Who holds which authority

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1. The two departments that matter

Many bodies touch an arms transfer. Congress appropriates the money and takes a close interest in what moves; the national security staff, the budget office and the treasury all have roles. But the chain narrows quickly: "aside from the President, the principal legislated responsibilities fall to the Department of State (State) and the DoD" (SAMM C1.3).

The division between them is not a matter of custom. Detailed delegations sit in an executive order that "allocates authority and responsibility for SA principally to the Secretary of Defense and the Secretary of State" (SAMM C1.2.3).

Inside the defense department the authority then travels a defined path. It "is further delegated to the Deputy Secretary of Defense, to the Under Secretary of Defense for Policy (USD(P)), and finally to the Director, DSCA" (SAMM C1.2.3). That is why the security cooperation agency signs so much: it holds delegated secretarial authority rather than authority of its own.

2. What the state department decides

The foreign policy department holds the decisions that determine whether anything happens at all. Under the two governing acts and the executive order, the secretary of state "is responsible for continuous supervision and general direction of SA programs" (SAMM C1.3.1).

That supervision is specific. It "includes determining whether (and when) there will be a program or sale for a particular country or activity (to include International Military Education and Training (IMET)) and, if so, its size and scope" (SAMM C1.3.1). It also covers budget requests and the allocation of military assistance funds.

Four further functions belong there. The department "reviews and approves export license requests for direct commercial sales of items on the United States Munitions List" and "also reviews and approves third party transfers of exported defense articles and services" (SAMM C1.3.1). It confirms statutory eligibility and obtains the required assurances from recipients before most grant transfers. And it prepares and submits the budget justification to Congress, including the annual estimate of sales and licensed exports expected for each country and the annual arms sale proposal (SAMM C1.3.1).

A partner refused a license or a retransfer is therefore not being refused by the defense department. Those decisions are described in export licenses and customs clearance and third party transfer and retransfer consent.

3. What the defense department decides

On the other side the responsibility is technical and executive. "The Secretary of Defense (SECDEF) establishes military requirements and implements programs to transfer defense articles and services to eligible foreign countries and international organizations" (SAMM C1.3.2).

Five bodies carry the work: "Within DoD, the principal responsible agencies for security cooperation (SC) are DSCA, the Combatant Commands (CCMDs), the Joint Staff (JS), the Security Cooperation Organizations (SCOs), and the Military Departments (MILDEPs)" (SAMM C1.3.2).

Above them the policy office sets direction. It "serves as the principal staff assistant and advisor to the SECDEF on SC matters", develops and coordinates the guidance carrying the secretary's goals and priorities, and evaluates program assessments (SAMM C1.3.2.1). One of its powers is worth noting by any partner competing for scarce equipment: it "determines priorities for diversion of materiel and equipment in consultation with the Director, DSCA".

The security cooperation agency then "directs, administers, and provides guidance to the DoD Components and DoD representatives to U.S. missions, for the execution of DoD SC programs for which DSCA has responsibility" (SAMM C1.3.2.2). It also approves the establishment of offices in partner countries and changes to their manpower, jointly with the joint staff.

4. Where a case is actually executed

None of those offices runs a case day to day. "An Implementing Agency (IA) is the MILDEP organization (See Table C1.T1.) or defense agency (See Table C5.T3B.) responsible for the execution of SC programs" (SAMM C1.3.2.6).

The agency carries the delivery obligation: "The IA is responsible for the overall management of actions for delivery of the materiel, supporting equipment, or services set forth in the SC programs and activities being provided to a foreign partner" (SAMM C1.3.2.6).

It is also the source of the technical answers a partner needs before it can even frame a request. Agencies "provide the technical information and other data, upon request, on weapons systems, tactics, doctrine, training, capabilities, logistic support, price, source, availability, and lead-time for developing and reviewing SC programs" (SAMM C1.3.2.6).

For the three military departments the named organizations are published. The army works through an office of the deputy assistant secretary. The navy uses an international programs office, covering the marine corps and the coastguard. The air force uses a deputy under secretary for international affairs, covering the space force (SAMM Table C1.T1). Knowing which of the three owns a system is the difference between a request that lands and one that is forwarded.

5. The supporting cast

Four further organizations appear constantly in case paperwork and are rarely explained.

• The contract audit agency "performs all necessary contract auditing for the DoD and provides accounting and financial advisory services regarding contracts and subcontracts", including contracts supporting cases (SAMM C1.3.2.7).
• The finance and accounting service "performs accounting, billing, disbursing, and collecting functions for SC programs", with its Indianapolis site as the primary location (SAMM C1.3.2.8). That is the office a payment actually reaches.
• The joint chiefs provide military advice and review campaign plans, and hold two powers that bear directly on delivery. They "assign Force/Activity Designators (F/AD) for priorities in the allocation of stocked defense articles, defense services, and military education and training", and they assign project codes for operations needing heightened logistic visibility (SAMM C1.3.2.9). Both are explained in priority of supply and force activity designators.
• The combatant commanders develop the campaign plans, and "supervise the SCOs in matters related to execution of the GEF, including the provision of necessary technical assistance and administrative support" (SAMM C1.3.2.10). Eleven commands are listed, six of them regional.

6. A third department, easily missed

One more department has a role that matters to industry rather than to ministries. "The Department of Commerce (DOC) is the lead organization for the USG's Defense Advocacy Program, a means by which U.S. Defense industry can submit requests for the USG's support when competing in foreign markets" (SAMM C1.3.3).

Its work reaches into the transfer system at several points. It "works closely with State, DoD, and U.S. missions to engage foreign decision makers on the strategic, military, and economic issues associated with major defense procurements", and it "also reviews EDA allocations, materiel surveys, and international agreements" (SAMM C1.3.3).

It also holds the other export control regime. The department "regulates the export of sensitive dual-use goods and technologies" and administers the system that assures the timely availability of industrial resources for defense requirements (SAMM C1.3.3).

That last point catches programs out. An item that is not on the munitions list is not therefore free of control; it is controlled by a different department under a different regime, and the license comes from a different place.

Key terms

E.O. 13637	The order allocating assistance authority between the two secretaries. SAMM C1.2.3.
USD(P)	The policy office through which secretarial authority passes to the agency.
Implementing agency	The military department or defense agency that actually executes a case.
DFAS	The accounting service that bills, collects and disburses on cases.
Dual-use	Goods controlled by the commerce department rather than the munitions list.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

How Sentfore supports this

Decisions are taken in several capitals; delivery happens in one place. Sentfore provides secure movement, protective security, accommodation and site support for defense programs in complex environments. Requirements can be sent through the contact page.