[Code of Federal Regulations]
[Title 32, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR205.5]

[Page 386]
 
                       TITLE 32--NATIONAL DEFENSE
 
        CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)
 
PART 205_END USE CERTIFICATES (EUCs)--Table of Contents
 
Sec. 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 Defense for Policy (USD(P)).
    (3) Upon obtaining the concurrence of the USD(P), waive the 
restrictions in Sec. 205.4(c)(3) when purchase of the item is in the 
national interest.
    (4) When requested, and in coordination with the USD(P), assist the 
Military Departments and Defense Agencies 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 Department of State.
    (2) When requested, and in coordination with the USD(A), assist the 
Military Departments and Defense Agencies in negotiating the elimination 
or amelioration of the EUC's restrictive language.
    (3) Develop procedures for coordination 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 Sec. 205.4(c)(1).
    (c) The Secretaries of the Military Departments and the Directors of 
the Defense Agencies shall:
    (1) Authorize the execution of Category I and II EUCs in accordance 
with the procedures outlined in Sec. 205.6. This responsibility may not 
be delegated by the Directors of Defense Agencies; it may be delegated 
by Secretaries of the Military Departments to civilian officers of their 
respective departments appointed by the President with the advice and 
consent of the Senate. Once EUC execution is authorized, the Director of 
a Defense Agency, or Military Department civilian official who has been 
delegated authorization authority may delegate the authority to sign 
individual EUCs.
    (2) Establish procedures to ensure compliance with this part. These 
procedures 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 notification to USD(A) before 
authorizing the execution of a Category II EUC.