11.2.3. Acquisition and Cross-Servicing Agreements (ACSAs)
ACSAs are bilateral international agreements that allow for the provision of cooperative logistics support under the authority granted in 10 U.S.C. Sections 2341-2350. They are governed by DoD Directive 2010.9, "Acquisition and Cross-Servicing Agreements" and implemented by CJCS Instruction 2120.01B, "Acquisition and Cross-Servicing Agreements." ACSAs are intended to provide an alternative acquisition option for logistics support in support of exercises or exigencies.
11.2.3.1. Types of Acquisition and Cross-Servicing Agreements (ACSAs) Authorities
Title 10 of the United States Code provides two legal authorities for foreign logistic support, supplies, and services: an Acquisition-only Authority, and a Cross-Servicing Authority, which includes an acquisition authority and a transfer authority.
Acquisition-Only Authority. 10 U.S.C. Section 2341, "Authority to acquire logistic support, supplies, and services for elements of the armed forces deployed outside the United States," authorizes elements of the U.S. Armed Forces, when deployed outside the United States, to acquire logistic support, supplies, and services from eligible foreign entities on a reimbursable basis. The authority is not reciprocal and does not require the existence of a cross-servicing agreement or implementing arrangement. This is a very limited authority that has been mainly supplanted by the use of broader authorities in ACSAs. Acquisition-only authority may be used with the governments of NATO members, NATO and its subsidiary bodies, the United Nations Organization, any regional organization of which the United States is a member, and any other countries which meet one or more of the following criteria:
- Has a defense alliance with the United States;
- Permits the stationing of members of the U.S. armed forces in such country or the home porting of naval vessels of the United States in such country;
- Has agreed to preposition materiel of the United States in such country; or
- Serves as the host country to military exercises which include elements of the U.S. armed forces or permits other military operations by the U.S. armed forces in such country.
Cross-Servicing Authority. 10 U.S.C. 2342, "Cross-servicing agreements," authorizes the Department of Defense, upon coordination with the Secretary of State, to conclude reciprocal agreements with foreign countries and regional and international organizations for the provision of logistics, support, supplies and services. A current listing of these agreements and countries and organizations eligible to negotiate them is maintained by the Director for Logistics, The Joint Staff (J-4). DoD Directive 2010.9 provides the official process for nominating countries for eligibility for such agreements as well as for concluding them.
11.2.3.2. Permitted and Prohibited Uses of Acquisition and Cross-Servicing Agreements (ACSAs)
ACSA is for the transfer of logistics, support, supplies, and services only. Per Section 4.5 of DoD Directive 2010.9, items that may not be acquired or transferred under ACSA authority include weapons systems; the initial quantities of replacement and spare parts for major end items of equipment covered by tables of organization and equipment, tables of allowances and distribution, or equivalent documents; and major end items of equipment. Specific items that may not be acquired or transferred under ACSA authority include guided missiles; naval mines and torpedoes; nuclear ammunition and included items such as warheads, warhead sections, projectiles, and demolition munitions; guidance kits for bombs or other ammunition; and chemical ammunition (other than riot control agents). General purpose vehicles and other items of non-lethal military equipment not designated as Significant Military Equipment on the United States Munitions List promulgated pursuant to 22 U.S.C. 2778, may be leased or loaned for temporary use. Specific questions on the applicability of certain items should be referred to the Combatant Command's legal office for review and approval.
11.2.3.3. Repayment of Acquisition and Cross-Servicing Agreement (ACSA) Obligations
In addition to the use of cash and subject to the agreement of the parties, ACSA obligations may be reconciled by either Replacement-in-Kind or Equal Value Exchange. ACSA obligations not repaid by Replacement-in-Kind or Equal Value Exchange automatically convert to cash obligations after one year.
Replacement in Kind (RIK). RIK allows the party receiving supplies or services under the ACSA to reconcile their obligation via the provision or supplies and services of an identical or substantially identical nature to the ones received. As an example, a country may provide extra water to the United States during a training exercise with the proviso that the United States will provide the same amount of water during a future exercise.
Equal Value Exchange (EVE). EVE enables the party receiving supplies or services under the ACSA to reconcile their obligation via the provision of supplies or services that are considered to by both parties to be of an equal value to those received. As an example, a country may provide extra water to the United States during a training exercise in exchange for the United States providing extra ammunition.
11.2.3.4. Acquisition and Cross-Servicing Agreement (ACSA) Implementation
DoD Directive 2010.9 and CJCS Instruction 2120.01B provide management guidance on initiating ACSA orders, receiving support, reconciling bills, and maintaining records. As this is a Combatant Command-managed program, organizations interested in acquiring logistics, support, supplies and services should work through the applicable logistics branch to receive further guidance on this topic.
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