The ABC of Foreign Military Sales (FMS)

U.S. export control laws and regulations have due to their complexity and extraterritorial application a significant impact on non-U.S. organizations be-it a Ministry of Defense or a private organization. Foreign Military Sales (FMS) differs in approach to direct commercial sales (DCS) which can lead to confusing situations, and even to potential violations. However, FMS when understood and supervised correctly presents numerous advantages and opportunities to all parties concerned. So, lets comply and use them to our mutual benefit.

Who should attend

This intermediate-level training course is specifically designed for compliance professionals and those in a similar role working for government agencies or companies (temporarily) obtaining U.S. export-controlled articles and technology procured through government-to-government Foreign Military Sales (FMS), and authorized by the Arms Export Control Act (AECA) (22 U.S.C. 2751, et. seq.).

What you will learn

The course will cover multiple topics relevant for Government and private organizations outside the U.S. that are subject to U.S. export controls and participate or will participate in FMS programs at any level

Highlighted topics:

• The Language, acronyms and jargon
• Key concepts and definitions
• The arms export control act (AECA)
• The foreign assistance act (FAA)
• Export control reform act (ECRA) and the effects on Hybrid arrangements
• What is a LOA, LOR, TPT etc.
• Foreign Military Sales (FMS)
• Conventional Arms Transfers (CAT)
• Program of record (POR’s)
• FMS Process from cradle to grave
• Hybrid (FMS/DCS mix)
• Change in End-Use, and more

Course Objectives

• Getting familiar with key concepts and definitions of FMS, specifically the do’s, don’ts, cans and cants for organizations outside of the U.S.
• Understanding the (potential) extraterritorial impact of U.S. export controls on organizations outside of the U.S. and the risks of non- compliance
• Obtaining practical knowledge and insights to ensure compliant shipments, repairs, maintenance and overhaul, including upgrades, studies and analysis outside of the USA in the context of FMS. Working on multi-national FMS cases. Incorporating your own national industry base in the requirements to the USA.
• Getting familiar with recent trends in enforcement and compliance program guidelines