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  • Question

    Is an EUC required for all Foreign Acquisitions or only if the contractor request one. Is there any guidance from the Army on how DoD Directive#2040.3 is implemented.


    Answer

    DFARS 225.802-71 End use certificates.

     

    Contracting officers considering the purchase of an item from a foreign source may encounter a request for the signing of a certificate to indicate that the Armed Forces of the United States is the end user of the item, and that the U.S. Government will not transfer the item to third parties without authorization from the Government of the country selling the item.  When encountering this situation, refer to DoD Directive 2040.3, End Use Certificates, for guidance.

     

    See the last SOP on EUCs at https://acc.dau.mil/CommunityBrowser.aspx?id=474036.

     

    Category I - see DoDD 2040.3, par 4.3.1 the Army Acquisition Executive may authorize this category

     

    Category II - see DoDD 2040.3, par 4.3.2 rarely used.  An Under Secretary of

    Defense Acquisition, Technology and Logistics (USD(ATL)) notification is required. See DoDD 2040.3, par 6.1.2

     

    Category III - see DoDD 2040.3, PAR 4.3.3 and 6.1.3.  Before issuing the

    Category III End Use Certificate, the Army Acquisition Executive must request a waiver from the USD(ATL).  Execution authority is given only after the USD(ATL) examines the restrictions and prohibitions associated with the acquisition.

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