DEFENSE SECURITY COOPERATION AGENCY |
8/4/2009 | |
MEMORANDUM FOR : SEE DISTRIBUTION SUBJECT : Responses to Industry Requests for Foreign Military Sales (FMS) Support Relating to Direct Commercial Sales (DCS), DSCA Policy 09-32 [SAMM E-Change 137] The United States Government (USG) has an interest in working with industry to develop and deliver military capabilities to foreign countries that support our common defense, whether through FMS or DCS. Advance planning and coordination are essential in situations involving responses that combine both FMS and DCS elements, particularly when those situations originate through DCS channels. Over the last several years, there have been instances when industry has asked the USG to provide FMS support in the form of equipment, training, or services in order to be able to fulfill the terms of a DCS contract that had already been signed. Industry is not authorized to make commitments on behalf of the USG, and the USG cannot be held liable for inability to provide support in conjunction with DCS even if requested by the FMS purchaser. This applies whether or not the DCS contract has been signed. Examples of such support include, but are not limited to, airworthiness certification, training in U.S. military schools, aircraft ferrying, refueling services, and the provision of equipment or components available only through FMS channels. To ensure that such situations do not occur, it is in industry's interest to advise the foreign purchaser that FMS articles or services will be required for the foreign purchaser to effectively utilize and sustain equipment being purchased through DCS and the foreign purchaser must submit a Letter of Request to obtain this support. Industry should inform DSCA and the relevant Implementing Agency of the possibility of a requirement for FMS articles or services. Security Cooperation Officers providing support to U.S. companies in-country should be alert to the need for the foreign country to submit a Letter of Request and remind the foreign counterparts and company representatives of this requirement. Chapters 4 and 5 of the Security Assistance Management Manual (SAMM) have been updated to provide additional guidance on the importance of advance coordination in circumstances involving FMS support in conjunction with DCS. If you have any questions concerning this policy or the SAMM, please contact Ms. Kathy Robinson, DSCA-STR/POL, at (703) 601-4368 or e-mail: kathy.robinson@dsca.mil. Jeffrey A. Wieringa ATTACHMENT : DISTRIBUTION :
DEPUTY UNDER SECRETARY OF THE AIR FORCE CC :
STATE/PM-RSAT |
Responses to Industry Requests for Foreign Military Sales (FMS) Support Relating to Direct Commercial Sales (DCS) - SAMM E-Change 137
|