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What is a Building Partner Capacity case?

Updated 3 October 2026Checked against the SAMM: 11 September 2026

A Building Partner Capacity case is a that the U.S. Government uses to transfer defense articles and services, including training, to a partner under Title 10 or Title 22 authorities, paid for with U.S. appropriations rather than the partner's own funds. It runs on the machinery, but the benefiting partner does not sign it.

A BUILDING PARTNER CAPACITY CASE AGAINST THE APPROPRIATION’S CLOCK fmsedge.com PHASE SAMM C15.1.5 Title 22 or Title 10: which authority is behind a case? Before the case authority and money Planning and requirements BPC case development Implementation Execution Amendments as needed Closure After the funds cancel U.S. GOVERNMENT who acts, and the limits the money sets Title 22 or Title 10: which authority is behind a case? Program authority Title 10 of the U.S. Code or the annual NDAA, e.g. 10 U.S.C. 333 Appropriation U.S. funds only: DoW (Title 10), or State (Title 22) through an FAA Section 632(b) agreement SAMM C15.1.1 · C11.3.3.1 What does a combatant command (CCMD) do in security cooperation? The Requesting Authority plans and writes the Memorandum of Request: the combatant command for Title 10, State for Title 22. DSCA and the IA assess feasibility; the IA checks the funds can be obligated in time. SAMM C15.1.6 · C15.2 How do you read a Foreign Military Sales case identifier? The IA writes the BPC LOA (“pseudo-LOA”) in DSAMS-BPC. 85% within 60 days from CR complete to BPC Wait (Category D) The IA’s MILSGN is the only signature. State approves before implementation. SAMM C15.3 · C5.T9 What is Obligational Authority in Foreign Military Sales? DSCA confirms the funds are available; the IA posts Funding Received and gets obligation authority. Within the period of availability The funds do not enter the FMS Trust Fund. SAMM C15.4.1 · C15.1.5.3 Case Execution and Delivery in Foreign Military Sales The IA obligates the funds before the period of availability ends, or they come off the case and go back to DSCA. The U.S. ships the materiel, still U.S.-owned, to the SCO in country. SAMM C15.5.1 · C15.5.6 Partner will not receive it: redirect or dispose; under S333, treat as DoW stock What is the difference between an LOA amendment and a modification? Every change is an amendment; modifications are not used. State approves before it is implemented. Current or expired period After the POA: return funds, cut unobligated scope, or a prior year adjustment. SAMM C15.1.5.5 · C15.6.1 How is a Foreign Military Sales case closed? Begins once the case is Supply/Services Complete (SSC). The IA expends the funds or reduces the case value; DSCA requires closure no later than July 31st of the cancelling year. Each IA names a Closure Facilitator no later than 15 months before the funds cancel. SAMM C15.1.5.6 · C15.7 No longer available for any purpose. A later payment needs current funds for the same purpose. SAMM C15.1.4.3 BENEFITTING PARTNER does not sign the case Section 505 agreement (or end-use assurances) before any assistance Foreign Military Sales Security Cooperation Officer (Embassy) SCO engages it; planning does not guarantee assistance Does not sign the BPC LOA: no purchaser acceptance Funded by U.S. appropriations, not by the partner When does title transfer in a Foreign Military Sale? Should get it within 120 days of USG receipt, as far as practical; signs Transfer and Receipt: title passes No acceptance or signature needed Items it has not yet received are identified for final shipment THE APPROPRIATION three phases of availability Title 22 or Title 10: which authority is behind a case? Current (unexpired): the period of availability, for BPC O&M funds one, two, or three fiscal years New obligations, obligation adjustments, expenditures and outlays Expired: no new obligations; FY identity kept for five years Obligation adjustments, expenditures and outlays only Cancelled not available for any purpose The period of availability ends at fiscal year end, September 30th: the appropriation expires Unless legislation specifies otherwise. Unobligated funds come off the case, back to DSCA; obligated funds can still be spent. Positions show sequence, not elapsed time: each appropriation’s period of availability is set by its own legislation, so the bar is not to scale. Dashed: not every case. BPC = Building Partner Capacity; IA = Implementing Agency; SCO = Security Cooperation Organization; POA = period of availability; CR = customer request; S333 = Section 333. FMS Edge phase · not every case · the appropriation expires fmsedge.com · Current as of 11 September 2026 · SAMM C15.1 · C15.2 · C15.3 · C15.4 · C15.5 · C15.6 · C15.7 · C11.3 · C5.T9

A Building Partner Capacity case runs in six phases, and every one of them sits inside the life of the U.S. appropriation that pays for it. While the appropriation is current, its period of availability (for the Operations and Maintenance funds BPC authorities receive, one, two, or three fiscal years), the case can be implemented and new obligations made. When that period ends, at fiscal year end on September 30th unless legislation specifies otherwise, the appropriation expires: funds not yet obligated come off the case and go back to DSCA, and obligated funds can still be spent. Closure has to finish before the appropriation cancels: DSCA requires it no later than July 31st of the cancelling year. The Benefitting Partner signs nothing on the case; its representative signs only the Transfer and Receipt document when title passes.

A Building Partner Capacity case against the appropriation’s clock · Current as of 11 September 2026 · SAMM C15.1 · C15.2 · C15.3 · C15.4 · C15.5 · C15.6 · C15.7 · C11.3 · C5.T9 · Download PNG

What is a Building Partner Capacity case?

programs use U.S. appropriated funds, under Title 10 or Title 22 authorities, to transfer defense articles and services, and are managed through processes.

Typically, these additional authorities allow the DoW and to focus on building capacities of the international partner security forces and enhancing their capabilities to conduct/support:

  • Counterterrorism operations
  • Counter drug operations
  • Counterinsurgency operations
  • U.S. military and stability operations
  • Multilateral peace operations

These types of activities funded with U.S. Government appropriations are called and are administratively managed using the infrastructure. develop cases using established automated systems. It is important to note that has dedicated Chapter 15 of the as the source for comprehensive policy for case and guidance.

The case process starts with the submitting a pre-coordinated request or proposal to the and .

The request, called a , is similar to a traditional , and it will identify the required services, equipment, and the legal authority for the program. and the conduct a feasibility assessment to ensure such areas as requirements, definitions, transportation plans, technology/disclosure, special contracting issues, etc., are addressed and compliant with the program guidelines. The assessment will also verify that the requirements identified are actionable within the program budget constraints and obligation time lines.

Chapter 15 of the also includes specific operating guidelines required when developing and executing the programs:

  • Congressional notification may be required.
  • The case is not signed by the international partner receiving the articles and/or services. Once implemented, case documentation may be shared with the recipient (benefitting) international partner on a case-by-case basis in accordance with guidance.
  • Transportation is typically provided by the to an in-country destination, and the is responsible for conducting an inventory before transferring possession of the materiel to the international partner.
  • For programs where the title transfers, it transfers at the point of delivery vice the initial point of shipment. The is responsible for documenting the transfer to the benefitting national partner.

The and the play a significant role in the case. They must interface with the recipient international partner in order to translate the specific program objectives into detailed package requests. program requests should be linked to the international partner and theater planning documents. Since some cases have a short financial life cycle and are authorized only to counter immediate crisis situations, they generally do not contain sustainment support. Therefore, these sustainment support elements should be considered and funded through other programs such as or . The and should include these sustainment elements in their planning documents.

References

Drawn exclusively from publicly available authorities.

SAMM

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