What is a Designated Government Representative in a Foreign Military Sale?

To ensure government accountability and control are maintained for classified material, all international transfers take place through official government-to-government channels or other channels mutually agreed upon in writing by the sending and receiving governments (i.e., collectively, a government-to-government transfer), consistent with the government-to-government principle.

Transfers must take place between Designated Government Representatives (DGRs) who are appointed by their governments or international organizations. The U.S. DGR for Direct Commercial Sales (DCS) is a Defense Counterintelligence and Security Agency (DCSA) representative. Another USG employee at a facility may be given this responsibility. The U.S. DGR is responsible for performing the “foreign disclosure” verification (i.e., verifying the classified material to be transferred is covered by an export authorization); ensuring appropriate written security arrangements are in place; and decrementing and endorsing the license back to Department of State Directorate of Defense Trade Controls (DDTC). In cases when a DCSA, or other USG official is not immediately available, DCSA may delegate certain DGR functions to a company’s Empowered Official or Facility Security Officer. However, DCSA must ensure that the proper documentation is in place before delegating such authority, must maintain oversight responsibility, and must follow-up to ensure that proper procedures were followed. For FMS shipments, the U.S. DGR is appointed by the FMS case implementing agency.

The DGR of the recipient government or international organization receives or verifies receipt of the information or material (depending on the location of the transfer and the arrangements specified in the LOA and/or contract and the transfer plan) on behalf of the recipient government or organization.

The official transfer of security responsibility is not complete until the foreign government’s DGR notifies the U.S. DGR that the recipient government or organization has taken final custody of the classified material and assumed full control for its safeguarding under bilateral security or program-specific security agreements between the USG and the foreign government. A freight forwarder or commercial carrier is a transfer agent and cannot be a DGR. All transfers must be consistent with the NISPOM for commercial sales and DoDM 5200.01 and the SAMM Chapter 7 for FMS sales.