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The overall classification of this presentation is UNCLASSIFIED
                   Acquisition & Cross-Servicing
                       Agreements (ACSA)
                     United States African Command

                                  ACSA Training

                        CDR James T. Thomas
                  Chief of Contracts/ACSA Program
                            DSN: 421-3814
                      Comm: 49-711-729-3814
                  Email: james.thomas@africom.mil
                                 Overall Classification of this brief
                                           is UNCLASSIFIED
As of: 15 August 2011
Partnership-Security-Stability                   2                      United States Africa Command

       Purpose
       Important Definitions & Major References
       Understanding ACSA & Its History
       ACSA – Agreement Procedures
       Implementing Arrangements
       Acquisition-Only Authority
       Items Eligible/Not Eligible
       Ceilings & Retransfer Restrictions

Partnership-Security-Stability      3      United States Africa Command
                                 Outline (cont.)

       Key Tenets / Players
       ACSA in Action
       AGATRS
      Summary & Whom to Contact

Partnership-Security-Stability          4          United States Africa Command

    • To present a basic familiarization/training of the overall
      responsibilities, regulations, and execution of the
      Acquisition and Cross-Servicing Agreements (ACSA)

    • To provide a venue for ACSA Program discussions and
      exchanges of ideas
       • e.g. MCC-E

    • To identify ACSA improvements/actions to pursue
       • “ACSA would work better if”
       • Plan of attack
Partnership-Security-Stability      5             United States Africa Command

    • ACSA:
        The actual “Agreement.” International agreement
        between the US DoD and foreign military or defense
        establishment, facilitating the exchange of Logistics
        Support, Supplies and Services (LSSS) between the

    • ACSA Order:
        When signed by Authorized POCs of both parties,
        obligates the exchange of Logistics Support, Supplies
        and Services for Cash, Replacement-In-Kind, or Equal
        Value Exchange.

Partnership-Security-Stability        6           United States Africa Command
                                 Definitions (cont.)

    • Implementing Arrangement (IA):
         Supplemental Document negotiated to specify implementation of an
         ACSA for special situations or commodities which is an international
         agreement in itself. Also a general document that accompanied MLSAs
         or older ACSAs, which are now part of the ACSA itself.

    • Point Of Contact (POC):
         The official representative, designated by the US or foreign military to
         initiate and sign ACSA orders or to accept or make payments on their
         behalf. Is designated by office and listed in the POC Annex of the
         MLSA, ACSA, or IA. In an IA, can be designated for only a specific
         reason or time period.

Partnership-Security-Stability            7                  United States Africa Command
                                 Major References

    • Title 10, United States Code - Sections 2341-2350

    • DOD Directive 2010.9, 28 APR 03

    • CJCSI 2120.01A, 27 NOV 06

    • U.S. Africa Command Directive ACI 4000. (In Review

    • ACSA Global Automated Tracking and Reporting
      System (AGATRS)

Partnership-Security-Stability          8           United States Africa Command
                            Understanding ACSA

    • U.S. Law Prohibits DoD (Mil-to-Mil) Buying /
      Selling / Giving / Loaning Support without Legal

    • Title 10 U.S. Code § 2341 et seq. (ACSA Statute)
      gives DoD that Authority

Partnership-Security-Stability      9        United States Africa Command
                                 Program History

     • 1970s: Troop reductions in Europe forced increased reliance on
       NATO allies for logistics support

     • 1980: NATO Mutual Support Act (NMSA)
        – Authorized DoD to enter into agreements with NATO and
          subsidiary organizations to provide support
        – Granted authority to provide support outside of FMS

     • Congress has amended statute several times:
        – 1986: Expanded beyond NATO
        – 1989: Name of agreement changed to ACSA; allowed Equal
          Value Exchange (EVE)
        – 1990s: Permitted airlift, loans, and non-lethal Significant
          Military Equipment
        – 2006: allowed to conclude ACSAs with organizations where
          the US is not a member
Partnership-Security-Stability          10             United States Africa Command
                                 ACSA Description

    • Bilateral agreement to exchange Logistics Support,
      Supplies, and Services (LSSS)
    • Complements Foreign Military Sales (FMS), Direct
      Commercial Sales, and standard contracting
    • ACSAs provide:
          –   Legal authority to transfer LSSS
          –   Means to meet logistics shortfall emergencies
          –   Reduction in logistics tail
          –   Flexibility to the commander
          –   Worldwide coverage
          –   Mil to Mil Interoperability

Partnership-Security-Stability          11          United States Africa Command
                        ACSA Description (cont.)

       • Can be used in a broad range of military
         contingencies and circumstances
             –   Wartime
             –   Training deployments
             –   Combined exercises
             –   Contingency operations
             –   Peace operations
             –   Exigent circumstances
             –   Humanitarian or foreign disaster relief
Partnership-Security-Stability      12           United States Africa Command
                       How Do We Get An ACSA?

    Phase I: Brief and Prep for Negotiations
  • COCOM requests country/organization be granted ACSA Eligibility

  • State Dept and OSD delegate ACSA Eligibility through JS J4 to

  • Authorization to Negotiate is delegated to the Combatant Commands

  • ACSA Negotiating Template and Briefing is generated at the COCOM
    and Passed to the In-Country Team, Lead By Either the Defense
    Attaché Office (DATT) or the Office of Defense Cooperation (ODC), if
    there is one, or Pol/Mil Officer in Embassy

  • DATT/ODC has rapport with MoD and will “sell” them on the benefits
    of negotiating; request invitation to ACSA Negotiating Team to come
    and negotiate with MoD
Partnership-Security-Stability       13               United States Africa Command
                       How Do We Get An ACSA?
              Phase II: Negotiate and Request
                   Authority to Conclude
 • COCOM ACSA Negotiating Team (J4 ACSA Negotiator and JA
   International Agreements Lawyer).

 • Negotiating Team briefs MoD or his rep on ACSA program and
   conducts negotiations using approved negotiating text.

 • Negotiations are conducted with assistance from DATT/ODC with goal
   of obtaining agreed-to, Ad Referendum, Text.

 • J4 sends document to JSJ4 with request for authorization to conclude

Partnership-Security-Stability       14               United States Africa Command
                      How Do We Get An ACSA?
                  Phase III: Conclude and Post
     • JS J4 passes document to OSD and DoS to receive authorization to

     • Once JS gets authorization, they pass to COCOM.

     • If there is a foreign language version it is certified to match the
       English base document in meaning.

     • COCOM sets up signing ceremony with MoD.

     • COCOM creates electronic and hard copies of final agreements and
       distribute certified copies as required per Case Act.

Partnership-Security-Stability           15                 United States Africa Command
                       Time Frame For New ACSA

                        Prepping the Battlefield
  • It can take anywhere from weeks to years to get an invitation to
    negotiate an ACSA, depending on the support of the County Team
    (DATT/ODC/POL-MIL Officer), and acceptance from the host nation
    Ministry of Defense and other ministries within the government.

  • Once an invitation is obtained, it normally takes 1-3 months to
    organize the trip, considering visas, country clearances, schedules,
    TDY orders, transportation, and accommodations .

Partnership-Security-Stability        16                 United States Africa Command
                       Time Frame For New ACSA

  • Negotiations: Negotiations normally take 2-4 days, but can be
       delayed by excessive or significant changes to the template or disputed
       issues, translation or language problems, and the host nations lack of
       preparedness to conduct negotiations

  • Processing Authorization to Conclude Packet and
    submitting to Joint Staff: This process normally take 1-4 weeks
       and is chiefly dependent on the number and scope of changes to the
       template and includes creating document displaying all changes with
       the rationale (the Why) for the changes and a formal legal review and
       opinion. The packet is signed by the COCOM J4, requesting
       authorization to conclude.

Partnership-Security-Stability          17                United States Africa Command
                       Time Frame For New ACSA

  • Authorization to Conclude: Once the packet is approved, it is
    forwarded to JS electronically. It is first staffed at JS, then OSD, and
    finally must go through at least 9 offices at the Department of State.
    This process normally takes 3-6 months. Authorization letters are then
    sent back down the chain with the COCOM receiving one from Joint
    Staff to conclude the agreement, if it is approved. Any discrepancies
    or rejection of changes can prolong the process months or even

  • Foreign Language Certification: Host Nation prepares a translation,
    based on the English ad referendum version which is then certified by a
    qualified translator that it is substantially identical to the English
    version in meaning. Again, discrepancies, or failure to reconcile issues,
    will prolong the process.

Partnership-Security-Stability        18                 United States Africa Command
                       Time Frame For New ACSA

  • Conclusion/Signing the ACSA: Concluding the ACSA will normally
    take 1-3 months depending chiefly on the timing of schedules of the
    signatories, if a formal signing ceremony is preferred. In most cases
    the ACSA will go into force upon the last signature. However, the host
    nation has the option of having the ACSA be provisional upon
    signature, and going through a ratification process lasting from weeks
    to years. The ACSA then goes officially into force upon notification via
    either diplomatic note or letter from their ministry of defense.

  • The entire agreement can conceivably be completed in days to weeks if
    a contingency exists and there is complete support of the ACSA from
    DoS, OSD, Joint Staff, the COCOM, the Embassy and the Host Nation!

Partnership-Security-Stability        19                United States Africa Command
                   Implementing Arrangements (IA)

    • Like an ACSA, an IA is a bilateral international agreement
       • Case Act reporting applies

    • Implementing Arrangements (IAs) are supplemental
      documents to ACSAs that go into more detail

    • Authority over IAs is held at the COCOM level

    • COCOMs track IAs and delegate other entities (ie…
      Components, other COCOMs) to negotiate / conclude

Partnership-Security-Stability   20             United States Africa Command
                   Implementing Arrangements (IA)

    • Components or other entities will submit request
      to negotiate with proposed negotiating text for
      legal review / approval.

    • May be tailored for specific operation or
      contingency, have specific time limit, or specific
      authorized POCs to approve.

    • May be tailored for a specific area such
      Communications Services as an example, where
      intricate detail is required.
Partnership-Security-Stability   21        United States Africa Command
                      Acquisition-Only Authority
    • What: Provides for statutory waiver of selected provisions of U.S. law in
      the acquisition of specified Logistic Support, Supplies or Services (LSSS)
      to support US Forces when an ACSA does not exist with a specified nation

    • With Whom:
      – Preauthorized: NATO bodies and NATO countries; UN and other
         int’l organization of which U.S. is a member
      – Other: Other nations that meet one or more of the following criteria:
           • All ACSA Eligible Countries in Africa(Cameroon, Burundi, etc)
           • Defense alliance with United States
           • Stationing of armed forces or home porting of naval vessels
           • Preposition U.S. materiel
           • Host for U.S. exercises or military operations

Partnership-Security-Stability            22                 United States Africa Command
                   Acquisition-Only Authority (cont.)

    • How implemented:
          – Contracts concluded under Chapter 137, 10 USC (Federal Acquisition
            Regulation) and 2341 and 2343, 10 USC (ACSA)
          – Bilateral International Agreement (Acquisition-Only Agreement) relying
            solely on authority of 10 USC 2341 and 10 USC 2343

    • Other key provisions:
          – Chairman, JCS has delegated to COCOMs authority to determine
            Acquisition-only eligibility
          – Chapter 137 contracts must be executed by warranted contracting officer;
            but does not require competitive bids
          – Obligations incurred under Acquisition-Only Authority may be
            liquidated by cash, Replacement-In-Kind or Equal Value Exchange of
            Logistical Support, Supplies and Services (LSSS)

Partnership-Security-Stability             23                  United States Africa Command
                       Items Eligible/Not Eligible

Partnership-Security-Stability      24         United States Africa Command
                                 Eligible Items

        Food                                Billeting
        Transportation                      Petroleum, Oil, and
        Clothing                            Communication Services
        Medical Services                    Ammunition
        Base Operations Support             Storage Services
        Use of Facilities                   Training Services
        Spare Parts and                     Repair and Maintenance
        Components                          Services
        Port Services                       Calibration Services

Partnership-Security-Stability         25                United States Africa Command
                                 Examples of LSSS

        Food                     Feeding troops; acquisition or transfer of rations
        Billeting                Lodging; temporary shelter; and hygiene
        Transportation           Moving personnel and equipment; airlift;
                                 temporary use of general-purpose vehicles

        Petroleum, Oil,          Refueling of ground vehicles or aircraft;
        and Lubricants           exchange of fuel

        Clothing                 Cold weather and protective gear

        Communication            Field radio operator support; use of installation
        Services                 comm facilities and equipment; access to comm
                                 satellites; translation and interpretation services

Partnership-Security-Stability                 26                 United States Africa Command
                       Examples of LSSS (cont.)

       Medical Services          Health care services; emergency medical
                                 supplies; use of medical facilities
       Ammunition                Small arms ammo; dumb bombs; unguided
                                 projectiles and rockets; riot control chemical
                                 ammo; land mines; demolition material;
                                 grenades; flares and pyrotechnics
       Base Operations           Maintenance of facilities; grounds keeping;
       Support                   perimeter security; laundry; minor construction

       Storage Services          Storage; maintenance and security services

       Use of Facilities         Use of a building; use of mortuary facilities
       Training Services         Use of training ranges; orientation visits;
                                 training in aircraft and vehicle cross-servicing;
                                 use of flight simulators; target services

Partnership-Security-Stability                27                 United States Africa Command
                       Examples of LSSS (cont.)

        Spare Parts and          Mutual spare parts support
        Repair &                 Servicing of aircraft and vehicles; preventive
        Maintenance              maintenance services
        Port Services            Offloading equipment at ports; temporary
                                 storage of offloaded equipment; minor vehicle
        Calibration              Calibration of operational and training
        Services                 equipment

       • Transfers are limited to the above categories, but not
         limited to the examples

Partnership-Security-Stability                 28                United States Africa Command
                                 Items Not Eligible

    • Weapon systems
    • Major end items (may not be permanently
      transferred, but might be loaned)
    • Initial quantities of replacement and spare parts
      for major end items
    • Guided missiles, naval mines and torpedoes
    • Guidance kits for bombs or other ammunition
    • Nuclear ammunition and associated items
    • Chemical ammunition (other than riot control

Partnership-Security-Stability           29           United States Africa Command
                                 Monetary Ceilings

    • Acquisition of LSSS
          – $200 Million for transactions with NATO bodies, NATO nations,
            UN, or other int’l organization of which U.S. is a member

          – Of $200 Million total, no more than $50 Million may be incurred
            for LSSS other than POL

          – Comparable figures for acquisitions from non-NATO countries are
            $60 Million for total and $20 million for non- POL LSSS

    • Transfer of LSSS
          – $150 Million in sales to NATO bodies, NATO nations, UN, or
            other int’l organization of which U.S. is a member

          – $75 Million in sales to any participating non-NATO country (with
            signed cross-servicing agreement)

Partnership-Security-Stability           30             United States Africa Command
                                 Monetary Ceilings

    • Ceilings apply only to cash transactions
          – Limitations do not apply during period of active
            hostilities and are automatically waived when
            U.S. armed forces are involved in either a
            contingency operation or a non-combat
            operation for the purpose and duration of that
            operation and for the foreign nation involved in
            the operation.

          – The NDAA for 2007 has eliminated all ceilings
            for POL

Partnership-Security-Stability           31          United States Africa Command
                          Retransfer Restrictions
                           (Third Party Transfer)

    • Retransfer of LSSS from the original recipient to another foreign
      government, int’l organization or any entity other than the officers or
      agents of the original recipient requires prior written approval of US
      Government or likewise the US Government must obtain written
      approval to transfer.

    • If US Government approves retransfer, original recipient remains
      obligated for reimbursement for full value of entire quantity of LSSS
      originally provided by the United States.

    • Request to Transfer is submitted through US Africa Command to JSJ4;
      staffed through OSD and DoS.

Partnership-Security-Stability          32                United States Africa Command
                                 Key Tenets
    • NO OBLIGATION! Does not financially or politically
      obligate either party to provide support.

      PRIORITIES: All transactions must be mutually agreed
      upon before signing and executing.

      program providing three payment alternatives (Cash,
      Replacement-in-Kind, Equal Value Exchange).

    • COST EFFECTIVE: Reciprocal pricing used for
      acquisitions or transfers (i.e., charge each other the
      same price we charge ourselves).

Partnership-Security-Stability       33          United States Africa Command
                                 Key Players
    • JCS J4
       – Maintain master list of eligible Non-NATO countries
       – Maintain record copies of concluded agreements and
         supporting documentation
       – Interfaces with OSD and DoS for all ACSA issues

    • COCOM
       – Develop, negotiate, and conclude ACSA agreements
       – Approve and delegate authority to negotiate and conclude
         Implementing Agreements to subordinate commands
       – Forward copy of concluded agreement to JCS J-4

    • Service component or sub-unified command
       – Chief Executers of ACSA Orders
       – Negotiate Implementing Arrangements

Partnership-Security-Stability        34             United States Africa Command
                                 ACSA In Action

    • Utilized in most recent operations
           – Djibouti: Logistics support at Camp Lemonnier!
           – Balkans: US provided airlift support and UHF satellite
             access; acquired bed down support
           – Afghanistan: Providing base ops, fuel, and other support to
             coalition members
           – Iraq: Primary method to logistically support Multinational
    • Great asset for disaster relief/humanitarian assistance
           – Provided fuel to Japan for C-130 operations in support of
             Tsunami relief efforts
           – Supplied fire fighting equipment to Malaysia to assist
             putting out Indonesian forest fires
           – Provided airdrop support to Malian troops

Partnership-Security-Stability          35                United States Africa Command
              ACSA Global Automated Tracking
              and Reporting System (AGATRS)
   • Automated system for processing ACSA Orders on US side
   • Process transactions through entire process from “cradle to grave”
   • Provide real time reports on individual orders or roll up of all
     transactions with a nation or organization
   • Contains data base of agreements and regulations
   • Orders initiated by non-US entity is entered upon becoming an invoice
   • Officially went on line in Spring 06
   • AGATRS website at: https://www.jccs.gov/olvr/
   • Administrator will determine level of account required

Partnership-Security-Stability       36                United States Africa Command
                                 ACSA Summary
 •   Don’t need an ACSA to do business…Need to be at least ACSA eligible!!!
      • Acquisition Only for ACSA eligible countries.
 •   Bilateral logistics support program
 •   Promotes interoperability, enhances operational readiness, and delivers cost-
     effective mutual support
 •   No obligation to agree to provide support
 •   Quick, Easy…don’t necessarily need a warranted contracting officer or
     competition….accelerating the acquisition process!
 •   Reimbursable program utilizing reciprocal pricing principle
 •   Can be used worldwide (ACSA to provide support to Japanese forces in Djibouti.)
 •   Critical Logistics Enabler
       – Can access each other’s logistics infrastructure
       – Allows emphasis on “teeth” rather than “tail”
       – Builds coalition interoperability
       – Responsive Support

Partnership-Security-Stability                  37           United States Africa Command
                       ACSA – Whom to Contact
    • Headquarters, U.S. Africa Command – Agreements and Policy

               • CDR James T. Thomas, ACSA Manager
               • comm: [49] 711-729-3814, e-mail: James.Thomas@africom.mil

               • Ms. Sybille Quigtar, Agreements Specialist
               • comm:0711-729-4850, e-mail: L.Sybille.Quigtar@AFRICOM.mil

               • Mr. Enrique Arroyo, Attorney (International)
               • comm: 0711-729-4666, e-mail: Enrique.Arroyo@africom.mil

Partnership-Security-Stability            38                United States Africa Command


                                                                       Mr. Derrick Weaver:
                                                                   OPS/LOG ACSA Manager

The overall classification of this presentation is UNCLASSIFIED
                        Acquisition and Cross-Servicing
                              Agreement Status

    • USEUCOM AOR Aug. 15, 2008 (39) Countries
          – Transfer Completed

    • USPACOM AOR Aug. 19, 2008 (3) Countries
          – Transfer Completed

    • USCENTCOM AOR Oct. 1, 2008 (7)Countries
          – Transfer Completed

    • USAFRICOM AOR 1 OCT 08              (53) Countries

    • Total ACSA’s Completed 20

Partnership-Security-Stability       40            United States Africa Command
           Acquisition and Cross-Servicing Agreements

    COUNTRY                      EFFECTIVE DATE ACSA    REMARKS

    Benin                        Jun 16, 2008 – N/A

    Burkina Faso                 Aug. 6, 2008 – N/A

    Botswana                     Jun. 27, 2003 -2013

    Cape Verde                   Jun. 18, 2003 – 2013

    Chad                         Mar. 13, 2004 - 2014

    Djibouti                     Feb. 13, 2002 - 2010

    DROC                         Sep. 29, 2006 – N/A

    Ethiopia                     Jul. 17, 2002 - 2012

    Gabon                        Jul. 19, 2006 – N/A

    Ghana                        Jan. 11, 2005 - 2015

    Liberia                      Apr. 18, 2007 – N/A

    Mali                         Sep. 20, 2006 – N/A
Partnership-Security-Stability                  41         United States Africa Command
          Acquisition and Cross-Servicing Agreements

    COUNTRY                      EFFECTIVE DATE ACSA     REMARKS

    Mauritania                   Jun. 22, 2005 - ?????   Currently under
    Mozambique                   May 2, 2007 – N/A

    Rwanda                       Jul. 13, 2004 - 2014

    Sao Tome & Principe (STP)    Aug. 13, 2007 - N/A

    Senegal                      May 14, 2001 – N/A

    South Africa                 May 8, 2001 – N/A

    Tunisia                      Apr. 29, 1994 – N/A

    Uganda                       Jul. 14, 2004 - 2014

Partnership-Security-Stability                  42            United States Africa Command

   Country        Determine      Request     Approved   Negotiate   Sign    Remark
                  Need           Authority
   Algeria                                                                  Decline

                                                                            10/27/2008 Received
   Benin                                                                    Authorization to
                                                                            conclude ACSA

                                                                            ready to sign once MoD
   Cameroon                                                                 concurs

                                                                            Not interested in ACSA
                                                                            Presently coordinating
    Congo                                                                   Meeting

   Cote D’

Partnership-Security-Stability                  43                  United States Africa Command

  Country         Determine Request     Approved   Negotiate   Sign     Remark
                  Need      Authority
                                                                        (CENTCOM ) Not
  Eritrea                                                               interested in ACSA

                                                                        Limited engagement,
  Equatorial                                                            Per DOS


                                                                        (CENTCOM ) MOD
  Kenya                                                                 Rejected ACSA

                                                                        Not interested in ACSA

Partnership-Security-Stability            44                   United States Africa Command

   Country        Determine      Request     Approved   Negotiate   Sign        Remark
                  Need           Authority
   Malawi                                                                       (answering
                                                                                questions) for the
                                                                                Not interested
   Morocco                                                                      approval of
                                                                                language change

   Nigeria                                                                      approval of
                                                                                language change
                                                                                Problem with
   Sierra                                                                       reimbursement
   Leone                                                                        time frame

                                                                                (CENTCOM )In
   Seychelles                                                                   Negotiations

                                                                                NOT ACSA
   Somalia                                                                      Eligible
                                                                                (CENTCOM )

Partnership-Security-Stability                  45                  United States Africa Command

    Country        Determine     Request     Approved   Negotiate   Sign         Remark
                   Need          Authority
                                                                                 NOT ACSA
    Sudan                                                                        Eligible
                                                                                 (CENTCOM )

                                                                                 negotiated ready
     Zambia                                                                      to sign once MoD


Partnership-Security-Stability                  46                  United States Africa Command

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