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Sec.

promote interoperability, standardiza205.5 Responsibilities.

tion, and an expanded procurement 205.6 Procedures.

base, and to obtain products that best AUTHORITY: 10 U.S.C. 131.

meet U.S. needs at the lowest cost. SOURCE: 56 FR 64194, Dec. 9, 1991, unless (b) U.S. worldwide security responsiotherwise noted.

bilities are extensive and recognition

of these special circumstances has re8 205.1 Purpose.

sulted in long-time acceptance in interThis part:

national agreements, by allies and (a) Supersedes the Deputy Secretary friends, of the need for flexibility in of Defense Memorandum, "End Use the authorized uses or transfer of purCertificates,” April 9, 1991.

chased or co-developed articles and (b) Establishes policies, assigns re data. In various circumstances, intersponsibilities, and prescribes proce national agreements have recognized dures for signing EUCs on foreign de that permissible use of an item or data fense items.

for U.S. “defense purposes” as defined

in § 205.3(b). $ 205.2 Applicability.

(c) Consistent with paragraphs (a) This part applies to the Office of the and (b) of this section, DoD CompoSecretary of Defense; the Military De nents may sign EUCs, in accordance partments; the Chairman of the Joint with the policy and procedures outChiefs of Staff and the Joint Staff; lined below. While most EUCs requestthe Unified and Specified Commands; ed by foreign governments use general the Office of the Inspector General, language, their effects may be divided Department of Defense; the Defense into three categories, as described in Agencies; and the DoD Field Activities the following paragraphs. Authority (hereafter referred to collectively as to approve their execution is limited “DOD Components”).

as follows:

(1) Category I. Secretaries of the 8 205.3 Definitions.

Military Departments and Directors of (a) End Use Certificate (EUC). For Defense Agencies may authorize the purposes of this part, a written EUCs: agreement in connection with the (i) For acquisition of items classified transfer of military equipment or for security purposes by a foreign govtechnical data to the United States ernment. that restricts the use or transfer of (ii) For the acquisition of items covthat item by the United States.

ered by the nonproliferation agree(b) Use for defense purposes. In ments to which the United States is a cludes direct use by or for the U.S. party, such as missile technology, or Government in any part of the world (iii) That permit the item to be and transfer by means of grant aid, "used for defense purposes” as defined International Military Education and in $ 205.3(b), by the United States. Training (IMET) programs, Foreign (2) Category II. EUCs that are not Military Sales (FMS), and other secu Category I or III are Category II. Secrity assistance and armaments coop retaries of the Military Departments eration authorities.

and Directors of Defense Agencies

may authorize Category II EUCs only 8 205.4 Background and policy.

after a determination is made through This part is intended to authorize the coordination procedures set forth the execution of EUCs when such a in $ 205.6(a)(1) that, notwithstanding certificate is necessary to facilitate the use or transfer limitations, the purchases of foreign products when purchase is in the U.S. national interthe purchase of such products is in the est. The least restrictive provisions best interest of the United States. possible should be negotiated.

(a) The Military Departments and (3) Category III. Secretaries of Miliother DOD Components purchase tary Departments and Directors of Deproducts produced by allies and fense Agencies may not authorize the friendly countries and participate in signature of EUCs which limit the cooperative development programs to right:

(i) For use by or for the U.S. Gov-
ernment in any part of the world, or

(ii) To provide the item to allies en-
gaged together with the United States
in armed conflict with a common
enemy. Waivers to this prohibition
may be granted by the Under Secre-
tary of Defense (Acquisition)
(USD(A)). Procedures for requesting
such waivers are at $ 205.6(a)(1).
8 205.5 Responsibilities.

(a) The Under Secretary of Defense
(Acquisition) shall:

(1) Monitor compliance with this
part.

(2) Develop procedures to ensure
timely review of Category II and III
items with the Under Secretary of De-
fense for Policy (USD(P)).

(3) Upon obtaining the concurrence
of the USD(P), waive the restrictions
in $ 205.4(c)(3) when purchase of the
item is in the national interest.

(4) When requested, and in coordina-
tion with the USD(P), assist the Mili-
tary Departments and Defense Agen-
cies in negotiating the elimination or
amelioration of an EUC's restrictive
language.

(b) The Under Secretary of Defense
for Policy shall:

(1) Consult with the USD(A) on
waivers authorized by this part and, if
appropriate, coordinate with the De-
partment of State.

(2) When requested, and in coordina-
tion with the USD(A), assist the Mili-
tary Departments and Defense Agen-
cies in negotiating the elimination or
amelioration of the EUC's restrictive
language.

(3) Develop procedures for coordina-
tion and review of EUC's internally
and with the Department of State.

(4) Establish, with the concurrence
of the USD(A), specific acceptable end
use restrictions in addition to those set
forth in Category I, which shall be
added immediately to Category I and a
corresponding administrative change
made to $ 205.4(0/1).

(c) The Secretaries of the Military
Departments and the Directors of the
Defense Agencies shall:

(1) Authorize the execution of Cate-
gory I and II EUCs in accordance with
the procedures outlined in $ 205.6.
This responsibility may not be delegat-

ed by the Directors of Defense Agen-
cies; it may be delegated by Secretar-
ies of the Military Departments to ci-
vilian officers of their respective de-
partments appointed by the President
with the advice and consent of the
Senate. Once EUC execution is au-
thorized, the Director of a Defense
Agency, or Military Department civil.
ian official who has been delegated au-
thorization authority may delegate
the authority to sign individual EUCs.

(2) Establish procedures to ensure
compliance with this part. These pro-
cedures should ensure compliance, for
the life of the purchased item, with
the transfer or use restrictions agreed
to in signing an EUC. They should
also ensure 21-calendar day notifica-
tion to USD(A) before authorizing the
execution of a Category II EUC.

8 205.6 Procedures.

(a) Procedures for the three catego-
ries of EUCs established in § 205.4(c)
are:

(1) Category I. Secretaries of the
Military Departments and Directors of
Defense Agencies may authorize Cate-
gory I EUCs.

(2) Category II. Not less than 21 cal-
endar days before authorizing the exe-
cution of a Category II EUC, Military
Departments and Defense Agencies
shall provide notification to the
USD(A). The notification will contain
a description of the item and the limi-
tations to be imposed by the exporting
government. The USD(A) shall coordi-
nate with the USD(P), providing at
least 14 days for review. If appropri.
ate, the USD(P) shall coordinate with
the Department of State. The USD(A)
shall notify the submitting DoD Com-
ponent of any further action required
before final authorization of the EUC;
otherwise, concurrence may be as-
sumed after expiration of the 21-day
period.

(3) Category III. To acquire an item
requiring a Category III EUC, the Sec-
retary of a Military Department or Di-
rector of a Defense Agency must re-
quest a waiver from the USD(A), Re-
quests for waivers should specify:

(i) Why it is in the interest of the
U.S. Government to procure the item

(ii) The limitations to be imposed by
the exporting government and a justi-
fication for acceptance of those limita-
tions by the U.S. Government.

(iii) A statement that no satisfactory
alternative to the item, considering
cost, schedule, or operational require-
ments, is available from domestic or
foreign sources without equivalent
limitations.

The USD(A) shall coordinate the
waiver with the USD(P), who, if ap-
propriate, shall then coordinate with
the Department of State. USD(A)
shall notify the submitting DoD Com-
ponent of the results.

(b) Copies of signed EUCs of all
three categories shall be provided
promptly to USD(A).

(c) A record of any waivers or modi-
fications of this policy shall be main-
tained by the USD(A).

PARTS 206-209—[RESERVED)

PART 210ENFORCEMENT OF STATE
TRAFFIC LAWS ON DOD INSTALLA-
TIONS

Sec.
210.1 Purpose.
210.2 Applicability and scope.
210.3 Policy.
210.4 Responsibilities.

AUTHORITY: 63 Stat. 377, as amended, 18
US.C. 13; 40 U.S.C. 318a through d., 40
U.S.C. 612.

SOURCE: 46 FR 58306, Dec. 1, 1981, unless
otherwise noted.

$ 210.1 Purpose.

This part establishes policies pursu-
ant to the requirements of Don Direc-
tive 6055.4,' "Department of Defense
Traffic Safety Program," November 7,
1978, and to authority delegated to the
Secretary of Defense under Enclosure
1 for the enforcement, on DoD mili-
tary installations, of those state vehic-
ular and pedestrian traffic laws that
cannot be assimilated under U.S.C.,
Title 18, section 13.

Copies may be obtained, at cost, from the
National Technical Information Service,
5285 Port Royal Road, Springfield, VA
22161.

(46 FR 58306, Dec. 1, 1981, as amended at 56
FR 13285, Apr. 1, 1991)

$ 210.2 Applicability and scope.

(a) The provisions of this part apply
to the Office of the Secretary of De-
fense, the Military Departments, the
Organization of the Joint Chiefs of
Staff, the Unified and Specified Com-
mands, and the Defense Agencies.

(b) The provisions encompass all
persons who operate or control a
motor vehicle or otherwise use the
streets of a military installation over
which the United States exercises ex-
clusive or concurrent legislative juris-
diction.

(c) The provisions govern only vehic-
ular and traffic offenses or infractions
that cannot be assimilated under 18
U.S.C. 13, thereby precluding applica-
tion of state laws to traffic offenses
committed on military installations.

8 210.3 Policy.

(a) It is the policy of the Depart-
ment of Defense that an effective,
comprehensive traffic safety program
be established and maintained at all
military installations as prescribed in
DoD Directive 6055.4.1

(b) State vehicular and pedestrian
traffic laws that are now or may here-
after be in effect shall be expressly
adopted and made applicable on mili-
tary installations to the extent provid-
ed by this part. All persons on a mili-
tary installation shall comply with the
vehicular and pedestrian traffic laws
of the state in which the installation is
located.

(c) Pursuant to the authority estab-
lished in the Enclosure 1 to DoD Di.
rective 5525.42, installation command-
ers of all DoD installations in the
United States and over which the
United States has exclusive or concur-
rent legislative jurisdiction are dele-
gated the authority to establish addi-
tional vehicular and pedestrian traffic
rules and regulations for their installa-
tions. All persons on a military instal-
lation shall comply with locally estab-
lished vehicular and pedestrian traffic
rules and regulations.

? See footnote 1 to $ 210.1.

(d) A person found guilty of violat 8 211.2 Applicability and scope. ing, on a military installation, any

(a) The provisions of this part apply state vehicular or pedestrian traffic

to the Office of the Secretary of Delaw or local installation vehicular or

fense, the Military Departments, the pedestrian traffic rule or regulation

Organization of the Joint Chiefs of made applicable to the installation

Staff, the Unified Command, and the under the provisions of this part is

Defense Agencies (hereafter referred subject to a fine of not more than $50

to as "DoD Components”). or imprisonment for not more than 30

(b) The policy set forth in this part days, or both, for each violation (40 U.S.C. 318c).

applies to:

(1) Military functions expenditures (e) A copy of this part shall be posted in an appropriate place on the

by the Department of Defense, and DoD installation concerned.

(2) Expenditures by nonappropriat

ed fund activities of the Department (46 FR 58306, Dec. 1, 1981, as amended at 56 of Defense that are subject to taxes FR 13285, Apr. 1, 1991; 56 FR 42939, Aug.

imposed by: 30, 1991)

(i) Foreign countries in which U.S. 8 210.4 Responsibilities.

military forces are regularly stationed

(other than attache and other military (a) The Assistant Secretary of De

personnel assigned to a U.S. diplomatfense (Manpower, Reserve Affairs, and

ic mission); and Logistics) shall modify this part as ap

(ii) Any other foreign country in propriate.

which all or most U.S. defense activi. (b) Secretaries of the Military De

ties, in a collective sense, are conductpartments shall comply with this part.

ed in the interest of the common de

fense or otherwise significantly imPART 211-DoD FOREIGN TAX RELIEF

prove the military security of that PROGRAM

country.

(c) The policy set forth in this part Sec.

also applies to Military Assistance Pro211.1 Reissuance and purpose.

gram (MAP) expenditures in all coun211.2 Applicability and scope.

tries. 211.3 Definitions. 211.4 Policy. 211.5 Responsibilities.

8 211.3 Definitions. 211.6 Country tax law studies.

(a) Regardless of how a charge is de211.7 Information requirements.

nominated in foreign law or regulaAUTHORITY: 5 U.S.C. 301 and 10 U.S.C. tion, the words "tax" and "taxes" in133.

clude all direct or indirect foreign cus-, SOURCE: 44 FR 50598, Aug. 29, 1979, unless toms duties, import and export taxes, otherwise noted.

excises, fees and other charges im

posed at the national, local or interme8 211.1 Reissuance and purpose.

diate level of a foreign country other This part (a) is reissued without sub than charges for services rendered or stantive change, to correct superseded for other consideration received. references; and (b) defines the tax (b) For example, taxes include but relief policy of the Department of De are not limited to purchase tax, sales fense, designates the organizational tax, use tax, gross receipts tax, stamp element which has continuing respon tax, transfer tax, transaction tax, sibility for the overall direction of the turnover tax, value added tax, service DoD Foreign Tax Relief Program, de tax, trade tax, business tax, license lineates the responsibilities of other tax, transportation tax, circulation organizational elements to implement tax, luxury tax, possession tax, proand monitor the program, and re

duction tax, registration tax, consumpquires the preparation and mainte tion tax, gasoline tax, real property nance of specified foreign country tax tax, personal property tax, and gross law studies in order to facilitate the income tax. institution of statistical reporting pro (c) The word “relief” includes any cedures.

method, technique, or procedure by

which the ultimate economic burden that such agreements are compatible of a tax on DoD funds may be avoided with the policy set forth in this part or otherwise remedied, such as exemp- and any implementing guidance contion, refund, or drawback.

cerning that policy issued by the Gen8211.4 Policy.

eral Counsel of the Department of De

fense. It is the policy of the Department of

(c) The Chairman, Defense AcquisiDefense to secure, to the maximum

tion Regulatory Council, shall coordiextent practicable, effective relief

nate with the General Counsel of the from all foreign taxes wherever the ul

Department of Defense before the is. timate economic burden of those taxes

suance, amendment, or revision of any would, in the absence of such relief, be borne by funds appropriated or allo

portion of the Defense Acquisition cated to the Department of Defense

Regulatory System (or regulation, di(including MAP appropriations) or

rective, circular, or other publication under the control of its nonappro

within the scope of 32 CFR part 160 priated fund activities. In those cases

that pertains to the implementation of in which the total economic burden of

the DoD Foreign Tax Relief Program. à tax not readily identifiable in the (d) The Assistant Secretary of Denormal course of business is so small fense (Comptroller) shall perform such that it may be considered a de mini fiscal functions as may be required to mis matter, or in which the adminis implement the DoD Foreign Tax trative burden of securing effective Relief Program, including advice and relief from a tax in a particular in assistance in the institution of procestance would be out of proportion to dures for collecting data, compiling rethe amount of the relief obtained, tax ports, and performing internal audits. relief shall be considered impractica (e) The Secretary of each of the Milible.

tary Departments and the Director of $211.5 Responsibilities.

each of the Defense Agencies shall issue

instructions or regulations that charge (a) The General Counsel of the De

a single office within the respective partment of Defense shall:

Military Department of Defense (1) Provide overall supervision and

Agency (referred to as the “Cognizant direction of the DoD Foreign Tax

Office") with continuing responsibility Relief Program.

for supervising and monitoring the im(2) Resolve any significant issues relating to the program.

plementation of the DoD Foreign Tax (3) Designate those countries that

Relief Program within such Departcome within $ 211.2(b)(2)(ii) of this

ment or Agency. Such instructions or part.

regulations shall delegate to the Cog(4) Direct the preparation of country

nizant Office authority commensurate tax law studies for countries not

with its responsibility. within the scope of $ 211.2(b) of this (f) Commanders of Unified Compart.

mands, as appropriate, shall promul(5) Designate the DoD member of gate management procedures to guide the Inter-Agency Committee on For and coordinate the administration of eign Tax Relief, established by the De the DoD Foreign Tax Relief Program partment of State.

throughout their respective area com(b) The Assistant Secretary of De mands. fense (International Security Affairs) (g) For each foreign country that shall monitor the negotiation and con

comes within the scope of subsection clusion of international agreements

B.2. of this directive, a single Military subject to the Secretary's approval au

Commander shall be designated by the thority under DoD Instruction 2050.1

Commander of the Unified Command. Delegated Approval Authority to Ne

The designated Military Commander gotiate and Conclude International

shall be the same designated under Agreements, July 6, 1977,' to ensure

the procedures in 32 CFR 151.3(c).

The designated Military Commander See footnote 1 to $ 209.5(d).

shall:

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