062145Z FEB 17
MARADMIN 064/17
MSGID/MARADMIN/CMC PPO PL WASHINGTON DC//
SUBJ/POLICY FOR NO COST-LEASE OF MARINE CORPS SMALL ARMS TO FOREIGN SECURITY FORCES IN SUPPORT OF EXERCISES//
REF A/DOC/MCO 5530.14A MARINE CORPS PHYSICAL SECURITY PROGRAM/5 JUN 2009//
REF/B/DOC/JOINT PUBLICATION (JP) 1-02 DEPARTMENT OF DEFENSE DICTIONARY OF MILITARY AND ASSOCIATED TERMS/8 NOV 2010//
REF/C/DOC/U.S. CODE (USC) TITLE 22 CHAPTER 39//
REF/D/DOC/DOD 7000.14-R DOD FINANCIAL MANAGEMENT REGULATION VOLUME 15 CHAPTER 7 SECTION 0711/JAN 2014//
REF/E/DOC/DEFENSE SECURITY COOPERATION AGENCY (DSCA) MANUAL 5105.38M SECURITY ASSISTANCE MANAGEMENT MANUAL (SAMM)/APR 2012//
REF F/DOC/USC TITLE 10 SECTION 321/DEC 2016//
REF/G/DOC/DOD 7000.14-R DOD FINANCIAL MANAGEMENT REGULATION VOLUME 11A CHAPTER 15 SECTION 1501/NOV 2012//
REF H/DOC/MCO 4400.203 VOL 10 ACCOUNTABILITY FOR GOVERNMENT FURNISHED PROPERTY AND EXTERNAL LOANS, LEASES, AND BAILMENTS/13 AUG 2015//
REF I/DOC/MCO 3570.1 RANGE SAFETY/30 JAN 2012//
REF J/DOC/DLM 4000.25 VOLUME 1 CONCEPTS AND PROCEDURES CHANGE 2 DEFENSE LOGISTICS MANAGEMENT STANDARDS/23 OCT 2015//
REF K/DOC/MCO 5710.6C SECURITY COOPERATION/24 JUN 2014//
NARR/REF A IS THE MARINE CORPS ORDER PRESCRIBING POLICY AND RESPONSIBILITIES ACROSS THE CHAIN OF COMMAND TO ESTABLISH AND MAINTAIN A ROBUST PHYSICAL SECURITY PROGRAM AND DEFINES THE TERM SMALL ARMS AS IT RELATES TO THE APPLICABILITY OF THIS MESSAGE. REF B IS THE JP DEFINING STANDARD MILITARY TERMS AND DEFINES THE TERM EXERCISE AS IT RELATES TO THE APPLICABILITY OF THIS MESSAGE. REF C IS THE ARMS EXPORT CONTROL ACT, WHICH INCLUDES THE AUTHORITY TO LEASE DEFENSE ARTICLES TO PARTNER NATIONS AND TO WAIVE LEASE COSTS FOR THE PURPOSE OF MILITARY EXERCISES (22 U.S.C. 2796). REF D IS DOD FINANCIAL MANAGEMENT REGULATION GUIDANCE REGARDING THE PRICING AND CALCULATION OF CHARGES OF LEASES. REF E IS THE DSCA GUIDANCE REGARDING THE DEVELOPMENT, IMPLEMENTATION, AND EXECUTION OF LEASE AGREEMENTS WITH PARTNER NATIONS (PN). REF F IS THE STATUTORY LANGUAGE PROVIDING THE AUTHORITY TO PAY FOR THE INCREMENTAL EXPENSES OF A DEVELOPING COUNTRY INCURRED AS THE DIRECT RESULT OF EXERCISING WITH GENERAL PURPOSE FORCES OF THE UNITED STATES. REF G IS DOD FINANCIAL MANAGEMENT REGULATION GUIDANCE AND DEFINES INCREMENTAL EXPENSES AS IT RELATES TO THE APPLICABILITY OF THIS MESSAGE. REF H PROVIDES GUIDANCE ON ACCOUNTABILITY FOR GOVERNMENT FURNISHED PROPERTY AND EXTERNAL LOANS, LEASES, AND BAILMENTS. REF I PRESCRIBES ARMY AND MARINE CORPS RANGE SAFETY POLICIES AND RESPONSIBILITIES FOR FIRING AMMUNITION ON ARMY AND MARINE CORPS RANGES AND/OR LIVE-FIRE TRAINING FACILITIES. REF J PRESCRIBES LOGISTICS MANAGEMENT RESPONSIBILITIES, PROCEDURES, AND RULES TO CONDUCT LOGISTICS OPERATIONS AND DEFINES SMALL ARMS AS IT RELATES TO THE APPLICABILITY OF THIS MESSAGE. REF K IS THE MARINE CORPS ORDER ON SECURITY COOPERATION.//
POC1/ MILLER, JIM/CIV/CMC WASHINGTON DC PPO PL/703-692-4340/JAMES.L.MILLER5(AT)USMC.MIL/POC2/HEISER, ALLISON/CTR/CMC WASHINGTON DC PPO PL/703-692-4338/ALLISON.HEISER.CTR(AT)USMC.MIL/POC3/CALDERON, E./CIV/CMC WASHINGTON DC LPC LP/571-256-7126/ERNESTINA.CALDERON(AT)USMC.MIL/POC4/MITCHELL, VICKIE/CIV/MARCORSYSCOM-IP/703-432-8944/VICKIE.MITCHELL(AT)USMC.MIL//
GENTEXT/RMKS/1.  Situation.  To provide guidance for the use of no-cost lease agreements of Marine Corps small arms to partner nations (PNs) in support of PN participation in U.S. territory-based bilateral or multilateral exercises with Marine forces.  This policy is intended to provide an option to facilitate deliberate exercise planning and establish appropriate no-cost lease agreements across multiple years, as required.
2.  Background.
2.A.  The purpose of this policy is to provide amplifying guidance for the use of no-cost lease agreements of Marine Corps small arms to support PN participation in U.S. territory-based bilateral and multilateral exercises.
2.B.  The preferred method is to have PNs participating in bilateral or multilateral exercises be responsible for planning and coordinating all logistics and funding requirements, to include transportation of their small arms to the United States.
2.C.  There are instances, however, where PNs cannot bring their own small arms due to PN financial constraints, U.S. import/export shipping lead-time, and/or the control requirements governing the import and export of PN weapons in and out of United States borders.  As a result of these challenges, regional Marine Corps Forces Commands(MARFORs) may leverage existing authorities and appropriations, such as ref F and Foreign Military Financing (FMF), which are available to provide eligible PNs with U.S. Government (USG) funds to pay for the incremental expenses incurred as a direct result of the PN participation in bilateral or multilateral exercises.
2.D.  A no-cost short-term lease may be established with a PN for Marine Corps small arms if the options in paras 2.B. and 2.C. have been exhausted.
3.  Policy.
3.A.  For the purposes of this policy, small arms (e.g., M16s/M4s/M9s/M203s) are as defined in appendix 2 of ref A.
3.B.  This policy applies to military exercises as defined in ref B and is not applicable to Title 10 training.
3.C.  This policy does not supersede or override existing authorities by which PNs can lease or purchase Marine Corps small arms or pay for the transportation of their own small arms to enable participation in bilateral or multilateral exercises.  These options are the preferred method for PN participation.
3.D.  Each exercise situation will be unique, requiring coordination to ensure amplifying guidance on the physical security, transportation, and property accountability of small arms is provided upon approval to utilize the no-cost lease option.
3.E.  Director, Defense Security Cooperation Agency (DSCA) is the signatory on lease agreements and approver of no-cost lease waiver requests.  See ref E.
3.F.  No-cost lease agreements are implemented per refs C through E.
3.G.  Defense articles, to include small arms, may only be leased to a country or international organization if that country and/or organization is eligible for Foreign Military Sales (FMS) purchases in accordance with (IAW) refs C and E.  Leases of defense articles, to include small arms, are subject to the limitations of national disclosure policies.
3.H.  No-cost lease of small arms to PNs in support of bilateral or multilateral exercises is appropriate only in cases where PN participation in the exercise is of significant benefit to the Marine Corps.  No-cost lease agreements shall be limited to PNs that cannot fund a traditional lease with national funds or other appropriate USG funds and whose participation in the exercise is of significant benefit to the Marine Corps.
3.I.  This policy applies only to exercises held within U.S. territory, including aboard ships in U.S. territorial waters.  Application of this policy outside of the United States or its territories will require a specific request via message traffic through DC PP&O, via Strategy and Plans Division (PL) and DC I&L, Small Arms/Light Weapons, Supply Policy (LP).  Decision to proceed with a no-cost lease agreement with a PN outside of U.S. territory will be made at the O-6 level or higher, as appropriate.
3.J.  This policy governs the process for no-cost lease of small arms from the appropriate level Marine Corps supply activity and does not govern any other incremental expenses associated with the PN participation in the exercise (e.g., ammunition).
3.K.  The lease agreement of defense articles to PNs will be executed IAW refs A and C-E.  The lease agreement and associated support letter of offer and acceptance (LOA) shall include rental charges and other costs associated with the lease.
3.L.  Lease agreements must be written for not less than a 30-day period per chapter 11.6 of ref E.  However, PN lessees can return the leased small arms upon completion of the exercise, even if that period is shorter than 30 days.  Further, all lease agreements shallstate that the USG may terminate the lease at any time, even if less than a 30-day period IAW ref E.
3.M.  A lease agreement constitutes an official government-to-government agreement and includes standard terms and conditions dictated by U.S. Law covering liability and damage of the small arms. Per chapter 11.6 of ref E, the lessee must agree to pay the costs of restoration or replacement if the articles are lost, damaged, or destroyed while leased.  In the event a leased small arm is damaged beyond repair, not returned, etc., actions must be taken to report missing, lost, stolen, recovered (MLSR) weapons, as directed in ref A and the replacement cost must be collected IAW chapter 11.6. of ref E via the associated support LOA.
3.N.  Marines executing bilateral or multilateral exercises shall ensure PNs adhere to Marine Corps weapons management policies and guidance and amplifying guidance provided by Headquarters Marine Corps.
3.O.  The lease agreement shall incorporate Marine Corps weapons handling and storage policies and procedures, including that the lessee would agree to abide by such instructions for handling and storage as directed by the unit issuing the small arms.
3.P.  Only U.S. procured or U.S. approved ammunition is authorized to be fired from Marine Corps small arms leased to PNs.  Ammunition to support leased PN small arms will be planned for and coordinated through the supporting MARFOR/Marine Expeditionary Force via the appropriate funding and authority to fund the ammunition.
3.Q.  The hosting unit commander is responsible to mitigate risk associated with PN possession of small arms and ammunition outside of U.S. installations when transporting small arms off and between installations and vessels during an exercise.
3.Q.1.  For example, to mitigate risk associated with PN possession of small arms and ammunition, PN personnel should not be permitted to remove Marine Corps small arms off U.S. installations.  Small arms leased pursuant to this policy should only be transported in materiel (i.e., vehicles, vessels, aircraft) owned or leased by the USG or National Guard.  Finally, small arms should be under the control of the USG in the event of transportation between installations and vessels for purposes of the exercise IAW refs A, J, and paras 3.J. and 3.K. of this message.
3.Q.2.  If the lease includes bulk arms and ammunition as defined in ref A (i.e., 16 small arms or more), the MARFOR feasibility of support will highlight this requirement to ensure appropriate coordination with I&L (LP) and PP&O (PS) for more specific guidance.
3.R.  Prior to the release of the small arms to the PN under the lease agreement, commanders shall provide small arms orientation or familiarization by a designated Marine instructor appropriate to the expected use of weapons prior to use (e.g., preventive maintenance, familiarization fire).  No instruction beyond familiarization is approved unless there is both the appropriate authority and funding to conduct that training or activity IAW ref E.
3.S.  PN personnel will be required to perform routine weapons care in order to return small arms in operable, clean, and complete condition.  These terms should be included in the lease agreement.
3.T.  A lease support letter of offer and acceptance (LOA) will likely be required alongside a lease agreement.  Any additional costs incurred in lease execution of the small arms (e.g., restoration, maintenance, transportation, accessorial costs, or other support costs incurred in connection with the lease) must be considered, priced, and included as a separate support case with the appropriate funding authority identified prior to the commencement of the exercise IAW ref E.  These costs may be considered as part of the no-cost waiver IAW ref C or planned for through other appropriate USG authorities and appropriations (e.g., FMF, Acquisition and Cross-Servicing Agreements).
4.  Planning and Execution Guidance.
4.A.  Regional MARFORs
4.A.1.  Must consider all expenses (e.g., ammunition, transportation) associated with the PN participation in the exercise and consider the funding source and associated authorities as early in the planning process as possible.  Early planning is essential inachieving a successful exercise.
4.A.2.  Determine whether participating PNs will require or request the use of Marine Corps small arms at no cost as early as possible in the planning process but NLT 180 days prior to the commencement of the exercise.
4.A.3.  If the MARFOR can source the small arms in support of the exercise internally, then the MARFOR will submit a naval message request seeking no-cost lease waiver approval with supporting justification through the appropriate regional desk officer at PP&O (PLU) with an information copy to Marine Corps Systems Command, International Programs (MARCORSYSCOM-IP), PP&O (PLU-7), and I&L (LP).  If the MARFOR cannot source the items internally, they will submit the naval message request seeking no-cost lease waiver approval in addition to a feasibility of support (FOS) request with supporting justification through the appropriate regional desk officer at PP&O (PLU) with an information copy to MARCORSYSCOM-IP, PP&O (PLU-7), and I&L (LP).
4.A.4.  The naval message requesting a no-cost lease waiver should include, at a minimum, the PN(s) requiring the no-cost lease agreement, MARFOR exercise points of contact, justification that PN participation in the exercise is of significant benefit to the Marine Corps IAW Office of the Secretary of Defense, Joint Staff, Department of the Navy, and/or Service-level guidance, make, model, and proposed quantities of small arms requested, and proposed duration of the no-cost lease agreement.
4.A.5.  Coordinate with appropriate MARCORSYSCOM-IP POC during the development of the no-cost lease agreement to ensure the lease meets the specific requirements of the exercise.
4.A.6.  Execute a lease agreement, upon approval by I&L (LP) which will be implemented by MARCORSYSCOM-IP IAW this message, ref H, and associated I&L (LP) execution message.
4.B.  PP&O (PLU)
4.B.1.  PP&O (PLU) will review the MARFOR naval message NLT 120 days prior to the commencement of the exercise.  The regional desk officer will validate the justification provided the justification supports the case that the PN participation in the exercise is of significant benefit to the Marine Corps IAW Office of the Secretary of Defense, Joint Staff, Department of the Navy, and/or Service-level guidance.
4.B.2.  If the justification and, as required, the I&L (LP) sourcing solution to furnish Marine Corps small arms in support of the exercise are validated by the PP&O (PLU) regional desk officer, PP&O (PLU), in coordination with I&L (LP), will release a coordinated approval message to Navy International Programs Office (NIPO), I&L (LP), MARCORSYSCOM-IP, and the appropriate MARFOR.  NIPO will coordinate with DSCA and task the appropriate FMS case(s) to MARCORSYSCOM-IP to initiate lease development as outlined in para 4.C.
4.C.  MARCORSYSCOM (IP)
4.C.1.  Serve as the principal Systems Command Security Cooperation Office for Marine Corps FMS of ground weapons systems and information technology systems sold or leased under the Foreign Assistance Act (Title 22, Chapter 32) and the Arms Export Control Act (ref C).
4.C.2.  Coordinate with the appropriate NIPO country desk officer to ensure the “no-cost lease” and associated letter(s) of offer and acceptance are tasked via the Defense Security Assistance Management System (DSAMS) for development.
4.C.3.  Develop the lease agreement(s) and associated letter of offer and acceptance IAW chapter 11.6. of ref E, ref H, and this message, once tasked by NIPO in DSAMS.
4.C.4.  Coordinate with appropriate MARFORs while developing the no-cost lease agreement and associated letter(s) of offer and acceptance to ensure the lease meets the specific requirements of the exercise.
4.C.5.  Coordinate with NIPO to ensure timely administrative processing of the case in DSAMS to DSCA.  During case writing, DSCA will coordinate the lease agreement with the Department of State (DoS).
4.D.  Headquarters Marine Corps, Installations and Logistics, Logistics Policies and Capabilities Branch (I&L/LPC)
4.D.1.  Serve as the Management Control Authority (MCA) responsible for the control, accountability, and administration of government property furnished to external entities from Marine Corps inventory.
4.D.2.  Determine property availability and provide recommended sourcing solution to lease Marine Corps small arms to PN personnel in support of bilateral and/or multilateral exercises IAW the process outlined in chapters 3, 6, and 7 of ref H, when requested by the MARFOR exercise planner.
4.D.3.  Develop logistics execution message for the MARFOR and/or supporting units executing the exercise.  The execution message will contain guidance on, but not limited to, required reports, accountability requirements, return of small arms, etc. and will undergo legal review as part of the coordination effort IAW ref H.
4.E.  Marine Corps Logistics Command (MARCORLOGCOM)
4.E.1   Shall conduct feasibility of support when requested, and determine best sourcing solution, IAW ref H.
4.E.2.  As the Small Arms Executive Agent, ensure any issues between Marine Corps units and the Small Arms Registry are properly resolved.
5.  Administration and Logistics.
5.A.  PP&O (PLU) will incorporate policy guidance regarding no-cost lease of small arms to PNs into the next update of ref K.
5.B.  I&L (LP) will incorporate policy guidance regarding no-cost lease of small arms to PNs into the next update of ref H.
6.  Command and Signal.  This message is applicable to the Marine Corps Total Force and is effective the date released.
7.  Release authorized by BGen Christopher J. Mahoney, Director, Strategy and Plans Division, Plans, Policies, and Operations, Headquarters Marine Corps.//