Certain items may be transferred using FMS procedures only by exception. Questions concerning what may or may not be authorized for a particular country should be directed to DSCA (Operations Directorate). The following categories of items may not be included in LOAs without special staffing or approvals as noted below.

C4.5.1. Administrative Expenses for Foreign Government Representatives. The USG does not serve as the disbursing agent for funds received under LOAs unless those funds are required for defense articles and services provided by DoD, another federal agency, or through a DoD procurement contract. LOAs must not include transportation, lodging, per diem, or other administrative expenses of foreign Government representatives even though such expenses may relate to the procured materiel and/or services. In exceptional situations, DSCA may specifically authorize an LOA to include the payment of travel and living allowances (TLA) for international students. See Chapter 10 regarding TLA. Foreign purchasers may not use LOAs to lease commercial or General Services Administration (GSA) vehicles. Foreign purchasers are responsible for making and paying for these arrangements outside the FMS process.

C4.5.2. Cluster Munitions. No military assistance will be furnished for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions or cluster munitions technology will be sold or transferred, unless (1) the submunitions of the cluster munitions have a 99 percent or higher functioning rate; and (2) the agreement applicable to the assistance, transfer, or sale of the cluster munitions or cluster munitions technology specifies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present (Section 7056(b) of the Department of State, Foreign Operations and Related Programs Appropriations Act 2009, Division H of the Omnibus Appropriations Act, 2009, P.L. 111-8). Appendix 6 LOA Note on Cluster Munitions. Cluster munitions are munitions composed of a non-reusable canister or delivery body containing multiple, conventional explosive submunitions. This applies to systems delivered by cruise missiles, artillery, mortars, missiles, tanks, rocket launchers, or naval guns that deploy payloads of explosive submunitions that detonate via target acquisition, impact, or altitude, or that self-destruct (or a combination of both). Cluster munitions technology includes, but is not limited to, cluster munition components, accessories, attachments, parts, firmware, software, or other related technical data. This restriction does not apply to technology used to clear or disarm unexploded cluster munitions.

C4.5.3. Anti-Personnel Landmines. All SCOs and personnel to include MILDEPs and SCOs must get specific approval from DSCA (Strategy Directorate) prior to any discussions on landmines with any potential purchaser.

C4.5.4. Napalm. Napalm, including napalm thickener, dispensers, and fuses will not be provided through FMS or commercial contracts.

C4.5.5. Riot Control Agents. Riot control agents will not be provided via FMS, but certain types are available on a commercial basis. Such proposed commercial sales require that an export license be obtained from the DoS, Directorate of Defense Trade Controls.

C4.5.6. Certain Training.

C4.5.6.1. Counterterrorism Training. Counterterrorism training may be requested through the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict (SO/LIC) under the Counterterrorism Fellowship Program (CTFP). DSCA should be informed of any request for antiterrorism or counterterrorism training. Foreign officers nominated to receive such training are vetted using the same DoD and/or DoS procedures in place for all International Military Education and Training (IMET) and FMS training.

C4.5.6.2. Military Intelligence Training. Limited military intelligence training is available. The scope of this type of training is limited to training that is directly related to combat or operational intelligence, or to intelligence management of combat or operational intelligence at the joint military staff level. In case of doubt about whether or not a particular course or type of training falls into one of these two categories, the SCO should obtain a clarification from DSCA (Programs Directorate).

C4.5.6.3. Police Training. The AECA does not prohibit police training or related programs; however, subject to certain exceptions, the FAA, section 660 (22 U.S.C. 2420), generally prohibits use of funds available to carry out the FAA for police training. DSCA (Strategy Directorate) and DoS approval must be obtained before offering defense articles or services related to police training through FMS procedures.

C4.5.6.3.1. With certain exceptions, the FAA prohibits using funds authorized under that Act to conduct any police training or related programs either in a foreign country or in the U.S. All related military assistance under the FAA, not just training, is subject to this prohibition with certain statutory exceptions as found in FAA, section 660 (22 U.S.C. 2420).

C4.5.6.3.2. Police training in the context of the FAA prohibition includes military police as well as civilian police if the military police perform on-going civilian law enforcement functions. Neither the name given to a unit nor the ministerial authority under which it operates is sufficient to determine whether a particular unit is a “police unit.” The determining factor is the nature of the functions performed by the unit. Assistance in foreign countries for any civilian law enforcement function (except maritime law enforcement or international narcotics control) is prohibited.

C4.5.6.3.3. The prohibitions discussed above do not apply to units with the sole function of internal security that involves combat operations against insurgents, or legitimate self-defense of national territory against foreign invasion, whether or not the unit is called police.

C4.5.6.3.4. If some personnel from a smaller unit within a larger unit that is eligible for assistance are detailed to on-going civilian law enforcement functions, then just the smaller unit is prohibited from receiving grant support under the FAA. However, no grant funds may be used in any program of internal intelligence or surveillance on behalf of any foreign Government either within the U.S. or abroad.

C4.5.6.3.5. If foreign students are authorized to attend military police training, foreign Governments must certify that the students are not involved in any civilian law enforcement functions for at least two years after receiving the training. Law enforcement includes apprehension and control of political offenders and opponents of the Government in power (other than prisoners of war), as well as persons suspected of common crimes.