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IA&E Laws Regulations Policies

There is no shortage of policy and guidance for the Program Manager of an international acquisition program.  He or she must follow the DoD 5000 series guidance for a typical domestic program, and add to that compliance with a number of Executive Orders, Federal Regulations, and DoD Directives, Instructions, and Manuals that implement the International Acquisition and Exportability (IA&E)-related provisions of U.S. statutes in Title 10, Title 22, and other legislation.

The International Acquisition and Exportability Considerations paragraph in DoDI 5000.02 (Enclosure 2, Paragraph 7.a.) requires DoD Component PMs to integrate international acquisition and exportability considerations into their program's Acquisition Strategy at each major milestone or decision point.  DoDI 5000.02 also provides policy guidance regarding exportability, technology protection, and countermeasures in the paragraphs for Acquisition Strategies (Enclosure 2, subparagraph 6.a.(l)) and Program Protection (Enclosure 3, paragraph 13).  The full text versions of the DoDI 5000.02, Defense Acquisition Guidebook, and Joint Capabilities Integration and Development System (JCIDS) documents may be accessed using the hotlinks below:

DoDI 5000.02 - IA&E

Defense Acquisition Guidebook - IA&E

CJSCI 3170.01 and JCIDS Manual - IA&E

 

  
  
  
Summary Description
  
  
  
Obs - Insights on US CoC Recommendations (Jun 18).pdfDAU Observations and Insights -- US CoC Recommendations on U.S. CAT Policy
  
This Defense Acquisition University (DAU)/DSMC-Int'l analysis provides observations and insights on U.S. Chamber of Commerce (CoC) recommendations on the revised Conventional Arms Transfer (CAT) Policy published by the White House on April 19, 2018.

The U.S. CoC issued a memorandum on June 8, 2018 with thirty (30) specific recommendations in thirteen (13) different CAT Policy -related areas for consideration by the White House and U.S. Government/Industry national security and defense organizations.
6/24/2018 5:00 PMLearning Material
IAE Laws Regs Policies Reference List w-links.docxIAE Laws, Regulations, and Policies List (Rev 6 - Jan 2018)
  
List of key International Acquisition and Exportability (IA&E) laws, regulations, and policies reference documents (with hyperlinks to the actual documents in this MS Word list).  Provides DoD workforce and supporting industry with easy access to key IA&E reference documents.
1/19/2018 5:04 PMReference
USA001568-18-DPAP (Class Deviation FMS KR Type) - Jun 18.pdfSection 830 FMS Firm Fixed Price Contracting - Class Deviation - DPAP (Jun 18)
  
This Office of SecDef/Acquisition & Sustainment/Defense Procurement & Acquisition Policy (DPAP) Memo of June 28, 2018 provides guidance to the DoD acquisition workforce on the implementation of Section 830 of the FY 2017 National Defense Authorization Act (NDAA) regarding Foreign Military Sales (FMS) Firm Fixed Price (FFP) contracting.

This DPAP Memo authorizes deviations from the Section 830 FMS FFP contracting guidance in two circumstances:

1) The FMS customer nation requests use of a different contract type in writing (which, in normal practice, would most likely be included in the FMS Letter of Request (LOR)).

2) It would be in the best interest of the U.S. and U.S. taxpayers as determined by the "Chief of the Contracting Office" based this DPAP Memo and DFARS PGI 216.403-l(l)(ii)(B) (e.g.., in situations where U.S. and FMS contracting requirements are being combined in a U.S. contracting action using contract type other than FFP to achieve optimal performance, cost, or schedule outcomes for the U.S.)  OSD/A&S/DPAP staff has confirmed that the "Chiefs" of local commands' Contracting Offices within the DoD Components (e.g., the various Army, Navy, and AF acquisition commands that routinely award US and FMS contracts) are authorized to make such determinations.

For further information regarding implementation of this guidance, consult the OSD/A&S/DPAP website, your DoD Component Contract Policy organization, and/or your DoD International Program Organization (IPO) .
7/3/2018 5:56 PMReference
FY19 SenateDefAuthBill As Passed (HR 5515).pdfFY 2019 NDAA -- Senate Version (Jun 18)
  
The Senate passed its version of the Fiscal Year 2019 National Defense Authorization Act (NDAA) in mid-June.  The International Acquisition and Exportability (IA&E) impact areas include:

Section 1639:  Mitigation of Risks from Foreign Information Technology Providers (Int'l Contracting)

Section 1654:  Israeli Iron Dome, David's Sling, and Arrow 3 Title 10 guidance and funding authorizations (Missile Defense Agency)

Title XVII, Sections 1701 - 1733:  Comprehensive modifications to the USG Committee on Foreign Investment in the US (CFIUS) and Defense Production Act modifications (Tech Security & Foreign Disclosure and Int'l Contracting)

Many observers are also surprised that the Senate failed to act on Administration proposals to change prior year NDAA provisions in the Security Cooperation acquisition and contracting areas that are problematic from a DoD acquisition workforce implementation perspective.

The DoD Security Cooperation community and U.S. industry are awaiting passage of the House Version FY 2019 NDAA to see if their change proposals in this area will be addressed.
6/22/2018 10:20 AMReference
NSPM on Conventional Arms Transfer Policy.aspxNew Presidential Policy on Conventional Arms Transfers
  
The President issued a National Security Presidential Memorandum (NSPM) on the U.S. Government's Conventional Arms Transfer Policy on April 19, 2018.  Most informed observers consider this a more "forward leaning" Conventional Arms Transfer policy than the previous version.  The US Department of State (DoS) also issued a revised US Policy on the Export of Unmanned Aerial Systems on April 19th in support of the Administration's revised Conventional Arms Transfer Policy's implementation (also available on the ICOP).
4/24/2018 9:42 AMReference
US Policy on the Export of Unmanned Aerial Systems.aspxUS Policy on the Export of Unmanned Aerial Systems
  
The US Department of State (DoS) issued a revised policy on the export of Unmanned Aerial Systems -- also called Unmanned Aerial Vehicles (UAVs) or drones -- on April 19, 2018.  The revised DoS UAS export policy was issued in concert with the Administration's revised Conventional Arms Transfer Policy also published on April 19, 2018 (also available on the ICOP).
4/24/2018 9:32 AMReference
TSFD Pipes Chart (.pdf version).pdfTSFD Pipes Chart (April 2018 Revision)
  
Revised version Department of Defense (DoD) Technology Security and Foreign Disclosure (TSFD) 'Pipes' chart which graphically displays key U.S. Government and DoD TSFD processes.  This updated version adds the Military Intelligence Disclosure Policy (MIDP) process, highlights those TSFD processes that have Interagency and Title 50 aspects, and shows the respective "pipe" responsibilites of the new USD/Acquisition & Sustainment (A&S) and USD/Research & Engineering organizations
4/2/2018 6:21 PMReference
DSMC-I Update and Best Practices Overview - Feb 2018 (pdf Version).pdfDSMC-I IA&E Update and  Best Practices Overview (Feb 2018)
  
Most recent Defense Acquisition University (DAU) Defense Systems Management College - International (DSMC-I) presentation on DoD International Acquisition and Exportability (IA&E) Learning Content and Best Practices Overview.  This 'about an hour' IA&E presentation -- which also includes background and reference charts -- is derived from various DAU DSMC-I course lessons and workflow learning materials.
2/17/2018 12:35 PMLearning Material
NSS-Final-12-18-2017-0905.pdfU.S. National Security Strategy (December 2017)
  
The President issued a new National Security Strategy on December 18, 2017. This NSS replaces the earlier version issued in 2015 by the preceding Administration.
12/20/2017 4:47 PMReference
FY18 NDAA Floor Summary Draft vFinal_0 p16.pdfFY18 NDAA Conference Report Summary (Nov 17)
  
Fiscal Year 2018 National Defense Authorization Act (NDAA) Conference Committee Report Summary published on Nov 9, 2017.  The FY 2018 NDAA contains additional provisions on Foreign Military Sales (FMS) and Security Cooperation 'reform' on page 16.  One of the provisions would require DoD to "establish specific milestones and standard timelines" for future FMS transactions.  The Conference Committee version of the FY 18 NDAA is awaiting Congressional and White House action before it becomes law.
11/15/2017 9:45 PMReport
FY 2018 NDAA - CRPT-115hrpt404 11-14-17.pdfFY 18 NDAA - Conference Cmte Version - 11-14-17
  
Fiscal Year 2018 National Defense Authorization Act (NDAA) Conference Committee version text of Nov 14, 2017.
  
- See Section 887 for a new provision on NOTIONAL MILESTONES AND STANDARD TIMELINES FOR CONTRACTS FOR FOREIGN MILITARY SALES.
- There are a number of provisions related to country/region specific Security Cooperation activities, including a new provision in Section 1259A. on NORMALIZING THE TRANSFER OF DEFENSE ARTICLES AND DEFENSE SERVICES TO TAIWAN.
- There is also a new provision, Section 1268., COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON PRICING AND AVAILABILITY WITH RESPECT TO FOREIGN MILITARY SALES that establishes new Congressional reporting requirements in this area

This Conference Committee version of the FY 18 NDAA is awaiting Congressional and White House action before it becomes law.
11/15/2017 9:44 PMReference
IAE Policy Update 08142017.pptxDAU ACQ 380 IA&E Policy Update (Aug 17)
  
This Defense Acquisition University (DAU) International Acquisition & Exportability (IA&E) policy update presentation summarizes FY 2016 and FY 2017 National Defense Authorization Act (NDAA) changes that directly affect Defense Acquisition and Security Cooperation workforce members.
10/19/2017 1:33 PMPresentation
DoDI 5000.02.aspxDoDI 5000.02
  
Department of Defense Instruction (DoDI) 5000.02, "Operation of the Defense Acquisition System" provides the DoD Acquisition Workforce with guidance and direction on the operation of the Defense Acquisition System (DAS).  DoDI 5000.02 has been changed several times over the past year due to legislative modifications to Title 10 acquisition statutes.  As result, we have linked to the Defense Acquisition Guidebook (DAG) main page which provides a link to the latest version of DoDI 5000.02 on the left hand side of the page.
10/18/2017 9:25 AMReference
Defense Acquisition Guidebook Website.aspxDefense Acquisition Guidebook (DAG)
  
The DAG contains guidance on the International Acquisition and Exportability (IA&E) aspects of defense acquisition based on DoD 5000 series policy.
3/31/2017 8:57 AMReference
Memo -Middle Tier of Acq Interim Authority-Guidance_Lord (Apr 18).pdfUSD A&S Memo on Middle Tier of Acq Interim Authority (Apr 18)
  
USD Acquisition & Sustainment (A&S) Ellen Lord issued a Memo providing guidance to the DoD Components regarding the "Middle Tier" of Acquisition Interim Authority and Guidance for Rapid Prototyping/Rapid Development on April 16, 2018.  While this Memo does not contain any specific International Acquisition & Exportability (IA&E) related guidance, it could affect the structure and conduct of International Cooperative Program (ICP) efforts with allied and friendly nations in the future.
4/23/2018 5:32 PMReference
DFARS Part 225.802-71 (End Use Certificates).aspxDFARS Part 225.802-71 - End Use Certificates (EUCs)
  
Defense Federal Acquisition Regulations Supplement (DFARS) eference to DoD Directive 2040.03 which provides DoD-wide policy on the approval of End Use Certificates (EUCs) that foreign governments and international organizations require DoD personnel to sign when acquiring foreign-origin defense articles, services, and/or information.
1/19/2018 10:23 AMReference
DoD Directive 2040.03 (End Use Certificates).aspxDoDD 2040.03 - End Use Certificates (EUCs)
  
DoD Directive 2040.03 provides DoD-wide policy on the approval of End Use Certificates (EUCs) that foreign governments and international organizations require DoD personnel to sign when acquiring foreign-origin defense articles, services, and/or information.
1/19/2018 10:13 AMReference
ATL DPAP Sec 830 Pilot White Paper on FMS Pilot Programs - Aug 17.pdfAT&L DPAP White Paper on FMS Pilot Programs (Aug 17)
  
Office of Under SecDef Acquisition, Technology & Logistics (AT&L) Defense Procurement and Acquisition Policy (DPAP) White Paper on Fiscal Year 2017 NDAA Section 830 Pilot Program legislative authority for implementation of Foreign Military Sales (FMS) Pilot Program accelerated Full Rate Production (FRP) contracting arrangements.
1/8/2018 5:30 PMReference
Section 830 Brief - FFP for FMS - 1 Aug 2017 (Dir DPAP approved).PPTDPAP Briefing on FY 2017 NDAA Section 830 (FFP Contracts for FMS)
  
Per this Office of SecDef (AT&L) Defense Procurement and Acquisition Policy (DPAP) briefing (Aug 2017), DoD Components should know this requirement exists, but wait for an interim or final DFARS rule to initiate action.  In the interim, DoD acquisition programs shuold be executing contracts or choosing a contract type supporting FMS that they would not otherwise execute on behalf of DoD's own requirements.  Sound business clearance processes and file documentation should be now and in the future, key requirements regarding implementing sec 830.
12/2/2017 4:27 PMPresentation
Sec 830 Req to use firm fixed-price contracts for foreign military from CRPT-114hrpt840  FY 17 NDAA.pdfFY 2017 NDAA Section 830 - Use of FFP for FMS Contracts
  
Per Office of SecDef (AT&L) Defense Procurement and Acquisition Policy (DPAP), DoD Components should know this requirement exists, but wait for an interim or final DFARS rule to initiate action.  In the interim, DoD acquisition programs shuold be executing contracts or choosing a contract type supporting FMS that they would not otherwise execute on behalf of DoD's own requirements.  Sound business clearance processes and file documentation should be now and in the future, key requirements regarding implementing sec 830.
12/2/2017 4:21 PMReference
Section-901-FY-2017-NDAA-Report to Congress.pdfReport to Congress on Restructuring the DoD AT&L and Chief Mgmt Officer Organizations (Aug 17)
  
This DoD Report provides Congress with an overview of DoD's Acquisition, Technology, and Logistics (AT&L) and Chief Mgmt Officer reorganization plans.  Page 11 states that AT&L "International Cooperation (IC) will be assigned to USD(A&S), however, the roles and responsibilities assigned to IC will be further assessed pending determination of potential benefit of integrating with Defense Security Cooperation Agency."  No final decision has been made yet regarding this Security Cooperation-related aspect of the AT&L reorganization.
10/25/2017 4:00 PMReport
DEI Policy Reference List R2 - 7-13-17 w-links final.docxDefense Exportability Integration (DEI) Policy Reference List - July 2017
  
Defense Exportability Integration (DEI) Policy reference list for use by Defense Acquisition Workforce personnel.
10/17/2017 2:56 PMReference
trump-global-arms-sale - Politico Article - 9-29-17.pdfAdministration Arms Sales Policy Changes
  
The new Administration has tasked the National Security Council to work with State and Defense to review existing U.S. Government policies and practices in order to relax restrictions and promote expanded arms sales.
10/8/2017 10:25 AMReport
DAG Tools Page - JCIDS Manual.aspxRevised JCIDS Manual -- IA and E Aspects Feb 2015
  
In February 2015 the CJCS published a revised version of the Manual for the Operation of the Joint Capabilities Integration and Development System (JCIDS) which highlights the importance of IA&E in the formulation of DoD requirements for DoD acquisition programs.  In addition to the traditional emphasis on identification of International Cooperative Program (ICP) opportunities and international standardization efforts, the revised JCIDS Manual notes that system attributes should consider "physical and operational security needs, including technology security, foreign disclosure, defense exportability features, and anti-tamper" in order to facilitate future sales and transfer to allied and friendly nations.
9/20/2017 2:47 PMReference
DFARS 217_74.pdfFMS Undefinitized Contracting Action (UCA) Policy Update
  
AT&L Defense Procurement and Acquisition Policy (DPAP) provided an update on 9-18-17 re: an FMS UCA policy change resulting from section 811 of FY 2017 NDAA (Pub. L. 114-328) changes to 10 USC 2326.  This change removes the so-called FMS UCA "exception" in the existing Defense Federal Acquisition Regulations to  Supplement (DFARS).  A report on a proposed draft DFARS rule to implement this legislative change is scheduled for publication in late September 2017.  However, until this DFARS rule is actually issued, DoD Components should continue to follow the existing DFARS guidance re: use of FMS contract-related UCAs.
9/20/2017 1:59 PMReference
20111020 Intl Reporting for MDAP MAIS Programs.pdfInternational Reporting for MDAP and MAIS programs - Memo Spruill - Volkman
  
This October 20, 2011 memo lays out requirements for reporting on international aspects of MDAP and MAIS programs.  There are two attachments to the memo also included in this posting.
New mandatory requirements
12/20/2011 3:02 PMReference
DoDI 2015.4  R and D Info Exchange Program.aspxDoDI 2015.4 - RDT&E Info Exchange Program (IEP)
  
DoD Instruction 2015.4 on DoD's Research, Development, Test and Evaluation (RDT&E) Information Exchange Program (IEP) with allied and friendly nations.
12/28/2017 3:01 PMReference
Law.Cornell.Edu Website.aspxTitle 10 U.S.C. 2350a - Cooperative R&D Agreements
  
Title 10 U.S.C 2350a. provides legislative authority for DoD to enter into International Cooperative Program (ICP) Research and Development (R&D) international agreements with allied and friendly foreign countries as well as NATO organizations.  This is one of the key statutes that provides a legal basis for DoD International Armaments Cooperation (IAC) activities.
10/17/2017 4:22 PMReference
NTIB Change 3Mar2017 v1.pptxNational Technology and Industrial Base NTIB Expansion - Australia and UK
  
Pub. Law 114-328 (FY17 National Defense Authorization Act) modified the definition of the NTIB in 10 USC 2500 to include Australia and the United Kingdom.  The term "national technology and industrial base" means the persons and organizations that are engaged in research, development, production, integration, services, or information technology activities conducted within the United States, United Kingdom of Britain and Northern Ireland, Australia, and Canada.  This presentation provides details on the impact of this U.S. legislative change on DoD international acquisition and contracting policy and practice.
10/17/2017 4:20 PMPresentation
DoDI 5134.17.aspxDoDI 5714.17 Change 1 on DASD DT and E Responsibilities
  
Change 1 (Sep 15, 2015) updates the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation (DASD(DT&E)) responsibilities.  DASD(DT&E) is a key member of the OUSD(AT&L) staff.
Provides DoD acquisition workforce, DoD/USG personnel, and supporting industry with information on DASD(DT&E) responsibilities.
3/20/2017 6:24 PMReference
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