 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 State/Foreign Operations 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

Guidance and Objectives Finding the “Sweet Spot” Strategy prescribes how the nation will apply resources to the pursuit of these interests CCMD Theater Campaign Plan Campaign Support Plan GEF

Source: Strategic Plan Addendum for DoS/USAID

PPD-27, 15 Jan 2014 U.S. Conventional Arms Transfer Policy (CATP)  Arms transfers will remain legitimate instruments for the defense and security policy of responsible nations  U.S. government support will include:  Country team support of U.S. marketing efforts,  Active involvement of senior officials, and  DoD support of international air and trade exhibitions.  Continue to streamline SC and hasten the provision of conventional arms and SA  Assist other suppliers in the development of effective, responsible export control

Arms Transfer Restraint  Unilateral restraint will be made on a case-by- case basis when country behavior is a cause for serious concern, where:  U.S. has substantial lead in weapons technology,  U.S. military edge or regional stability is to be preserved,  U.S. has no fielded countermeasures, or  The transfer would undermine peace and security, serious human rights violations, international humanitarian law, terrorism, transnational organized crime, or indiscriminate use. PPD-27, 15 Jan 2014

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 / 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]

[§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-Use Nuclear Proliferation Human Rights Violations Supporting International Terrorism Illicit Drug Production / Transit COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES REPORT COMMITTEE OF FOREIGN AFFAIRS U.S. HOUSE OF REPRESENTATIVES and the committee on foreign relations u.s. senate by the Department of State COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES REPORT COMMITTEE OF FOREIGN AFFAIRS U.S. HOUSE OF REPRESENTATIVES and the committee on foreign relations u.s. senate by the Department of State FAA AECA Authorization Appropriation Acts Loan $ Repayment OVERDUE Terms and Conditions

 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) 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) Plans, Policy and Analysis (PPA)

 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 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 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 Agency Responsibilities

 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 , 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) Administered by DoD as S.C. Administered by DoS as S.A.

Defense [10 U.S.C.] Defense [10 U.S.C.] State [22 U.S.C.] State SC/SA Programs C/T C/N Afghanistan JCETs IAC ESF NADR INCLE PKO FMS FMFP IMET EDA Leases FMS FMFP IMET EDA Leases DCS Combined Exercises Combined 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]

U.S. FMS Agreements/Deliveries

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]

ISRAEL $3.100B ISRAEL $3.100B FY 2015 FMFP Appropriation FY $5.881B Rest of the world $1.481B Rest of the world $1.481B EGYPT $1.300B EGYPT $1.300B Rest of the world - $1.481B Top other countries Jordan $300M Pakistan 280M Iraq 280M Lebanon 80M FMFP Admin 71M Philippines 40M Colombia 25M Yemen 25M Tunisia 25M Indonesia 14M Georgia 10M Poland 9M Bahrain 7.5M Romania 5.4M Bulgaria 5M

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]

IMET (Cont.)  International Military Education and Training (IMET) [§541, FAA (22 U.S.C. 2347)]  Appropriated to the President and allocated by DoS/FA  Administered by DoD/DSCA in consultation with DoS [DSCA M (SAMM)] Funding  FY2013 appropriation -- $ M [S/FOAA CR, Div. F, Title VII, P.L.113-6]  FY2014 appropriation -- $ M [S/FOAA, Div. K, P.L ]  FY2015 appropriation -- $ M [S/FOAA, Div. J, P.L ]

Direct Commercial Sales (DCS)  Commercial export sales authorized by the AECA to be licensed by State Department  Generally country cash  Not an appropriation [Sec. 38, AECA]

DCS Trend Line 33 Source: Department of State Sec 655 report. FY13 figures not yet available at time of briefing

 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 Programs DoD 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

Afghanistan Security Forces Fund (ASFF) (DoD Approp. Act) Iraq Train and Equip Fund (ITEF) (Sec. 1206, NDAAPCF) Coalition Readiness Support Program (Sec. 1233, NDAA) Global Training and Equipment (Sec. 2282, Title 10) Select BPC Pseudo LOA Programs DoD Counter Narcotics (Sec & 1004, NDAA) BPC East Africa & Yemen (Sec. 1203, NDAA)

 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