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01/09/08 Security Cooperation Programs
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01/09/08 Lesson Outline U.S. Code and Statutes Title 22 Security Assistance administered by DoS Title 22 Security Assistance administered by DoD Title 10 Train and Equip International Armaments Cooperation Humanitarian Assistance Training and Education Combined Exercises Military-to-Military Contact Programs
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01/09/08 U.S. Code and Statutes Codification of general and permanent laws into fifty subject areas or titles 10 U.S.C. -- “Armed Forces” 22 U.S.C. -- “Foreign Relations and Intercourse” 14 U.S.C. -- “Coast Guard” Sec. 23, AECA, for Foreign Military Financing Program (FMFP) is codified as 22 U.S.C.2763 Proposed 51 U.S.C. to “Security Capacity-Building, Stabilization, and Conflict Prevention” for DoS, USAID, and DoD Until then, FY2012 Appropriations Acts use “Overseas Contingency Operations”
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01/09/08 U.S. Code and Statutes Authorization Act (e.g., NDAA, FY20xx) Provides authority for programs Provides authority for appropriations, sometimes with earmarks Considered authorized w/o expiration unless stated otherwise Usual method to amend 10 U.S.C. NDAA, FY2012, P.L.112-81, 31 Dec 11 No DoS or foreign assistance authorization enacted since FY1985 -- Authorization language within the FAA, AECA, and the annual S/FOAA NDAA has sometimes been used to amend 22 U.S.C.
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01/09/08 U.S. Code and Statutes Security Assistance authorities and appropriations come from 22 U.S.C. and the annual S/FOAA FAA is codified as 22 U.S.C. 2151 – 2431 Delegation authority by E.O. 12163, 29 Sep 79, to State, USAID, and Defense AECA is codified as 22 U.S.C. 2751 – 2799 Delegation authority by E.O. 11958, 18 Jan 77, to State and Defense Security Cooperation program authorities come from 10 U.S.C. or the annual NDAA Security Assistance programs administered by DoD/DSCA as S.C. programs are located in 22 U.S.C. Most S.C. programs require either DoS or applicable COM concurrence or coordination with congressional notification prior to execution
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01/09/08 U.S. Code and Statutes Appropriations Acts provide “real money” DoD Appropriations Act, 2012, Div. A, P.L.112-74, 23 Dec 2011 State/Foreign Ops and Related Programs Appropriations Act, 2012, Div. I, P.L.112-74, 23 Dec 2011 Availability (obligation) and expenditure dates are generally included Twelve appropriations acts are annually required Consolidated (omnibus) acts are becoming normal Continuing resolutions (CRs) are required after 30 Sep FY2012 required five CRs
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01/09/08 Defense [10 U.S.C.] Defense [10 U.S.C.] State [22 U.S.C.] State Security Cooperation Programs C/T C/N Iraq/Afghan JCETs IACP ESF NADR INCLE PKO FMS FMFP IMET EDA Leases FMS FMFP IMET EDA Leases DCS Combined Exercises Combined Exercises HA/HDA
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01/09/08 Lesson Outline U.S. Code and Statutes Title 22 Security Assistance administered by DoS Title 22 Security Assistance administered by DoD Title 10 Train and Equip International Armaments Cooperation Humanitarian Assistance Training and Education Combined Exercises Military-to-Military Contact Programs
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01/09/08 S.A. Programs Administered by Department of State Direct Commercial Sales (DCS) Administered by DoS in consultation with DoD/DTSA Implemented and managed by PM/DDTC with the ITAR [§38, AECA (22 U.S.C. 2778)] [ITAR – 22 C.F.R. 120-130] Defense articles licensed during FY2010 for export -- $36B Defense services licensed during FY2010 for export -- $87B Note: Licenses are normally valid for a 4 year period and do not always take place
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01/09/08 Direct Commercial Sales Trends 10
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01/09/08 S.A. Programs Administered by Department of State Economic Support Fund (ESF) Administered by U.S. AID Authorizes funding assistance as determined by SecState to countries or organizations promote economic or political stability [§§531-533, FAA (22 U.S.C. 2346)] FY2011 appropriation -- $5.932B [§2109, S/FOAA, FY2011, P.L.112-10] FY2012 appropriation -- $5.761B [Title III, S/FOAA, FY2012, P.L.112-74]
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01/09/08 S.A. Programs Administered by Department of State Nonproliferation, Anti-terrorism, Demining and Related (NADR) Programs Administered by DoS/ISN Authorizes funding assistance to countries and organizations to enhance law enforcement personnel to deter terrorists and to halt the proliferation of chem, nuc, and bio weps and conventional weaponry [§§571-575 & §§581-586, FAA (22 U.S.C. 2349aa & 2349bb)] FY2011 appropriation -- $1.594B [§2111, S/FOAA, FY2011, P.L.112-10] FY2012 appropriation -- $710.8M [Title IV, S/FOAA, FY2012, P.L.112-74]
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01/09/08 S.A. Programs Administered by Department of State International Narcotics Control and Law Enforcement (INCLE) Administered by DoS/INL Authorizes funding assistance to countries and international organizations for the control of narcotic and psychotropic drugs, and other controlled substances, and for other anticrime purposes [§§481-490, FAA (22 U.S.C. 2291)] FY2011 appropriation -- $1.594B [Title IV, S/FOAA, FY10, P.L.111-117 (CR into FY11] FY2012 appropriation-- $2.045 [Title IV, S/FOAA, FY2012, P.L.112-74]
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01/09/08 S.A. Programs Administered by Department of State Peacekeeping Operations (PKO) Administered by DoS/PM Authorizes funding assistance to friendly countries and international organizations for peacekeeping operations and other programs [§§551-554, FAA (22 U.S.C.2348)] FY2011 appropriation -- $304M [§2111, S/FOAA, FY2011, P.L.112-10] FY2012 appropriation -- $383.8M [Title IV, S/FOAA, FY2012, P.L.112-74] Program of note: Global Peace Operations Initiative (GPOI) began in 2005 by the G-8 to establish 75K peacekeepers worldwide. Current emphasis is equipment and training sustainment
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01/09/08 S.A. Programs Administered by Department of State Third Party Transfer Authority Administered by DoS/PM/RSAT or DDTC [§3, AECA (22 U.S.C. 2753)] Drawdown Authority Authorized only by the President, to be administered by DoS, and likely implemented by DoD/DSCA [§506, FAA (22 U.S.C. 2318)] [PKO- §552(a)(2), FAA (22 U.S.C. 2348a2)] [War Crimes Tribunals - §7048, S/FOAA, FY12] Special Authorities Authorized only by the President, to be administered by DoS, and likely implemented by DoD/DSCA [§614, FAA (22 U.S.C. 2364)]
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01/09/08 Defense [10 U.S.C.] Defense [10 U.S.C.] State [22 U.S.C.] State Security Cooperation Programs C/T C/N Iraq/Afghan JCETs IACP ESF NADR INCLE PKO FMS FMFP IMET EDA Leases FMS FMFP IMET EDA Leases DCS Combined Exercises Combined Exercises HA/HDA
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01/09/08 Lesson Outline U.S. Code and Statutes Title 22 Security Assistance administered by DoS Title 22 Security Assistance administered by DoD Title 10 Train and Equip International Armaments Cooperation Humanitarian Assistance Training and Education Combined Exercises Military-to-Military Contact Programs
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01/09/08 Activities undertaken by DoD to encourage and enable international partners to work with the U.S. to achieve strategic objectives. It includes all DoD interactions with foreign defense and security establishments, including all DoD-administered S.A. programs, that: build defense and security relationships that promote specific U.S. security interests, including all international armaments cooperation and S. A. activities; develop allied and friendly military capabilities for self-defense and multinational operations; and provide U.S. forces with peacetime and contingency access to host nations. DoDD 5132.03, 24 Oct 08 Security Cooperation
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01/09/08 Title 22 S.A. Programs Administered by DoD as S.C. Foreign Military Sales (FMS) Authorities DoD/USCG Inventory [§21, AECA (22 U.S.C. 2761)] DoD Procurement [§22, AECA (22 U.S.C. 2762)] Military Design and Construction Services [§29, AECA (22 U.S.C. 2769)] Administered by DoD/DSCA using the FMS case LOA process, under continuous supervision and general direction of State/PM/RSAT [DoDD 5105.38-M (SAMM)] Source of Funds Mostly partner nation cash, or U.S. credit to include FMFP, PCCF, or DoD O&M (using the pseudo LOA process)
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01/09/08 U.S. FMS Agreements/Deliveries Dollars in billions Fiscal Years Source: DSCA: 1200 System, as of Jan 2012 08031001020407050609 0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 9.9 11.8 12.6 10.5 12.7 27.2* 12.1 18.7 36 38 40 42 44 46 48 50 13.5 21.0 23.3 38.1 13.2 12.5 10.6 36.4 31.6 Total Sales FMS Sales (note: Total & FMS Sales tracked separately after FY04) Deliveries (note: figure for FY09 also includes pseudo FMS deliveries from prior FYs) 13.0 11.4 20.2 32.9 11 18.3 19.5 31.6 29.2 25.2 28.3 9.8
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01/09/08 Title 22 S.A. Programs Administered by DoD as S.C. Foreign Military Financing Program (FMFP) [§23, AECA (22 U.S.C. 2763)] Appropriated to the President and allocated by DoS/FA Administered by DoD/DSCA in consultation with DoS/FA and USD(C) to fund the purchase of defense articles and services [DoDD 5105.38-M (SAMM)] Normally used to fund FMS cases FY2011 appropriation -- $5.374B [§2112, S/FOAA, FY2011, P.L.112-10] FY2012 appropriation -- $6.312B [Title IV, S/FOAA, FY2012, P.L.112-74]
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01/09/08 Rest of the world - $1.086B TOP TWENTY Jordan$299M Pakistan 295M Lebanon 75M FMFP Admin 56M Colombia 48M Poland 34M Indonesia 20M Yemen 20M Tunisia 17M Oman 17M West Hemi 16M Georgia 16M Bahrain 15M Philippines 15M Romania 13M Ukraine 9M Bulgaria 9M Morocco 9M Mexico 8M Liberia 7M FY 2011 Total = $5.374B ISRAEL $2.994B ISRAEL $2.994B FY 2011 FMFP Allocations FY2012 -- $6.312B EGYPT $1.294B EGYPT $1.294B Rest of The World $1.086B Rest of The World $1.086B
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01/09/08 Title 22 S.A. Programs Administered by DoD as S.C. International Military Education and Training (IMET) Expanded IMET Program [§541, FAA (22 U.S.C. 2347)] Appropriated to the President and allocated by DoS/FA Administered by DoD/DSCA in consultation with DoS [DoDD 5105.38-M (SAMM)] FY2011 appropriation -- $105.788M [§2112, S/FOAA, FY2011, P.L.112-10] FY2012 appropriation -- $105.788M [Title IV, S/FOAA, FY2012, P.L.112-74]
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01/09/08 Title 22 S.A. Programs Administered by DoD as S.C. Leasing [§§61-65, AECA (22 U.S.C. 22796)] Administered by DoD/DSCA in consultation with DoS/PM/RSAT using an international lease agreement [DoDD 5105.38-M, (SAMM)] A coordinated FMS case likely for any supporting transportation, modifications, upgrades, training, logistics, etc. FY2008 lease agreements -- $9M (rental value) [Title IV, CBJ, FY2010]
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01/09/08 Title 22 S.A. Programs Administered by DoD as S.C. Excess Defense Articles (EDA) FMS Sale from Stock [§21, AECA (22 U.S.C. 2761] DoD/USCG Grant Transfer [§516, FAA (22 U.S.C. 2321j] “as is-where is” principle Administered by DoD/DSCA, under continuous supervision and general direction of State/PM/RSAT [DoDD 5105.38-M (SAMM)] FY2008 FMS Sales of EDA -- $7M (current value) FY2008 Grant Transfers of EDA -- $130M (current value) [Title IV, CBJ, FY2010]
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01/09/08 “505” Agreement for Grant Transfers No defense articles or related training or other defense service shall be furnished to any country on a grant basis unless the country agrees to the following “use” provisions: Limits use to government officers, employees, and agents Does not permit unauthorized transfers Does not permit use for purposes other than those for which furnished Maintains required security Will permit observation and furnish information Returns equipment to the U.S. when no longer needed [§505a, FAA]
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01/09/08 Defense [10 U.S.C.] Defense [10 U.S.C.] State [22 U.S.C.] State Security Cooperation Programs C/T C/N Iraq/Afghan JCETs IACP ESF NADR INCLE PKO FMS FMFP IMET EDA Leases FMS FMFP IMET EDA Leases DCS Combined Exercises Combined Exercises HA/HDA
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01/09/08 Lesson Outline U.S. Code and Statutes Title 22 Security Assistance administered by DoS Title 22 Security Assistance administered by DoD Title 10 Train and Equip International Armaments Cooperation Humanitarian Assistance Training and Education Combined Exercises Military-to-Military Contact Programs
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01/09/08 Train and Equip – Afghanistan/Iraq $11.6B authorized (and appropriated) during FY11 for ASFF [§1510, NDAA, FY11, P.L.111-84] DoD ASFF appropriation for FY2012 is $11.2B [Title IX, DoD Approp. Act, FY12, P.L.112-74] DoS funding for FY12 to include continued ESF, INCLE, and IMET $1.5B authorized (and appropriated) during FY 11 for ISFF [§1510, NDAA, FY11, P.L.111-84] No DoD ISFF appropriation for FY2012 DoS funding for FY12 to include ESF, INCLE, FMFP, and IMET Normally implemented by DoD/DSCA using pseudo FMS LOA procedures
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01/09/08 “1206” Building Capacity of Foreign Military Forces Up to $350 million annually of DoD funding for providing defense articles, supplies, and training to countries to conduct C/T operations, or to participate in or support military and stability operations in which U.S. forces are a participant. to build capacity of a country’s maritime security forces to conduct C/T operations Normally executed using pseudo FMS LOA procedures Must be obligated by end of current FY with 15-day advance notification to Congress Expires 30 Sep 2013 [§1206, NDAA, FY06, P.L.109-163, as amended]
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01/09/08 “1206” Building Capacity of Foreign Military Forces Up to $350 million annually of DoD funding for providing defense articles, supplies, and training to countries to conduct C/T operations, or to participate in or support military and stability operations in which U.S. forces are a participant. to build capacity of a country’s maritime security forces to conduct C/T operations Normally executed using pseudo FMS LOA procedures Must be obligated by end of current FY with 15-day advance notification to Congress Expires 30 Sep 2013 [§1206, NDAA, FY06, P.L.109-163, as amended]
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01/09/08 “1206” Building Capacity of Foreign Military Forces (cont) AuthorityObligations FY2006$200M $100.0M FY2007 300M 273.6M FY2008 300M 272.4M FY2009 350M 339.9M FY2010 350M 340.6M FY2011 350M 247.5M FY2012 350M FY2013 350M ________ Total $2,550M $1,574.0M Ref: CRS Rpt 7-5700 of 13 Jan 12
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01/09/08 “1206” Building Capacity of Foreign Military Forces (cont) Overall: 34 countries, 14 multilateral Top Tier (44%): Yemen - $252.6M, Pakistan - $203.4M, Lebanon - $128.5M Upper Middle Tier (19%): Philippines, Indonesia, Bahrain, Malaysia Just initial support, no sustainment FY11 emphasis was Africa and coalition partners Questions: Effectiveness Sustainability Timeliness DoD military tool or DoS political tool Permanent DoD authority or a sub-set of FMFP Ref: CRS Rpt 7-5700 of 13 Jan 12
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01/09/08 “1206” Support of Foreign Forces Participating in Operations to Disarm the Lord’s Resistance Army (LRA) $35M of DoD funding annually during FYs 12-13 for providing log support, supplies, and training for foreign forces in operations to mitigate and eliminate the LRA threat to include Uganda national military forces, and of other countries determined by SecDef, with SecState concurrence 15-day advance notification to Congress prior to any obligation of funds Except in self-defense or rescue ops, no U.S. mil/civ/contractor personnel to engage in combat operations [§1206, NDAA, FY12, P.L.112-81]
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01/09/08 “1207” Global Security Contingency Fund (GSCF) Authorizes a program for either DoD or DoS to provide equipment, supplies, and training assistance to countries designated by SecState, with the concurrence of SecDef, to: Enhance the capabilities of a county’s national military and other security forces that conduct border and maritime security, internal security and counterterrorism operations, as well as their agencies to: Conduct such security and counterterrorism operations, and Participate in or support military, stability or peace support operations Support the justice sector, rule of law programs, and stabilization efforts where determined that instability challenges the existing capabilities. Any assistance is to be jointly formulated by DoD and DoS Any USG agency may assign personnel to DoS for GSCF purposes Any activity is to be 20% funded by DoS and 80% funded by DoD $200M in FY12 DoD O&M is authorized for transfer to the GSCF [Sec. 8089, DoD Approp. Act, FY12, P.L.112-74] $50M in FY12 INCLE, FMFP, or PCCF is authorized for transfer to the GSCF [Sec. 8004, S/FOAA, FY12, P.L.112-74] Authorized thru FY2015 [Sec. 1207, NDAA, FY12, P.L.112-81]
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01/09/08 “1207” GSCF Transitional Authority Until SecState reports that GSCF procedures are in- place and operational, or NLT 30 Sep 12, an authority is provided to SecDef, with SecState concurrence, to provide equipment, supplies, training, and minor milcon assistance to enhance: Not exceeding $75M, the capacity of national military and security forces, and border security forces in Djibouti, Ethiopia, and Kenya and to the African Union Mission in Somalia to conduct C/T ops against al-Qaeda, any of its affiliates, and al-Shabaab. Not exceeding $75M, the ability of the Yemen MOI C/T forces against al-Qaeda and any affiliates in Yemen. [Sec. 1207, NDAA, FY 2012, P.L.112-81]
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01/09/08 Pakistan Security Cooperation Pakistan Counterinsurgency Capability Fund (PCCF) $850M appropriated to DoS for FAA/AECA assistance Remain avail thru FY2013 [Title VIII, S/FOAA, FY2012, P.L.112-74] SecState authorized to transfer any PCCF funding to the DoD PCF account [for implementation] [§204, P.L.111-73] PCCF can be used to fund DoS share ($50M) of GSCF $472M in agreements during FY2010 Pakistan Counterinsurgency Fund (PCF) $800M appropriated to DoD for security forces assistance, Remain avail thru FY2012 [Title IX, DoD Approp. Act, FY2012, P.L.112-74] Pseudo FMS LOA procedures are normally used
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01/09/08 “1208” Support of Special Operations to Combat Terrorism Up to $50 million annually of DoD funding for providing support to foreign forces, irregular forces, groups, or individuals Engaged in supporting or facilitating ongoing U.S. special forces operations to combat terrorism Authority cannot be delegated below SecDef Congressional notification NLT 48 hrs of use With concurrence of the relevant COM Expires 30 Sep 2015 [§1208, NDAA, FY05, P.L.108-375, as amended]
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01/09/08 Non-Conventional Assisted Recovery Capabilities (NCARC) Assistance With a COCOM determination and the concurrence by the relevant COM, plus a written 72-hr advance congressional notification by the SecDef, non-conventional assisted recovery capabilities (NCARC) assistance is authorized. Up to $20 million annually of DoD O&M funding to provide NCARC support to foreign forces, irregular forces, groups, or individuals to facilitate the recovery of DoD/USCG mil/civpers or other personnel who become separated or isolated during U.S milops and cannot rejoin their units without such assistance. This authority is not for “1206” assistance purposes. Expires 30 Sep 2013 [§943, NDAA, FY09, P.L.110-417, as amended]
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01/09/08 Acquisition and Cross-Servicing Agreement (ACSA) Authorizes DoD, in consultation with DoS, to allow the COCOM to negotiate a bilateral agreement with a country for reciprocal, reimbursable OCONUS logistics and services support Congressional notification is required prior to negotiations Originally in 1980 only within NATO 100 agreements are now in-place worldwide Used for non-SME articles and services Not to be used when U.S. commercial sources are reasonably available Reimbursement can be cash, replacement-in-kind, or supplies or services of equal value [10 U.S.C. 2341-2350]
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01/09/08 “1202” Significant Military Equipment (SME) Loans to Certain Forces For combined operations forces in Iraq or Afghanistan, or peacekeeping operations forces or while training for such deployment Only USML Cat. I, II, III, VII, XI, and XIII items Only when no unfilled U.S. rqmt exists, and with SecState national security interest concurrence Transfer is subject to provisions of AECA and any other military export laws The loan cannot exceed one year Implemented using Acquisition Cross-Servicing Agreements (ACSAs) [10 U.S.C. 2341, et seq. and SAMM, C11.1.2] Expires 30 Sept 2014 [§1202, NDAA, FY07, P.L.109-364, as amended]
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01/09/08 “1202” Significant Military Equipment (SME) Loans to Certain Forces Applicable U.S. Munitions List (USML) Categories Cat I – combat firearms.50 cal or less Cat II – guns greater than.50 cal Cat III – ammo for cat I and II weapons Cat VII – military vehicles (less tanks) Cat XI – military electronics other than fire control equipment Cat XIII – hardware associated with measurement or modification of system signatures for detection of military articles (SME portion) [Section 121.1, ITAR]
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01/09/08 No-Cost Transfer of Defense Articles to Iraq or Afghanistan DoD no-cost transfer of defense articles to Iraq or Afghanistan mil/security forces; however, the articles must be-- Present either in Iraq or Kuwait on 28 Oct 09, Have been in use to support operations in Iraq, and No longer required by U.S. forces in Iraq or Kuwait Also -- Aggregate replacement value of transfers may not exceed $750M and must be exercised by 31 Dec 12 [§1234, NDAA, FY10, P.L.111-84, as amended]
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01/09/08 Logistic Support for Allied Forces in Combined Operations Authorizes DoD to provide logistical support, supplies, and services to allied forces in a combined operation SecDef must determine that these forces: Are essential to the success of the operation, and Would not be able to participate without the provided DoD support Transfers only: IAW AECA and other military export laws and With SecState concurrence Aggregate value of such support may not exceed $100M in any one fiscal year [10 U.S.C. 127d (from §1201, NDAA, FY07, P.L.109-364)]
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01/09/08 “1233” Coalition Support Fund (CSF) DoD O&M authorized thru FY2012 to reimburse key countries in support of oversea contingency ops $1.69B appropriated for FY2012 [Title IX, DoD Approp. Act, FY12, P.L.112-74] But Pakistan reimbursement authority thru FY2013 For logistical, military, or other support, including access, provided by that nation to or in connection with U.S. milops Other support includes providing training, supplies, and equipment on a non-reimbursable basis Subset program entitled “Coalition Readiness Support Program (CRSP)” implemented using pseudo-FMS LOAs $238M in agreements during FY2010 [§1233, NDAA, FY08, P.L.110-181, as amended]
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01/09/08 “1234” Logistics Support for Coalition Forces Supporting Operations in Iraq and Afghanistan DoD O&M authorized thru FY2012 to provide up to $450M in DoD O&M funding for supplies, services, transportation and other log support to coalition forces in Iraq and Afghanistan [§1211, NDAA, FY12, P.L.112-81] Includes airlift and sealift SecDef must determine: Supported forces are essential, and Coalition forces would not be able to participate w/o the support. [§1234, NDAA, FY08, P.L.110-181, as amended]
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01/09/08 Assist in Accounting for Missing USG Personnel Up to $1 million annually of DoD funding for providing equipment, supplies, and training to countries To assist DoD in recovery of and accounting for missing USG personnel Specific SecState approval required for such assistance Implementing procedures yet to follow [10 U.S.C. 408 (from §1207, NDAA, FY08, P.L.110-181)]
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01/09/08 “1004” DoD assistance for U.S. and foreign C/N law enforcement agencies First authorized by NDAA, FY91, presently extended thru FY2014. $3.7M in pseudo FMS LOAs during FY2008 Authorizes DoD support of provided eqmt, construction, base ops, linguists, intel analysis svcs, recce, training, transportation, etc. for C/N. Assistance as requested by ASD/SO-LIC and funded by USD(C). [§1004, NDAA, FY91, P.L.101-510, as amended]
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01/09/08 “1033” DoD assistance for C/N activities by certain countries First authorized by NDAA, FY98, presently extended thru FY13 with $100M annually authorized. $5.7M in pseudo FMS LOAs during FY2009 Authorizes DoD transfer of patrol boats, non-lethal protective and specialized eqmt, non-lethal components and parts, and maintenance, repair, and upgrade svcs of eqmt used for C/N. Assistance as requested by ASD/SO-LIC and funded by USD(C). [§1033, NDAA, FY98, P.L.105-85, as amended]
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01/09/08 “1033” DoD assistance for C/N activities by certain countries 13 countries added by Sec. 1006, NDAA, FY12, P.L.112-81 35 countries now authorized for “1033” C/N support: AfghanistanGhana Nicaragua Armenia GuatemalaNigeria Azerbaijan GuineaPanama Belize Guinea-BissauPakistan Benin Honduras Peru BoliviaIvory CoastSenegal Cape Verde Jamaica Sierra Leone Colombia Kazakhstan Tajikistan Dominican Rep Kyrgyzstan Togo Ecuador LiberiaTurkmenistan El Salvador MauritaniaUzbekistan The Gambia Mexico [§1033, NDAA, FY98, P.L.105-85, as amended]
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01/09/08 “1021” Unified Counter-Drug and Counterterrorism Campaign in Colombia Authorizes DoD to fund assistance in support of unified C/N and C/T by Colombia Authority extended through FY2012 Also includes the authority to take actions to protect human health and welfare in emergency situations; however: No combat activities allowed by U.S. mil/civpers or U.S. citizen contractors, except for self-defense or during rescue ops [§1021, NDAA, FY05, P.L.108-375, as amended]
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01/09/08 “1022” Joint Task Forces to provide Support to Law Enforcement Agencies conducting Counter-Terrorism Activities Authorizes a DoD joint task force to support C/T law enforcement agencies Authority extended through FY2012 [§1022, NDAA, FY04, P.L.108-136, as amended] FY12 Drug Interdiction and Counter Drug activities $1.666B appropriated for transfer to other applicable O&M, procurement, and RDT&E accounts [Titles VI/IX, DoD Approp. Act, FY12, P.L.112-81]
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01/09/08 Lesson Outline U.S. Code and Statutes Title 22 Security Assistance administered by DoS Title 22 Security Assistance administered by DoD Title 10 Train and Equip International Armaments Cooperation Humanitarian Assistance Training and Education Combined Exercises Military-to-Military Contact Programs
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01/09/08 International Armaments Cooperation Information Exchange Program (IEP) [10 U.S.C. 2358] Exchange of Engineers and Scientists Program (ESEP) [§1082, NDAA, FY97, P.L.104-201] Foreign Comparative Testing (FCT) [10 U.S.C. 2350(a)] Cooperative Research, Development, and Production [§27, AECA] No-cost Equipment Loans for RDT&E [§65, AECA] Managed by USD(AT&L), Director for Int’l Cooperation Executed using international agreement MOUs Administered and funded by applicable MilDeps and DoD agencies International Armaments Cooperation Handbook
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01/09/08 International Armaments Cooperation Cooperative Threat Reduction (CTR) Program Authorized by the annual NDAA [as the Nunn-Lugar program] [originally, NDAA, FY91, P.L.101-510] Funded by the annual DoD appropriations act $508M to remain avail through FY2013 [Title II, DoD Approp. Act, FY12, P.L.112-74] Defense Threat Reduction Agency (DTRA) Created in 1997 within USD(AT&L) to assist countries in weapons security, safety, and management Provides country and regional seminars, assessments, conferences, and consultations Manages the FSU WMD Cooperative Treat Reduction program Supports DSCA EEUM program on a case-by-case basis [DoDD 5105.62, 28 Nov 05]
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01/09/08 International Armaments Cooperation Israeli Cooperative Programs Annually earmarked DoD RDT&E, Defense-Wide appropriations $235.7M appropriated in FY2012 RDT&E & Procurement for Short range ballistic missile defense (SRBMD) program Israeli missile defense architecture Arrow missile improvement program Arrow missile component production [ §8071, DoD Approp. Act, FY12, P.L.112-74] International Air and Trade Shows USD(P) approval with COCOM and COM recommendations Required 45-day congressional notification List of shows to be supported avail on DSCA web site Industry may lease DoD equipment and must offset DoD costs [ §1082, NDAA, FY93, P.L.102-484, and DoDI 7230.08, 2 Jan 09]
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01/09/08 Lesson Outline U.S. Code and Statutes Title 22 Security Assistance administered by DoS Title 22 Security Assistance administered by DoD Title 10 Train and Equip International Armaments Cooperation Humanitarian Assistance Training and Education Combined Exercises Military-to-Military Contact Programs
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01/09/08 Humanitarian Assistance Programs Humanitarian and Civic Action during military operations [10 U.S.C. 401] GCC nomination to OSD (DSCA) – DoDI 2205.02 Funded transport of NGO relief [10 U.S.C. 2561] DoD funds lift of relief by NGOs Space-A transport of NGO relief [10 U.S.C. 402] Denton Amendment – Space avail lift Foreign disaster relief [10 U.S.C. 404] – DoDD 5100.46 DoD, in coordination with DoS, responding to disaster relief [SAMM, C12.3]
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01/09/08 Humanitarian Assistance Programs Humanitarian daily rations [10 U.S.C. 2561] DoD funding and provision of daily food rations Excess property as humanitarian relief [10 U.S.C. 2557] DoD providing non-lethal assistance to country teams Humanitarian demining assistance [10 U.S.C. 407] -- $10M annual authority DoD/ DoS/NSC coordinated response to country team request for mine clearance training assistance [SAMM, C12.3] FY12 DoD O&M Appropriation for Overseas Humanitarian, Disaster, and Civic Action ( OHDACA) -- $108 million [ Title II, DoD Approp. Act, FY12, P.L.112-74]
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01/09/08 Humanitarian Assistance Programs -- SWA FY12 Commander’s Emergency Response Program (CERP) Enable commanders to respond to urgent humanitarian relief and reconstruction requirements $400M in DoD O&M authorized during FY12 for Afghanistan No longer authorized for Iraq Regular reporting to Congress [§1201`, NDAA, FY12, P.L.112-81] $400M of FY12 appropriated Army O&M for CERP No one project shall exceed $20M Any project exceeding $5M notified to Congress within 15 days [§9005, DoD Approp. Act, FY12, P.L.112-74]
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01/09/08 Humanitarian Assistance Programs -- Afghanistan “1216” Reintegration Activities in Afghanistan With DoS concurrence, DoD use of $50M in annual O&M to support the reintegration of former terrorists into Afghan society Use of funds expires 31 Dec 13 [ §1216, NDAA, FY12, P.L.112-81] “1217” Afghanistan Infrastructure Fund (AIF) Joint DoD/DoS developed, DoD implemented, if DoS concurs FAA-authorized funding along with $400M of DoD FY11 O&M funding are to be used for the AIF DoD funding remain avail thru FY2012 30-day notification to Congress prior to obligation to include details, plan for sustainment, and how it supports counterinsurgency strategy [ §1217, NDAA, FY11, P.L.111-383] An additional $400M of DoD FY12 O&M is provided for AIF to remain avail thru FY2013 [Title IX, DoD Approp. Act, FY12, P.L.112-74]
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01/09/08 Lesson Outline U.S. Code and Statutes Title 22 Security Assistance administered by DoS Title 22 Security Assistance administered by DoD Title 10 Train and Equip International Armaments Cooperation Humanitarian Assistance Training and Education Combined Exercises Military-to-Military Contact Programs
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01/09/08 Regional Defense Combating Terrorism Fellowship Program (CTFP) Authorized annual use of $35M of DoD funding for the costs associated with the education and training of foreign officers, MOD officials, or security officials at military or civilian educational institutions, regional centers, conferences, seminars, or other training programs in counter- terrorism. $148M for 17,022 students during FY2002 - FY2010 This may also include transportation, travel and subsistence Allocated by ASD(SO-LIC), administered by DSCA [10 U.S.C. 2249c (from §1204, NDAA, FY07, P.L.109-364)]
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01/09/08 Regional Centers for Security Studies DoD regional centers authorized as international venues for bilateral and multilateral research, communication, and exchange of ideas involving mil/civ pers Participants may include U.S. and foreign mil/civ pers and NGOs Tuition is on a reimburseable basis Administered by DSCA RCSSs include: George C. Marshall European Center for Security Studies (in Germany) Asia-Pacific Center for Security Studies (in Hawaii) Center for Hemispheric Defense Studies (in Wash DC) Africa Center for Strategic Studies (in Wash DC), and Near East South Asia Center for Strategic Studies (in Wash DC) [10 U.S.C. 184 (from §904, NDAA, FY07, P.L.109-364)]
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01/09/08 Military Academies Attendance at Military Academies Up to 60 internationals at any one time may attend each military academy Tuition is to be reimbursable; however, may be waived or partially waived by USD(P) Security assistance procedures are not used. [10 U.S.C. 4344 – USMA, 10 U.S.C. 6957 – USNA, 10 U.S.C. 9344 – USAFA] At the end of June, USD (P) publishes the eligible countries to the MILDEP secretaries, USD (P&R), and the applicable USDAOs Once approved, the superintendents will extend application invitations in August to the applicable USDAO [DoDD 1322.22, 24 Aug 94 (updated 20 Sep 2011)]
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01/09/08 Military Academies Military Academy Exchange Program Up to 100 cadets from each academy may be exchanged on a one-for- one basis with the military academies of other countries during a fiscal year not to exceed a semester in duration International travel costs are to be funded by the country while other costs may be funded by the U.S. to the extent comparable to the support provided by the country for the U.S. cadet Expenditures for this exchange program may not exceed $1M annually for each academy [10 U.S.C. 4345 – USMA, 10 U.S.C. 6957 – USNA, 10 U.S.C. 9345 – USAFA] Attendance at the USCG Academy Not more than 36 internationals may receive instruction at the USCG Academy Unless waived, the country must reimburse all costs [14 U.S.C. 195]
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01/09/08 Electronic Distribution of Training Material DoD, with concurrence of DoS, authorized to provide electronically distributed learning for the education and training for the development and enhancement of allied/friendly mil/civ capabilities for multinational operations and exercises Also to include IT, including software developed for such purposes, but only to the extent necessary to support the use of such learning content Includes computer-based training, adv distributed training, and computer-assisted training [10 U.S.C. 2249(d) (from §1205, NDAA, FY09, P.L.110-417)]
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01/09/08 Other Title 10 Training Aviation Leadership Program (ALP) Authorizes undergraduate pilot training for air forces of less-developed countries, to include language training SAF may waive costs incidental to the training to include a living allowance [10 U.S.C. 9381-9383 (from §1178(b), NDAA, FY93, P.L.103-160), and DoDI 2010.12] LATAM Cooperation: Payment of Personnel Expenses SecDef, or the applicable mildep, may pay the travel, subsistence, special compensation, and other expenses of officers and students from LATAM countries [10 U.S.C. 1050 (from §1401(d), NDAA, FY85, P.L.98-525)] Distinguished Visitor Orientation Tours (DVOT) Authorizes reimbursement [from S/FOAA funds] of actual expenses of military officers detailed as tour directors during the orientation visits by foreign military and related civpers [§636(g)(2), FAA]
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01/09/08 Other Title 22 Training Reciprocal, no-charge PME student exchanges [§544(a), FAA] Reciprocal, no-charge flight training school (to include test pilot schools) exchanges [§544(b), FAA (from §112(b), P.L.104-164)] Participation of foreign and U.S. military and civilian defense personnel at no-charge in post-under-graduate flying and tactical leadership training at locations in Southwest Asia [§544(c), FAA (from §1213, SAA, FY02, P.L.107-288)] Reciprocal, no-charge unit exchanges Mutual training must be completed within one year. If not done, then training costs must be reimbursed [§30A, AECA]
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01/09/08 Other Training Expenses Air Force PfP Scholarship Program Authorizes demonstration undergraduate pilot training program for air forces of PfP countries Also to receive training related to the Euro-NATO Joint Jet Pilot Training (ENJJPT) program SAF may waive costs incidental to the training to include a living allowance AF O&M is to be used with no scholarships awarded after 30 Sep 12 [ §1206, NDAA, FY11, P.L.111-383]
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01/09/08 Lesson Outline U.S. Code and Statutes Title 22 Security Assistance administered by DoS Title 22 Security Assistance administered by DoD Title 10 Train and Equip International Armaments Cooperation Humanitarian Assistance Training and Education Combined Exercises Military-to-Military Contact Programs
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01/09/08 Combined Exercises Joint Staff -Sponsored Exercise Program Authorizes combined CPXs or FTXs conducted by the applicable GCC(s) with countries to promote influence, evaluate readiness, and promote interoperability Will require in-country advance planning, coordination, and vetting [10 U.S.C. 153] Exercise-Related Construction (ERC) Authorizes limited OCONUS construction in support of combined exercises Used both as a training event for construction personnel and in support of exercising combatant personnel, later for use by the host nation [10 U.S.C. 2805] Joint Combined Exchange Training (JCET) Authorizes combined exercises by U.S. SOF and payment of incremental costs of a participating developing country SOF is defined to include civil affairs and psychological operations forces [10 U.S.C. 2011 (from §1052(a)(1), NDAA, FY92/93, P.L.102-190)]
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01/09/08 Combined Exercises Developing Country Combined Exercise Program (DCCEP) Authorizes DoD, in consultation with DoS, to fund incremental expenses for a developing country to participate in a bilateral/multilateral exercise Not to include pay or allowances Country’s participation must be determined necessary to achieve the fundamental objectives of the exercise [10 U.S.C. 2010 (from §1321(a)(1), NDAA, FY87, P.L.99-661)] Defense Health Program Not less than $10M of FY12 appropriations for DoD health programs shall be for HIV prevention educational activities undertaken during U.S. military training, exercises, and humanitarian assistance activities conducted in African countries This has been a recurring annual earmark appropriation [Title VI, DoD Approp. Act, FY12, P.L.112-74]
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01/09/08 Lesson Outline U.S. Code and Statutes Title 22 Security Assistance administered by DoS Title 22 Security Assistance administered by DoD Title 10 Train and Equip International Armaments Cooperation Humanitarian Assistance Training and Education Combined Exercises Military-to-Military Contact Programs
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01/09/08 Military-to-Military Contact Programs Combatant Commander Initiative Fund (CCIF) COCOM proposals to SecDef, to be managed by the Joint Staff, for the following types of activities: Training of Milpers of partner countries Contingencies Joint exercises Selected operations Force protection Force training Annual authorization is $25M [10 U.S.C. 166a (from §211, NDAA, FY87, P.L.99-433)] However, FY12 CCIF appropriations are $47M [Title II, DoD Approp. Act, FY12, P.L.112-74]
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01/09/08 Military-to-Military Contact Programs Traditional COCOM Activities (TCA) Authorizes mil-to-mil programs, to be managed by the Joint Staff, designed to encourage a democratic orientation of defense establishments and military forces of other countries for the following types of activities: Travel contact teams Military liaison teams Exchanges of personnel Seminars and conferences Distribution of publications DoD personnel expenses DoS must approve any such activities with a foreign country, and the country must be IMET-eligible [10 U.S.C. 168 (from §1316, NDAA, FY95, P.L.103-337)]
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01/09/08 Military-to-Military Contact Programs Payment of Expenses to attend Bilateral or Regional Conferences DoD authorized to pay travel and personal expenses for developing country personnel to attend such meetings, conferences, or seminars if determined it is in the U.S. national security for such attendance [10 U.S.C. 1051 (from §1322, NDAA, FY87, P.L.99-661)] Defense Personnel Exchange Program Authorizes DoD to enter into reciprocal personnel exchange agreements with a country for the personnel to be assigned to each other’s organizations. Each country is to pay any associated costs with the exchange. An exception are costs of temporary duty and training directed by the host nation. [§ 1082, NDAA, FY97, P.L. 104-201]
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01/09/08 Military-to-Military Contact Programs Non-Reciprocal Exchange of Defense Person Authorizes DoD to enter into non-reciprocal personnel exchanges Expires 30 Sep 2012 [§ 1207, NDAA, FY10, P.L. 111-84] Assignment of DoD Civpers as Advisors to MoDs SecDef, with SecState concurrence, may assign Civpers as advisors to MoDs (or similar security agencies) Functions may include: Institutional, ministerial level advice, and training, in support of stablization or post-conflict activities, or Assist such ministries in building core institutional capacity, competencies, and capabilities Authority expires at the end of FY2014 [§ 1207, NDAA, FY12, P.L.112-81]
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01/09/08 Military-to-Military Contact Programs Asia Pacific Regional Initiative (APRI) Authorizes the use of $15M in FY12 Navy O&M to enable USPACOM to execute theater cooperation activities May include humanitarian assistance, payment of incremental and personnel costs of training and exercising with other countries Countries to be assisted must be otherwise eligible for such assistance [Sec. 8086, DoD Approp. Act, FY12, P.L.112-74] African Cooperation: Payment of Personnel Expenses DoD or MilDep travel, subsistence, and special compensation authorized for African military officers and students considered necessary for African cooperation [10 U.S.C. 1051a (from §1204, NDAA, FY11, P.L.111-383)]
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01/09/08 Military-to-Military Contact Programs Center for Complex Operations Authorizes DoD to establish such a center (now located at NDU) for: Preparation of DoD and other USG pers for complex ops Foster unity of effort among USG organizations, foreign government organizations, plus international and U.S. NGOs during complex ops Conduct lessons learned and compile best practices Identify and seek to fill gaps in education and training of USG pers DoS concurrence required to include other countries and international organizations Complex operations include stability ops, security ops, transition and reconstruction ops, counterinsurgency ops, and irregular warfare. [10 U.S.C. 409 (from §1031, NDAA, FY09, P.L. 110-417)] Multilateral Military Centers of Excellence Authorizes DoD, with DoS concurrence, to participate in any multilateral military centers of excellence for purposes of: Enhancing other countries’ Mil/Civpers to engage in joint exercises or coalition of international military ops Improve interoperability among forces DoD O&M funds used to pay U.S. share of operating any such center and to pay expenses to attend such centers [10 U.S.C. 2350m (from § 1232, NDAA, FY09, P.L. 110-417)]
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01/09/08 Military-to-Military Contact Programs USG Warsaw Initiative Fund (WIF) - $35M for FY2010 USD(P) [DSCA], with EUCOM and CENTCOM, manage support of DoD and other country participation in various meetings, exercises, conferences, meetings, and studies for EUCOM countries, NATO aspirants and designated Central Asia countries with the following [NATO Partnership for Peace (PfP)] goals: Building defense institutions that are transparent, accountable, and professional Improving interoperability to enhance contributions to coalition operations Supporting integration with NATO Ensuring democratic control of the armed forces. Other SC programs supporting WIF and PfP goals include: Payment of expenses for developing countries to attend bilateral or regional conferences Traditional COCOM Activities (TCA) Developing Country Combined Exercise Program (DCCEP) Foreign Military Financing Program (FMFP) International Military Education and Training (IMET) George C. Marshall Center “1206” Building Capacity of Foreign Military Forces
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01/09/08 Military-to-Military Contact Programs State Partnership Program (SPP) In consultation with DoS, directs DoD to prescribe regulations regarding the use of DoD funds in conducting SPP These funds shall not be available for SPP activities in a country unless jointly approved by the applicable COCOM and COM To use these funds, the national guard member must be on active duty [§ 1210, NDAA, FY10, P.L.111-84] Authorized SPP activities include those authorized by: Recip/Non-Recip Personnel Exchanges “1206” Capacity Building “1207” Global Security Contingency Fund CCIF RCSS Civic Action/Humanitarian Relief LATAM/AFRICOM SC [USD(P) DTM 11-010, 19 Aug 2011]
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01/09/08 Lesson Outline U.S. Code and Statutes Title 22 Security Assistance administered by DoS Title 22 Security Assistance administered by DoD Title 10 Train and Equip International Armaments Cooperation Humanitarian Assistance Training and Education Combined Exercises Military-to-Military Contact Programs
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01/09/08 Activities undertaken by DoD to encourage and enable international partners to work with the U.S. to achieve strategic objectives. It includes all DoD interactions with foreign defense and security establishments, including all DoD-administered S.A. programs, that: build defense and security relationships that promote specific U.S. security interests, including all international armaments cooperation and S. A. activities; develop allied and friendly military capabilities for self-defense and multinational operations; and provide U.S. forces with peacetime and contingency access to host nations. DoDD 5132.03, 24 Oct 08 Security Cooperation
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01/09/08 Defense [10 U.S.C.] Defense [10 U.S.C.] State [22 U.S.C.] State Security Cooperation Programs C/T C/N Iraq/Afghan JCETs IACP ESF NADR INCLE PKO FMS FMFP IMET EDA Leases FMS FMFP IMET EDA Leases DCS Combined Exercises Combined Exercises HA/HDA
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