Introduction to Security Cooperation Management

1. Introduction to Security Cooperation Management

2. Outline • General Constitutional/Legislative Authorities • DoS and DoD SA/SC organizations • Security Cooperation/Security Assistance Definitions • SA Programs Administered as SC • SC Programs • Building Partner Capacity Programs

3. Key Legal and Policy Guidelines for SC • Titles 10 & 22 U.S. Code • Arms Export Control Act (AECA) • International Traffic in Arms Regulations (ITAR) • Security Assistance Management Manual (SAMM) • Foreign Assistance Act (FAA) • National Defense Authorization Acts (NDAAs) • DoD and S/FOAA Appropriations Acts

4. Foreign & National Security Policy Objectives • Congress recognizes ... that Countries ... have valid (defense) requirements ... • To this end, ... [§1, AECA] ... authorizes sales ... (when) consistent with the Foreign Policy interests of the United States

5. U.S. Conventional Arms Transfer Policy • Arms transfers continue to be a legitimate instrument of U.S. foreign policy • They are deserving of U.S. Government support when they: • Help allies and friends to deter aggression • Promote regional security, and • Increase interoperability among allies. PDD 34, 17 Feb 95

6. Supporting U.S. Transfers • Decisions will be made on a case-by-case basis • Country team may support U.S. overseas marketing efforts • Active involvement by senior USG officials in promoting sales of particular importance to the U.S. • Support of international air and trade shows when determined to be in the best interest of the U.S. PDD 34, 17 Feb 95

7. Authorities for FMS §21(a)(1), AECA - Sales from Stock “The President may sell defense articles and defense services from the stocks of the [DoD & USCG] to any eligible country...” §22(a), AECA - Procurement for Cash Sale “The President may enter into contract for the procurement of defense articles or defense services for sale...to any foreign country...” §23(a), AECA - Credit Sales “The President is authorized to finance the procurement of defense articles, defense services... by friendly foreign countries...”

8. Recovery of Cost The FMS program must managed at no cost to the USG (with certain exceptions specifically identified in the AECA) [§C9.3.1, eSAMM]

9. Authorized Military Sales / Leases To friendly countries solely: • For internal security • For legitimate self-defense • For preventing or hindering the proliferation of weapons of mass destruction and of the means of delivering such weapons • To permit participation in regional / collective arrangements or measures consistent with the charter of the United Nations • To enable foreign military contribution to public works and civic action programs [§4, AECA]

10. Eligibility Requirements for FMS and Leases • Furnishing of defense articles / services must strengthen U.S. security & promote world peace. • No retransfers without Presidential consent • No use of articles / services for purposes other than for which furnished, unless consent of the President has first been obtained. • Recipient to maintain security of such article • Country or international organization must otherwise be eligible to purchase articles [§3, AECA]

11. Restraints / Prohibitions Against Furnishing U.S. Assistance COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES REPORT COMMITTEE OF FOREIGN AFFAIRS U.S. HOUSE OF REPRESENTATIVES and the committee on foreign relations u.s. senate by the Department of State Authorization Appropriation Acts FAA AECA Coup d’Etat Human RightsViolations SupportingInternationalTerrorism Illicit DrugProduction / Transit Loan $ Repayment Terms and Conditions OVERDUE NuclearProliferation USG Loan Arrearages Unauthorized End-Use

12. Outline • General Constitutional/Legislative Authorities • DoS and DoD SA/SC organizations • Security Cooperation/Security Assistance Definitions • SA Programs Administered as SC • SC Programs • Building Partner Capacity Programs

13. State Department SA Responsibilities • General direction of foreign assistance • Program determination by country • Integration of programs to support US national objectives

14. Secretary of State Chief, U.S. Diplomatic Mission Administrator,U.S. Agency for International Development (USAID) Director, U.S. Foreign Assistance (F) Under Secretary for Arms Control and International Security Affairs (T) Assistant Secretary for Political-Military Affairs (PM) Senior Defense Official/Defense Attaché (SDO/DATT) Regional Security and Arms Transfers (RSAT) Directorate of Defense Trade Controls (DDTC) Security Cooperation Organization (SCO) Defense Attaché Office (DAO)

15. DoD Responsibilities for SA • Program execution • Procurement of equipment/services • Transportation of military articles • Conduct of military training

16. Secretary of Defense Department of the Army Under Secretary of Defense for Acquisition, Technology & Logistics (AT&L) Under Secretary of Defense for Policy [USD(P)] Chairman, Joint Chiefs of Staff The Joint Staff Geographic Combatant Commands (GCCs) Department of the Navy Defense Security Cooperation Agency (DSCA) Department of the Air Force Director, International Cooperation Senior Defense Official/Defense Attaché (SDO/DATT) Security Cooperation Organization (SCO) Defense Attaché Office (DAO)

17. Defense Security Cooperation AgencyResponsibilities Lead, resource, and educate the Defense Security Cooperation community to shape, refine, and execute innovative security solutions for partners in support of U.S. interests • Build partner capacities • Strengthen defense relationships • Facilitate security cooperation program execution • Promote civilian control of military, strong defense relationships and rule of law • Support the interagency process

18. Outline • General Constitutional/Legislative Authorities • DoS and DoD SA/SC organizations • Security Cooperation/Security Assistance Definitions • SA Programs Administered as SC • SC Programs • Building Partner Capacity Programs

19. Security Cooperation • Encourage international partners to work with the U.S. to achieve strategic objectives • Includes all DoD interactions with foreign defense and security establishments, including all DoD-administered S.A. programs • Provide U.S. forces with peacetime and contingency access to host nations DoDD 5132.03, 24 Oct 08

20. Security Assistance • Economic & military assistance to partner nations under State Department authority • Supports USG foreign policy and national security objectives • Deliverables: Defense articles, services, and training • Terms of Transfer: Sale, grant, loan, or lease

21. Major Security Assistance Programs Administered by DoD as S.C. Administered by DoS as S.A. • Foreign Military Sales (FMS) • Foreign Military Financing Program (FMFP) • International Military Education and Training (IMET) • Emergency Drawdown • Leases of Equipment • Excess Defense Articles (EDA) [SAMM C1.T1] • Direct Commercial Sales (DCS) • Economic Support Fund (ESF) • Peacekeeping Operations (PKO) • International Narcotics Control and Law Enforcement (INCLE) • Nonproliferation, Anti-Terrorism, Demining, and Related Programs (NADR)

22. SC/SA Programs State [22 U.S.C.] Defense [10 U.S.C.] Combined Exercises DCS FMS FMFP IMET EDA Leases ESF C/T C/N Afghanistan NADR HA/HDA PKO JCETs INCLE IAC

23. Outline • General Constitutional/Legislative Authorities • DoS and DoD SA/SC organizations • Security Cooperation/Security Assistance Definitions • SA Programs Administered as SC • SC Programs • Building Partner Capacity Programs

24. Foreign Military Sales (FMS) • Sales authorized by the AECA from DoD stock or through DoD procurement of defense articles and services (including training) • Either country cash or USG-provided credit [Sec. 21 & 22, AECA]

25. U.S. FMS Agreements/Deliveries

26. Foreign Military Financing Program (FMFP) • Furnishes FMS financial grants or loans authorized by the AECA to enable eligible foreign governments to purchase U.S. defense articles and services • Annual appropriation by Congress • Allocated by DoS, administered by DSCA as SC [Sec. 23, AECA]

27. FY 2011 FMFP Allocations 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 Rest of The World $1.086B ISRAEL $2.994B EGYPT $1.294B FY2012 -- $6.3102B

28. International Military Education and Training (IMET) • Military training authorized by the FAA on a grant basis to foreign military and related civilian personnel for training both in the U.S. and in overseas facilities • Annual appropriation by Congress • Allocated by DoS, administered by DSCA as SC [Sec. 541, FAA]

29. FY 2005-2011 IMET Programs($ in millions) FY 05 $89.01 102 7,981 FY 06 $85.88 107 7,998 FY 07 $85.88 127 8,622 FY 08 $ 85.18 140 6,015 FY 09 $ 93.00 138 5,690 FY 10 $108.00 145 na FY 11 $106.79 130 na Funding Levels No. Of Countries No. Of Students FY2012 -- $105.788M

30. Direct Commercial Sales(DCS) • Commercial export sales authorized by the AECA to be licensed by State Department • Generally country cash • Not an appropriation [Sec. 38, AECA]

31. Direct Commercial Sales Trends

32. Outline • General Constitutional/Legislative Authorities • DoS and DoD SA/SC organizations • Security Cooperation/Security Assistance Definitions • SA Programs Administered as SC • SC Programs • Building Partner Capacity Programs

33. Selected DoD SC ProgramsDoD Authorized • Traditional CCDR Activities (TCA) • Combined Exercises • JCETs (Special Operations training) • Combating Terrorism Fellowship Program (CTFP) • Counter-Narcotics Assistance • DoD Regional Centers for Security Studies • Equip and Train for Afghanistan • National Guard State Partnership Program • Global Support Contingency Fund (GSCF) • International Armaments Cooperation • Building Partner Capacity (Section 1206, NDAA) • Humanitarian Assistance and Demining Assistance -- DISAM Textbook, Chapter 1

34. Outline • General Constitutional/Legislative Authorities • DoS and DoD SA/SC organizations • Security Cooperation/Security Assistance Definitions • SA Programs Administered as SC • SC Programs • Building Partner Capacity Programs

35. Building Partner Capacity (BPC) Programs • Programs that use the FMS infrastructure to administratively manage the transfer of articles and services • Funded with USG appropriations • Does not apply to FMS cases funded with country or FMF funds • Typically 1-2 years to obligate funds

36. Building Partner Capacity Programs-What For?? • Allows the DoD & DoS to focus in on building security sector capacities of partner nations and to enhance capabilities to conduct: • Counter Narcotics operations • Counter Terrorism operations • Peacekeeping Support operations • Support US forces conducting stability operations in PK, AF, etc

37. BPC Pseudo LOA Programs DoD-Funded Non-DoD Funded Peacekeeping Operations (PKO), (Section 551, FAA) Global Peacekeeping Operations Initiative (GPOI) (component of PKO) Global Training and Equipment (Sec. 1206, NDAA) BPC East Africa & Yemen (Sec. 1203, NDAA) DoD Counter Narcotics (Sec. 1033 & 1004, NDAA) Global Security Contingency Fund (Sec. 1207, NDAA) Coalition Readiness Support Program (Sec. 1233, NDAA) Afghanistan Security Forces Fund (ASFF) (DoD Approp. Act) Pakistan Counterinsurgency Fund/ Counterinsurgency Capability Fund (PCF/PCCF) SAMM C15.1.4

38. Summary • General Constitutional/Legislative Authorities • DoS and DoD SA/SC organizations • Security Cooperation/Security Assistance Definitions • SA Programs Administered as SC • SC Programs • Building Partner Capacity Programs

39. Questions?