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Foreign Military Sales

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Contractors who wish to engage in international contracting opportunities successfully and profitability must be able to anticipate and settle the problems that can arise. To do this means being able to navigate a complex web of statutes, regulations, and policies governing FMS, FMF, and U.S. export controls. This program offers guidance on the rules and skills you need to be successful in this area. 2 days. 9.0 CPE hours. Fee per person: $1275.

Provider:

Federal Publications Seminars

Topic(s):

Manufacturing

Who Should Attend?

Manufacturers, exporters and their advisors

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The international marketplace offers substantial opportunities for U.S. firms in the business of selling military and technology-based products and services. These international contracting opportunities can take form of Foreign Military Sales as well as direct sales of military products and services.

Each type of sale presents unique problems in contract negotiation, approval, and performance.

Contractors who wish to engage in international contracting opportunities successfully and profitably must be able to anticipate and settle the problems that can arise. To do this means Being able to navigate a complex web of statutes, regulations and policies governing FRMS, FMF and U.S. export controls. This specially developed program is a great opportunity—offering guidance on the rules and skills you need to be successful in this area.

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The Course Curriculum

Introduction to Security Assistance

• History
• Trends
• Legal & Policy Development

Statutory, Regulatory & Policy Framework

• Authorizing Legislation
• -- Arms Export control Act
• -- Foreign Assistance Act
• Appropriating Legislation
• -- Foreign Operations Appropriations
• -- Defense Appropriations
• Regulations
• -- Security Assistance Management Manual (SAMM)
• -- International Traffic in Arms Regulations (ITARS)
• -- United States Munitions List (USML)
• -- Federal Acquisition Regulation (FAR)
• -- Defense Federal Acquisition Regulation Supplement (DFARS)
• Policy Constraints on FMS

Government Involvement

• Legislative Branch
• -- Role of Congress
• -- Legislated Policy
• -- Congressional Controls
• Judicial Branch
• Executive Branch
• -- President
• -- Department of State
• -- Department of Defense

Foreign Military Sales Program & Process

• Eligibility
• -- Customers
• -- Products and Services
• Select Policies
• Authorized Transactions
• -- Stock Sales
• -- Procurement Sales
• -- Dependable Undertakings
• -- Deferred Payment Sales
• -- Leases
• Types of Cases
• -- Defined Order Cases
• -- Blanket Order Cases
• -- Cooperative Logistics Supply Support Arrangements (CLSSA)
• Initiating the FMS Case
• -- Letter of Request (LOR)
• -- Negative Responses
• -- Preliminary (Price & Availability [P&A]) Data
• -- Letter of Offer and Acceptance (LOA)
• -- Letter of Intent (LOI)
• -- Coordination and Approval
• -- Congressional Notification & Review
• -- Acceptance
• Amendments and Modifications
• Pricing FMS Cases
• -- Stock Sales
• -- Procurement Sales
• -- Agents' Fees, Commissions & Political Contributions
• -- IR&D / B&P
• -- Taxes
• -- Surcharges
• -- Termination Liability
• -- Direct Charges
• -- Waivers and reductions
• Offsets
• Terms of Sale
• -- Deposit
• -- Collection & Payments
• -- Trust Funds
• -- Disbursements
• Execution of FMS Requirements
• Delivery of FMS Materiel
• -- Title transfer
• -- U. S. Flag Carriers
• -- Responsibilities
• -- Methods of Transport
• -- Discrepancies
• Follow-on Support
• Case Closure
• Disputes and Remedies

Foreign Military Financing

• Background
• Types
• -- Direct Loans
• -- Guaranteed Loans
• Eligibility
• -- General Standards
• -- Credit Standards
• Annual FMF Funding Process
• Issuance of Loans & Commitment of Funds
• Permissible Sources of Goods and Services
• Transportation Restrictions
• -- General Policies
• -- Waivers
• Repayment
• -- Due Dates & Late Payments
• -- Sanctions
• FMF of Direct Commercial Sales
• -- Guidelines & Ground Rules
• -- Place of Manufacture
• -- Domestic Content
• -- Offsets
• -- Fees and Commissions
• -- Oversight
• -- Contractor certification
• -- Subcontractor Flow-downs
• -- DCMA / DCAA Reviews
• -- Audits
• -- Disputes & Remedies
• -- Applications & Agreements
• -- Defense Export Loans Guarantees

Export Control

• Statutes and Regulations
• ITARS
• USML
• Commodity Jurisdiction Procedure
• Controlled Exports
• -- Definitions
• -- What is Controlled
• -- Prohibited Destinations and Exports
• Exempt Exports
• -- FMS Exemption
• -- U. S. Government End-Use
• -- Canadian Exemption
• -- General Exemptions
• -- Miscellaneous Exemptions
• Licensing
• -- Defense Articles
• -- SME & MDE
• -- Defense Services
• -- Manufacturing License Agreements
• -- Technical Assistance Agreements
• -- Technical Data
• -- Special Circumstances
• Export Process and Procedure
• -- Registration
• -- Advisory Opinions
• -- Types of Licenses
• -- Licensing Procedure & Approval
• -- Special Regimes
• -- End-Use Monitoring
• -- Denial of License

Agents Fees and Commissions: ITAR Reporting Requirements

• Who Must Report
• Payments Subject to Reporting
• Payments by Vendors and Suppliers
• Information Required to be Reported

Foreign Corrupt Practices Act

• Prohibited Conduct
• Elements of Violations
• Exceptions
• Affirmative Defenses
• Scope of the Act
• Subsidiaries and Affiliates
• Business Review Procedure
• SEC Enforcement
• DoJ Enforcement
• Civil and Criminal Penalties

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Sponsor Background:

Federal Publications Inc., founded in Washington, DC in 1958, is recognized as the dominant force in providing Government procurement information to contracts professionals—the leader for high quality print publications, electronic materials, and educational seminars on Government contracting subjects. Construction contracting, immigration law, personnel and employment, international law and business, and environmental law are other areas in which Federal Publications has gained a reputation for high quality products.