Foreign Military Sales

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An essential course for manufacturers, exporters and their executives, and legal and financial advisors, featuring:

· What the laws and regulations require for FMS sales and direct sales of military products

· Foreign Military Financing

· Practical instruction on export licensing of defense articles and services

· Complying with the Foreign Corrupt Practices Act

· Agents’ fees and commissions

· . . . and much more

The international marketplace offers substantial opportunities for U.S. firms in the business of selling military products and services. These international contracting opportunities can take the form of Foreign Military Sales as well as direct sales of military products and services.

Each type of sale presents unique problems in marketing, contract negotiation, approval, and performance. Contractors who wish to engage in international contracting opportunities successfully and profitably must be able to anticipate and settle the problems that can arise. To do this means being able to navigate a complex web of statutes, regulations, and policies governing FMS, FMF, and U.S. export controls. This specially developed program is such an opportunity -- offering guidance on the rules and skills you need to be successful in this area.

Dates and Locations

May 23-24, 2012

AMA Conference Center

Arlington, VA

$1025.00

October 25, 2012

AMA Conference Center

Arlington, DC

$595.00

Accreditation

CLE Hours

This Program is eligible for:

8.25 (60 minute)

9.9 (50 minute)

CPE Hours

This Program is eligible for:

9.0 (CPE) hours of credit

Program Level: Basic

Program Prerequisite: None

Advance Preparation: None

Method: Group-Live

Related Downloads

Registration Form for fax-in registrations (PDF)

Daily Schedule

Day 1

Las Vegas, NV: 8:30 AM - 4:30 PM

Washington, DC: 8:30 AM - 4:30 PM

International Contracting Week (1 Day Only): 8:30 AM - 4:30 PM

Day 2

Washington, DC: 8:30 AM - 12:00 PM

Las Vegas, NV: 8:30 AM - 12:00 PM

FOREIGN MILITARY SALES COURSE CURRICULUM

Introduction to Security Assistance

History

Trends

Legal & Policy Development

Statutory, Regulatory & Policy Framework

Authorizing Legislation

Arms Export Control Act

Foreign Assistance Act

Appropriating Legislation

Foreign Operations Appropriations

Defense Appropriations

Regulations

Security Assistance Management Manual (SAMM)

International Traffic in Arms Regulations (ITARS)

United States Munitions List (USML)

Federal Acquisition Regulation (FAR)

Defense Federal Acquisition Regulation Supplement (DFARS)

Policy Constraints on FMS

Government Involvement

Legislative Branch

Role of Congress

Legislated Policy

Congressional Controls

Judicial Branch

Executive Branch

President

Department of State

Department of Defense

Foreign Military Sales Program & Process

Eligibility

Customers

Products and Services

Select Policies

Authorized Transactions

Stock Sales

Procurement Sales

Dependable Undertakings

Deferred Payment Sales

Leases

Types of Cases

Defined Order Cases

Blanket Order Cases

Cooperative Logistics Supply Support Arrangements (CLSSA)

Initiating the FMS Case

Letter of Request (LOR)

Negative Responses

Preliminary (Price & Availability [P&A]) Data

Letter of Offer and Acceptance (LOA)

Letter of Intent (LOI)

Coordination and Approval

Congressional Notification & Review

Acceptance

Amendments and Modifications

Pricing FMS Cases

Stock Sales

Procurement Sales

Agents' Fees, Commissions & Political Contributions

IR&D / B&P

Taxes

Surcharges

Termination Liability

Direct Charges

Waivers and reductions

Offsets

Terms of Sale

Deposit

Collection & Payments

Trust Funds

Disbursements

Execution of FMS Requirements

Delivery of FMS Materiel

Title transfer

U. S. Flag Carriers

Responsibilities

Methods of Transport

Discrepancies

Follow-on Support

Case Closure

Disputes and Remedies

Foreign Military Financing

Background

Types

Direct Loans

Guaranteed Loans

Eligibility

General Standards

Credit Standards

Annual FMF Funding Process

Issuance of Loans & Commitment of Funds

Permissible Sources of Goods and Services

Transportation Restrictions

General Policies

Waivers

Repayment

Due Dates & Late Payments

Sanctions

FMF of Direct Commercial Sales

Guidelines & Ground Rules

Place of Manufacture

Domestic Content

Offsets

Fees and Commissions

Oversight

Contractor Certification

Subcontractor Flow-downs

DCMA / DCAA Reviews

Audits

Disputes & Remedies

Applications & Agreements

Defense Export Loans Guarantees

Export Control

Statutes and Regulations

ITARS

USML

Commodity Jurisdiction Procedure

Controlled Exports

Definitions

What is Controlled

Prohibited Destinations and Exports

Exempt Exports

FMS Exemption

U. S. Government End-Use

Canadian Exemption

General Exemptions

Miscellaneous Exemptions

Licensing

Defense Articles

SME & MDE

Defense Services

Manufacturing License Agreements

Technical Assistance Agreements

Technical Data

Special Circumstances

Export Process and Procedure

Registration

Advisory Opinions

Types of Licenses

Licensing Procedure & Approval

Special Regimes

End-Use Monitoring

Denial of License

Agents Fees & Commissions: ITAR Reporting Requirements

Who Must Report

Payments Subject to Reporting

Payments by Vendors & Suppliers

Information Required to be Reported

Foreign Corrupt Practices Act

Prohibited Conduct

Elements of Violations

Exceptions

Affirmative Defenses

Scope of the Act

Subsidiaries and Affiliates

Business Review Procedure

SEC Enforcement

DOJ Enforcement

Civil and Criminal Penalties

COURSE DIRECTOR
Anthony J. Perfilio is Of Counsel with Rendigs, Fry, Kiely & Dennis, L.L.P.

Mr. Perfilio concentrates his practice in government, public, and business contracts and dispute resolution. His principal practice areas include contract solicitation and proposal requirements, competition, award selections and bid protests, contract technical data and intellectual property matters, organizational conflicts of interest, contract interpretation, dispute resolution, and terminations for convenience and default. A retired member of the Senior Executive Service, he has over 31 years of practice experience as an attorney and legal services manager for the Department of the Air Force. Prior to retiring as Director, Air Force Materiel Command Law Office, he supervised all Air Force contract dispute resolution before the Armed Services Board of Contract Appeals and all legal services in connection with acquisition of major weapon systems by the Aeronautical Systems Center, research and development by the Air Force Research Laboratory, and foreign military sales by the Air Force Security Assistance Center.

Mr. Perfilio is admitted to practice in Ohio and Pennsylvania, as well as before the U. S. Supreme Court and several Federal trial and appellate courts. He is an active member of the Federal Bar Association, having served as past president of the Association's Dayton, Ohio Chapter and serving currently as a Council Member of the Federal Bar Association's Government Contracts Section. Also active in the Armed Forces Communications and Electronics Association, Mr. Perfilio serves on the Board of Directors of the association's Dayton-Wright Chapter, and is a past Chairman of the Board. Mr. Perfilio is a Fellow of the Foundation of the Federal Bar Association.

He holds a Bachelor of Science in Mechanical Engineering from Utah State University and Juris Doctor, Cum Laude, from the University of Pittsburgh School of Law. He is a member of the Order of the Coif. Mr. Perfilio also completed the Harvard University, John F. Kennedy School of Government, Program for Senior Executives in National and International Security.

Accreditation

CLE Hours

This Program is eligible for:

8.25 (60 minute)

9.9 (50 minute)

CPE Hours

This Program is eligible for:

9.0 (CPE) hours of credit

Program Level: Basic

Program Prerequisite: None

Advance Preparation: None

Method: Group-Live