Perm

AECA includes suspending delivery as a reduction in sales

Jennifer Spindel 17, assistant professor of international security at the University of Oklahoma and the associate
director of the Cyber Governance and Policy Center., 5-20-2017, "Yes, Trump Can Override Congress And Sell
Weapons To Saudi Arabia — Even Over Republican Objections," Washington Post,
https://www.washingtonpost.com/politics/2019/05/30/yes-trump-can-override-congress-sell-weapons-saudi-arabia-
even-over-republican-objections/
The 1976 Arms Export Control Act requires the president to notify Congress of any arms sale greater than $14
million, and it empowers Congress to block or modify an arms sale at any point before delivery by adopting a
“resolution of disapproval.” Because the law prevents senators from filibustering the disapproval resolution, the Senate can adopt it by a simple majority vote. But the
law also allows the president to veto the resolution. To
block an arms sale, congressional opponents need a two-thirds majority in
both chambers to override a president’s veto.

Deliveries are part of FMS

DSCA 17, 9-30-2017, “Foreign Military Sales, Foreign Military Construction Sales And Other Security Cooperation
Historical Facts,” https://www.dsca.mil/sites/default/files/fiscal_year_series_-_30_september_2017.pdf
1. FOREIGN MILITARY SALES (FMS) AGREEMENTS - Total dollar value of defense articles and defense
services purchased with cash, credit, and MAP Merger Funds by a foreign government or international organization in any
fiscal year. Also see Item 7, Military Assistance Program Merger Funds. Values are updated annually to reflect program changes. 2. FOREIGN MILITARY
SALES (FMS) DELIVERIES - Total dollar value of defense articles and defense services delivered to a foreign
government or international organization in any fiscal year. After implementing an FMS agreement, the responsible military
department directs release of materiel from stocks or procurement or provision of services or training. As execution progresses, the military department
report accrued expenditures and physical deliveries after shipment or performance. Values are updated annually to
reflect program changes.

Perm do the counterplan – there are five stages of an FMS sale — the last one is delivery
Frank Kenlon 19, Professor of International Acquisition at the Defense Acquisition University, 1-31-2019,
“Accelerating U.S. Foreign Military Sales (FMS) – Best Practices,” https://www.dau.edu/training/career-
development/intl-acq-mgmt/blog/Accelerating-U-S--Foreign-Military-Sales-(FMS)-%E2%80%93-Best-Practices---
FMS Process Steps -- The Basics We recently received several specific FMS acceleration “best practices” from a PEO that is responsible for numerous FMS programs in their portfolio that we
would like to offer for consideration by the DoD acquisition workforce personnel involved in FMS activities. For those of you who are knowledgeable in FMS matters, feel free to skip ahead --
here’s a short refresher on the FMS Systems
you’ll find them in the next section of this blog. However, if you are unfamiliar with or a bit rusty in this area,
Acquisition Process from DAU’s FMS Systems Acquisition Job Support Tool for reference. * Planning: FMS Systems acquisition planning should be conducted during a program’s
acquisition strategy development and updated at each Acquisition Milestone per Title 10 and DoD Instruction 5000.02. * Step 0 -- Pre- Letter of Request (LOR): Specific
FMS transactions are normally triggered by some sort of informal expression of interest by the prospective FMS
Customer nation through the USG/DoD Security Cooperation community. As noted in our September 2018 DAU Blog on Step 0, pre-LOR engagement is an art (not a science) which
takes many shapes and forms. Notwithstanding how this informal dialog occurs, however, experience has shown that effective communication prior to LOR submission is essential to future
Step 1 – LOR Submission: Once a prospective FMS Customer decides it is interested in
success in the rest of the FMS process. *
acquiring a U.S. system through FMS, it submits a formal LOR through USG/DoD Security Cooperation channels for either Price and Availability (P&A) Data or a Letter of
Offer and Acceptance (LOA). * Step 2A – P&A Data Development & Signature : Once an LOR for P&A is validated by USG/DoD Security
Cooperation personnel, the DoD acquisition community -- normally the system’s Program Management Office (PMO)/Integrated Product Team (IPT) – is tasked to
develop a P&A Data response that contains an initial estimate of a system’s potential FMS performance, cost, and
schedule requirements, including initial logistics support. After evaluating the P&A Data response, if the prospective FMS
Customer decides to procure the system, it submits a second LOR for an LOA (Step 2B). (Note: requesting P&A Data is optional, not
mandatory.) * Step 2B – LOA Development & Signature : Once the LOR for an LOA is validated by USG/DoD Security Cooperation
personnel, the DoD acquisition community is tasked to develop a draft LOA that contains all of the FMS performance,
cost, and schedule details associated with acquiring and supporting the system subject to U.S. Government Technology Security and Foreign
Disclosure (TSFD) and export control policies pertaining to the Customer. If the prospective FMS Customer decides to procure the system, they
sign the LOA. * Step 3 – Contracting: Unless there is an exportable version of the U.S. system approved for sale to
the FMS Customer already available for delivery (which is rarely the case), DoD must initiate a new contracting
process action to procure the number/systems and initial logistics support described in signed LOA. This requires
release of a Request for Proposal (RFP) – which may be sole source or competitive depending on a couple of key variables – followed by evaluation,
negotiation, and DoD contract award. * Step 4 – Contract Execution: The prime contractor and its team of
subcontractors and suppliers perform all efforts required to meet the terms and conditions of the DoD contract . * Step
5 – Delivery: Upon DoD acceptance, the contractor delivers the FMS defense articles and services to the FMS
customer nation as specified in the LOA, including the system and its initial logistics support (referred to by the DoD Security
Cooperation community as the “Total Package Approach”).

Suspending delivery is reneging on a contract—no difference

Michael T. Klare 78, PhD IR Graduate School of the Union Institute, “Carter's Arms Sales Policies: Business as
Usual,” Social Scientist, 7.4, JSTOR
Undelivered balance: Some critics of the arms trade have suggested that Carter apply the new export guidelines to the $32 billion
worth of arms that were ordered during the Nixon and Ford administrations but that have not yet been delivered to their foreign
buyers. This issue is not raised in the 19 May statement, however, and The New York Times reported on 8 May 1977 that Carter apparently decided to
go through with these sales on the grounds that Washington cannot "renege" on such contracts-even though he has called
upon France and West Ger- many to cancel their contracts for the sale of nuclear reprocessing plants to Pakistan and Brazil.