Sec. 1399K. Modification of foreign military sales processing
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/bill/118/hr/2670/eas/section-1399k·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of Defense shall seek to ensure that an eligible foreign purchaser that has submitted a letter of request for pricing and availability data receives a response to the letter not later than 45 days after the date on which the letter is received by a United States security cooperation organization, the Defense Security Cooperation Agency, or other implementing agency. The Secretary of Defense shall seek to ensure that an eligible foreign purchaser that has submitted a letter of request for a letter of offer and acceptance receives a response— in the case of a letter of request for a blanket-order letter of offer and acceptance, cooperative logistics supply support arrangements, or associated amendments and modifications, not later than 45 days after the date on which the letter of request is received by a United States security cooperation organization, the Defense Security Cooperation Agency, or other implementing agency; in the case of a letter of request for a defined-order letter of offer and acceptance or associated amendments and modifications, not later than 100 days after such date; and in the case of a letter of request for a defined-order letter of offer and acceptance or associated amendments that involve extenuating factors, as approved by the Director of the Defense Security Cooperation Agency, not later than 150 days after such date.
The Secretary of Defense may waive paragraphs
(1)and
(2)if— such a waiver is in the national security interests of the United States; and not later than 5 days after exercising such waiver authority, the Secretary provides to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives notice of the exercise of such authority, including an explanation of the one or more reasons for failing to meet the applicable deadline. With respect to foreign military sales to member countries of the North Atlantic Treaty Organization, major non-NATO allies, major defense partners, and major security partners, the Secretary of Defense may assign a Defense Priorities and Allocations System order rating of DX (within the meaning of section 700.11 of title 15, Code of Federal Regulations (as in effect on the date of the enactment of this Act)). In this section: The term blanket-order letter of offer and acceptance means an agreement between an eligible foreign purchaser and the United States Government for a specific category of items or services (including training) that— does not include a definitive listing of items or quantities; and specifies a maximum dollar amount against which orders for defense articles and services may be placed. The term cooperative logistics supply support arrangement means a military logistics support arrangement designed to provide responsive and continuous supply support at the depot level for United States-made military materiel possessed by foreign countries or international organizations. The term defined-order letter of offer and acceptance means a foreign military sales case characterized by an order for a specific defense article or service that is separately identified as a line item on a letter of offer and acceptance. The term implementing agency means the military department or defense agency assigned, by the Director of the Defense Security Cooperation Agency, the responsibilities of— preparing a letter of offer and acceptance; implementing a foreign military sales case; and carrying out the overall management of the activities that— will result in the delivery of the defense articles or services set forth in the letter of offer and acceptance; and was accepted by an eligible foreign purchaser. The term letter of request — means a written document— submitted to a United States security cooperation organization, the Defense Security Cooperation Agency, or an implementing agency by an eligible foreign purchaser for the purpose of requesting to purchase or otherwise obtain a United States defense article or defense service through the foreign military sales process; and that contains all relevant information in such form as may be required by the Secretary of Defense; and includes— a formal letter; an e-mail; signed meeting minutes from a recognized official of the government of an eligible foreign purchaser; and any other form of written document, as determined by the Secretary of Defense or the Director of the Defense Security Cooperation Agency. The term major defense partner means— India; and any other country, as designated by the Secretary of Defense. The term major non-NATO ally — has the meaning given the term in section 644 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2403 )); and includes Taiwan, as required by section 1206 of the Security Assistance Act of 2002 ( Public Law 107–228 ; 22U.S.C. 2321k note). The term major security partner means— the United Arab Emirates; Bahrain; Saudi Arabia; and any other country, as designated by the Secretary of Defense, in consultation with the Secretary of State and the Director of National Intelligence.
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- Pub. L. 107-228
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Sec. 1399K
Modification of foreign military sales processing
Pub. L.Pub. L. 107-228
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