[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: 32CFR205.6]

[Page 386-387]
 
                       TITLE 32--NATIONAL DEFENSE
 
        CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)
 
PART 205_END USE CERTIFICATES (EUCs)--Table of Contents
 
Sec. 205.6  Procedures.

    (a) Procedures for the three categories of EUCs established in Sec. 
205.4(c) are:
    (1) Category I. Secretaries of the Military Departments and 
Directors of Defense Agencies may authorize Category I EUCs.

[[Page 387]]

    (2) Category II. Not less than 21 calendar days before authorizing 
the execution 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 limitations to be imposed by 
the exporting government. The USD(A) shall coordinate with the USD(P), 
providing at least 14 days for review. If appropriate, the USD(P) shall 
coordinate with the Department of State. The USD(A) shall notify the 
submitting DoD Component of any further action required before final 
authorization of the EUC; otherwise, concurrence may be assumed after 
expiration of the 21-day period.
    (3) Category III. To acquire an item requiring a Category III EUC, 
the Secretary of a Military Department or Director of a Defense Agency 
must request a waiver from the USD(A). Requests 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 
justification for acceptance of those limitations by the U.S. 
Government.
    (iii) A statement that no satisfactory alternative to the item, 
considering cost, schedule, or operational requirements, is available 
from domestic or foreign sources without equivalent limitations.

The USD(A) shall coordinate the waiver with the USD(P), who, if 
appropriate, shall then coordinate with the Department of State. USD(A) 
shall notify the submitting DoD Component 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 modifications of this policy shall be 
maintained by the USD(A).