End Use Monitoring (EUM)
According to U.S. law, before the DoD may transfer defense articles, training, and services to another country, the recipient governments must agree to use U.S.-provided defense articles, training, and services only for their intended purpose; not to transfer title to, or possession of, any defense article or related training to anyone not an officer, employee, or agent of that country or of the USG without prior written consent of the USG; to maintain the security of any article with substantially the same degree of protection afforded to it by the USG; and to permit observation and review by, and to furnish necessary information to, representatives of the USG with regards to use of such articles. These obligations are stipulated in the Standard Terms and Conditions of every LOA. End Use Monitoring helps the DoD verify the obligations are being met.
Post-delivery monitoring is normally performed by USG personnel - usually military - assigned to the Security Cooperation Office (SCO) in your country. SCOs employ two post-delivery monitoring methodologies to perform the U.S. Department of Defense’s EUM responsibilities: Routine End Use Monitoring and Enhanced End Use Monitoring. In both instances, the SCO coordinates with your government to schedule EUM.
Routine EUM is required for all defense articles and services provided via government-to-government programs. SCO personnel perform Routine EUM in conjunction with other security cooperation functions, during visits to the host nation’s installations, through interaction with other assigned embassy personnel, and from any other readily available or opportune source of information.
Enhanced EUM is required for defense articles and services or for individual transfers specifically designated for Enhanced Monitoring. All EEUM-designated defense articles are accompanied by specialized physical security and accountability notes in the LOA. Defense articles listed in SAMM Table C8.T4. are designated for EEUM for all FMS-eligible countries. Other defense articles may require EEUM on a case-by-case basis as a result of the transfer approval process.
More information on Routine and Enhanced EUM can be found at SAMM Chapter 8.
Third-Party Transfers or Change in End-Use
During the above discussion of End Use Monitoring, we noted that the LOA Standard Terms and Conditions require governments receiving U.S. defense articles and services to agree not to transfer title or possession of those articles or services to anyone not an officer, employee, or agent of that country or of the USG without prior written consent from the USG. Also, the recipient country must agree not to use or permit the use of the articles or services for purposes other than for which they were furnished unless the foreign government receives prior written consent from the USG. Please note:
The LOA stipulations apply to all equipment transferred on an LOA, no matter its age or condition. For instance, an old or damaged airplane or armored personnel carrier could not be turned over to a private company as scrap or placed in a government museum as a display - until the USG agreed in writing to the third-party transfer in the first instance; or to the change in end-use in the second instance.
The agreement also applies to training. For example, if the U.S. provides your Air Force with aircraft maintenance training, that knowledge could not later be shared with another country without prior written USG consent.
The Department of State Office of Regional Security and Arms Transfer Policy (PM/RSAT) is responsible for authorizing third party transfers of U.S.-origin defense articles and/or services worldwide. The PM/RSAT website contains detailed information about the third party transfer process and documentation. The SAMM discusses third party transfer and changes in end-use in SAMM Section 8.7.