11.2.2. Office of the Under Secretary of Defense for Acquisition Technology and Logistics (USD(AT&L))-Related International Agreement Procedures

11.2.2. Office of the Under Secretary of Defense for Acquisition, Technology and Logistics (USD(AT&L))-Related International Agreement Procedures

An International Agreement (IA) is any agreement concluded with one or more foreign governments including their agencies, instrumentalities, or political subdivisions, or with an international organization. The IA delineates respective responsibilities and is binding under international law. IAs are required by U.S. law for all international cooperative projects.

Per DoD Instruction 5000.02 , all AT&L-related international agreements may use the USD(AT&L)-issued streamlined procedures found in this Guidebook and in the International Cooperation in Acquisition, Technology and Logistics Handbook, rather than following the lengthy documentation requirements mandated by DoD Directive 5530.3, "International Agreements."

11.2.2.1. Preparation and Documentation

The following considerations apply to the preparation of and documentation associated with Acquisition, Technology and Logistics-related international agreements:

11.2.2.2. Office of the Under Secretary of Defense for Acquisition, Technology and Logistics (OUSD(AT&L)) Oversight

OUSD(AT&L)/International Cooperation provides the following international agreement oversight support:

• Approves and makes available the following agreement process guidance:
  • Request for Authority to Develop (RAD);
  • Request for Final Approval (RFA);
  • Summary Statement of Intent (SSOI);
  • Arms Export Control Act Section 27 Project Certification format requirements; and
  • DoD International Agreement Generator computer software.
• Approves the following agreement process actions:
  • RADs and RFAs for Memoranda of Understanding (MOU)/Memoranda of Agreement (MOA);
  • Project Agreements and Arrangements;
  • Arms Export Control Act Section 65 Loan Agreements;
  • End-User Certificate (EUC) Waivers;
  • Foreign Military Sales or Direct Commercial Sales of Major Defense Equipment with Letters of Request (LOR) Advisories and Requests for Major Defense Equipment (MDE) Prior to Satisfactory Completion of Operational Test and Evaluation (OT&E) formerly called Yockey Waivers; and
  • DoD Component requests for DoD International Agreement Generator text deviations or waivers requested in RAD and RFA submissions.
• Delegates PA negotiation authority under the Streamlining I Coordination (Approval) Process to specifically designated DoD Components.
• Certifies DoD Component international agreement processes to the Streamlining II standards prior to delegation of RAD/RFA authority to a DoD Component.
• Decertifies a DoD Component international agreement process in the event minimum quality standards are not maintained.
• Resolves RAD/RFA coordination process disputes.
• Oversees the DEF pilot program to include technology protection features during research and development of defense systems under 10 USC 2358.
• Supports satisfaction of the following statutory requirements:
  • Obtains USD(AT&L) determination under 10 U.S.C. 2350a paragraph (b) for all international agreements that rely upon this statute as their legal authority;
  • Notifies Congress of all Arms Export Control Act Section 27 (see 22 U.S.C. Section 2767, "Authority of President to enter into cooperative projects with friendly foreign countries") international agreements a minimum of 30 calendar days prior to authorizing agreement signature; and
  • Conducts interagency coordination with the Department of State, Department of Commerce, and the Department of the Treasury (see 22 U.S.C. 2767 and DoD Directive 5530.3).

11.2.2.3. Coordination Processes

There are two accredited international agreement coordination processes: Streamlining I and Streamlining II.

11.2.2.3.1. International Agreement Streamlining I Process

Office of the Under Secretary of Defense for Acquisition, Technology and Logistics (USD(AT&L))/International Cooperation (IC) uses the following Streamlining I process unless it has delegated coordination authority to the DoD Component:

• Request for Authority to Develop and Negotiate (RAD) Memorandum of Understanding (MOUs) and Memorandum of Agreements (MOAs). The DoD Component prepares the RAD and obtains OUSD(AT&L)/IC approval prior to initiating MOU or MOA negotiations. If applicable, the DoD Component develops and submits Coalition Warfare Program (CWP) funding requests associated with the RAD, in accordance with the CWP Management Plan. OUSD(AT&L)/IC conducts DoD and interagency coordination, as appropriate, using a standard review period of 21 working days, which may expedited at OUSD(AT&L)/IC's discretion.
• RAD Program Authorizations (PAs) and Section 65 Loan Agreements. Unless OUSD(AT&L)/IC delegates PA negotiation authority, the DoD Component prepares a RAD and obtains OUSD(AT&L)/IC approval prior to initiating PA or Section 65 Loan Agreement negotiations. OUSD(AT&L)/IC conducts interagency coordination, as appropriate, using a standard review period of 15 working days, which may be expedited at OUSD(AT&L)/IC's discretion.
• Negotiation. Generally, within 9 months of receipt of RAD authority, the DoD Component negotiates the international agreement in accordance with the provisions of the most recent version of DoD International Agreement Generator.
• Request for Final Approval to Conclude (RFA) MOUs and MOAs. The DoD Component prepares the RFA and obtains OUSD(AT&L)/IC approval prior to signing the MOU or MOA. RFAs for agreements relying upon Arms Export Control Act (AECA) Section 27 as the legal authority for the international agreement will also include a Project Certification. OUSD(AT&L)/IC conducts interagency coordination, as appropriate, based upon a standard review period of 21 working days, which may be expedited at OUSD(AT&L)/IC's discretion. OUSD(AT&L)/IC provides Congress with any required AECA Section 27 notifications.
• RFA PAs and Section 65 Loan Agreements. The DoD Component submits RFAs notifying OUSD(AT&L)/IC of its intention to sign PAs and Section 65 Loan Agreements prior to concluding such agreements. AT&L/IC conducts interagency coordination, as appropriate, based upon a review period of 15 working days, which may be expedited at OUSD(AT&L)/IC's discretion. OUSD(AT&L)/IC provides Congress with any required AECA Section 27 notifications.

11.2.2.3.2. International Agreement Streamlining II Process

Office of the Under Secretary of Defense for Acquisition, Technology and Logistics (USD(AT&L))/International Cooperation (IC) may delegate approval authority for the Request for Authority to Develop and Negotiate/Request for Final Approval (RAD/RFA) for all international agreements associated with programs with a total program value of less than $25M (in FY01 constant dollars) and for Acquisition Category II and Acquisition Category III programs to the DoD Component Acquisition Executive. The DoD Component Acquisition Executive may subsequently re-delegate RAD/RFA authority for programs with a total program value of less that $10M (in FY01 constant dollars) and Acquisition Category III programs to the Head of the DoD Component's international programs organization. The following procedures will apply:

• The DoD Components will obtain the concurrence of their legal, financial management, and foreign disclosure organizations prior to approving RADs/RFAs.
• The DoD Components will forward coordination disputes to OUSD(AT&L)/IC for resolution.
• The DoD Components will send Notices of Intent to Negotiate (NINs) or Notices of Intent to Conclude (NICs) to OUSD(AT&L)/IC for all approved RADs and RFAs. NINs will include the DoD Component's approval document and program Summary Statement of Intent. NICs will also include the final international agreement text to be signed, plus an Arms Export Control Act Section 27 Project Certification, if required. The DoD Components will not sign international agreements until a 15-working-day period (for PAs and Loans) or 21-working-day period (for Memoranda of Understanding) after AT&L/IC receipt of the NIC has elapsed and any required 10 U.S.C. 2350a approval or AECA Section 27 Congressional notification process has been completed.
• OUSD(AT&L/IC) may, at its discretion, decide to waive these rules on a case-by-case basis and require that certain agreements receive specific OUSD(AT&L/IC) approval before conclusion.
• OUSD(AT&L)/IC will use NINs, NICs and other relevant information to verify DoD Component international agreement process quality.
• Generally, within 9 months of receipt of RAD authority, DoD Component personnel will negotiate the international agreement in accordance with the provisions of the most recent version of DoD International Agreement Generator.

11.2.2.3.3. Coordination of Requests for Authority to Develop and Negotiate (RADs), Requests for Final Approval (RFAs), Notices of Intent to Negotiate (NINs), and Notices of Intent to Conclude (NICs) Relating to Nuclear, Chemical, and Biological (NCB) Fields

The Office of the Under Secretary of Defense for Acquisition, Technology and Logistics/International Cooperation coordinates all international agreements (including Memoranda of Understanding, Project Arrangements, other similar agreements) and Information Exchange Program annexes (See IC in AT&L Handbook, Chapter 13.) relating to NCB warfare technologies (including defenses against such technologies) with the Assistant to the Secretary of Defense (Nuclear and Chemical and Biological Defense Programs) prior to approving the agreement. DoD policy requires this coordination for NCB-related RADs for project arrangements under Streamlining I authority, and for NINs and NICs under Streamlining II authority.