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IA&E Laws Regulations Policies

There is no shortage of policy and guidance for the Program Manager of an international acquisition program.  He or she must follow the DoD 5000 series guidance for a typical domestic program, and add to that compliance with a number of Executive Orders, Federal Regulations, and DoD Directives, Instructions, and Manuals that implement the International Acquisition and Exportability (IA&E)-related provisions of U.S. statutes in Title 10, Title 22, and other legislation.

The International Acquisition and Exportability Considerations paragraph in DoDI 5000.02 (Enclosure 2, Paragraph 7.a.) requires DoD Component PMs to integrate international acquisition and exportability considerations into their program's Acquisition Strategy at each major milestone or decision point.  DoDI 5000.02 also provides policy guidance regarding exportability, technology protection, and countermeasures in the paragraphs for Acquisition Strategies (Enclosure 2, subparagraph 6.a.(l)) and Program Protection (Enclosure 3, paragraph 13).  The full text versions of the DoDI 5000.02, Defense Acquisition Guidebook, and Joint Capabilities Integration and Development System (JCIDS) documents may be accessed using the hotlinks below:

DoDI 5000.02 - IA&E

Defense Acquisition Guidebook - IA&E

CJSCI 3170.01 and JCIDS Manual - IA&E

 

  
  
  
Summary Description
  
  
  
TSFD Pipes Chart (.pdf version).pdfTSFD Pipes Chart (Aug 2020 Revision)
  
Revised version Department of Defense (DoD) Technology Security and Foreign Disclosure (TSFD) 'Pipes' chart which graphically displays key U.S. Government and DoD TSFD processes.  This updated version adds the Military Intelligence Disclosure Policy (MIDP) process, highlights those TSFD processes that have Interagency and Title 50 Intelligence Community involvement, and shows the respective "pipe" responsibilites of the new USD/Acquisition & Sustainment (A&S) and USD/Research & Engineering organizations
8/19/2020 10:45 PMReference
DoD IA_E and Sec Coop Overview -Short Form pdf - DAU-DSMC-I (Oct 19).pdfDoD Intl Acquisition & Exportability (IA&E) Overview (Oct 19)
  
This Defense Acquisition University IA&E Overview includes a description of the six interrelated IA&E functional areas plus a summary of how IA&E related to DoD Security Cooperation efforts related to DoD acquisition efforts.
10/18/2019 2:53 PMLearning Material
(L04) Policy Update Overview 05032019.pptxACQ 380 IA&E Policy Update (Jun 19)
  
This ACQ 380 International Acquisition & Exportability (IA&E) Policy Update provides a comprehensive overview of recent changes to U.S. Government/DoD laws, regulations, and policies that affect the DoD International Acquisition Career Path (IACP) and USG Security Cooperation communities.
6/26/2019 9:04 AMLearning Material
IAE Laws Regs Policies Reference List w-links.docxIAE Laws, Regulations, and Policies List (Rev 6 - Jan 2018)
  
List of key International Acquisition and Exportability (IA&E) laws, regulations, and policies reference documents (with hyperlinks to the actual documents in this MS Word list).  Provides DoD workforce and supporting industry with easy access to key IA&E reference documents.
1/19/2018 5:04 PMReference
FY 2020 NDAA Section 861 Excerpts (DSMC-I Kenlon) 12-29-19.pdfFY 2020 NDAA Section 861 (DAW) Excerpts (Dec 19)
  
This Section 861 excerpt from the FY 2020 National Defense Authorization Act contains provisions on Defense Acquisition Workforce Certification, Education, and Career Field modifications enacted by Congress and signed into law by the President.
12/29/2019 10:02 PMReference
Certification Guidelines_final_Dec2019.pdfDoD Security Coop Workforce Cert Program Guidelines (Dec 19)
  
These DoD Security Cooperation Workforce Certification Program (SCWCP) Implementation Guidelines (21 pages), which are attached to the DSCA Memo of Dec 23, 2019 on this subject, describe the SCWCP and how it will be implemented by within DoD.  It is a follow-up to the “DoD Final Guidance for the Security Cooperation Workforce Development Program,” which was signed on February 18, 2018.

This Certification Program, a mandatory element of the DoD Security Cooperation Workforce (SCW) Development Program (SCW), will help ensure that DoD personnel assigned to identified positions in the SCW have the training and experience necessary to carry out their responsibilities more effectively.  Implementation of the SCWCP begins on January 1, 2020.
12/27/2019 10:44 PMReference
Memo for Certification Program Implementation 23 Dec 19.pdfMemo - DoD Security Coop Workforce Cert Program (Dec 19)
  
LTG Hooper, Director of the Defense Security Cooperation Agency (DSCA), signed out this Memorandum establishing the DoD Security Cooperation Workforce Certification Program (SCWCP) on December 23, 2019.

This Certification Program implements a required element of the Security Cooperation Workforce Development Program (SCWDP) prescribed by 10 U.S.C. 384 which was enacted FY2017 National Defense Authorization Act.  Implementation will begin on January 1, 2020. 
12/27/2019 10:28 PMReference
DAU ICD Tool -- JROCM 025-19 Learning Content (Jun 19).pdfDAU ICD Tool -- Building Exportability Micro Lesson Chart (Sep 19)
  
This chart -- which is included in the DAU ICD Tool, Section 1 Operational Context Micro Lesson -- provides recommendations on how to address JROCM 025-19 Building Exportability guidance in JCIDS Initial Capabilities Documents (ICDs) for new DoD acquisition programs.

Visit the DAU.mil Requirements Management Community of Practice (RM COP) to access the tool or click on/paste in the following URL

https://www.dau.edu/cop/rqmt/Pages/RM-Tools,-Guide,-and-Videos.aspx
11/7/2019 10:12 AMLearning Material
ACQ202 Int SysAcq IA-E Lesson Summary Sep 19.pdfACQ 202 Intermediate Systems Acq IA&E Summary (Sep 19)
  
DAU's ACQ 202 Intermediate System Acquisition (Part A) online course contains a comprehensive lesson on DoD International Acquisition & Exportability (IA&E) planning and implementation.

This document includes a brief description of the key IA&E international transaction mechanisms: International Cooperative Programs (ICPs); Foreign Military Sales (FMS); Building Partner Capacity (BPC) programs; Direct Commercial Sales (DCS); Acquisition and Cross-Servicing Agreements (ACSAs); and, various types of Hybrid programs established with allied and friendly nations and international organizations.  It also contains hotlinks to six (6) DAU Job Support Tools (JSTs) which provide detailed "how to" information and best practice advice on formulating, establishing, and implementing IA&E transactions.

10/26/2019 10:14 AMLearning Material
State Dept ITAR 126.4 REV -- 4-19-19.pdfState Department ITAR 126.4 Exemption Revision (Apr 19)
  
The State Department published a long-awaited International Traffic in Arms Regulations (ITAR) 126.4 revision in the Federal Register on April 19. 2019.

The previous version ITAR 126.4 was most often used as a DoD International Cooperative Program (ICP) ITAR exemption based on the DoD ITAR Exemption Guidelines issued by the Defense Technology Security Administration (DTSA) in 2004/2007 (Note:  these DTSA ITAR Exemption Guidelines memos are available on this ICOP website.)

In addition to updating and clarifying several areas regarding use of ITAR 126.4 for ICP-related ITAR exemptions, the revised version of ITAR 126.4 also addresses non-FMS Security Cooperation efforts as well as the U.S. Government Customer and Border Protection (CBP) reporting requirements for the use of this exemption.

Consult your DoD Component International Program Organization (IPO) or local Foreign Disclosure Officer (FDO) regarding potential use of the revised ITAR 126.4 provisions in support of your Int'l Acquisition program's implementation.


4/25/2019 10:41 AMReference
International_Acquisition Taxonomy Input - FINAL - 12-5-18 (DSMC-I) (Clean).xlsxDAU Int'l Acquisition & Exportability (IA&E) Taxonomy (Dec 18)
  
DAU (DSMC-Int'l)  was asked to develop an IA&E Taxonomy as part of an overall DAU effort to improve the organization and searchability of all DAU.mil websites.

This MS Excel SS IA&E Taxonomy contains four levels of IA&E terms and definitions based on DoDI 5000.02 and DAG IA&E provisions.  Both the source document(s) for each IA&E term -- and a 'short form' definition for each term -- are included in the Taxonomy.   
12/28/2018 11:02 AMReference
Conventional Arms Transfer Policy Implementation Plan Update (Nov 18).aspxUSG Conventional Arms Transfer Policy (CAT) Implementation Plan Update (Nov 18)
  
The USG CAT Policy Implementation Plan addresses the increasingly competitive global arms sales environment described in the National Security Strategy, and seeks to modernize the U.S. Government’s policies and processes regarding arms transfers.

This updated Dept of State Fact Sheet describes three ongoing CAT Policy Implementation Plan Lines of Effort (LOE) designed to achieve USG CAT Policy goals. Each LOE is supported by a number of tasks that are currently being pursued by the relevant U.S. Government agencies, including USD(A&S), USD(R&E) and the Defense Acquisition Workforce.
11/9/2018 2:15 PMReport
DoD Directive 2040.03 (End Use Certificates).aspxDoDD 2040.03 - End Use Certificates (EUCs) (Chg 1 - Aug 18)
  
DoD Directive 2040.03 provides DoD-wide policy on the approval of End Use Certificates (EUCs) that foreign governments and international organizations require DoD personnel to sign when acquiring foreign-origin defense articles, services, and/or information.
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DepSecDef signed out Change 1 on August 31, 2018.  Change 1  substantially updated the original 1991 version DoDD 2040.03 organizational responsibilities and policy/procedural requirements.
11/5/2018 11:28 AMReference
FY2019 NDAA - Defense Exportability (Excerpt) Sec 223 pdf.pdfFY2019 NDAA - Defense Exportability (Section 223) Excerpt
  
Fiscal Year 2019 National Defense Authorization Act (NDAA) Section 223 (excerpt) that established permanent defense exportability features legislative authority in Title 10 U.S.C. 2358.
10/7/2018 3:40 PMReference
USA001568-18-DPAP (Class Deviation FMS KR Type) - Jun 18.pdfSection 830 FMS Firm Fixed Price Contracting - Class Deviation - DPAP (Jun 18)
  
This Office of SecDef/Acquisition & Sustainment/Defense Procurement & Acquisition Policy (DPAP) Memo of June 28, 2018 provides guidance to the DoD acquisition workforce on the implementation of Section 830 of the FY 2017 National Defense Authorization Act (NDAA) regarding Foreign Military Sales (FMS) Firm Fixed Price (FFP) contracting.

This DPAP Memo authorizes deviations from the Section 830 FMS FFP contracting guidance in two circumstances:

1) The FMS customer nation requests use of a different contract type in writing (which, in normal practice, would most likely be included in the FMS Letter of Request (LOR)).

2) It would be in the best interest of the U.S. and U.S. taxpayers as determined by the "Chief of the Contracting Office" based this DPAP Memo and DFARS PGI 216.403-l(l)(ii)(B) (e.g.., in situations where U.S. and FMS contracting requirements are being combined in a U.S. contracting action using contract type other than FFP to achieve optimal performance, cost, or schedule outcomes for the U.S.)  OSD/A&S/DPAP staff has confirmed that the "Chiefs" of local commands' Contracting Offices within the DoD Components (e.g., the various Army, Navy, and AF acquisition commands that routinely award US and FMS contracts) are authorized to make such determinations.

For further information regarding implementation of this guidance, consult the OSD/A&S/DPAP website, your DoD Component Contract Policy organization, and/or your DoD International Program Organization (IPO) .
7/3/2018 5:56 PMReference
Obs - Insights on US CoC Recommendations (Jun 18).pdfDAU Observations and Insights -- US CoC Recommendations on U.S. CAT Policy
  
This Defense Acquisition University (DAU)/DSMC-Int'l analysis provides observations and insights on U.S. Chamber of Commerce (CoC) recommendations on the revised Conventional Arms Transfer (CAT) Policy published by the White House on April 19, 2018.

The U.S. CoC issued a memorandum on June 8, 2018 with thirty (30) specific recommendations in thirteen (13) different CAT Policy -related areas for consideration by the White House and U.S. Government/Industry national security and defense organizations.
6/24/2018 5:00 PMLearning Material
FY19 SenateDefAuthBill As Passed (HR 5515).pdfFY 2019 NDAA -- Senate Version (Jun 18)
  
The Senate passed its version of the Fiscal Year 2019 National Defense Authorization Act (NDAA) in mid-June.  The International Acquisition and Exportability (IA&E) impact areas include:

Section 1639:  Mitigation of Risks from Foreign Information Technology Providers (Int'l Contracting)

Section 1654:  Israeli Iron Dome, David's Sling, and Arrow 3 Title 10 guidance and funding authorizations (Missile Defense Agency)

Title XVII, Sections 1701 - 1733:  Comprehensive modifications to the USG Committee on Foreign Investment in the US (CFIUS) and Defense Production Act modifications (Tech Security & Foreign Disclosure and Int'l Contracting)

Many observers are also surprised that the Senate failed to act on Administration proposals to change prior year NDAA provisions in the Security Cooperation acquisition and contracting areas that are problematic from a DoD acquisition workforce implementation perspective.

The DoD Security Cooperation community and U.S. industry are awaiting passage of the House Version FY 2019 NDAA to see if their change proposals in this area will be addressed.
6/22/2018 10:20 AMReference
NSPM on Conventional Arms Transfer Policy.aspxNew Presidential Policy on Conventional Arms Transfers
  
The President issued a National Security Presidential Memorandum (NSPM) on the U.S. Government's Conventional Arms Transfer Policy on April 19, 2018.  Most informed observers consider this a more "forward leaning" Conventional Arms Transfer policy than the previous version.  The US Department of State (DoS) also issued a revised US Policy on the Export of Unmanned Aerial Systems on April 19th in support of the Administration's revised Conventional Arms Transfer Policy's implementation (also available on the ICOP).
4/24/2018 9:42 AMReference
US Policy on the Export of Unmanned Aerial Systems.aspxUS Policy on the Export of Unmanned Aerial Systems
  
The US Department of State (DoS) issued a revised policy on the export of Unmanned Aerial Systems -- also called Unmanned Aerial Vehicles (UAVs) or drones -- on April 19, 2018.  The revised DoS UAS export policy was issued in concert with the Administration's revised Conventional Arms Transfer Policy also published on April 19, 2018 (also available on the ICOP).
4/24/2018 9:32 AMReference
DSMC-I Update and Best Practices Overview - Feb 2018 (pdf Version).pdfDSMC-I IA&E Update and  Best Practices Overview (Feb 2018)
  
Most recent Defense Acquisition University (DAU) Defense Systems Management College - International (DSMC-I) presentation on DoD International Acquisition and Exportability (IA&E) Learning Content and Best Practices Overview.  This 'about an hour' IA&E presentation -- which also includes background and reference charts -- is derived from various DAU DSMC-I course lessons and workflow learning materials.
2/17/2018 12:35 PMLearning Material
NSS-Final-12-18-2017-0905.pdfU.S. National Security Strategy (December 2017)
  
The President issued a new National Security Strategy on December 18, 2017. This NSS replaces the earlier version issued in 2015 by the preceding Administration.
12/20/2017 4:47 PMReference
FY18 NDAA Floor Summary Draft vFinal_0 p16.pdfFY18 NDAA Conference Report Summary (Nov 17)
  
Fiscal Year 2018 National Defense Authorization Act (NDAA) Conference Committee Report Summary published on Nov 9, 2017.  The FY 2018 NDAA contains additional provisions on Foreign Military Sales (FMS) and Security Cooperation 'reform' on page 16.  One of the provisions would require DoD to "establish specific milestones and standard timelines" for future FMS transactions.  The Conference Committee version of the FY 18 NDAA is awaiting Congressional and White House action before it becomes law.
11/15/2017 9:45 PMReport
FY 2018 NDAA - CRPT-115hrpt404 11-14-17.pdfFY 18 NDAA - Conference Cmte Version - 11-14-17
  
Fiscal Year 2018 National Defense Authorization Act (NDAA) Conference Committee version text of Nov 14, 2017.
  
- See Section 887 for a new provision on NOTIONAL MILESTONES AND STANDARD TIMELINES FOR CONTRACTS FOR FOREIGN MILITARY SALES.
- There are a number of provisions related to country/region specific Security Cooperation activities, including a new provision in Section 1259A. on NORMALIZING THE TRANSFER OF DEFENSE ARTICLES AND DEFENSE SERVICES TO TAIWAN.
- There is also a new provision, Section 1268., COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON PRICING AND AVAILABILITY WITH RESPECT TO FOREIGN MILITARY SALES that establishes new Congressional reporting requirements in this area

This Conference Committee version of the FY 18 NDAA is awaiting Congressional and White House action before it becomes law.
11/15/2017 9:44 PMReference
IAE Policy Update 08142017.pptxDAU ACQ 380 IA&E Policy Update (Aug 17)
  
This Defense Acquisition University (DAU) International Acquisition & Exportability (IA&E) policy update presentation summarizes FY 2016 and FY 2017 National Defense Authorization Act (NDAA) changes that directly affect Defense Acquisition and Security Cooperation workforce members.
10/19/2017 1:33 PMPresentation
DoDI 5000.02.aspxDoDI 5000.02
  
Department of Defense Instruction (DoDI) 5000.02, "Operation of the Defense Acquisition System" provides the DoD Acquisition Workforce with guidance and direction on the operation of the Defense Acquisition System (DAS).  DoDI 5000.02 has been changed several times over the past year due to legislative modifications to Title 10 acquisition statutes.  As result, we have linked to the Defense Acquisition Guidebook (DAG) main page which provides a link to the latest version of DoDI 5000.02 on the left hand side of the page.
10/18/2017 9:25 AMReference
Defense Acquisition Guidebook Website.aspxDefense Acquisition Guidebook (DAG)
  
The DAG contains guidance on the International Acquisition and Exportability (IA&E) aspects of defense acquisition based on DoD 5000 series policy.
3/31/2017 8:57 AMReference
FMR Vol 12 Ch 9 - Intl Agreements (Published Jan 2019).pdfFMR Vol 12 Ch 9 - Intl Agreements (Jan 2019)
  
Office of SecDef (Comptroller) published a revision to the DoD Financial Management Regulations (FMR) Volume 12, Chapter 9 - International Agreements in January 2019.

This revision is substantially the same as the previous version, but it does contain a few corrections requested by OUSD(A&S)/International Cooperation that will facilitate the International Cooperative Program (ICP) International Agreement review and approval process.

Consult the ICP Job Support Tool -- which can be accessed through this DAU ICOP website -- for detailed information on the ICP Int'l Agreement process.
3/9/2019 11:22 AMReference
USA000140-19 TAB A USD(AS) Cybersecurity in KRs 1-21-19.pdfUSD(A&S) Memo on Cybersecurity in DoD Contracts (Jan 19)
  
This Under Secretary of Defense (Acquisition & Sustainment) Memo of Jan 21. 2019 provides updated guidance to the DoD acquisition workforce on incorporation and implementation of DoD cybersecurity requirements in DoD contracts with private sector entities.  It assigns DCMA primary responsibility for oversight and validation of contractor compliance, noting that (in specific circumstances) other DoD Component organizations may also have oversight and validation responsibilities in contractor cybersecurity oversight.
3/1/2019 9:15 PMReference
USA003377-18 ASD(A) Cyber Security in DoD KRs 12-17-18.pdfASD(A) Memo on Cybersecurity in DoD Contracts (Dec 18)
  
This Assistant Secretary of Defense (Acquisition) Memo of Dec 17, 2018 provides updated guidance to the DoD acquisition workforce on incorporation and implementation of DoD cybersecurity requirements in DoD contracts with private sector entities.  This memo provides guidance and a Statement of Work (SOW) template that should be used by the PM/IPT and Contracting Officer to implement OUSD(A&S) Defense Pricing and Contracting guidance issued on Nov 6, 2018 re: how to assess compliance and ensure the enhanced cybersecurity protections required by DFARS 252.204-7012 are implemented by DoD contractors.
3/1/2019 9:14 PMReference
VAT Impact - Defense Acq Mag Article (Dec 18).aspxVAT Impact on DoD Contracting (Article) - Dec 18
  
DoD routinely awards contracts that expend a substantial amount of money (U.S. and foreign) in foreign countries on products and services that support DoD and international acquisition efforts.

This Defense Acquisition Magazine article provides useful advice on obtaining foreign Value Added Tax (VAT) exemptions to save/avoid unnecessary costs to the U.S. taxpayer and (in some cases) our allied/friendly nation partners/customers.
1/3/2019 5:25 PMLearning Material
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