DSCA's E-SAMM - C5.1. - Letter of Request Submissions

C5.1.1. General. The Foreign Military Sales (FMS) process begins when an eligible foreign country or international organization requests information on defense articles or services, including training, being considered for purchase. All requests for information require the same channels of submission and must be answered consistent with the legal provisions under which the FMS program operates. See Section C5.1.3.

C5.1.2. LOR Format and Information Requirements. Requests are generally referred to as Letters of Request (LORs), whether provided through formal correspondence, requests for proposal (RFPs), discussions, electronic mail (e-mail), letters, or messages. Although no specific format is required for an LOR, they must be in writing and the partner nation should ensure that the request is complete in that it shall:

identify the desired defense articles and/or services in sufficient detail for the United States Government (USG) to prepare an accurate cost estimate;
indicate whether Price and Availability (P&A) data, a Letter of Offer and Acceptance (LOA), an LOA Amendment, or an LOA Modification is desired;
if for a blanket order LOA, include the desired materiel and services value or the desired total case value;
indicate the proposed method of financing;
identify any anticipated involvement in the requested case by anyone not a duly appointed officer or government civilian employee of the requesting government – i.e., a “third party” – so that the receiving Military Department (MILDEP)/Implementing Agency (IA) may initiate appropriate reviews and approval requests; and
contain the name and address of the originator and a traceable reference number, e.g. letter serial number.

C5.1.3. LOR Submission Procedures. If the request is received verbally, a memorandum for record (MFR) must document the conversation and outline the required information. Written confirmation should be obtained from the purchaser. If the request is received during a meeting or conference, the minutes should document the request and be signed by an appropriate purchaser representative. LORs transmitted by United States (U.S.) Embassies or Security Cooperation Organizations (SCOs) should refer to the country letter or message requesting the data.

C5.1.3.1. Non-Significant Military Equipment Requests. Non-Significant Military Equipment (Non-SME) requests that originate in-country must be transmitted either by the purchaser's authorized representative or the DoD element of the U.S. country team to the Defense Security Cooperation Agency (DSCA) (Operations Directorate) and the appropriate DoD Component with information copies to the Combatant Command (CCMD). Requests originated by foreign representatives of the purchaser in the United States must be sent to DSCA (Operations Directorate) and the appropriate DoD Component with information copies to the SCO. If it appears that the SCO is not on distribution for a purchaser’s request, the DoD Component must furnish copies to the CCMD and SCO as quickly as possible.

C5.1.3.2. Significant Military Equipment (SME) and Major Defense Equipment (MDE) Requests. SME/MDE requests that originate in-country must be addressed to DSCA/Operations Directorate) and the cognizant Department of Defense (DoD) Component with information copies to the DoS (Bureau of Political-Military Affairs) (DoS (PM)), and the CCMD. Requests regarding SME that originate with purchaser representatives in the United States must be addressed to DSCA (Operations Directorate) and the cognizant DoD Component with information copies to DoS (PM), the CCMD, and the SCO. If it appears that the DoS (PM) or the SCO is not on distribution for a purchaser’s request, the DoD Component must furnish copies to these organizations as quickly as possible.

AECA, section 47, (22 U.S.C. 2794), defines the terms “defense article” and “defense service.” Certain defense articles and services are enumerated on the United States Munitions List (USML). Those defense articles designated Significant Military Equipment (SME) are marked with an asterisk (*) on the USML. Any SME that has a nonrecurring research and development cost of more than $50 million or a total production cost* of more than $200 million is considered Major Defense Equipment (MDE). See Appendix 1 for Nonrecurring Cost Recoupment Charges for identified MDE.

*Includes DoD expenditures for preproduction engineering; rate and special tooling; special test equipment; production engineering; product improvement; destructive testing; and pilot model production, testing, and evaluation. Includes costs of any engineering change proposals initiated before the date of calculations of the NCs recoupment charge.

C5.1.4. Country Team Assessment (CTA). The CTA presents the coordinated position of senior U.S. Embassy leadership in support of a proposed sale and provides key information necessary to evaluate and explain it. See Chapter 2 for a description of the Country Team. It should be viewed as an important opportunity to provide valuable information that will expedite the decision process. The CTA must accompany any LOR that:

is likely to result in a Congressional Notification pursuant to AECA section 36(b) (22 U.S.C. 2776) (Section C5.5.) based on its cost; or
regardless of cost, that would result in first introduction of a new capability for the country; or
that requests defense articles or services of a sensitive nature (Section C5.1.4.2.); or
upon request by DSCA (Operations Directorate).

C5.1.4.1. All CTAs must address the following common elements:

Table C5.T1. Country Team Assessment – Common Required Elements

#	Required Element
1	Reason the purchaser desires the defense articles or services and description of how the country or organization intends to use them.
2	Appropriateness of the proposed sale in responding to legitimate recipient security needs.
3	Impact of the proposed sale on the military capabilities of the proposed recipient, including the ability of the proposed recipient effectively to field, support, and appropriately employ the requested defense articles in accordance with their intended use.
4	Source of financing and risk of adverse economic, political, or social impact within the recipient nation and the degree to which security needs might be addressed through other means.
5	The human rights, terrorism, and proliferation record of the proposed recipient and the potential for misuse of the defense articles in question.
6	How the articles or services would contribute to both the U.S. and the recipient’s defense/security goals.
7	The proposed recipient’s will and ability to account for and safeguard sensitive technology from transfer to unauthorized third parties or in-country diversion to unauthorized uses.
8	The availability of comparable systems from foreign suppliers.
9	How the proposed sale would contribute to U.S. security and foreign policy goals.
10	How the proposed sale would affect the relative military strength of the countries in the region and its impact on U.S. relations with countries in the region. This is especially important when considering sales involving power projection capability or introduction of a system that could conceivably increase tension or contribute to an arms race.
11	Possible impact of or reaction to any in-country U.S. presence that might be required to carry out the sale or provide training.

C5.1.4.2. Additional elements are required for CTAs in support of defense articles or services identified below as being of a sensitive nature.

Table C5.T1a. Defense Articles that Require Additional CTA Elements

#	Required Element
1	MTCR Category I ISR UAV/UCAV (if information has not already been submitted before the LOR per Section C3.7.2. If a CTA was submitted in the pre-LOR phase, it may be referenced without submission of a new CTA.) Table C5.T1b.
2	Command, Control, Communications, Computer, Intelligence, Surveillance and Reconnaissance (C4ISR) Table C5.T1c.
3	Defense Articles and Services Containing Geospatial Intelligence (GEOINT) Table C5.T1d.
4	Night Vision Devices (NVDs) Table C5.T1e.
5	STINGER or Similar Missiles in any Surface-to-Air Configuration Table C5.T1f.
6	White Phosphorous Munitions Table C5.T1g.

Table C5.T1b. Additional CTA Elements for MTCR Category 1 ISR UAV/UCAV
_{(If information has not already been submitted before the LOR per C3.7.2. If a CTA was submitted in the pre-LOR phase, it may be referenced without submission of a new CTA.)}

#	Required Element
12	What are the military requirements and operational intentions or plans for the ISR UAV/UCAV that might be requested, to include: Description of the primary mission and secondary missions for the ISR UAV/UCAV? Extent of anti-terrorist, border patrol/ coast guard, and/or humanitarian missions for the UAV/UCAV(s) endorsed.
13	Specify performance characteristics of the desired air vehicle in terms of range (km), payload (kg), payload performance parameters or desired capabilities, altitude ceiling (ft), flight endurance (hrs). Are there any desired modifications or changes to the basic configuration for the desired air vehicle or payload?
14	How the ISR UAV or UCAV would affect the military capabilities of the proposed recipient, including the ability of the recipient effectively to field, support, and appropriately employ the system in accordance with its intended end-use.
15	How the ISR UAV or UCAV would contribute to U.S. strategic and foreign policy goals.
16	Justification for number and type of ISR UAV/UCAV that might be requested with an explanation of how the quantity endorsed is the minimum required consistent with the legitimate military requirements of the recipient. What is the estimated or approximate monthly number of sorties and flight hours? Where will the ISR UAV/UCAVs be based?
17	What are the communications resources that the recipient nation would utilize to support its ISR UAV/UCAV flight operations? Does the recipient nation require beyond line-of-sight flight operations? Will air-ground communications and/or data transfer require encryption?
18	If applicable, would the ISR UAV/UCAV fulfill or contribute to NATO force goals?
19	Explain why an MTCR Category I ISR UAV or UCAV would fulfill the requirements and a manned aircraft or non-MTCR Category I ISR UAV or UCAV cannot.
20	Is this the first introduction of this system/capability to the recipient/region?
21	Anticipated reactions of neighboring nations to the introduction of the ISR UAV/UCAV capability into the region.
22	Analysis of how the proposed sale would affect the relative military strengths of countries in the region and of the impact of the proposed sale on U.S. relations with the countries in the region.
23	Extent of military interoperability missions/training with U.S. Forces?
24	The availability of comparable systems from foreign suppliers.
25	Assessment of the nation’s ability to account for, safeguard, operate, maintain, and support the ISR UAV or UCAV. What is the nation’s maintenance concept? Two level? Three level? Does the nation expect it will provide depot level repair or will it elect contractor provided depot level maintenance? What level of repairable stocks does the nation anticipate it will require?
26	A plan for end-use monitoring for sensitive and advanced war fighting technology and the SCO’s plan for compliance verification.
27	Training required either in-country or in the United States and anticipated reactions resulting from the presence of U.S. trainers in-country. How many pilots, sensor operators, and maintainers will it need to be trained either in-country or in the U.S.? Approximately when the nation needs to commence/end any desired U.S.-based training? Will the nation need in-country flight simulators? If so, how many? Will the nation need to participate in related USAF/ISN UAV user-groups, forums, or other USAF/USN programs concurrent with adopting a U.S. UAV.
28	Possible impact of any in-country U.S. presence that might be required as a result of providing the ISR UAV or UCAV.
29	Is the potential recipient a: Member of NATO? MTCR Partner? Signatory to the Nuclear Non-Proliferation Treaty? Signatory to the Chemical Warfare Convention? Signatory to the Biological Weapons Convention?
30	Has the SCO consulted with the Foreign Disclosure Office of the FMS IA regarding the need for disclosure of information actions in regard to a potential transfer of a Category I ISR UAV/UCAV? Yes/No
31	Any additional information in support of, or that would recommend against, the transfer request.

Table C5.T1c. Additional CTA Elements for C4ISR

#	Required Element
12	Combatant Commander’s statement of interoperability requirement. Can be provided separately

Table C5.T1d. Additional CTA Elements for GEOINT

#	Required Element
12	Describe plans for sharing, use, and protection of the required GEOINT data in the recipient country.

Table C5.T1e. Additional CTA Elements for Night Vision Devices

#	Required Element
12	Full description of the type and quantity of NVDs requested (LOR development may require coordination with MILDEP for recommended model/quantity).
13	Justification for the type and quantity of NVDs requested and the operational plan for use and specific end-users to include: Description of the primary mission for the units to receive the NVDs? Extent of military interoperability missions/training with U.S. Forces? Extent of anti-terrorist missions for the units to receive the NVDs?
14	Whether this capability (Figure of Merit (FOM), Auto-gating power features) been transferred previously to the country. If so, when, how many devices, device types and FOM? Method of procurement? FMS? DCS? Case Designator or License Number?
15	Assessment of the purchaser’s capacity to provide substantially the same degree of support, security and accountability protection as given by the United States and willingness to accept the NVD physical security and accountability note.
16	The SCO plan for Post Shipment End-Use Monitoring (EUM) and compliance verification.
17	Additional information in support of the transfer request (e.g., status of previous NVD transfers and results of past U.S. security inspections/inventories/Compliance Assessment Visits [CAVs]).
18	Recommendation whether the USG should approve transfer of the article and justification.
19	Combatant Commander’s concurrence. If provided separately, cite reference if available.

Table C5.T1f. Additional CTA Elements for STINGER or Similar Missile in any Surface-to-Air Configuration

#	Required Element
12	Indicate the system, quantity, and intended use.
13	U.S. Mission’s opinion as to whether the amount requested is reasonable in relation to the intended use, current on-hand inventories, and predictable usage rates of such items.
14	As U.S. weapons replace the country’s current inventory, how many weapons, of U.S. or foreign origin, will become excess to military requirements?
15	If excess weapons are to be stored, how will they be stored and controlled and by whom?
16	If surface-to-air systems from active duty forces will be transferred to reserve forces as a result of this transfer, what will be done with any surface-to-air systems currently in the reserves?
17	Do reserve air defense (AD) units exist? What is the reserve force AD structure? What are the numbers and types of units?
18	How well trained are the relevant reserve forces generally and specifically in terms of MANPADS usage and proper storage of MANPADS and similar surface to air systems?
19	What is the track record of the armed forces or police in maintaining security of national stockpiles of small arms? Have there been thefts or other illicit transfers?
20	If excess weapons are to be destroyed, what is the plan for their destruction? May U.S. representatives, normally the SCO, observe the destruction of those weapons even if they are not of U.S. origin?

Table C5.T1g. Additional CTA Elements for White Phosphorous Munitions

#	Required Element
12	Indicate type of ammunition, quantity, and intended use.
13	U.S. Mission’s opinion as to whether the amount requested is reasonable in relation to the intended use, current on-hand inventories, and predictable usage rates of such items.
14	Requests must also contain assurance from the host Government that white phosphorus munitions are used only for purposes such as signaling and smoke screening.

C5.1.5. LORs Submitted by Electronic Mail. To send LORs via electronic means, purchasers must provide a list of authorized signers and senders to the Implementing Agencies (IAs). LORs submitted using electronic means must be submitted through appropriate channels. Purchasers that wish to submit LORs electronically should contact the identified recipients to determine whether a file naming convention should be used. Electronic mail attaching the signed LOR is the preferred means of transmission. All electronic LORs must be sent to DSCA (Operations Directorate) at: LOR-DSCA@dsca.mil. Information copies of electronic LORs for DoS (PM) should be sent to: pm-rsat-lor@t.state.gov.

C5.1.5.1. The DoD Components Authorized to Receive LORs. Certain DoD Components are IAs authorized to receive and respond to LORs. Table C5.T2. identifies these agencies and their addresses.

Table C5.T2. IA’s Authorized to Receive Letters of Request (LORs)

Implementing Agency		Purpose	Address
Name	Code	Purpose	Address
Army	B	Action Address for LORs other than those for Training and Construction	Commander, U.S. Army Security Assistance Command (USASAC) Attention: USASAC LOR-Inbox 7613 Cardinal Road Redstone Arsenal AL 35898-5000
		Messages for LORs other than those for Training and Construction	CDRUSASAC FORT BELVOIR VA//AMSAC-PW-PO//
		E-Mail Address for LORs other than those for Training and Construction	usarmy.redstone.usasac.mbx.lor-inbox@mail.mil
		Action Address for LORs for CONUS Institutional Training	Security Assistance Training Field Activity (SATFA) HQ TRADOC SATFA 950 Jefferson Ave Fort Eustis VA 23604-5724
		Messages for LORs for Training	DIR SATFA FT EUSTIS//VA//
		E-Mail Address for LORs for Training	Contact individual SATFA Country Program Managers for e-mail address.
		Action Address for LORs for Construction	U.S. Army Corps of Engineers HQUSACE 441 G Street NW ATTN: CEMP-M Washington DC 20314-1000
		Messages for LORs for Construction	CDRUSACE WASHINGTON DC\\CEMP-M\\
		E-Mail Address for LORs and LOAs for Construction	USACE-LOR@usace.army.mil USACE-LOA@usace.army.mil
		Information Address for all LORs	Department of the Army Deputy Assistant Secretary of the Army for Defense Exports and Cooperation ATTN: SAAL-NI 2530 Crystal Drive Arlington, VA 22202
		Message Information Address for all LORs	DA WASHINGTON DC//SAAL-NP//
Navy	P	Action Address for all LORs	Department of the Navy Navy International Programs Office ATTN: 02C1 2521 South Clark Street, Suite 800 Arlington, VA 22202-3928
		Messages for all LORs	NAVY IPO WASHINGTON DC
		E-Mail Address for all electronic LORs	NAVYIPOLORS@navy.mil, with copy to Country Program Director’s e-mail address.
Air Force	D	Action Address for LORs for Communications, Electronics, Aircraft, and Missile Systems	SAF/IAR 1080 Air Force Washington DC 20330-1080
		Message Address for LORs for Communications, Electronics, Aircraft, and Missile Systems	OSAF WASHINGTON DC//IA//IAPX//
		E-Mail Address for electronic LORs for Communications, Electronics, Aircraft, and Missile Systems	Europe/NATO/Eurasia Division: safiare.workflow@pentagon.af.mil
			Americas Division: safiarl.workflow@pentagon.af.mil
			Mid-East/Africa Division: safiarm.workflow@pentagon.af.mil
			Pacific Division: safiarp.workflow@pentagon.af.mil
			Gulf Cooperation Council Division: safiarg.workflow@pentagon.af.mil
			Security Assistance Policy and International Training and Education Division: safiapx.workflow@pentagon.af.mil
		Action Address for LORs for Follow-On and Exercise Support	555 IGP 1822 Van Patton Drive Wright-Patterson AFB OH 45433-5337
		Message Address for LORs for Follow-On and Exercise Support	AFSAC WRIGHT PATTERSON AFB OH//CC//GB//
		E-Mail Address for electronic LORs for Follow-On and Exercise Support	afsac.loa@wpafb.af.mil
		Action Address for LORs for Formal Training	AFSAT/CCA 315 J Street West Randolph AFB TX 78150-4354
		E-mail Address for electronic LORs for Formal Training	afsat.loa@randolph.af.mil
Defense Contract Management Agency (DCMA)	F	Action Address for LORs for Contract Administration Services (CAS)	Defense Contract Management Agency Attn: DCMA-FBR 3901 Adams Avenue - Building 10500 Fort Lee, VA 23801-1809
		Message Address for LORs for CAS	DCMA Fort Lee, VA//FBR
		E-Mail Address for electronic LORs for CAS	dodccp@dcma.mil
Defense Information Systems Agency (DISA)	C	Action Address for applicable LORs	Defense Information Systems Agency Attn: DO3 P.O. Box 549 Ft. Meade, MD 20755-0549
Defense Logistics Agency (DLA)	R	Action Address for LORs for Excess Property	Defense Reutilization and Marketing Service 74 N. Washington Street Attn: DRMS-J361 Battle Creek MI 49037-3085
		Message Address for LORs for Excess Property	DRMS BATTLE CREEK MI//DRMS//J361//
		Action Address for LORs for Cataloging Services	Defense Logistics Information Service 74 N. Washington Street Attn: DLIS-VBC Battle Creek MI 49037-3084
		Message Address for LORs for Cataloging Services	DLIS BATTLE CREEK MI//DLIS/VBC//
Defense Security Cooperation Agency (DSCA)	Q	Action Address for all LORs	Defense Security Cooperation Agency Attn: Operations Directorate 201 12th Street South, Suite 203 Arlington VA 22202
		Message Address for all LORs	SECDEF//USDP:DSCA//Operations Division
		E-Mail Address for all electronic LORs	LOR-DSCA@dsca.mil
Defense Threat Reduction Agency (DTRA)	Z	Action Address for all applicable LORs	Defense Threat Reduction Agency (DTRA) Attn: RMBP 8725 John J. Kingman Road MSC 6201 Fort Belvoir VA 22060-6201
Missile Defense Agency (MDA)	I	Action address for all applicable LORs related to the FMS THAAD Program, or the AN/TPY-2 Radar System	Missile Defense Agency ATTN: LOR In-Box 7100 Defense Pentagon Washington, DC 20301-7100
National Geospatial-Intelligence Agency (NGA)	U	Action Address for all applicable LORs	National Geospatial-Intelligence Agency (NGA) Attn: M/S S82-OIAIF 7500 GEOINT Drive Springfield, VA 22150
National Security Agency (NSA)	M	Action Address for all applicable LORs	DLFMSLOR@nsa.gov

C5.1.5.2. Exceptions. LORs may be submitted directly to DoS (PM) and DSCA if the U.S. Embassy in-country or the purchaser’s representative in the United States believes the request is sensitive and requires a higher level policy determination, or if the purchaser or the SCO and/or U.S. Embassy cannot determine the appropriate DoD Component.

C5.1.5.3. LORs for FMS to non-MOD Units. Under limited circumstances, the DOS can legally approve the sale of defense articles and services via FMS (including cases funded with FMF) for non-MOD units on a case-by-case basis. Approval of such transactions requires a fact intensive legal analysis of whether the assistance would be consistent with section 4 of the AECA, which requires that defense articles and services be sold by the USG under the Act only for certain purposes, including legitimate self-defense and internal security. In this context "internal security" does not include law enforcement functions, but rather refers to threats against the state, such as armed insurrection or criminal activity of such an unusual nature that it requires a response by security forces with a military mission. When considering FMS transactions with non-MOD units, DOS (PM), in consultation with the DOS Office of the Legal Advisor, will examine the mission of the entity for which the articles are requested and the relationship between that entity and other security forces with police functions to ensure that the provision of assistance would be consistent with the AECA and U.S. foreign policy. To request an FMS transaction for a non-MOD unit, SCOs should provide the information below to DOS (PM) through DSCA (Operations Directorate). Failure to engage on this issue early in the process may result in transactions being delayed or denied in the final stages of the approval process.

The unit’s name, command, and organizational structure.
The unit’s full range of functions.
The nature of the sale or assistance sought.
To the extent that the sale or assistance is provided to support internal security, an explanation of the threat to the country’s internal security and reason why it cannot be addressed by regular law enforcement forces using other assistance.
An assessment of the risk that the defense articles or services will be transferred outside the recipient unit or security force.

C5.1.6. DSCA and DoS LOR Review. The IA will provide a copy of the LOR to DSCA (Operations Directorate) and the applicable SCO if one or both were not on distribution and, if the LOR is for SME/MDE, to DoS (PM)), and the CCMD. IAs should begin performing the activities identified in Section C5.1.6.1. unless they believe the LOR raises concerns that should be addressed to DSCA and/or DoS for guidance. At any time during the LOR to LOA process, DSCA and/or the DoS may initiate coordination to approve or disapprove the request, or advise the IA to suspend further correspondence until coordination is complete. If the request is disapproved, DSCA formally advises the IA to stop processing the purchaser’s request, provides the rationale for the decision, and issues guidance concerning further actions. The IA will cancel the Case Identifier in DSAMS if it has already been established.

C5.1.7. LOR Validation and Acknowledgement of Receipt. Within 5 days of receiving the LOR, the IA will validate the LOR to:

Ensure that the potential purchaser is an eligible FMS recipient. See Section C4.1.2.
Ensure that the item sought may be sold. See Section C4.4.
Ensure that the request was received through proper channels. See Section C5.1.3.
Determine whether any sanctions exist that would prevent an LOA from being prepared and/or offered to the purchaser. See Section C6.6. for more information on sanctions.
Determine whether or not a country or international organization is authorized Dependable Undertaking. The IA will notify the purchaser as soon as possible of the payment terms available for procurement items to ensure customers have maximum time to make financial arrangements. See Table C4.T2.

Once validated, the IA enters the LOR data in the Defense Security Assistance Management System (DSAMS) as a Customer Request and acknowledges receipt of the LOR to the prospective purchaser. A Customer Request should be created in DSAMS for each LOA document that is prepared. This includes creating separate Customer Requests for multiple LOA documents that are developed based upon one LOR. Creating a separate Customer Request for each LOA document will enable DSAMS to accurately measure the LOA development processing time of each document, to include scenarios where only one of the LOA documents is restated.

C5.1.7.1. Case Initiation and LOR Evaluation. Case initiation and LOR Evaluation are separate processes that begin immediately upon LOR Receipt.

C5.1.7.1.1. Case Initiation. Within 10 days of LOR Receipt, IAs should establish the case document in DSAMS, which creates either a Case Initialized Milestone for Basic LOAs or a Document Initialized Milestone for Amendments and Modifications, and generates an automatic transaction (“S1”) to the DSCA 1200 system. See Chapter 13. If the IA does not allow automatic transmissions from DSAMS to the DSCA 1200 System, the IA will submit the initial S1 transaction for Basic LOAs no later than 10 days after receiving the LOR. The IA will also provide the Case Identifier to the prospective purchaser unless the case meets Congressional Notification thresholds. See Section C5.5.

C5.1.7.1.2. LOR Evaluation. U.S. Embassies, SCOs, and the DoD components use C5.T3. to evaluate LORs. If an LOR does not meet the requirements of C5.T3., the DoD Component initially receiving the request notifies the originator of the deficiency and, after entering the request in DSAMS, holds any further action until all required information is received. IAs should strive to allow no more than 20 days to pass from LOR Receipt to LOR Complete. This key step reflects internal review by subject matter experts and assures that the LOR contains sufficient information to begin drafting the LOA. If more than 20 days pass between LOR Receipt and LOR Complete, explanatory remarks will be entered in the Customer Request window in the Request Status Comments field in DSAMS. DSAMS automatically cancels LORs that reside in DSAMS one year or longer with no associated LOA document.

Table C5.T3. Letter of Request (LOR) Check List - Evaluation Criteria

#	LOR Check List - Evaluation Criteria
1	Is the request a valid military requirement of the purchaser?
2	Is the request for an FMS LOA (LOR for an LOA implies that the requesting country or international organization has identified a source of funding) or is it a request for P&A data?
3	Has the request been made by someone with the authority to submit procurement requests on behalf of the requesting country or international organization?
4	Is the request specific enough to enable a contracting officer to obtain pricing data? If "No,” consult with the requesting country or international organization to obtain sufficiently detailed data, similar to that prepared for a request for quotation. If the country or international organization cannot provide additional definition, advise that it should request a Requirements Survey Team or Definition Conference with U.S. experts to help define the requirements. The purchaser must fund these expert teams on a separate FMS case. See Section C2.4. on Survey Teams.
5	Ensure the LOR contains the following (as appropriate): Are all hardware requirements specified, including National Stock Numbers (NSNs)? Are all country unique support and training requirements identified? Does the requirement provide a realistic operational capability and is the country or international organization using the Total Package approach, to include concurrent spares, training, ammunition, and follow-on support? Is an adequate source of funding identified? If so, what type? Does the overseas Contract Administration Services (CAS) surcharge apply?
6	Has the country been in negotiation directly with a company to obtain the item on a direct commercial basis? If "Yes,” the USG cannot provide any information until the country advises the USG in writing that it has terminated commercial negotiations. It is USG policy that sales via Government-to-Government FMS channels shall not compete with direct commercial sales. See Section C4.3.7.
7	Is a Country Team Assessment required and, if so, has it been provided? See Section C5.1.4. and Table C5.T1.
8	Have copies been submitted to DSCA (Operations Directorate) and DoS (PM).

C5.1.8. LORs Requiring LOR Advisory Memoranda and/or Unique Review.

C5.1.8.1. LOR Advisory Memoranda. An LOR Advisory notifies USD(AT&L) and the Joint Chiefs of Staff that DSCA has received an LOR for defense articles or items or services that require LOR Advisories or LOR review specific to the proposed sale or specific end item. Table C5.T4. identifies defense articles requiring item-specific review and provides links either to forms for LOR Advisories or to explanations of unique review requirements.

C5.1.8.2. Preparing LOR Advisories. DSCA (Operations Directorate) prepares and sends an LOR Advisory to the Joint Chiefs of Staff and OUSD(AT&L) using the format in Figure C5.F1. The LOR Advisory should include a copy of the purchaser’s request as well as the Country Team Assessment (when required). To ensure consistency with existing Theater Security Cooperation objectives and technology security policy, DSCA sends the LOR Advisory as soon as possible after receiving the LOR with all required attachments. The recipients identified in Section C5.1.7.1. have 10 working days from the date of the LOR Advisory to provide comments to DSCA for consideration. In the event of non-concurrence, DSCA will refer disagreements to an appropriate level in OUSD(P) for resolution. The LOR Advisory does not take the place of any Exception to National Disclosure Policy (ENDP) processes or releasability requirements that are worked by the MILDEPs.

Table C5.T4. Defense Articles or Services that Require Item-specific LOR Advisories or Review

Item	Requirement	Notes
Ballistic Missile Defense Capability	Ballistic Missile Defense Capability Standard Advisory Letter with MDA as an Addressee. Form C5.F1a.
Coproduction or licensing agreements for MDE	Standard Advisory Letter Form C5.F1.
Electronic Warfare (EW) Systems and EW Integrated Reprogramming Database (EWIRDB)		Unique review C3.7.4.
First Introduction of MDE to the Purchaser	Standard Advisory Letter Form C5.F1.
MDE Expected to Result in a Congressional Notification pursuant to Arms Export Control Act (AECA) section 36(b)	Standard Advisory Letter Form C5.F1.
MTCR Category 1 ISR UAV/UCAV	Standard Advisory Letter Form C5.F1.	Unique review C3.7.2.
Night Vision Devices (NVDs)	NVD Advisory Letter Figure C5.F2.	Unique review C4.4.14
Other defense articles or services of a sensitive nature. Any sale of defense articles or services may rise to the level at which it might be considered politically sensitive in the context of bilateral or regional relationships at the time it is requested	Standard Advisory Letter Form C5.F1.
MDE that has not yet completed Operational Testing & Evaluation (OT&E)	Standard Advisory Letter Form C5.F1.	Unique review C5.1.8.1.
	Standard Advisory Letter Form C5.F1.	Unique review C4.4.12.
Integration of Non-U.S. Subsystems	Standard Advisory Letter Form C5.F1.	Unique review C5.1.8.2.
Nonstandard Significant Military Equipment (SME)	Standard Advisory Letter Form C5.F1.	Unique review C5.1.8.3.
Command, Control, Communications, Computer, Intelligence, Surveillance and Reconnaissance (C4ISR)		Unique review C3.7.3.
Communications Security (COMSEC) Equipment		Unique review C4.4.4.
Defense Articles and Services Containing Geospatial Intelligence (GEOINT)		Unique review C4.4.16.
Medical Countermeasures		Unique review C4.4.15.
Police Training or Related Programs		Unique review C4.5.6.3.
Technical Data Packages (TDPs) for Defense Articles Manufactured by Watervliet Arsenal		Unique review C4.4.11.
White Phosphorous Munitions		Unique review C4.4.8.

Figure C5.F1. Standard Letter of Request (LOR) Advisory Format

Figure C5.F1a. Ballistic Missile Defense Letter of Request (LOR) Advisory Format

Figure C5.F2. Sample Request for Exception to DoD NVD Policy

C5.1.8.3. Pre-Operational Test and Evaluation (OT&E) Sales Policy (Yockey Waiver). Before responding to LORs for MDE items that have not completed OT&E, the IA submits a request to DSCA (Programs Directorate, Weapons Division) for the concurrence of the Under Secretary of Defense for Acquisition, Technology, and Logistics (USD(AT&L)). This request may be for multiple countries. LOA or P&A data for such items is not released prior to DSCA and USD(AT&L) approval. If approved for release, a note is included in the P&A data correspondence or on the LOA. See Appendix 6.

C5.1.8.4. Integration of Non-U.S. Subsystems. The IA reviews requests for integration or certification services for installation of non-U.S. subsystems and coordinates with DSCA (Programs Directorate/Weapons Division) prior to development of P&A data or an LOA.

C5.1.8.5. Nonstandard Significant Military Equipment (SME). The IA reviews requests for SME not standard in DoD inventory and coordinates with DSCA (Programs Directorate/Weapons Division) prior to development of P&A data or an LOA.

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