Applies to sales, credits, and guaranties subsequent to such a determination existing sales, credits, and guaranties need not be terminated When the President finds that any economically less-developed country is diverting development assistance to military expenditures or is diverting its own resources to unnecessary military expenditures to a degree that materially interferes with its development, such country will be immediately ineligible for further sales and guarantees until the President is assured that such diversion will no longer take place. Reasons for Change of Eligibility Status (not inclusive) Questions relating to a country’s current eligibility should be referred to DSCA (Office of International Operations (IOPS)). Details about this process can be found in Section C6.6. If State determines that it is necessary to limit or suspend security assistance (SA) to a particular country, the Director, DSCA, issues instructions to the security cooperation (SC) community. Availability of, or conditions for, waivers are specific to each provision of law. provides reasons that could cause a country to lose its eligibility status. Sales may be suspended, and certain items may not be releasable to the requesting country for policy reasons or requirements of law. An eligibility determination is not a guarantee that a sale will be made. DSCA and any relevant Implementing Agency (IA) should be informed of the request.Ĭ4.1.3.2. Requests should be directed to the State, Bureau of Political-Military Affairs, Office of Regional Security and Arms Transfers (State(PM/RSAT)) at for host-nation funded items and for grant items. Prior DSCA and State approval must be obtained for the sale or lease of defense articles, defense services, or training to foreign organizations and personnel that are not part of the Defense Ministry. Defense articles and services are not generally sold to foreign purchasers under the AECA unless they are part of the national defense establishment, under the direction and control of the ministry responsible for defense matters. Other Factors Determining Eligibility.Ĭ4.1.3.1. Security Cooperation Customer and Regional Codes and Foreign Military Sales EligibilityĬ4.1.3. Security Cooperation Customer and Regional Codes and Foreign Military Sales Eligibility (DSCA/Defense Finance and Accounting Service Reserved) list the FMS country and international organization codes. Questions regarding eligibility should be referred to the DSCA (Office of Strategy, Plans, and Policy (SPP)). 2314), and Arms Export Control Act (AECA) section 3(a) (22 U.S.C. Source: Foreign Assistance Act (FAA) of 1961, as amended, section 505(a) (22 U.S.C. The country or international organization is otherwise eligible to purchase or lease defense articles or defense services. The country or international organization has agreed that it shall maintain the security of such article or service and provide substantially the same degree of security protection afforded to such article by the United States and The country or international organization has agreed not to transfer title to, or possession of, any defense article or related training or other defense service so furnished to it or produced in a cooperative project, to anyone not an officer, employee, or agent of that country or international organization, and not to use or permit the use of such an article or related training or other defense service for purposes other than those for which furnished, unless the consent of the President (Department of State (State)) has first been obtained The President finds that the furnishing of defense articles and defense services to such country or international organization will strengthen the security of the United States and promote world peace Presidential Determination Criteria for Foreign Military Sales Eligibility
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