ARMY AL&T
Te foreign military sales process begins when an eligible foreign country or international organization makes its request via an LOR for information on defense articles or services, including training, that it is considering purchasing.
After determining that the government may accommodate the articles or services requested in the LOR, the U.S. responds to the foreign country with an LOA.
Te LOA is the legal instrument used by the government to sell defense articles or services to a foreign country or international organization under authorities provided in the Arms Export Control Act. Signed LOAs are also referred to as “FMS cases.”
Acceptance of the LOA occurs when the foreign country’s offi- cial signs the document and provides any required funding to the corresponding FMS Trust Fund. Once accepted, the FMS case is implemented and becomes a government-to-government contract between the purchaser government or international organization and the United States.
Example. Government-to-government contract (sometimes “country-directed contract”):
An LOR has been submitted to the U.S. government by a foreign government for the purchase of an advanced military collective- protection system. As detailed in the LOR, the prime contractor for the system designated by the foreign government is ABC Industries. Te government responds with an LOA.
INTEROPERABILITY IN PRACTICE
A U.S. Soldier assigned to 2nd Battalion, 8th Cavalry Regiment introduces a German soldier to the U.S. M2A1 .50–caliber machine gun Jan. 16 at the Pabrade Training Area, Lithuania. American Soldiers and their German counterparts got hands-on experience with each other’s weapon systems commonly carried onto the battlefield. (Photo by Sgt. Alexandra Shea, U.S. Army)
country or may be deposited from U.S. government appro- priations.
Te process requires that the FMS country issue a letter of request (LOR) for U.S. defense articles or services.
Te U.S. government responds with a letter of offer and accep- tance (LOA). Te LOA is signed, whereupon funds are deposited into the trust fund and executed as a government-to-government contract.
There are five phases to the FMS process: 1. Assistance Request
• Partner country identifies requirements and drafts LOR with input from U.S. combatant commands, security cooperation organizations and implementing agencies.
2. Agreement Development
• Implementing agency prepares security assistance agree- ment with input from partner country.
• Defense Security Cooperation Agency (DSCA) and implementing agency obtain needed U.S. approvals and, when authorized by State, DSCA notifies Congress of proposed cases if required.
• DSCA reviews security assistance agreement and au- thorizes implementing agency to forward it to partner country for acceptance.
https://asc.ar my.mil
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