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Bureau of Political-Military Affairs Office of Regional Security and Arms Transfers http://www.state.gov/t/pm/rsat/ Third Party Transfers Leann Luong June 2013 UNCLASSIFIED • Arms Transfer Decision Process/Policies • What You Need to Know About Third-Party Transfers • New Initiatives Sue Plant Leann Luong [email protected] Team Lead Non-NATO EUR South Central Asia TPT Policy Alcohol, Tobacco, & Firearms [email protected] NATO TPT Outreach National Disclosure Policy TPT Policy MID’s POC Training Ed Richardson David An [email protected] Near East Asia [email protected] East Asia LaTania Barnes Jenny Hoang [email protected] Global Disposals and Displays [email protected] Western Hemisphere U.S. Department of State Law Arms Export Control Act AECA Foreign Assistance Act FAA Regulations and Policies International Traffic in Arms Regulations (ITAR)/Munitions list CAT Policy Security Assistance Guidance/Policy SAMM 4 U.S. Department of State “No defense article or defense service shall be sold or leased by the United States Government…unless- the country agrees not to transfer title to, or possession of, any defense article or related training or other defense service so furnished to it to anyone not an officer, employee, or agent of that country...and not to use or permit the use of such article or related training or defense service for purposes other than those for which furnished unless the consent of the President has first been obtained.” 5 U.S. Department of State The retransfer, sale, disposal, or change in end use of any U.S.-origin defense article(s), service, training, and tech data/access, that was initially obtained via a USG Security Assistance Program, to a third party. Examples of TPTs include: • Transfer of U.S.-origin defense articles, technical data or software to a contractor(s) for support services (integration, maintenance, repair, overhaul, training, etc.); • Transfer or sale of U.S.-origin defense articles to another foreign government; • Demilitarization and/or disposal of U.S.-origin defense articles; • Demilitarization of U.S.-origin defense articles for static display; • Access to its U.S.-origin defense articles for demonstrations or joy rides. 2012 Third Party Transfer Completions: Type of Transfers Permanent Government to Government Transfer Disposal 18% 50% 22% 5% U.S. Department of State Static Display 5% Other (demo, access, ridealongs, etc.) Temporary Private Entity Transfer (integration, maintenance, repair, overhaul, etc.) Government-to-Government Channels Retransfer of Defense Articles Acquired via Direct Commercial Sale (DCS) TPT PM/RSAT Request Retransfer Approval from PM/DDTC Ex: FMS, EDA, MAP, IMET, MOU, drawdown programs Ex: DCS Remember: Origin of Acquisition is Key! FMS RSAT DCS DDTC 8 An Official Request from the Divesting Government A Completed Standard Questionnaire End-Use, Retransfer, and Security Assurances from the Recipient(s) Other Supporting Documentation (equipment lists, technical data lists, etc.) U.S. Department of State – Varies according to the complexity of the case and/or case load – Average time for completion is 50 days – Congressional Notification may add an additional 2-4 months U.S. Department of State NATO Members, Australia, Japan, Korea, Israel and New Zealand 15-Day Formal Notification Period MDE $25 Million Threshold All Other Articles $100 Million Threshold All Other Countries 30-Day Formal Notification Period MDE $14 Million Threshold All Other Articles $50 Million Threshold U.S. Department of State • Governed by Department policy • Presumption of denial • Limited exceptions for entities with proof of government contract or for static display / public good U.S. Department of State End Use Assurances(EUA) from all recipients, including any intermediaries, must be included with the request If recipient is a foreign private entity EUA are required from the Country exercising legal jurisdiction over the P/E recipient aka the ‘COPE’ (Country Over P/E) EUA Blanket Assurance Program 13 Afghanistan Albania Belgium Bolivia Canada Chile Denmark Georgia Hungary Iraq Israel Italy Jordan Lebanon Latvia Lithuania Malaysia Morocco NATO New Zealand Norway Oman Portugal ROK Sweden Turkey Tunisia U.A.E. Yemen 14 U.S. Department of State • SME to private entities with no specific government end user contract. • Aircraft parts to private entities with no specific Government end-user contract (i.e. warehousing or stock). • USML to private individuals (i.e. private collection). • Section 126.1 of the ITAR (prohibited countries). U.S. Department of State • Provide a complete & detailed questionnaire – the more information, the better! • Include ALL private companies that will have access to USML. • Divesting government must obtain the required end-use assurances from recipients before the TPT can be processed. • Allow plenty of time for processing by giving advance notice if possible. • Request/Use RSAT case numbers. • Contact the TPT Team -we’re here to help! U.S. Department of State The transfer, sale, disposal or change in end use of any U.S.-origin defense article without prior USG authorization is a VIOLATION 17 • Electronic transmission of third party transfer requests via the Security Cooperation Information Portal (SCIP). • Increase participation in Blanket End Use Assurance Program. • Possible extension of the Blanket End Use Assurance Program to include Country Over Private Entity assurances. • For “hybrid” cases (defense articles/services supplied via FMS and DCS, e.g., the C-17) – Coordinate with DDTC and RSAT. U.S. Department of State QUESTIONS? U.S. Department of State