4._TPT_State_Dept.pdf

Bureau of Political-Military Affairs

Office of Regional Security and Arms Transfers

Third Party Transfers

August 2016

Laura Cressey

UNCLASSIFIED

John F. Kerry

Secretary of State

Rose Gottemoeller

Under Secretary for Arms Control &

International Security

Assistant Secretary for Political-Military Affairs

Tina Kaidanow

Principal Deputy Assistant Secretary

Brian Nilsson

Deputy Assistant Secretary

Defense Trade Controls

Directorate of Defense Trade Controls

William Monahan

Deputy Assistant Secretary

Regional Security and

Arms Transfers

Michael Miller

Director, Office of Regional Security and

Arms Transfer

Third Party Transfer Team

Michael Rothstein

Deputy Assistant Secretary

Law

Arms Export Control Act

AECA

Foreign Assistance Act

FAA

International Traffic in Arms

Regulations (ITAR)/Munitions list

CAT Policy

Security Assistance Guidance/Policy

SAMM

Regulations and Policies

U.S. Department of State

“No defense article or defense service shall be sold or leased by the United States Government…unless the country agrees not to transfer title to, or possession of, any defense article or related training or other defense service so furnished to it to anyone not an officer, employee, or agent of that country...and not to use or permit the use of such article or related training or defense service for purposes other than those for which furnished unless the consent of the President has first been obtained.”

• Presumption of denial

• Exceptions are considered under limited circumstances:

• The end use of the articles must serve the public interest

• Static displays, air shows, public museums for obsolete, de-weaponized military hardware; or

• There is a contract between the private entity and government that requires the use of the defense article

• End-user

Track record, financial health, contractual history, relationship to USG patron

• USG and contractor acceptance of specific terms and conditions, such as:

No transfer of title or possession

Aircraft are demilitarized or disposed of within two years of completion of contract

No change in end-use beyond contract scope without prior State authorization

• Level of technology being transferred

• Whether aircraft is operable, but “de-weaponized”

• Company compliance track record

• Institution of appropriate end-use monitoring mechanisms

• Whether aircraft can be re-equipped for military operations

• Cost efficiency of business model?

• Timing of TPT request

Risk management for industry and DoD

State requirement for contract

• Hardware/software configuration to meet requirements requested by DoD:

Operational Flight Program

Government Furnished Equipment

Refurbishment of aircraft; appropriate configuration of aircraft for

• Logistics (storing, maintaining, securing aircraft)

• How can we best support DoD in order to achieve training goals while adhering to our legal mandate?

• How to resolve chicken and egg situation regarding a contract for Contract AdAir?

• Need to incorporate TPT requirements into RFP process to take into account TPT policy and processing times.

Laura Cressey

PM/RSAT Deputy Director

202-663-3141 cresseyle@state.gov

Jenny Hoang

PM/RSAT TPT Team

202-663-3238 hoangj@state.gov http://www.state.gov/t/pm/rsat/

Team email: PM_RSAT-TPT@state.gov mailto:cresseyle@state.gov mailto:hoangj@state.gov http://www.state.gov/t/pm/rsat/