DSCA's E-SAMM - Table C5.T13. Congressional Notification Criteria and Requirements

Table C5.T13. Congressional Notification Criteria and Requirements

Type of Equipment	Dollar Value	Document	Notification or Report Required?	Timing of Notification	Notification	Period Reference
Major Defense Equipment (MDE) for Members of NATO, Australia, Israel, Japan, the Republic of Korea, and New Zealand	Less than $25M	LOA	None	N/A	N/A	AECA Sections 36(b)(1) and 35(b)(6)
MDE for all other purchasers including NATO organizations	Less than $14M	LOA	None	N/A	N/A	AECA Sections 36(b)(1)
MDE for Members of NATO, Australia, Israel, Japan, the Republic of Korea, and New Zealand	$25M or greater	LOA	Notification	Must be completed prior to offer	15 calendar days	AECA, Section 36(b)(1)
MDE for all other purchasers including NATO organizations	$14M or greater	LOA	Notification	Must be completed prior to offer	15 calendar days for NATO organizations	AECA, Section 36(b)(1)
MDE for all other purchasers including NATO organizations	$14M or greater	LOA	Notification	Must be completed prior to offer	All other purchasers – 30 calendar days (plus 20 calendar days advance notification)	AECA, Section 36(b)(1)
MDE for Members of NATO, Australia, Israel, Japan, the Republic of Korea, and New Zealand	Changes to MDE values that bring total MDE to $25M or greater	Amendment	Notification	Must be completed prior to offer	15 calendar days	AECA, Section 36(b)(1)
MDE for all other purchasers including NATO organizations	Changes to MDE values that bring total MDE to $14M or greater	Amendment	Notification	Must be completed prior to offer	15 calendar days for NATO organizations	AECA, Section 36(b)(1)
MDE for all other purchasers including NATO organizations		Amendment	Notification	Must be completed prior to offer	All other purchasers – 30 calendar days (plus 20 calendar days advance notification)	AECA, Section 36(b)(1)
Defense Articles (Non-MDE) or Services for Members of NATO, Australia, Israel, Japan, the Republic of Korea, and New Zealand	Less than $100M	LOA	None	N/A	N/A	AECA Sections 36(b)(1)
Defense Articles (Non-MDE) or Services for all other purchasers including NATO organizations	Less than $50M	LOA	None	N/A	N/A	AECA Sections 36(b)(1)
Defense Articles (Non-MDE) or Services for Members of NATO, Australia, Israel, Japan, the Republic of Korea, and New Zealand	$100M or greater	LOA	Notification	Must be completed prior to offer	15 calendar days	AECA, Section 36(b)(1)
Defense Articles (Non-MDE) or Services for all other purchasers including NATO organizations	$50M or greater	LOA	Notification	Must be completed prior to offer	15 calendar days for NATO organizations	AECA, Section 36(b)(1)
	$50M or greater	LOA	Notification	Must be completed prior to offer	All other purchasers – 30 calendar days (plus 20 calendar days advance notification)	AECA, Section 36(b)(1)
Defense Articles (Non-MDE) or Services for all other purchasers including NATO organizations	Changes to the case value that bring the total value to $50M	Amendment	Notification	Must be completed prior to offer	15 calendar days for NATO organization.	AECA, Section 36(b)(1)
		Amendment	Notification	Must be completed prior to offer	All other purchasers – 30 calendar days (plus 20 calendar days advance notification)	AECA, Section 36(b)(1)
MDE, Non-MDE, Services, or Design and Construction	Any value		None	N/A	N/A	N/A
Design and Construction for Members of NATO, Australia, Israel, Japan, the Republic of Korea, and New Zealand	Less than $300M	LOA	None	N/A	N/A	AECA Sections 36(b)(1) and 35(b)(6)
Design and Construction for all other purchasers including NATO organizations	Less than $200M	LOA	None	N/A	N/A	N/A
Design and Construction for Members of NATO, Australia, Israel, Japan, the Republic of Korea, and New Zealand	$300M or greater	LOA	Notification	Must be completed prior to offer	15 calendar days	AECA, Section 36(b)(1)
Design and Construction for all other purchasers including NATO organizations	$200M or greater	LOA	Notification	Must be completed prior to offer	15 calendar days for NATO organizations	AECA, Section 36(b)(1)
	$200M or greater	LOA	Notification	Must be completed prior to offer	All other purchasers – 30 calendar days (plus 20 calendar days advance notification)	AECA, Section 36(b)(1)
Design and Construction for Members of NATO, Australia, Israel, Japan, the Republic of Korea, and New Zealand	Changes to the design and construction costs that bring the total value to $300M or greater	Amendment	Notification	Must be completed prior to offer	15 calendar days	AECA, Section 36(b)(1)
Design and Construction for all other purchasers including NATO organizations	Changes to the design and construction costs that bring the total value up to $200M threshold	Amendment	Notification	Must be completed prior to offer	15 calendar days for NATO organizations	AECA, Section 36(b)(1)
		Amendment	Notification	Must be completed prior to offer	All other purchasers – 30 calendar days (plus 20 calendar days advance notification)	AECA, Section 36(b)(1)
Enhancements or upgrades in sensitivity of technology or capability	Enhancements to equipment that has been previously notified, has not yet been delivered and is BELOW the section 36(b)(1) financial thresholds	LOA or Amendment	Report	Must be completed prior to delivery of the defense articles or the furnishing of services	45 calendar days	AECA Section 36(b)(5)(A)
Enhancements or upgrades in sensitivity of technology or capability	Enhancements to equipment that has been previously notified, has not yet been delivered and EXCEEDS the section 36(b)(1) financial thresholds	LOA or Amendment	Notification	Must be completed prior to offering the LOA, or Amendment	15 calendar days for NATO, any NATO member country, Australia, Japan, the Republic of Korea, and New Zealand	AECA Section 36(b)(5)(C)
		LOA or Amendment	Notification	Must be completed prior to offering the LOA, or Amendment	All other purchasers - 30 calendar days	AECA Section 36(b)(5)(C)
Transfers to Greece or Turkey	NATO Member Country 36(b) thresholds	LOA or Amendment		Must be completed prior to offering the LOA, or Amendment	15 calendar days	FAA Section 620C(d)

Page Updated 4-27-2012