General Constitutional/Legislative Authorities DoS and DoD SA/SC organizations Security Cooperation/Security Assistance
Definitions SA Programs Administered as SC SC Programs Building Partner Capacity Programs
Outline
Key Legal and Policy Guidelines for SC
Titles 10 & 22 U.S. Code Arms Export Control Act (AECA)
International Traffic in Arms Regulations (ITAR) Security Assistance Management Manual (SAMM)
Foreign Assistance Act (FAA) National Defense Authorization Acts (NDAAs) DoD and S/FOAA Appropriations Acts
Foreign & National Security Policy Objectives
Congress recognizes ... that Countries ... have valid (defense) requirements ...• To this end, ... [§1, AECA] ...
authorizes sales ... (when) consistent with the Foreign Policy interests of the United States
PDD 34, 17 Feb 95
U.S. Conventional Arms Transfer Policy
Arms transfers continue to be a legitimate instrument of U.S. foreign policy
They are deserving of U.S. Government support when they: Help allies and friends to deter
aggression Promote regional security, and Increase interoperability among allies.
Supporting U.S. Transfers Decisions will be made on a case-by-case
basis Country team may support U.S. overseas
marketing efforts Active involvement by senior USG officials
in promoting sales of particular importance to the U.S.
Support of international air and trade shows when determined to be in the best interest of the U.S.
PDD 34, 17 Feb 95
Authorities for FMS§21(a)(1), AECA - Sales from Stock
“The President may sell defense articles and defense services from the stocks of the [DoD & USCG] to any eligible country...”
§22(a), AECA - Procurement for Cash Sale “The President may enter into contract for the procurement of defense articles or defense services for sale...to any foreign country...”§23(a), AECA - Credit Sales
“The President is authorized to finance the procurement of defense articles, defense services... by friendly foreign countries...”
Recovery of Cost
The FMS program must managed at no cost to the USG (with certain exceptions specifically identified in the AECA)
[§C9.3.1, eSAMM]
Authorized Military Sales / LeasesTo friendly countries solely: For internal security For legitimate self-defense For preventing or hindering the proliferation
of weapons of mass destruction and of the means of delivering such weapons
To permit participation in regional / collective arrangements or measures consistent with the charter of the United Nations
To enable foreign military contribution to public works and civic action programs
[§4, AECA]
[§3, AECA]
Eligibility Requirements for FMS and Leases
Furnishing of defense articles / services must strengthen U.S. security & promote world peace.
No retransfers without Presidential consent No use of articles / services for purposes other
than for which furnished, unless consent of the President has first been obtained.
Recipient to maintain security of such article Country or international organization must
otherwise be eligible to purchase articles
Restraints / Prohibitions Against Furnishing U.S. Assistance
Coup d’Etat
USG Loan Arrearages Unauthorized End-UseNuclear
Proliferation
Human RightsViolations
SupportingInternational
TerrorismIllicit Drug
Production / Transit
COUNTRY REPORTSON
HUMAN RIGHTSPRACTICES
REPORTCOMMITTEE OF FOREIGN AFFAIRSU.S. HOUSE OF REPRESENTATIVES
and thecommittee on foreign relations
u.s. senateby the
Department of StateFAA
AECA
Authorization
Appropriation Acts
Loan $Repayment
OVERDUETerms
andConditions
General Constitutional/Legislative Authorities DoS and DoD SA/SC organizations Security Cooperation/Security Assistance
Definitions SA Programs Administered as SC SC Programs Building Partner Capacity Programs
Outline
State Department SA Responsibilities
General direction of foreign assistance
Program determination by country
Integration of programs to support US national objectives
Secretary of State
Chief, U.S. Diplomatic
Mission
Administrator,U.S. Agency for
International Development (USAID)Director, U.S. Foreign
Assistance (F)
Under Secretary for Arms Control and
International Security Affairs (T)
Senior Defense Official/Defense
Attaché (SDO/DATT)
Security Cooperation Organization (SCO)
Defense Attaché Office (DAO)
Assistant Secretary for Political-Military
Affairs (PM)
Regional Security and Arms
Transfers (RSAT)
Directorate of Defense Trade
Controls (DDTC)
Program execution Procurement of equipment/services Transportation of military articles Conduct of military
training
DoD Responsibilities for SA
Secretary of Defense
Department of the Army
Department of the Navy
Department of the
Air Force
Under Secretary of Defense for Acquisition,
Technology & Logistics (AT&L)
Director, International Cooperation
Under Secretary of Defense for
Policy [USD(P)]
Defense Security Cooperation
Agency (DSCA)
Chairman, Joint Chiefs of Staff
The Joint Staff
Geographic Combatant Commands
(GCCs)
Senior Defense Official/Defense
Attaché (SDO/DATT)
Security Cooperation Organization (SCO)
Defense Attaché Office (DAO)
Lead, resource, and educate the Defense Security Cooperation community to shape, refine, and execute innovative security solutions for partners in support of U.S. interests
Build partner capacities Strengthen defense relationships Facilitate security cooperation program
execution Promote civilian control of military, strong
defense relationships and rule of law Support the interagency process
Defense Security Cooperation AgencyResponsibilities
General Constitutional/Legislative Authorities DoS and DoD SA/SC organizations Security Cooperation/Security Assistance
Definitions SA Programs Administered as SC SC Programs Building Partner Capacity Programs
Outline
• Encourage international partners to work with the U.S. to achieve
strategic objectives
• Includes all DoD interactions with foreign defense and
security establishments, including all DoD-administered S.A.
programs
• Provide U.S. forces with peacetime and contingency access to host
nations
DoDD 5132.03, 24 Oct 08
Security Cooperation
Security Assistance Economic & military
assistance to partner nations under State Department authority
Supports USG foreign policy and national security objectives
Deliverables: Defense articles, services, and training
Terms of Transfer: Sale, grant, loan, or lease
Major Security Assistance Programs
Foreign Military Sales (FMS) Foreign Military Financing
Program (FMFP) International Military
Education and Training (IMET) Emergency Drawdown Leases of Equipment Excess Defense Articles
(EDA)
[SAMM C1.T1]
Direct Commercial Sales (DCS) Economic Support Fund (ESF) Peacekeeping Operations
(PKO) International Narcotics Control
and Law Enforcement (INCLE) Nonproliferation, Anti-
Terrorism, Demining, and Related Programs (NADR)
Administeredby DoD as S.C.
Administeredby DoS as S.A.
Defense[10 U.S.C.]
State[22 U.S.C.]
SC/SA Programs
C/T C/NAfghanistan
JCETsIAC
ESF
NADR
INCLE
PKO
FMSFMFPIMETEDA
Leases
DCSCombined Exercises
HA/HDA
General Constitutional/Legislative Authorities DoS and DoD SA/SC organizations Security Cooperation/Security Assistance
Definitions SA Programs Administered as SC SC Programs Building Partner Capacity Programs
Outline
Foreign Military Sales (FMS) Sales authorized by the AECA from
DoD stock or through DoD procurement of defense articles and services (including training)
Either country cash or USG-provided credit
[Sec. 21 & 22, AECA]
Foreign Military Financing Program (FMFP)
Furnishes FMS financial grants or loans authorized by the AECA to enable eligible foreign governments to purchase U.S. defense articles and services
Annual appropriation by Congress Allocated by DoS, administered by DSCA
as SC[Sec. 23, AECA]
Rest of the world - $1.086B
TOP TWENTY
Jordan$299MPakistan 295MLebanon 75MFMFP Admin 56MColombia 48MPoland 34MIndonesia 20MYemen 20MTunisia 17MOman 17MWest Hemi 16MGeorgia 16MBahrain 15MPhilippines 15MRomania 13MUkraine 9MBulgaria 9MMorocco 9MMexico 8MLiberia 7M
FY 2011 Total = $5.374B
ISRAEL$2.994B
FY 2011 FMFP Allocations
FY2012 -- $6.3102B
EGYPT$1.294B
Rest ofThe World$1.086B
International Military Education and Training (IMET)
Military training authorized by the FAA on a grant basis to foreign military and related civilian personnel for training both in the U.S. and in overseas facilities
Annual appropriation by Congress Allocated by DoS, administered by
DSCA as SC[Sec. 541, FAA]
FY 2005-2011 IMET Programs($ in millions)
Funding Levels
No. Of Countries
No. Of Students
FY 11
$106.79
130
na
FY 05
$89.01
102
7,981
FY 06
$85.88
107
7,998
FY 07
$85.88
127
8,622
FY 08
$ 85.18
140
6,015
FY 09
$ 93.00
138
5,690
FY 10
$108.00
145
na
FY2012 -- $105.788M
Direct Commercial Sales(DCS)
Commercial export sales authorized by the AECA to be licensed by State Department
Generally country cashNot an appropriation
[Sec. 38, AECA]
General Constitutional/Legislative Authorities DoS and DoD SA/SC organizations Security Cooperation/Security Assistance
Definitions SA Programs Administered as SC SC Programs Building Partner Capacity Programs
Outline
Traditional CCDR Activities (TCA) Combined Exercises JCETs (Special Operations training) Combating Terrorism Fellowship Program
(CTFP) Counter-Narcotics Assistance DoD Regional Centers for Security
Studies Equip and Train for Afghanistan National Guard State Partnership Program Global Support Contingency Fund (GSCF) International Armaments Cooperation Building Partner Capacity (Section 1206, NDAA) Humanitarian Assistance and Demining Assistance
-- DISAM Textbook, Chapter 1
Selected DoD SC ProgramsDoD Authorized
General Constitutional/Legislative Authorities DoS and DoD SA/SC organizations Security Cooperation/Security Assistance
Definitions SA Programs Administered as SC SC Programs Building Partner Capacity Programs
Outline
Building Partner Capacity (BPC) Programs
Programs that use the FMS infrastructure to administratively manage the transfer of articles and services
Funded with USG appropriations Does not apply to FMS cases funded
with country or FMF funds Typically 1-2 years to obligate funds
Building Partner Capacity Programs-What For??
Allows the DoD & DoS to focus in on building security sector capacities of partner nations and to enhance capabilities to conduct: Counter Narcotics operations Counter Terrorism operations Peacekeeping Support operations Support US forces conducting stability
operations in PK, AF, etc
Peacekeeping Operations (PKO),(Section 551, FAA)
Global PeacekeepingOperations Initiative (GPOI)
(component of PKO)
Afghanistan SecurityForces Fund (ASFF) (DoD Approp. Act)
Pakistan Counterinsurgency Fund/Counterinsurgency Capability Fund
(PCF/PCCF)
Coalition ReadinessSupport Program (Sec. 1233, NDAA)
Global Training and Equipment (Sec. 1206, NDAA)
BPC Pseudo LOA Programs
DoD Counter Narcotics(Sec. 1033 & 1004, NDAA)
Global Security Contingency Fund (Sec. 1207, NDAA)
BPC East Africa & Yemen (Sec. 1203, NDAA)
SAMM C15.1.4
DoD-FundedNon-DoD Funded
General Constitutional/Legislative Authorities DoS and DoD SA/SC organizations Security Cooperation/Security Assistance
Definitions SA Programs Administered as SC SC Programs Building Partner Capacity Programs
Summary