Related Issues

FMF Transactions
Providing guidance to U.S. companies on sales to the Israeli Ministry of Defense Mission to the United States that are funded by the U.S. Government under the Foreign Military Financing (FMF) program.
Assistance with understanding the requirements of the Guidelines for Foreign Military Financing of Direct Commercial Contracts and the Contractor’s Certification and Agreement with Defense Security Cooperation Agency (DSCA)
Analyzing and advising clients on specific issues that commonly arise in FMF contracts, including (a) identifying U.S. content and host national content in the purchase agreement; and (b) identifying and, when required, reporting commissions, contingent fees or compensation; (c) exemption for funding non-U.S. content purchased from a U.S. company that qualifies as “commercial off the shelf.”
FMS Transactions
Advising on the overall process for U.S. Government sales under the U.S. Foreign Military Sales (FMS) program, including use of the exemption in ITAR §126.6 for exports of Technical Data and Defense Services approved in the Letter of Offer and Acceptance (LOA) for the transaction.
Guidance to non-U.S. clients involved in providing repair and maintenance services to non-U.S. armed forces on the process for obtaining authorization from the U.S. Department of State, Political-Military Affairs Bureau, Office of Regional Security and Arms Transfer (PM/RSAT) for retransfers of Defense Articles originally sold by the U.S. Government under the FMS program.

Nuclear Regulatory Commission
Assistance with applications for licenses and use of general licenses to export nuclear and nuclear related materials source materials under 10 CFR Part 110, including licenses for the export of source materials and byproduct materials.
Guidance on requirements applicable to the U.S. distribution of source materials and byproduct materials, including distribution licenses, annual reporting requirements and product marking requirements.

● Assisted a U.S. client with preparing a request to DSCA to apply a substantial transformation methodology to information technology (IT) hardware manufactured in the United States. Although the substantial transformation request was not successful, we obtained DSCA approval of a waiver that allowed funding of the non-U.S. content incorporated into the U.S. client’s product.

● Obtained concurrence from DSCA on a process for allocating costs and identifying the country of manufacture for foreign-developed software that was printed on media and sold from the United States.

● Successfully obtained an Exempt Distribution License under 10 CFR Part 40 authorizing a U.S. client to import and distribute in the United States products that contained source material, while at the same time disclosing past distribution without the required license and negotiating with the NRC to settle the matter without any penalty or negative action.