USG has first been obtained." The customer agrees not to divert articles and services received under this LOA for purposes or uses other than those for which furnished to include, but not limited to, use as MTCR equipment or technology as discussed in section 74 of the AECA (22 USC 2797b-2). The USG also reserves the right to take action under section 73(a)(2) of the AECA (22 USC 2797b(a)(2)) in the case of any export or transfer of any MTCR equipment or technology that contributes to the acquisition, design, development or production of missiles in a country that is not an MTCR adherent." |