Security Cooperation Programs Legislation and Policy

1
Security Cooperation ProgramsLegislation and
Policy
2
Lesson Overview

• General Constitutional/Legislative Authorities
• U.S. Foreign Policy and the CATP
• Sanction Authorities
• Congressional Notification Requirements
• Weapons-Specific Restrictions
• Crisis Action Authorities
• Excess Defense Articles
• Building Partner Capacity

3
Security Assistance Legislation

• Arms Export Control Act (AECA)(22 U.S.C. 2751
  et seq.)
• Foreign Assistance Act (FAA)(22 U.S.C. 2151 et
  seq.)
• Foreign Assistance Authorization Act (7022, Div.
  I, P.L.112-74 for FY12)
• State/Foreign Operations Appropriations Act (Div.
  I, P.L.112-74 for FY12)

4
Other Sources of Security Assistance Legislation

• National Defense Authorization Act
• P.L.112-81, 31 Dec 11, for FY12
• Defense Appropriations Act
• Div. A. P.L.112-174 23 Dec 11, for FY12
• Emergency or Supplemental Funding Acts
• None thus far for FY12
• Continuing Resolutions
• Five necessary for FY2012

5
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

6
Foreign Assistance Strategic Framework

• Goal To help build and sustain democratic,
  well-governed states that respond to the needs of
  their people, reduce widespread poverty and
  conduct themselves responsibly in the
  international system.
• Objectives
• (with selected programs)
• Peace and security FMFP, IMET, ESF, INCLE,
  NADR, PKO, ACI, FSA, SEED
• Governing justly and democratically SEED, FSA,
  INCLE, ACI, etc.
• Investing in people ESF, FSA, SEED, ACI, etc.
• Economic growth ESF, SEED, FSA, ACI, etc.
• Humanitarian assistance
• Ref FY12 Congressional Budget Justification

7
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.

PDD 34, 17 Feb 95
8
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
9
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...
10
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
11
Authorized Military Sales / Leases

• To 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

12
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

3, AECA
13
End-Use Monitoring ProgramDSCA Golden Sentry
Program

• President must establish an end-use monitoring
  program for articles and services transferred
  IAW the AECA or FAA.
• DoS Blue Lantern program standards are to be
  used in identifying high-risk exports.
• Designed to provide assurances that
• recipient is complying with USG end-use, third
  country transfer, and security requirements.
• Program is also to provide for end-use
  verification of sensitive technologies vulnerable
  to diversion or misuse.
• 40A, AECA

14
Lesson Overview

• General Constitutional/Legislative Authorities
• U.S. Foreign Policy and the CATP
• Sanction Authorities
• Congressional Notification Requirements
• Weapons-Specific Restrictions
• Crisis Action Authorities
• Excess Defense Articles
• Building Partner Capacity

15
FAA General Prohibitions

• Security Cooperation is prohibited
• for countries which
• Consistently violate internationally recognized
  human rights. 502(B).
• Nationalize / expropriate U.S. property.
  620(e)
• Are communist countries 620 (f).
• Sever diplomatic relations with the U.S.
  620(t)
• Repeatedly provide support for international
  terrorism 620(A)

16
Other General Prohibitions

• Security Cooperation is prohibited
• for a country which
• Prevents a U.S. person from participating in
  furnishing assistance on the basis of race,
  religion, national origin, or sex (666, FAA, and
  5, AECA)
• Deliver/receives nuclear materials or technology
  w/o appropriate international safeguards
  (101-103, AECA)
• Intimidates or harasses individuals in the U.S.
  (6, AECA)
• Has not taken adequate steps to halt drug
  trafficking (490, FAA)
• Violates Use provisions governing transfers
  (505 (d), FAA)

17
Other General Prohibitions

• Security Cooperation is prohibited
• for a country which
• Deposes elected head of government by military
  coup detat or decree (7008, P.L. 112-74)
• Is in default on loan repayments 620(q), FAA,
  and 7012, P.L. 112-74
• Participates in economic boycott of Israel
  (561-565, P.L. 102-236)
• No assistance to countries that recruit or use
  child soldiers (404, P.L.110-457)

18
Other General Prohibitions

• Security Cooperation is prohibited
• for a country which
• Prohibits or restricts the provision of U.S.
  humanitarian assistance (620I, FAA)
• Is not in compliance with minimum standards for
  combating the trafficking in people (110,
  P.L.106-386, as amended)
• Nonpayment of NYC and Wash DC parking tickets and
  property taxes (7055, P.L.111-117)
• Taxation of U.S. assistance (7013, P.L.111-117)

19
Lesson Overview

• General Constitutional/Legislative Authorities
• U.S. Foreign Policy and the CATP
• Sanction Authorities
• Congressional Notification Requirements
• Weapons-Specific Restrictions
• Crisis Action Authorities
• Excess Defense Articles
• Building Partnership Capacity

20
Annual Arms Sales Proposal ReportJavits
Report 25(a)(1), AECA

• Required by Congress NLT 01 Feb each year from
  DoS, with DoD input
• Lists FMS/DCS sales eligible for approval during
  current calendar year.
• Major weapons/weapons-related defense
• equipment greater than 7M
• Any other weapons/weapons-related defense
  equipment greater than 25M
• Identifies most likely and possible sales
• Classified report in two parts FMS DCS
• Generally, no notifications until submitted

21
FMS Notification to Congress

• Foreign Military Sales reporting threshold
• 50M total case value
• 14M Major Defense Equipment (MDE)
• 200M design and construction services
• 100M / 25M / 300M for NATO countries, Japan,
  Australia, New Zealand, Israel, and ROK
• Congressional review period
• NATO/Japan/Australia/New Zealand/Israel/ROK - 15
  days
• Other countries - 30 days (with 20 days informal
  advance notification)
• Congress can adopt joint resolution objecting to
  the sale.

36(b)(1), AECA
22

23
International Traffic in Arms Regulations (ITAR)

• Provides registration / licensing requirements
  for the commercial export of defense articles,
  services, and related technical data.
• Includes the United States Munitions List (USML)
• 30-day notification before removing item from
  list
• Identifies Significant Military Equipment (SME)
• SME requires special considerations because of
  Their capacity for substantial military utility
  or capability
• SME also defined in 47(9), AECA
• Identified by an Asterisk () on the Munitions
  List

22 CFR 120-130
24
Major Defense Equipment
...any item of Significant Military Equipment on
the United States Munitions List having a
nonrecurring research and development cost of
more than 50 million or a total production cost
of more than 200 million.
47, AECA
25
DCS Notification to Congress

• 50M total value or 14M (MDE)
• 100M / 25M for NATO countries, Japan,
  Australia, New
• Zealand, and ROK
• 1M for USML category I items (small arms .50 cal
  or less)
• Congressional review period
• NATO/Japan/Australia/New Zealand/ROK/Israel - 15
  days
• Other countries - 30 days
• Joint resolution objecting to sale
• President may require specific sales be made
  through FMS channels

36(c), AECA
26
Third Country Transfers

• 50M total value or 14M (MDE) (orig. acq. value)
• 100M / 25M for NATO countries, Japan,
  Australia, New Zealand, Israel, and ROK
• Congressional review period
• NATO/Japan/Australia/New Zealand/ROK/Israel - 15
  days
• Other countries - 30 days
• Joint resolution objecting to transfer
• Exempted from congressional review
• Maintenance, repair, or overhaul services
• NATO cooperative cross-servicing or lead nation
  procurement if in 36(b) notification

3(d), AECA
27
Leasing of Defense Articles

• Authority
• Compelling foreign policy or national security
  reasons
• Articles, for the time, not needed for U.S.
  public use
• Effect on U.S. tech/industrial base considered
• Reimbursement of U.S. costs as required
• Lease Agreement
• Fixed duration, not to exceed 5 years
• Plus period of time in excess of 6 months to
  complete major refurbishment work prior to
  delivery
• U.S. may terminate at any time

61-63, AECA
28
Leasing of Defense Articles

• Recipient to pay full cost
• Depreciation (lease agreement)
• PCHT, support, and repair (FMS Case)
• Exceptions to full cost requirement
• Cooperative R D
• Combined exercises
• Comm-Electronics interface projects
• With SecDef national security interest
  determination, beyond three-quarters of normal
  life

29
Leasing of Defense Articles

• Congressional notification
• Required for all leases of one year or longer
• 14M / 50M subject to joint resolution objection
• 25M / 100M for NATO countries, Japan,
  Australia, New Zealand, Israel, and ROK
• Review period before entering into or renewing
  lease
• NATO/Japan/Australia/New Zealand/ROK/Israel - 15
  days
• Other countries - 30 days
• Replacement cost if lost or destroyed
• replacement cost if to be replaced
• actual value if not to be replaced

30
Lesson Overview

• General Constitutional/Legislative Authorities
• U.S. Foreign Policy and the CATP
• Sanction Authorities
• Congressional Notification Requirements
• Weapons-Specific Restrictions
• Crisis Action Authorities
• Excess Defense Articles
• Building Partner Capacity

31
Missile-Related Legislation

• Prohibition on the transfer of Stinger MANPADs to
  any country bordering the Persian Gulf, except to
  replace one-for-one those previously furnished
  and nearing the end of their shelf life.
• 705, P.L. 106-280
• Termination of U.S. assistance to any government
  that knowingly transfers MANPADs to
  state-sponsors of terrorism or terrorist
  organizations
• 12, P.L. 109-472

32
Cluster Munitions

• No military assistance, to include DCS, for
  cluster munitions or related technology, unless
• The sub-munitions do not result in more than 1
  percent in unexploded ordnance, and
• The transfer agreement specifies
• that the munitions will only be used against
  clearly defined military targets, and
• will not be used where civilians are known to be
  present
• 7054(b), P.L.112-74

33
Anti-Personnel LandmineTransfer Moratorium

• Extends moratorium on the sale, transfer, or
  export of such landmines from 23 Oct 92 to 22 Oct
  14
• U.S. Policy Seek verifiable international
  agreements to prohibit the sale, transfer, and
  export of these weapons, and to limit their
  manufacture, possession, and use 634
  (j), P.L. 110-161

34
Landmine and Unexploded Ordnance Clearance

• Clearing of landmines, etc.
• During FY 2012, Nonproliferation, Anti-terrorism,
  Demining, and Related (NADR) Program and FMFP
  funding may be used for landmine and unexploded
  ordnance clearance. Title IV, P.L.
  112-74
• Grant transfer of demining equipment
• For humanitarian purposes
• Available from USAID or State Dept 7054(a)
  , P.L. 112-74

35
Lesson Overview

• General Constitutional/Legislative Authorities
• U.S. Foreign Policy and the CATP
• Sanction Authorities
• Congressional Notification Requirements
• Weapons-Specific Restrictions
• Crisis Action Authorities
• Excess Defense Articles
• Building Partner Capacity

36
Emergency Crisis Management

• 506, FAA / 1961 Special Authority
• Permits drawdownof articles from USGstocks, and
  provision for services and training
• Requires presidential determination/report to
  Congress that
• An unforeseen emergency exists
• Requires immediate military assistance
• Cannot immediately meet requirement under any
  other statutory authority

37
Emergency Crisis Management (cont.)

• 100M annual authorityfor military assistance
  from DoD. 506(a)(1),FAA
• 200M annual authorityfor narcotics,
  refugee,natural disaster, anti-terrorism,
  nonproliferation, and Vietnam MIA/POW
  assistance from any agency.
• 506(a),(2), FAA
• Not more than 75M from DoD
• Not more than 75M for narcotics
• Not more than 15M for Vietnam MIA/POW
• 15-day notification for narcotics and
  anti-terrorism

38
Emergency Crisis Management (cont.)

• 25M of commodities and services annually from
  any agency for unforeseen PKO emergencies.
  552(c)(2), FAA
• 25M of FAA-authorized funding annually for
  unanticipated contingencies. 451(a)(1), FAA
• 30M of commodities and services during FY12 for
  UN war crimes tribunals in former Yugoslavia or
  other such UN SC-established tribunals.
• 7048, P.L.112-74
• Delayed FMS payment 21(d), AECA
• Until delivery,
• Up to 60 days (by DSCA) after
• delivery, or
• Up to 120 days (by the President) after
  delivery.

39
Emergency Crisis Management (cont.)

• Presidential waiver of AECA 15/30-
• day congressional review for
• FMS 36(b), DCS 36(c),
• third country transfers 3(d),
• and leases 62(b).
• Special Authority 614, FAA
• President may authorize assistance without
  regard to FAA, AECA, or related laws
  notification is still required.
• Worldwide, annual ceilings 250M (Credit/
• Grants), 750M (Cash) 50M per country,
• but up to 500M if victim of active aggression.
• Does not create additional monies (current
  appropriations)

40
Lesson Overview

• General Constitutional/Legislative Authorities
• U.S. Foreign Policy and the CATP
• Sanction Authorities
• Congressional Notification Requirements
• Weapons-Specific Restrictions
• Crisis Action Authorities
• Excess Defense Articles
• Building Partner Capacity

41
Excess Defense Articles

• FMS sale at reduced price 21, AECA
• Grant transfer 516, FAA
• For any country justified for such assistance
• Countries identified in a DSCA notification to
  Congress
• Determined preferable over sale because of
  benefit to U.S. foreign policy
• Presidentially determined to have no adverse
  effect on U.S. marketing
• 30-day notification for SME or articles
  originally valued at 7M or more

42
Grant EDA (continued)

• Delivery (transportation) priority for Portugal,
  Greece, Turkey, Israel, Egypt, Jordan, and
  Philippines
• USCG EDA eligible for transfer
• Total aggregate current value transferred
  annually cannot exceed 425M
• Annual report NLT 1 Feb listing SME believed
  likely to be available for transfer as EDA during
  the next 12 months
• 25(a)(13), AECA

43
Grant EDA (continued)

• As is - Where is
• However, PCHT can be waived (DoD-funded) when
• Determined to be in U.S. national interest,
• For a developing country receiving less than 10M
  in FMFP and IMET for the year,
• Transfer does not exceed 50,000 lbs, and
• Completed on space-available basis.
• 516(e)(1), FAA

44
Conditions of Eligibility - Grants

• No defense articles or related training or other
  defense service shall be furnished to any country
  on a grant basis unless the country agrees to the
  following use provisions
• Limits use to government officers, employees, and
  agents
• Does not permit unauthorized transfers
• Does not permit use for purposes other than those
  for which furnished
• Maintains required security
• Will permit observation and furnish information
• Returns equipment to the U.S. when no longer
  needed
• 505a, FAA

45
Lesson Overview

• General Constitutional/Legislative Authorities
• U.S. Foreign Policy and the CATP
• Sanction Authorities
• Congressional Notification Requirements
• Weapons-Specific Restrictions
• Crisis Action Authorities
• Excess Defense Articles
• Building Partner Capacity

46
Train and Equip Afghanistan/Iraq

• 11.6B authorized (and appropriated) during FY11
  for ASFF
• 1510, NDAA, FY11, P.L.111-84
• DoD ASFF appropriation for FY2012 is 11.2B
• Title IX, DoD Approp. Act, FY12,
  P.L.112-74
• DoS funding for FY12 to include continued ESF,
  INCLE, and IMET
• 1.5B authorized (and appropriated) during FY 11
  for ISFF
• 1510, NDAA, FY11, P.L.111-84
• No DoD ISFF funding for FY2012
• DoS funding for FY12 to include FMFP along with
  continued ESF, INCLE, and IMET
• DoD, with concurrence of DoS, may equip, supply,
  support, train, and fund Afghan/Iraqi security
  forces
• eSAMM, C15, pseudo LOA process used for programs
  assigned to DSCA
• Detailed 15-day congressional notification by
  USD(C) prior to obligation
• DoD OM funding generally available through end
  of following fiscal year

47
1206 Building Capacity of Foreign Military
Forces

• Up to 350 million annually of DoD funding for
  providing defense articles, supplies, and
  training to countries
• to conduct C/T operations, or
• to participate in or support military and
  stability operations in which U.S. forces are a
  participant.
• FY12 limited to 100M annually
• No FMFP for past 1206 programs
• to build capacity of a countrys maritime
  security forces to conduct C/T operations
• Not for countries not otherwise eligible by law
  for such assistance
• Normally executed using eSAMM, C15, pseudo LOA
  procedures
• Must be obligated by end of current FY with
  15-day advance notification to Congress
• Expires 30 Sep 2013
• 1206, NDAA, FY06, P.L.109-163, as
  amended

48
1206 Building Capacity of Foreign Military
Forces (cont)

• Authority Obligations
• FY2006 200M 100.0M
• FY2007 300M 273.6M
• FY2008 300M 272.4M
• FY2009 350M 339.9M
• FY2010 350M 340.6M
• FY2011 350M 247.5M
• FY2012 350M
• FY2013 350M ________
  
• Total 2,550M 1,574.0M
• Ref CRS Rpt RS 22855 of 13 Jan 12

49
1206 Building Capacity of Foreign Military
Forces (cont)

• Overall 40 countries, 16 multilateral
• Top Tier (44) Yemen - 252.6M, Pakistan -
  203.4M, Lebanon - 128.5M
• Upper Middle Tier (19) Philippines, Indonesia,
  Bahrain, Malaysia
• Just initial support, no sustainment
• FY11 emphasis was Africa and coalition partners
• Questions
• Effectiveness
• Sustainability
• Timeliness
• DoD military tool or DoS political tool
• Permanent DoD authority or a sub-set of FMFP
• Ref CRS Rpt RS 22855 of 13 Jan 12

50
1207 Global Security Contingency Fund (GSCF)

• Authorizes a program for either DoD or DoS to
  provide equipment, supplies, and training
  assistance to countries designated by SecState,
  with the concurrence of SecDef, to
• Enhance the capabilities of a countys national
  military and other security forces that conduct
  border and maritime security, internal security
  and counterterrorism operations, as well as their
  agencies to
• Conduct such security and counterterrorism
  operations, and
• Participate in or support military, stability or
  peace support operations
• Support the justice sector, rule of law programs,
  and stabilization efforts where determined that
  instability challenges the existing capabilities.
• Any assistance is to be jointly formulated by DoD
  and DoS
• Any USG agency may assign personnel to DoS for
  GSCF purposes
• Any activity is to be 20 funded by DoS and 80
  funded by DoD
• Congress is to be notified prior to any transfer
  of funds and 15 days prior to initiating any GSCF
  activity
• GSCF funds remain avail thru FY15 with the
  program to expire 30 Sep 15
• Sec. 1207, NDAA, FY12, P.L.112-84

51
1207 GSCF Transitional Authority

• Until SecState reports that GSCF procedures are
  in-place and operational, or NLT 30 Sep 12, an
  authority is provided to SecDef, with SecState
  concurrence, to provide equipment, supplies,
  training, and minor milcon assistance to enhance
• Not exceeding 75M, the capacity of national
  military and security forces, and border security
  forces in Djibouti, Ethiopia, and Kenya and to
  the African Union Mission in Somalia to conduct
  C/T ops against al-Qaeda, any of its affiliates,
  and al-Shabaab.
• Not exceeding 75M, the ability of the Yemen MOI
  C/T forces against al-Qaeda and any affiliates in
  Yemen.
• 15-day advance notification is required prior to
  any obligation
• Sec. 1207, NDAA, FY 2012, P.L.112-81

52
Pakistan Security Cooperation

• Pakistan Counterinsurgency Capability Fund (PCCF)
• 850M appropriated to DoS for FAA/AECA assistance
• Remain avail thru FY2013
• Title VIII, S/FOAA, FY2012, P.L.112-74
• SecState authorized to transfer any PCCF funding
  to the DoD PCF account 204, P.L.111-73
• PCCF can be used to fund DoS share (50M) of GCSF
• 472M in agreements during FY2010
• Pakistan Counterinsurgency Fund (PCF)
• 800M appropriated to DoD for security forces
  assistance,
• Remain avail thru FY2012
• Title IX, DoD Approp. Act, FY2012,
  P.L.112-74
• eSAMM, C15, pseudo LOA procedures are normally
  used

53
Acquisition and Cross-Servcing Agreement (ACSA)

• Authorizes DoD, in consultation with DoS, to
  allow the COCOM to negotiate a bilateral
  agreement with a country for reciprocal,
  reimbursable OCONUS logistics and services
  support
• Congressional notification is required prior to
  negotiations
• Originally in 1980 for NATO
• 100 agreements are now in-place worldwide
• Used for non-SME articles and services
• Not to be used when U.S. commercial sources are
  reasonably available
• Reimbursement can be cash, replacement-in-kind,
  or supplies or services of equal value
• 10 U.S.C. 2341-2350

54
1202 Significant Military Equipment (SME)
Loans to Certain Forces

• For combined operations forces in Iraq or
  Afghanistan, or peacekeeping operations forces or
  while training for such deployment
• Only USML Cat. I, II, III, VII, XI, and XIII
  items
• Only when no unfilled U.S. rqmt exists, and with
  SecState national security interest concurrence
• Transfer is subject to provisions of AECA and any
  other military export laws
• The loan cannot exceed one year
• Implemented using Acquisition Cross-Servicing
  Agreements (ACSAs) 10 U.S.C. 2341, et seq. and
  SAMM, C11.1.2
• Expires 30 Sept 2014
• 1202, NDAA, FY07, P.L.109-364, as
  amended

55
1202 Significant Military Equipment (SME) Loans
to Certain Forces

• Applicable U.S. Munitions List (USML) Categories
• Cat I combat firearms .50 cal or less
• Cat II guns greater than .50 cal
• Cat III ammo for cat I and II weapons
• Cat VII military vehicles (less tanks)
• Cat XI military electronics other than fire
  control equipment
• Cat XIII hardware associated with measurement
  or modification of system signatures for
  detection of military articles (SME portion)
• Section 121.1, ITAR

56
1233 Coalition Support Fund (CSF)

• DoD OM authorized thru FY2012 to reimburse key
  countries in support of oversea contingency
  operations
• 1.69B appropriated for FY2012
• Title IX, DoD Approp. Act, FY12, P.L.112-74
• But Pakistan reimbursement authority thru FY2013
• For logistical, military, or other support,
  including access, provided by that nation to or
  in connection with U.S. milops in Iraq or
  Afghanistan
• Other support includes providing training,
  supplies, and equipment on a non-reimbursable
  basis
• Subset program entitled Coalition Readiness
  Support Program (CRSP) implemented using pseudo
  LOAs
• 238M in agreements during FY2010
• SecState concurrence required in consultation
  with OMB
• 1233, NDAA, FY08, P.L.110-181, as amended

57
1234 Logistics Support for Coalition Forces
Supporting Operations in Iraq and Afghanistan

• DoD OM authorized thru FY2012 to provide up to
  450M in DoD OM funding for supplies, services,
  transportation and other log support to coalition
  forces in Iraq and Afghanistan
• 1211, NDAA, FY12, P.L.112-81
• Includes airlift and sealift.
• Applicable export laws are to apply.
• SecDef must determine
• Supported forces are essential, and
• Coalition forces would not be able to participate
  w/o the support.
• 1234, NDAA, FY08, P.L.110-181, as amended

58
1004 DoD assistance for U.S. and foreign C/N
law enforcement agencies

• First authorized by NDAA, FY91, presently
  extended thru FY2014.
• 3.7M in agreements during FY2008
• Authorizes DoD support of provided eqmt,
  construction, base ops, linguists, intel analysis
  svcs, recce, training, transportation, etc. for
  C/N.
• eSAMM, C15, provides pseudo LOA procedures in
  providing this assistance as requested by
  ASD/SOLIC-CN and funded by USD(C).
• 1004, NDAA, FY91, P.L.101-510, as
  amended

59
1033 DoD assistance for C/N activities by
certain countries

• First authorized by NDAA, FY98, presently
  extended thru FY13 with 100M annually
  authorized.
• 5.7M in agreements during FY2009
• Authorizes DoD transfer of patrol boats,
  non-lethal protective and specialized eqmt,
  non-lethal components and parts, and maintenance,
  repair, and upgrade svcs of eqmt used for C/N.
• eSAMM, C15, provides pseudo LOA procedures in
  providing this assistance as requested by
  ASD/SOLIC-CN and funded by USD(C).
• 1033, NDAA, FY98, P.L.105-85, as
  amended

60
1033 DoD assistance for C/N activities by
certain countries

• 13 countries added by Sec. 1006, NDAA, FY12,
  P.L.112-81
• 35 countries now authorized for 1033 C/N
  support
• Afghanistan Ghana Nicaragua
• Armenia Guatemala Nigeria
• Azerbaijan Guinea Panama
• Belize Guinea-Bissau Pakistan
• Benin Honduras Peru
• Bolivia Ivory Coast Senegal
• Cape Verde Jamaica Sierra Leone
• Colombia Kazakhstan Tajikistan
• Dominican Rep Kyrgyzstan Togo
• Ecuador Liberia Turkmenistan
• El Salvador Mauritania Uzbekistan
• The Gambia Mexico
• 1033, NDAA, FY98, P.L.105-85, as
  amended

61
Lesson Summary

• General Constitutional/Legislative Authorities
• U.S. Foreign Policy and the CATP
• Sanction Authorities
• Congressional Notification Requirements
• Weapons-Specific Restrictions
• Crisis Action Authorities
• Excess Defense Articles
• Building Partner Capacity