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DoD 5105.38-M, October 3, 2003
 October 3, 2003
DoD 5105.38-M, October 3, 2003
WASHINGTON, DC 20301-2800
FOREWORD[Insert date]This Manual is reissued under the authority of DoD Directive 5105.65, “Defense SecurityCooperation Agency,” October 31, 2000, (reference (a)). It provides guidance for theadministration and implementation of Security Assistance and related activities in compliancewith the Foreign Assistance Act (FAA), the Arms Export Control Act (AECA) (references (b)and (c)), and related statutes and directives.DoD 5105.38-M, “Security Assistance Management Manual,” October 1, 1988, (reference (d)) ishereby canceled.This Manual applies to the Office of the Secretary of Defense (OSD), the Military Departments(MILDEPs), the Chairman of the Joint Chiefs of Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD FieldActivities, Security Assistance Organizations (SAOs), and all other organizational entities withinthe Department of Defense (hereafter referred to collectively as “the DoD Components”)engaged in management or implementation of Security Assistance.This Manual is effective immediately and is mandatory for use by all the DoD Components. TheDoD Component heads may issue supplementary instructions when necessary for uniquerequirements within their organization. A copy of any supplemental instructions must beprovided to the Defense Security Cooperation Agency (DSCA) (Strategy Directorate).Deviations from policies shall not be implemented without prior approval of the Director,DSCA.Send recommended changes to the Manual through channels to:Defense Security Cooperation AgencyAttn: DSCA (Strategy Directorate)Crystal Gateway North, Suite 303Washington DC, 20301-2800Users may access this publication via the DSCA Homepage,http://www.dsca.mil. Upon formalrequest through Security Assistance channels, a hard copy will be provided by the DefenseInstitute of Security Assistance Management, 2335 Seventh Street, Wright-Patterson Air ForceBase, OH 45433-7803. Subscriptions to hard copy SAMM and other DISAM publications areavailable for sale to the public. Call (937) 255-2994 for details.DirectorDefense Security Cooperation Agency
DoD 5105.38-M, October 3, 2003
Section Title Page
 Chapter 01 - Security Assistance Overview 33C1.1. Security Assistance Programs 33C1.2. Authorities For Security Assistance 34C1.3. Planning For Security Assistance 35C1.4. Security Assistance In Wartime And Extraordinary Circumstances 42Chapter 02 - Responsibilities and Relationships 43C2.1. Responsibilities And Relationships General 43C2.2. Department Of State 43C2.3. Department Of Defense - Organizations 43C2.4. Department Of Defense Case Managers 46C2.5. Department Of Defense Security Assistance Organizations (SAOs) 48C2.6. Department Of Commerce 60C2.7. Foreign Purchaser 60Chapter 03 - Technology Transfer and Disclosure 61C3.1. Technology Transfer 61C3.2. Missile Technology Control Regime 67C3.3. Command, Control, Communications, Computer, Intelligence,Surveillance And ReconnaisSANce (C4ISR)68C3.4. Anti-tamper (AT) Policy Compliance 72C3.5. Disclosure Of Classified Military Information 72C3.6. Release Of Information 75C3.7. Export License And Customs Clearance 76Chapter 04 - FMS General Info 93C4.1. Definition And Purpose 93C4.2. Who May Purchase Using The FMS Program? 93C4.3. What May Be Purchased Using The FMS Program? 106C4.4. What May Not Be Purchased Using The FMS Program? 110C4.5. General FMS Policies 111C4.6. General FMS Financial Policies 118Chapter 05 - FMS Case Development 121C5.1. Letter Of Request Submissions 121C5.2. LOR Responses General Information 132C5.3. LOR Responses Price And Availability (P&A) Data 134C5.4. LOR Responses Letter Of Offer And Acceptance (LOA) 135C5.5. LOR Responsibilities Letter Of Intent (LOI) 226C5.6. Congressional Notification 236Chapter 06 - FMS Case Implementation, Execution, and Closure 253C6.1. Case Implementation 253C6.2. Case Execution General Information 253

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