What is a third-party transfer in Foreign Military Sales?

A process, authorized by the Arms Export Control Act, through which eligible foreign governments and international organizations may purchase defense articles, services, and training from the United States Government.

The legal instrument used by the USG to transfer itemized defense articles, defense services, and design and construction services to foreign partners.

When used under the authorities provided in the Arms Export Control Act for Foreign Military Sales, the LOA is a binding agreement signed by the USG and the foreign partner to transfer such articles and services.

When used under Building Partnership Capacity (BPC) authorities, the BPC LOA is not signed by the Benefitting Partner.

A commercial import/export company registered with the Department of State, Bureau of Political-Military Affairs, Directorate of Defense Trade Controls and under contract to the Foreign Military Sales customer which arranges transportation of materiel from a point specified in the Letter of Offer and Acceptance to the final destination.

Activities undertaken by the DoD to encourage and enable international partners to work with the United States to achieve strategic objectives. It includes all DoD interactions with foreign defense and security establishments, including all DoD-administered security assistance programs, that: build defense and security relationships that promote specific U.S. security interests, including all international armaments cooperation activities and security assistance activities; develop allied and friendly military capabilities for self-defense and multinational operations; and provide U.S. forces with peacetime and contingency access to host nations.

Recorded information of a scientific or technical nature, regardless of form or characteristic. Examples of technical data packages include research and engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information and computer software documentation.

Any weapon, weapons system, munition, aircraft, vessel, boat, or other implement of war;

The U.S. Munitions List is an enumeration of defense articles and defense services and is published in the Department of State's International Traffic in Arms Regulations.

The USG requires recipients of U.S.-origin defense articles, services, training, or technical data to obtain written consent from the Department of State prior to transfer, disposal, or change of end-use of its U.S.-origin articles, services, training, or data. Such approval is required for all transfer, change of end-use or destination not previously authorized in the original acquisition. Included are defense articles and technical data obtained through the USG Foreign Military Sales (FMS) Program or Grants (i.e. Military Assistance Program or Excess Defense Article).

The sale, lease, loan, or other transfer of defense articles and defense services such as arms, ammunition, and implements of war, including components thereof, and the training, manufacturing licenses, technical assistance, and technical data related thereto, provided by the USG under the authority of the Foreign Assistance Act of 1961, as amended, or the Arms Export Control Act, as amended, or other statutory authority, or directly by commercial firms to foreign countries, foreign private firms, or to international organizations. See also conventional arms transfers.

Any item of Significant Military Equipment on the U.S. Munitions List having a nonrecurring research and development cost of more than $50 million or a total production cost of more than $200 million. Also defined in section 47 (6), Arms Export Control Act.

Any service, test, inspection, repair, training, publication, technical or other assistance, or defense information used for the purpose of furnishing military assistance or sales of the United States, but does not include military education and training activities under section 2347 of the FAA (22 U.S.C 2347) or design and construction services under section 29 of the AECA.

A legislative resolution, designated H J Res (House) or S J Res (Senate) which requires the approval of both houses and the signature of the President, just as a bill does, and which has the force of law if approved. There is no practical difference between a bill and a joint resolution. A joint resolution generally is used to deal with a limited matter such as a single appropriation. Congressional rejection of a proposed arms transfer, lease, third country transfer, or a proposed international cooperative project takes the form of a joint resolution of disapproval.