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C8.6.1. Potential End-Use Violations. While making end-use checks, SCOs should be alert for unauthorized use of defense articles, defense services, or technical data, including information provided during CONUS or in-country training. The check should provide information for both the recipient country and the United States to determine whether a country’s generally sound processes failed due to unusual circumstances, because security and accountability procedures are not given sufficient priority, or because country interests are diverging from those of the United States. Information gained during the special checks that could be useful in correcting the immediate problem or improving future end-use controls should be shared with the DoS and DSCA (Programs Directorate).
C8.6.2. Reporting End-Use Violations. SCOs must report all potential unauthorized end-use, including unauthorized access, unauthorized transfers, or security violations to DoS (PM/RSAT), DSCA (Programs Directorate), and the CCMD. It is particularly important that SCOs are alert to, and report on, any indication that United States-origin defense articles are being used against anything other than a legitimate military target, are otherwise being used for unauthorized purposes, are being tampered with or reverse engineered, or are accessible by persons who are not officers, employees, or agents of the recipient government. Potential violations can be notified via email or message. SCOs must assess the sensitivity of the potential violation and other factors to determine the means of notification. The DoS investigates and reports potential violations and determines whether the AECA section 3 (22 U.S.C. 2753) , criteria require notification to Congress.
C8.6.3. EUM Investigation Visits and Special End-Use Monitoring Checks. The SCO may be required to provide additional information to assist with the investigation process, and special EUM checks may be required to determine the country’s compliance with the transfer agreements. The purpose of an EUM Investigation Visit is to examine possible violations of AECA section 3 (22 U.S.C. 2753) , and FAA, Section 505 (22 U.S.C. 2314) and any applicable diplomatic notes or agreements regarding the defense articles. These visits may be prompted by intelligence reports and/or other sources that indicate a host nation may be using U.S.-origin defense articles and services in ways that do not comply with U.S. laws and policies. EUM Investigation Visits are conducted as expeditiously as possible within the required coordination for foreign travel. Due to the unique nature and political sensitivity associated with this type of visit, each EUM Investigation Visit is handled on a case-by-case basis in concert with DoS.