1. Policy Update Overview

2. Learning Objectives
Recognize new IA&E related laws, policies, and guidance that affect planning and executing acquisition programs
Recognize recent changes to IA&E laws and policies
Identify applicable DAU job aids

3. Pre-Course Material
IA&E Law, Policy, and Guidance Update PPT Presentation
If you have not reviewed this presentation - please do so!

4. Major Changes
National Security Strategy (NSS) & National Defense Strategy (NDS)
Acquisition Strategy – International Considerations
White House
Conventional Arms
Transfer Policy
Security Cooperation Reform
AT&L Reorganization
Program Protection & Exportability
Defense Acquisition Guidebook (DAG) and DAU Job Support Tools (JSTs)

5. National Defense Strategy Themes
Rebuild readiness and build a more lethal force
Faster delivery of capabilities to the warfighter (innovation & rapid acquisition)
Faster
Strengthen alliances and attract new partners
Reform the Department for greater performance and affordability
Are you seeing any effects in your organization?

6. Conventional Arms Transfer Policy
White House published revised CAT Policy in April 2018
Gov’t “advocacy” of US defense industry sales
USG policy/process “streamlining” to facilitate industry sales activities
USG Unmanned Aerial Systems policy changes
Support
Industry
Implementation plan includes many line of effort (LOEs)
USD(A&S) issued 13 Sep 2018 implementation memo on improving exportability planning
Details available on DAU.mil Int’l Community of Practice (ICOP)

7. Acq Strategy – Int’l Considerations
2016 NDAA (10 USC 2431a (subparagraph (c)(2)(G))
Acquisition Strategy required for “major systems”
Where appropriate Acquisition Strategies to consider International involvement, including FMS and cooperative opportunities
DoDI (2015 revision)
Consider opportunities in the domestic and international markets, foreign disclosure, exportability, technology transfer, and security requirements
Discuss opportunities for cooperative R&D and consideration of FMS
First Mention
of FMS in DoD 5000
Will discuss in IA&E Assessment and Acquisition Strategy lessons

8. AT&L Reorganization 2017 NDAA requires reorganization of AT&L USD(R&E)
Elevate mission of advancing technology & innovation
Foster distinct technology and acquisition cultures
Assign greater responsibility/accountability to Services
Implemented on 1 Feb 2018
Under Secretary
(Acquisition and Sustainment)
USD(A&S)
(Research and Engineering)
USD(R&E)
Director International Cooperation (DIR IC)
DIR IC assigned to USD(A&S)
Also supports USD(R&E)

9. Program Protection & Exportability
DoDI (Enclosure 3 – Systems Engineering)
Program Protection Planning should include planning for exportability and potential foreign involvement
Countermeasures should include anti-tamper, exportability features, security (including cyber, operations, information, personnel, and physical), secure system design, supply chain risk management, software assurance, anti-counterfeit practices, procurement strategies, and other mitigations
Anti-Tamper Technical Implementation Guide (TIG) – Nov 2016
Development programs containing Critical Program Information (CPI) will develop and implement an AT architecture to protect the system if it is ever exported – deviations require AT Service OPR and/or ATEA coordination
Will discuss in Defense Exportability Integration lesson

10. Security Cooperation Reforms
2017 and 2018 NDAAs include a number of Security Cooperation reforms
Codifies new Title 10 Security Cooperation chapter including consolidation of train and equip authorities
Security Cooperation Workforce Development Program (SCWDP)
FMS contracting “reforms” (some of these remain controversial …)
Will discuss SCWDP in DAU Brief and FMS reforms in FMS Sys Acq Lesson

11. No Changes to FY17/18 FMS P&A and FFP Contracting Provisions
FY19 NDAA Changes
Permanent Defense Exportability Features (DEF) legislative authority in 10 U.S.C (Sec 223) – Defense Exportability Integration Impact
FYDP Munitions Assessments for future FMS & FMF (Sec 1067) – FMS Impact
Prohibition on Acquisition of Sensitive Materials from Non-Allied Foreign Nations (Sec 871) – Int’l Contracting Impact
Process to Limit Foreign Access to Technology (Sec 885) – Int’l Contracting Impact
Critical Technologies List for Maintaining National Security Technological Advantage (Sec 1049) – TSFD Impact
Report on USG/DOD Use of Security Cooperation Authorities to counter Malign Influence Campaigns directed at Allies/Friendly Nations (Sec 1206) – Security Cooperation Impact
Technical Amendments Related to NATO Support and Procurement Organization and Related NATO Agreements (Sec 1279) – FMS and ICP Impact
Security Vetting Requirements for Foreign Nationals (Sec 1622) – Int’l Security Impact
Committee on Foreign Investment in the US (CFIUS) (Title XVII, Sec 1701 – 1728) – TSFD & Int’l Contracting Impact
Export Control Reform (Title XVII, Sec 1741 – 1774) – Overall IA&E Impact
No Changes to FY17/18 FMS P&A and FFP Contracting Provisions

12. Defense Acquisition Guidebook (DAG)
AT&L published a comprehensive DAG update in Feb 2017; hosted on new website
Includes more comprehensive guidance on IA&E activities
Program Management (Chapter 1)
International Acquisition and Exportability Considerations (DAG Chapter 1 (paragraph 4.2.8)
Substantial IA&E Supplement provides detailed guidance
Links to IA&E Job Support Tools (JSTs) introduced in ACQ 380 course
Program Protection (Chapter 9)
Exportability Features (DAG Chapter 9 (paragraph 3.2.3)
Check out the new ACQ 160 Program Protection Planning Awareness Course

13. DAU IA&E Job Aids
DAG contains links to new DAU-developed Job Support Tools (JSTs)
International Acquisition & Exportability (IA&E) Assessment
Acquisition Strategy - International Considerations
Defense Exportability Integration
International Cooperative Programs (ICPs)
Foreign Military Sales (FMS) Systems Acquisition
International Business Planning
JSTs contain information on relevant policies, best practice procedures, and key areas for analysis and evaluation
JSTs can be found on the DAU International Acquisition Management Community of Practice (ICoP)

14. Will discuss throughout the week in appropriate lessons
Breaking News
JROC Memo (JROCM , 15 Apr 2019) requires early consideration of defense exportability in the JCIDS process by the DoD requirements management community
Revision to ITAR Section (19 Apr 2019)
Clarifies and expands use of this ITAR exemption for International Cooperative Programs (ICPs) and non-FMS Security Cooperation efforts (e.g., ACSA & Building Partner Capacity)
Details on “how to” implementation aspects are being developed by A&S/IC, DSCA, DTSA, and the DoD Component IPOs
Will discuss throughout the week in appropriate lessons

15. Will discuss these changes throughout the course
Summary
Emphasis on faster delivery of capabilities to the DoD warfighter, allies, and partners
Emphasis on using foreign sales to improve U.S. economic security
Changes in Law and DoD policy call for greater consideration of IA&E (including FMS) in developing Acquisition Strategies
AT&L reorganization implemented in February 2018
Increased emphasis on program protection planning and exportable Anti- Tamper design
SC workforce development/certification program being defined
Congressional interest in “improving” the FMS contracting process
DAG update and new JSTs provide enhanced IA&E guidance
Will discuss these changes throughout the course