cjcsi 2120.01d

CHAIRMAN OF THE JOINT

CHIEFS OF STAFF

INSTRUCTION

J-4

CJCSI 2120.01D

DISTRIBUTION: A, B, C, S

21 May 2015

ACQUISITION AND CROSS-SERVICING AGREEMENTS

References: See Enclosure E.

1. Purpose. This instruction provides policy and procedural guidance

concerning the use of the legal authorities contained in title 10, U.S.C.,

sections 2341–2350 (reference a). It does not provide substantive legal

authority to negotiate or conclude cross-servicing agreements. Such authority

is provided in applicable U.S. law and may be delegated by the Secretary of

Defense to the Chairman of the Joint Chiefs of Staff (CJCS) and the Combatant

Commanders (CCMDs) as described in Enclosures A and C. This instruction

implements reference b.

2. Superseded. CJCSI 2120.01C, 13 February 2013, is canceled.

3. Applicability. This instruction applies to the Joint Staff, Combatant

Commands, Direct Reporting Units, and Defense Agencies reporting to the

Secretary of Defense through the Chairman of the Joint Chiefs of Staff. These

organizations will use this instruction, in conjunction with references b, c, and

d, to negotiate, conclude, and execute Acquisition-Only Agreements and Cross-

Servicing Agreements (ACSA) for which approval authority has been delegated

to the Chairman by the Secretary of Defense. Military Departments,

Subordinate Unified (subunified) Commands, and Defense Agencies negotiating

and concluding implementing arrangements for cross-servicing agreements will

request authority to both negotiate and conclude such arrangements with the

applicable CCMD in accordance with paragraph 5.5.3 of reference b.

4. Policy. See Enclosure A.

5. Definitions. See the Glossary.

6. Responsibilities. See Enclosure B.

7. Summary of Changes. This change updates CJCSI 2120.01C, clarifying

policy guidance for Implementing Arrangements (IA), Acquisition–Only

CJCSI2120.01D

21 May 2015

Authority, eligibility, replacing agreements, designation to execute orders,

peace keeping operations, Coalition Operational Needs Statement (CONS),and

loans of significant military equipment.

8. Releasability. UNRESTRICTED.This directive is approved for public

release; distribution is unlimited on NIPRNET. DoD Components (to include

the Combatant Commands), other Federal agencies, and the public, may obtain

copies of this directive through the Internet from the CJCS Directives

Electronic Library at: [http://www.dtic.mil/cjcs_directives/ ]. JS activities

may also obtain access via the SIPR Directives Electronic Library Websites.

9. Effective Date. This INSTRUCTIONis effective upon receipt.

For the Chairman of the Joint Chiefs of Staff:

v~O~<r

ELINED. VANOVOST,Maj Gen, USAF

Vice D rector, Joint Staff

Enclosures:

A - Policy

B - Responsibilities

C _ Procedures for Developing Acquisition-Only Agreements, Cross-Servicing

Agreements, and Implementing Arrangements

D _ Execution Procedures

E - References

GL - Glossary

CJCSI 2120.01D

21 May 2015

DISTRIBUTION

Distribution A, B, C plus the following:

Copies

Secretary of State ......................................................................................... 2

Under Secretary of Defense for Acquisition, Technology and Logistics ............ 2

CJCSI 2120.01D

21 May 2015

(INTENTIONALLY BLANK)

CJCSI 2120.01D

21 May 2015

iii

TABLE OF CONTENTS

Page

ENCLOSURE A -- POLICY.............................................................. A-1

Purpose .................................................................................. A-1

Scope...................................................................................... A-1

Acquisition-Only Authority Agreements ................................... A-1

Acquisition Cross-Servicing Agreement Authority .................... A-3

Using the ACSA Authorities .................................................... A-4

Developing Acquisition-Only Agreements, Acquisition Cross-

Servicing Agreements, and Implementing Arrangements ....... A-7

ACSA Reporting ...................................................................... A-9

Training .................................................................................. A-9

ACSA Order/Billing Official Designation ................................. A-10

Billing and Payment Processes ............................................... A-10

Appendix -- EXAMPLES OF SUPPORT PERMITTED

UNDER ACSA .................................................................. A-A-1

ENCLOSURE B -- RESPONSIBILITIES .......................................... B-1

Purpose ................................................................................ .B-1

Responsibilities ..................................................................... B-1

ENCLOSURE C -- PROCEDURES FOR DEVELOPING

ACQUISITION-ONLY AGREEMENTS,

ACQUISITION CROSS-SERVICING AGREEMENTS, AND

IMPLEMENTING ARRANGEMENTS .......................................... C-1

Purpose ............................................................................... C-1

Determination of Acquisition-Only Eligibility ....................... C-1

Developing, Negotiating, and Concluding

Acquisition-Only Agreements. ........................................... C-1

Nominating Countries for Cross-Servicing Agreement

Authorization .................................................................... C-1

Developing, Negotiating, and Concluding Cross-Servicing

Agreements ....................................................................... C-2

Amending a Cross-Servicing Agreement ............................... C-6

Developing and Concluding Implementing Arrangements ..... C-7

Amending an IA ................................................................. C-11

ENCLOSURE D -- EXECUTION PROCEDURES .............................. D-1

Purpose ............................................................................... D-1

Scope ................................................................................... D-1

Acquisition of LSSS Under Acquisition-Only Authority ......... D-1

CJCSI 2120.01D

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Transfer of LSSS Under Cross-Servicing Agreement

Authority…………………………………………………….………D-3

Open-Ended or Continuing ACSA Orders………………………D-9

Third-Party Retransfers ...................................................... D-11

Coalition Operational Needs Statement…………………………D-12

Section 1207…………………………………………………………..D-12

Appendix -- MINIMUM ESSENTIAL DATA ELEMENTS/

SAMPLE ACSA ORDER FORMS..................................... D-A-1/4

ENCLOSURE E -- REFERENCES ........................................................ E-1

GLOSSARY

Acronyms and Abbreviations .............................................. GL-1

Terms and Definitions ........................................................ GL-3

CJCSI 2120.01D

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A-1

Enclosure A

ENCLOSURE A

POLICY

1. Purpose. This enclosure provides policy guidance to the Combatant

Commands (CCMD) and Defense Agencies reporting to the Office of the

Secretary of Defense (OSD) through the Chairman of the Joint Chiefs of Staff

(CJCS) for the use of the legal authorities provided in reference a, also referred

to as the Acquisition Cross-Servicing Agreement (ACSA) authorities.

2. Scope. This enclosure, in conjunction with references b, c, and d, provides

CJCS guidance for the use of the ACSA authorities by the CCMDs or Defense

Agencies reporting to the OSD through the CJCS.

3. Acquisition-Only Authority Agreements. The first type of authority

contained in reference a is Acquisition-Only Authority (AOA). Under this

authority, Department of Defense (DoD) components and subunified

commands may exercise a statutory waiver of certain provisions of U.S. law in

the acquisition of Logistic Support, Supplies, and Services (LSSS) from eligible

countries and international organizations. This authority may only be used to

acquire LSSS to support U.S. forces deployed outside the United States.

a. Under reference a, eligible countries and international organizations

include other North Atlantic Treaty Organization (NATO) countries and NATO

subsidiary bodies as well as the United Nations (UN) organization or regional

international organizations; the U.S. is not required to be a member of these

regional international organizations.

b. For non-NATO countries to be eligible for either AOA or ACSA

authority, the partner country or organization must meet one or more of the

following criteria:

(1) Has a defense alliance with the United States.

(2) Permits the stationing of members of the U.S. Armed Forces or the

home porting of U.S. naval vessels in its territory.

(3) Has agreed to pre-position U.S. materiel in its territory.

(4) Serves as host country for U.S. Armed Forces during exercises,

permits other U.S. military operations in its territory, or serves as host country

during humanitarian disasters or other emergency response.

c. Reference b delegates to the CJCS the authority to determine those non-

NATO countries from which DoD components may acquire LSSS using AOA or

ACSA. This authority is re-delegated to the CCMDs.

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Enclosure A

d. AOA may be implemented either through contracts using the authority

of title 10, U.S.C., chapter 137 (Procurement Generally), in conjunction with

title 10, U.S.C., chapter 138 (Cooperative Agreements with NATO Allies and

Other Countries), sections 2341 and 2343, or an AOA agreement that relies

solely on the authority of title 10, U.S.C., chapter 138, sections 2341 and 2343,

or both at the same time. In either case an AOA agreement is required. The

existence of an ACSA or implementing arrangement (IA) is not required.

(1) All contracts that use chapter 137 authorities will be executed by a

warranted contracting officer consistent with the Federal Acquisition

Regulation (FAR) and Defense FAR Supplement (DFARS).

(2) When acquiring LSSS under an AOA agreement utilizing chapter 138

authorities, the following eight statutory provisions are waived:

(a) Title 10, U.S.C., section 2207, which requires that the

Department of Defense include in all contracts, except those for personal

services, a provision reserving to the government the right to terminate the

contract if it is later found that gratuities were offered to government

employees involved in the acquisition process. This clause also provides that,

in addition to breach of contract remedies, the government may seek

exemplary damages in an amount of between 3 and 10 times the amount of

the gratuity.

(b) FAR 2.101; requires periodic adjustment of various acquisition-

related thresholds, including the “simplified acquisition threshold,”

currently at $150,000.

contracts on a cost-plus-percentage-of-cost basis.

(d) Title 10, U.S.C., section 2306(b), which the requirement to

include a provision in all negotiated contracts wherein the contractor

warrants that no person or agency was retained by the contractor to obtain

award of the contract for a commission or contingent fee. If the warranty is

violated, the U.S. reserves the right to nullify the contract.

(e) Title 10, U.S.C., section 2306(e), which requires notification of

any cost plus fixed fee contract as well as fixed price subcontracts are issued.

Notification is required when there is an excess of the simplified acquisition

threshold of $150,000 or 5 percent of the prime contract value, whichever is

greater.

(f) Title 10, U.S.C., section 2306a, the requirement for contractors

to submit certified cost and pricing data on contract actions expected to be in

excess of $150,000.

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Enclosure A

(g) Title 10, U.S.C., section 2313, the requirement to include in all

cost-type contracts a provision that guarantees government access to

contractor records involving the contract until three years after final payment.

(h) Title 41, U.S.C., section 6306, which directs that every

government contract include a provision specifying that no member of Congress

shall benefit from the contract.

(3) An AOA agreement is considered an international agreement under

references c and d. The approval and staffing process is the same as an ACSA.

Additionally, an AOA agreement is time limited to the exercise or operation it is

meant to support. Unlike ACSAs, an AOA agreement cannot be indefinite in

nature. It must contain an expiration date, which is normally the end date of

the specific exercise or operation. Under reference b, DoD components may

liquidate obligations incurred while using an AOA agreement using Payment-In-

Kind (PIK), Replacement-In-Kind (RIK), or Equal-Value-Exchange (EVE).

4. Acquisition Cross-Servicing Agreement Authority. The second type of

authority provided in reference a, authorizes DoD to enter into ACSAs with

authorized countries and international organizations for the reciprocal

provision of LSSS with the military forces of that country or international

organization.

a. OSD must consult with the Department of State (DoS) and provide 30-

day advance notification to the Committees on Armed Services and Foreign

Relations of the U.S. Senate and the Committees on Armed Services and

International Relations of the U.S. House of Representatives before designating

non-NATO countries as authorized for AOA or ACSA. DoD eligibility approval

does not expire. CCMD requests for guidance where current events may

adversely affect U.S. national interests should be addressed to Joint Staff/J-4

for resolution.

b. Reference b delegates to the CJCS the authority to nominate non-NATO

countries for eligibility. This authority has been re-delegated to the CCMDs.

The CJCS has exercised this re-delegation authority in Enclosure B,

subparagraph 2.i (7), of this instruction.

c. When exercising cross-servicing agreement authority, DoD components

and subunified commands may provide LSSS to a foreign country or

international organization only as a transfer or temporary loan under an ACSA,

except when provided as payment for LSSS acquired by DoD pursuant to an

AOA agreement.

d. Under reference b, ACSAs may provide for payment of obligations by

PIK, RIK or EVE.

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Enclosure A

e. ACSAs and IAs (if any) set forth the terms and conditions for the

acquisition or transfer of LSSS between DoD components or subunified

commands and an authorized country or international organization. They do

not commit or bind either party to any particular number, monetary value, or

form of transactions. Rather, individual orders placed and received under an

ACSA or an IA (if any) constitutes the binding document. ACSAs may extend

for an indefinite period since the individual orders do not require the obligation

of funds.

5. Using the ACSA Authorities

a. The ACSA authorities are intended to facilitate reciprocal logistic

support between U.S. Armed Forces and the military forces of authorized

countries or international organizations. They are to be used primarily during

combined exercises, training, deployments, port calls, operations, or other

cooperative efforts, or for unforeseen circumstances or exigencies, including

wartime, humanitarian or foreign disaster relief operations, and peace

operations conducted under chapter VI or VII of the UN Charter, in which one

of the parties may have a need for LSSS.

b. The categories of LSSS that may be acquired or transferred under the

ACSA authorities are defined in the glossary. Examples of the major categories

of LSSS are included in the appendix found at page A-A-1.

(1) Except as authorized under Section 1207 of the National Defense

Authorization Act (NDAA) for Fiscal Year 2015 (see page D-12), excluded items

include weapon systems; initial quantities of replacement and spare parts for

major end items of equipment covered by tables of organization and equipment,

tables of distribution and allowances, and distribution or equivalent documents;

and major end items of equipment (except for the lease or loan of general

purpose vehicles and other non-lethal items of military equipment that are not

designated as significant military equipment in the U.S. Munitions List).

(2) Additional excluded items include guided missiles; naval mines and

torpedoes; nuclear ammunition and included items, such as warheads,

warhead sections, and projectiles; guidance kits for bombs or other

ammunition; and chemical ammunition (other than riot control agents).

c. CCMDs and their Service component or subunified commands may not

use the ACSA authorities to procure goods or services reasonably available

from U.S. commercial sources. Such determination shall be made in

consultation with contracting authorities. When available, a Joint

Requirements Review Board should periodically review reoccurring ACSA

transactions for contract consideration.

d. Reference a prohibits increasing the inventory levels of DoD

Components in anticipation of requests for LSSS made under ACSAs.

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Enclosure A

Therefore, CCMDs and their Service component or subunified commands must

consider the potential effect of completing a proposed ACSA transaction on the

operational readiness of U.S. Armed Forces and affected military

appropriations. Direct purchase of authorized goods or services from a vendor

to meet an ACSA transfer request is permitted. Transfers of LSSS involving

contractor-furnished support will be processed in accordance with standard

ACSA execution procedures (see Enclosure D).

e. In accordance with reference d, the use—under the ACSA or other

authorities—of specific subcategories of military communications assets and

related services requires coordination with and approval from the Chairman. A

list of such assets and services is contained in reference i.

f. In considering foreign country or international organization requests for

LSSS, the CCMDs and their Service components or subunified commands

should also consider whether it is more appropriate to fulfill the request

through other means, including foreign military sales, direct commercial sales,

or military drawdown authority (see reference e). CCMDs and their Service

components or subunified commands must also consider the extent to which

provision of the requested LSSS is related to ongoing U.S. military exercises or

objectives. All foreign country requests for excluded items (see subparagraphs

5b(1) and 5b(2) of this enclosure) or items involving unusual liability and

foreign disclosure issues will be processed through foreign military sales or

direct commercial sales channels, as authorized in reference f.

g. To facilitate timely provision of support under cross-servicing agreements

and to enhance U.S. operational readiness, the CCMDs and their Service

component or subunified commands may coordinate in advance the level and

type of LSSS to be acquired or transferred to a given country or eligible

international organization. This may include preparation (but not execution) of

ACSA order forms or other required documentation but does not include the

increase in DoD inventory levels.

h. References a and g contain specific limitations on the dollar value of

LSSS that may be acquired from or transferred to a country or international

organization in any fiscal year.

(1) These limitations apply only to cash transactions. They do not

apply to ACSA transactions that involve RIK or EVE. These limitations also do

not apply to the sale, purchase, or exchange of petroleum, oils, or lubricants by

the U.S.

(2) The dollar value limitations described in references a and g do not

apply during a period of active hostilities involving U.S. Armed Forces.

(3) These limitations are also waived when U.S. Armed Forces are

involved in a contingency operation or noncombat operation (including an

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Enclosure A

operation in support of the provision of humanitarian or foreign disaster relief

or in support of UN peacekeeping operations) for the purpose and duration of

that operation. Because of this, ACSA transactions not meeting these

limitations shall be documented and tracked separately within the ACSA

Global Automated Tracking and Reporting System (AGATRS).

i. LSSS provided by DoD components or subunified commands under a

ACSA may not be retransferred to another country, international organization

or entity (other than to officers, employees, or agents of the foreign country or

international organization whose military originally receive the LSSS) without

the prior written consent of the U.S. Government. Transfers between coalition

or NATO military forces engaged in and conducting coalition operations are not

to be considered a third-party transfer. All written requests for third-party

retransfers will be forwarded via the CCMD through the Joint Staff/J-4 to OSD

for review and approval. Under certain conditions, OSD may provide blanket

approval for retransfers of LSSS for specific operations, type of LSSS, countries

and/or international organizations, or periods of time. Requests for such

waivers will be considered on a case-by-case basis. Detailed procedures for

requesting approval for retransfers are contained in paragraph 6 of Enclosure

j. Disputes arising in connection with the execution of a specific

agreement, including one party’s failure to reimburse another for LSSS received

under that agreement, will be resolved in accordance with the dispute

resolution provisions of the ACSA/AOA agreement and paragraph (k) of

reference c.

(1) If the ACSA/AOA agreement contains no such procedures, the matter

will be referred through the Joint Staff to OSD for resolution.

(2) Personnel authorized to negotiate, conclude, or execute ACSA/AOA

transactions are encouraged to resolve disputes that arise from administrative

or clerical errors directly with the foreign party before referring the matter to

higher headquarters. In addition, coordination among the responsible military

authorities and the use of the DoS assets (i.e., country teams) to facilitate

resolution is encouraged.

k. AGATRS is the DoD system of record for the Joint Staff, CCMDs, and

Services to manage AOA/ACSA transactions. This system also serves as the

worldwide library for AOAs, ACSAs and their associated IAs. AGATRS is an

unclassified, Web-based system that provides a worldwide cradle-to-grave

automated means of building, tracking, and managing transactions throughout

their life cycle.

(1) AGATRS provides deploying forces, component commands, CCMDs,

Joint Staff, and OSD Staff visibility of existing ACSAs that can be leveraged to

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Enclosure A

obtain critical LSSS to effectively and efficiently sustain U.S. and coalition

forces during contingencies and operations. AGATRS will be used to fully

document all transfers of LSSS under ACSA authorities.

(2) All acquisitions and transfers of LSSS under the ACSA authorities

will be fully documented using an ACSA standard order form or other

documentation specified in the applicable AOA or ACSA. Samples of the ACSA

standard forms are at Enclosure D, Appendix D-A-3/4. Minimum essential

data elements are at Appendix D-A-1/2.

l. On occasion, standard ACSA execution and reimbursement procedures

may be modified to meet the requirements of a specific operation or other

contingency. CCMDs, with input from Service component commands or

subunified commands, will document and coordinate operation-unique

changes to standard execution and/or reimbursement procedures with

responsible Joint Staff and OSD elements.

m. Any LSSS provided under an ACSA in support of peacekeeping

operations under the Charter of the UN must have prior approval of the Office

of the Under Secretary of Defense for Policy, Special Operations/Low-Intensity

Conflict, OUSD (Policy) SOLIC. OSD/P (SOLIC) will provide direction to

participating DoD agencies, to include applicable support, authorities, source

of funding, delegations, etc.

6. Developing Acquisition-Only Agreements, Acquisition Cross-Servicing

Agreements, and Implementing Arrangements

a. AOA/ACSA agreements, and IAs shall be developed, negotiated, and

concluded in accordance with the policy guidelines in this section and the

procedures described in Enclosure C.

b. All proposed new or revised AOA/ACSA agreements will be referred to

the Director, International Cooperation, Office of the Under Secretary of

Defense for Acquisition, Technology, and Logistics, OUSD(AT&L/IC) through

the Joint Staff/J-4 for review and provision of authority to conclude such

agreements. U.S. proposed texts for AOA/ACSA agreements shall be based on

the current DoD and DoS approved agreement template.

(1) OSD and DoS will periodically approve new AOA/ACSA templates

reflecting current policy, laws, and best practices. CCMDs will be provided a

grace period to implement the new template. CCMDs will also engage partner

nations to replace old agreements with the current template.

c. When delegated authority from OSD, the CJCS may negotiate and

conclude these agreements or delegate this authority to the CCMDs. CCMDs

may not re-delegate this authority to a CCMD’s Service component or

subunified command. The CJCS has exercised this re-delegation authority in

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A-8

Enclosure A

Enclosure B, subparagraph 2.i (2), of this instruction. Authority to conclude

will not exceed one year.

d. The CJCS or CCMD delegated the authority to negotiate and conclude

these agreements shall maintain written documentation of the agreement

negotiation process. These records shall be kept in permanent files until the

agreement is terminated.

e. There is no prescribed signatory level for these agreements; however, the

DoD signatory should be equivalent in rank or protocol level to the foreign

country signatory.

f. Whenever practical, the CJCS or CCMD will use a single agreement to

authorize the acquisition or transfer of LSSS with a foreign country or

international organization. Development of multiple agreements with

individual foreign countries or international organizations is discouraged.

g. Some proposed transfers of LSSS under an existing agreement may

require amending that agreement. All amendments to these agreements must

be processed through the Joint Staff/J-4 in the same manner as a new

agreement. Some changes to the implementation of an existing agreement may

also be effected through development of a new IA or the amendment of an

existing IA. Creating or amending an IA requires coordination with affected

CCMD, if any. An IA must be coordinated with the Joint Staff/J-4 if policy

significant or exceeds the scope of the basic agreement.

(1) Use of the agreement beyond the geographic limits specified in the

agreement itself may require an amendment.

(2) When use of the agreement outside the area of responsibility (AOR)

of the CCMD responsible for the agreement is not prohibited by the terms of

the agreement, such use may nevertheless require the negotiation of a new IA

or the amendment of an existing one. All new IAs, as well as amendments to

existing IAs, must be coordinated with the CCMD responsible for the

agreement being implemented.

(3) Transferring LSSS that is beyond the scope of LSSS contemplated

by the original agreement may require an amendment.

(4) Transferring LSSS that is within the scope of the existing agreement

but beyond the scope of LSSS described in the existing IA may require either

amending the existing IA or negotiating a new one.

(5) IAs are considered to be international agreements (see reference c).

IAs determined to be within the scope of the existing ACSA do not require

approval by Joint Staff, OSD, or DoS. IAs must be filed with Joint Staff/J-4.

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Enclosure A

h. A CCMD seeking to negotiate and conclude an IA to support exercises,

contingencies or other operations that involve more than one CCMD’s

geographic AOR will coordinate with all other affected CCMDs before the

conclusion of that IA.

i. Defense Agencies, Service components, Direct Reporting Units, or

subunified commands seeking to negotiate and conclude additional IAs to

existing cross-servicing agreements will coordinate with and obtain the written

approval of the CCMD responsible for the original cross-servicing agreement

unless the IA is specifically directed by law or DoD directive (such as Section

1202 Implementing Arrangements).

j. IAs that include provisions for the acquisition or transfer of military

airlift, sealift, or other forms of transportation services provided or funded by

USTRANSCOM shall be concluded only after coordination with and approval of

that command.

k. IAs that includes reference to supplies and/or services to be provided by

DLA Energy shall be concluded only after coordination with and approval of

DLA Energy.

l. In accordance with reference d, IAs including provisions for the use of

specific subcategories of military communications assets and related services

shall be concluded or executed only after coordination with and approval from

the CJCS. A list of such assets and services is contained in reference d.

m. In accordance with references b and c, officials delegated the authority

to negotiate and conclude an ACSA or AOA agreement, an amendment, or IA, if

appropriate will provide a certified true electronic copy with language

certification, and a transmittal statement as required by paragraph 7.2 of

reference c for all concluded agreements, to OSD General Counsel, and one

copy (each) to the CJCS Legal Counsel and the Assistant Legal Advisor for

Treaty Affairs, Department of State, not later than 20 days after such

agreement or IA is signed. An electronic copy (preferably a PDF file) of the

completed documents should also be submitted to the Joint Staff/J-4 at the

same time.

7. ACSA Reporting. Detailed guidance on the frequency, format, and required

information elements for ACSA reports is provided in reference g. In addition to

those reporting requirements found in reference g, there may be additional

reporting requirements under provisions of specified law or delegated authority,

such as Section 1202 Authority reporting. AGATRS will be used as source for

reporting.

8. Training. Reference b requires that personnel assigned responsibility by the

DoD components or subunified commands for administering and implementing

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Enclosure A

ACSA/AOA agreements shall have the requisite knowledge and experience to

carry out transactions in accordance with applicable law and DoD acquisition

and financial management policy. To support this requirement, the Joint Staff,

CCMDs, and their Service component or subunified commands (supported by

the Military Departments) will each develop and maintain appropriate training

programs, certification standards and records for all personnel involved in

developing or executing ACSA/AOA agreements. This applies to DoD officials

designated to execute ACSA/AOA orders, and to personnel providing legal,

contracting, logistic, or financial management support. Classroom training

augmented with Joint Knowledge On-line (JKO) training will be utilized. JKO

course J3O P-US1293 “ACSA Overview” is intended for staff officers supporting

and implementing the ACSA program, course J3O P-1295 “AGATRS Essentials”

provides basic instruction for using AGATRS, and J3O P-US1294 “GOFO

Essentials” provides an overview for senior leaders executing the ACSA program

under their command. The JKO web site is [https://jkodirect.jten.mil] on the

NIPRNET.

9. ACSA Order/Billing Official Designation. DoD agencies will designate ACSA

order/billing officials in writing prior to execution of a transaction. Designation

will confirm completion of ACSA training and AGATRS’ account. Any

additional guidance; specified operation, assignment termination date, or

additional agency approvals required prior to execution will be included on the

designation memorandum. DoD agencies will maintain a record of designated

officials.

10. Billing and Payment Processes. All sites authorized to conduct supply and

services for coalition forces or partner nation representatives must maintain a

copy of the invoice and ensure that the document is uploaded into AGATRS.

a. In the event that AGATRS is down or cannot be interfaced, a

spreadsheet will be created to capture all ACSA transactions with the

appropriate information. The required minimum essential data elements are at

Enclosure D, Appendix D-A-1/2.

b. It is the responsibility of the logistics representatives to ensure the

standard order form is completed and signed by all parties prior to forwarding

to CCMD or responsible component comptroller. Once the appropriate

resource personnel have received the completed order form, they are

responsible for financial processing. Resource personnel will be responsible for

processing and certifying reimbursements to include payments of all

outstanding orders. CCMDs or the responsible component will post all

reimbursements into the financial system and forward copies to the Defense

Finance and Accounting Service (DFAS) for further processing. The CCMDs or

the responsible component will use the clearing document produced by DFAS

in the service’s finance system to close an order in AGATRS.

CJCSI 2120.01D

21 May 2015

Appendix A

A-A-1

Enclosure A

APPENDIX TO ENCLOSURE A

TABLE A-1-1. EXAMPLES OF SUPPORT PERMITTED UNDER ACSA

Category

of LSSS

Examples

Base Operations

Support

Foreign country or international organization support of

U.S. installations, maintenance of facilities, grounds

keeping, perimeter security, laundry services, minor

construction (construction under title 10, U.S.C., sections

2804, 2805, and 2803) incident to base operations support;

support of units in exercises or operating from a collocated

operating base. LSSS provided to U.S. Armed Forces from

the resources of a foreign military installation and vice

versa. Disposal services, to include LSSS, hazardous

material, and hazardous waste.

Storage Services

Use of a foreign country’s storage, maintenance, petroleum

storage and pipeline system, and security services (i.e.,

warehousing); temporary storage of assets belonging to

another ACSA country’s armed forces.

Use of Facilities

One force receiving temporary use of a building on another

ACSA country’s base; temporary use of cold storage

facilities; temporary use of mortuary facilities. Does not

include paying for the use of facilities provided free of

charge under host nation support, status of forces

agreements, or NATO standardization agreements.

Training Services

Use of training ranges; orientation visits with ACSA country

units; training U.S. and ACSA country forces in aircraft

and vehicle cross-servicing (including uploading, fly away,

and downloading of ammunition), use of flight simulators,

target services, calibration of test equipment, and in-

theater orientation and training of ACSA country pilots

(subject to Service-specific regulations) in aerial refueling

procedures.

Spare Parts and

Components

Mutual spare parts support; replacement of defective radio

equipment in aircraft or vehicles.

Repair and

Maintenance

Services

Servicing of aircraft and vehicles of one force at another

force’s bases; preventive maintenance services; calibration

services; host country provision of vehicle maintenance

services for weapons systems.

Port Services

Offloading U.S. or ACSA country equipment at foreign

country ports of embarkation or debarkation; country

equipment and petroleum products; temporary storage of

offloaded equipment; minor vehicle maintenance, such as

battery recharging or jump starting.

CJCSI 2120.01D

21 May 2015

Appendix A

A-A-4

Enclosure A

(INTENTIONALLY BLANK)

CJCSI 2120.01D

21 May 2015

B-1

Enclosure B

ENCLOSURE B

RESPONSIBILITIES

1. Purpose. This enclosure summarizes the responsibilities of OSD, the

Military Departments, and Defense Agencies for the ACSA authorities. It also

prescribes responsibilities of the CJCS, and CCMDs and their Service

component or subunified commands for the use of these authorities.

2. Responsibilities

a. Office of the Secretary of Defense. OSD is the final policy and legal

authority for the use of the ACSA authorities. Within OSD, OUSD (AT&L/IC) is

the focal point for the ACSA program. Defense Procurement and Acquisition

Policy is the focal point for the AOA program. Complete OSD ACSA-related

responsibilities are prescribed in reference b. The most important of these are

as follows:

(1) Consult with DoS and notify Congress before designating countries

as authorized for cross-servicing agreements.

(2) Designate countries as authorized for cross-servicing agreements.

(3) Authorize the CJCS or other designees to negotiate and conclude

AOA and ACSA agreements.

(4) Develop and maintain guidance with respect to accounting, pricing,

internal control, and reporting of transactions for inclusion in reference g.

(5) Allocate to Defense Agencies their share of ceilings on ACSA

acquisitions and transfers.

(6) Oversee legal reviews performed by DoD components with respect to

the negotiation and conclusion of AOAs, ACSAs, and IAs.

(7) Approve retransfers of LSSS from the original foreign recipient to

another foreign country or international organization.

(8) Utilize AGATRS to maintain a central DoD repository of all

acquisition-only and cross-servicing agreements, and any associated IAs.

(9) Serve as the OSD proponent for AGATRS functionality and

improvements.

CJCSI 2120.01D

21 May 2015

B-2

Enclosure B

b. The Military Departments and Defense Agencies. Complete Military

Department and Defense agency ACSA-related responsibilities are prescribed in

reference b; the most important of these include:

(1) Appoint a primary Logistics ACSA PM and a primary Finance ACSA

PM. ACSA program managers are responsible for;

(2) Ensure ACSA personnel are trained to execute the ACSA program.

(3) Develop and maintain training programs for all personnel involved

in managing or executing cross-servicing agreements or using acquisition-only

authority. In addition, CCMDs and Services shall ensure training program

uniformity (including AGATRS) among the components and subunified

commands.

(4) Acquire LSSS under ACSA/AOA as appropriate.

(5) Negotiate and conclude IAs when designated as lead agent by the

applicable CCMD.

(6) Where appropriate, assist service components in determining the

source and value of reimbursement for LSSS that is acquired or transferred

under a cross-servicing agreement.

(7) Establish controls to prevent exceeding the limitation of annual

ceiling for credits and liabilities as provided in references a and g and any

additional ACSA implementation guidance.

(8) Maintain and update, as required, a Service instruction on ACSA

program guidance. Ensure instruction uniformity (including AGATRS) and

written guidance is consistent with CCMD, JCS and OSD policy and guidance.

(9) Maintain financial and program records of all transactions under the

ACSA authorities, as required in reference g.

(10) Provide reports on ACSA activity in accordance with references b

and g.

(11) Provide oversight of the ACSA program and develop the training

strategy for personnel assigned responsibility for administering and

implementing AOA/ACSA. Services will ensure all personnel are trained with

the requisite knowledge and experience to carry out ACSA transactions in

accordance with applicable law and DoD acquisition and financial management

policy. To support this requirement, the Services will institute awareness

training into service schools to increase awareness amongst personnel and

commanders alike. They will also utilize training tools offered through Joint

Knowledge Online.

CJCSI 2120.01D

21 May 2015

B-3

Enclosure B

(12) Designate officials authorized to execute Service/Defense Agency

level orders.

(13) Ensure applicable service supply systems software and procedures

are in place to account for ACSA transactions.

c. Defense Finance and Accounting Service. DFAS provides centralized

accounting and billing support for most ACSA transactions. Complete DFAS

ACSA-related responsibilities are prescribed in reference g; the most important

of these include the timely collection of ACSA invoices owed to the U.S.

government and facilitate timely payments of ACSA invoices owed to foreign

countries or international organizations.

d. Chairman of the Joint Chiefs of Staff. The CJCS shall:

(1) Negotiate and conclude cross-servicing agreements when authorized

by OSD.

(2) Delegate to the CCMDs the authority to negotiate and conclude

cross-servicing agreements.

(3) In accordance with references d and i, approve all IAs and ACSA

orders that provide for the transfer or use of specific subcategories of military

communications, equipment, systems, procedures, and other support. A

complete list of such items and services is contained in reference i.

(4) Provide program guidance.

e. Director, Joint Staff/J-4. The Director, Joint Staff/J-4, shall:

(1) Serve as the Joint Staff office of primary responsibility for the use of

the AOA/ACSA authorities.

(2) Assemble and lead the Joint Staff team to negotiate and conclude

ACSAs for which authority to negotiate and conclude was not further

delegated. This team will include, at a minimum, a representative from the

CJCS’ Legal Counsel, the Joint Staff/J-5, and the affected CCMD(s).

(3) On behalf of the CJCS, review and approve proposed IAs or ACSA

orders involving the transfer or use of specific subcategories of military

communications, equipment, systems, procedures, and other support in

accordance with references d and i. This review shall be coordinated with the

CJCS’ Legal Counsel, the Joint Staff/J-5, and the Joint Staff/J-6.

(4) On behalf of the CJCS, delegate authority to negotiate and conclude

AOA/ACSA to the CCMD after coordination with OSD.

CJCSI 2120.01D

21 May 2015

B-4

Enclosure B

(5) When requested by a CCMD, and in coordination with the Joint

Staff/J-5 and the CJCS’ Legal Counsel, nominate (for OSD consideration)

countries for designation as being authorized for a AOA/ACSA.

(6) In coordination with the Joint Staff/J-5 and the CJCS’ Legal

Counsel, delegate to the CCMDs the authority to nominate (for OSD

consideration) countries for designation as being authorized for a AOA/ACSA.

(7) Forward to OSD CCMD nominations of non-NATO countries to be

designated as being authorized for a cross-servicing agreement.

(8) Review and forward to OSD written requests for retransfers of LSSS

from the original foreign country or international organization recipient to

another foreign country or international organization.

(9) Maintain and update, as required, a CJCS instruction on ACSA

program guidance.

(10) In accordance with references b and c, provide two certified copies

of each AOA, ACSA, amendment, and all IAs, if appropriate, negotiated by the

CJCS (with language certification, if any, and the other information required by

reference c) to the DoD General Counsel, and one copy to the DoS Assistant

Legal Advisor for Treaty Affairs, not later than 20 days after such agreement

has been signed by all parties.

(11) Maintain electronic copies of all signed AOA, ACSA and

appropriate IAs.

(12) Organize and chair meetings of OSD, Military Department, CCMD,

and other ACSA POCs to discuss legal, policy, financial, training, or other

issues affecting the ACSA program.

(13) Serve as the Joint Staff proponent for AGATRS functionality and

improvements.

f. Director, Joint Staff/J-5. The Director, J-5, shall:

(1) Provide a representative to the Joint Staff team negotiating and

concluding cross-servicing agreements for which authority to negotiate and

conclude has not been further delegated.

(2) Coordinate on the review of proposed IAs or ACSA orders that

involve the transfer or use of specific subcategories of military

communications, equipment, systems, procedures, and other support identified

in references d and i.

CJCSI 2120.01D

21 May 2015

B-5

Enclosure B

(3) Coordinate on CCMD requests to negotiate and conclude an

AOA/ACSA.

g. Director, Joint Staff/J-6. The Director, J-6, shall coordinate on the

review of proposed IAs or ACSA orders that involve the transfer or use of

specific subcategories of military communications, equipment, systems,

procedures, and other support identified in references d and i.

h. Chairman’s Legal Counsel. CJCS Legal Counsel shall:

(1) Provide a representative to the Joint Staff team negotiating and

concluding AOA/ACSA agreements for which authority to negotiate and

conclude has not been further delegated.

(2) Provide legal review of proposed IAs or ACSA orders that involve the

transfer or use of specific subcategories of military communications,

equipment, systems, procedures, and other support identified in references d

and i.

(3) Provide legal review of CCMD requests to negotiate and conclude

AOA/ACSA agreements.

(4) On behalf of the CJCS, provide legal guidance as to the scope and

type of allowable ACSA transactions.

i. Combatant Commanders. Combatant Commanders shall:

(1) Acquire LSSS under AOA/ACSA.

(2) When authorized by the CJCS, negotiate and conclude AOA/ACSA

agreements as a lead agent.

(3) Coordinate with affected CCMDs the negotiation, conclusion, and

execution of cross-servicing agreements and IAs that involve more than one

CCMDs geographic or functional area of responsibility.

(4) Negotiate IAs on behalf of DoD components that are not subordinate

to the CCMD in question, or delegate this authority to another DoD component

or CCMD Service component or subunified command. Note: Upon CCMD

approval, Defense Logistics Agency (DLA) Energy, as the DoD Executive Agent

for bulk petroleum, shall negotiate and conclude fuel IAs in support of CCMD

requirements for product, support, and services.

(5) Forward for review and approval by the Joint Staff all IAs or ACSA

orders that involve the transfer or use of specific subcategories of military

communications, equipment, systems, procedures, and other support identified

in references d and i.

CJCSI 2120.01D

21 May 2015

B-6

Enclosure B

(6) Determine the non-NATO countries from which DOD may acquire

LSSS under AOA/ACSA authority.

(7) Nominate to the Joint Staff/J-4 non-NATO countries for designation

as authorized for an AOA/ACSA.

(8) Provide guidance as to the permitted type and volume of ACSA

transactions to CCMD Service component or subunified commands.

(9) Forward to Joint Staff/J-4 written requests for retransfers of LSSS

from the original foreign country or international organization recipient to

another foreign country, international organization, or foreign government

entity (other than the original recipient).

(10) In accordance with references b and c, provide certified electronic

copies of each AOA, ACSA, amendment, or IA, if appropriately negotiated by the

CCMD (with language certification letter, if any, and the other information

required by reference c) to the DoD General Counsel, and one copy to the DoS

Assistant Legal Advisor for Treaty Affairs, not later than 20 days after such

agreement has been signed by all parties. An additional electronically scanned

copy (PDF format preferred) of the agreement and the language certification

letter should be submitted to the Joint Staff/J-4 at the same time.

(11) Provide guidance for training programs and ensure certification for

all CCMD personnel involved in managing or executing AOA and ACSA

authority. In addition, CCMDs shall ensure training program uniformity

(including AGATRS) and certification among the Service component and

subunified commands.

(12) Appoint a primary Logistics ACSA PM and a primary Finance ACSA

PM, and will submit reports to the CJCS identifying all ACSA transactions as

required.

(13) Ensure ACSA personnel are trained to execute the ACSA program.

(14) Ensure ACSA personnel take the lead on ACSA requirements within

their Component. In the event of multiple component involvement on a

requirement, CCMDs will identify a lead Component.

(15) Maintain and update the AGATRS database with all CCMD initiated

ACSA transactions and documentation. Note: DLA Energy shall maintain and

update the AGATRS database for all fuel IAs and standalone ACSA order

transactions negotiated and concluded by DLA Energy.

(16) Enter all AOA/ACSA transactions into the AGATRS database,

keeping AGATRS current with all order information. Also enter all IAs into the

database after they are signed.

CJCSI 2120.01D

21 May 2015

B-7

Enclosure B

(17) Develop internal procedures to account for financial resource

aspects of ACSA transactions. In addition, CCMDs shall support DFAS

responsibilities described in paragraph 2c (1) and (2) of this enclosure.

(18) Designate officials authorized to execute CCMD level orders.

(19) Maintain and update, as required, a CCMD instruction on ACSA

program guidance.

j. Commanders of the CCMD Service Component and Subunified

Commands. These commanders shall:

(1) Appoint a primary Logistics ACSA PM and a primary Finance PM.

(2) Acquire and/or transfer LSSS under AOA/ACSA authority, in

accordance with the procedures contained in this instruction and any

additional program guidance provided by the responsible CCMD.

(3) Forward for review and approval to the CCMD all IAs or ACSA

orders that involve the transfer or use of specific subcategories of military

communications, equipment, systems, procedures, and other support identified

in references d and i.

(4) In coordination with the responsible CCMD, determine the source

and value of reimbursement for LSSS that is acquired or transferred under an

AOA/ACSA and any IAs.

(5) Develop, maintain, and provide reports from financial and program

records of all ACSA transactions to support ACSA reporting requirements in

accordance with references b, g, j, k, and l and applicable Military Department

guidance.

(6) Develop and maintain component-specific training programs for all

command personnel managing or executing AOA and ACSA authority.

(7) Maintain and update the AGATRS database with all AOA/ACSA

transactions and documentation.

(8) Components and subunified commands will manage and provide

oversight of the ACSA program, develop the training strategy, and determine

certification standards for personnel assigned responsibility for administering

and implementing AOA/ACSA authority. Components and subunified

commands will ensure all personnel are trained with the requisite knowledge

and experience to carry out ACSA transactions in accordance with applicable

law and DoD acquisition and financial management policy. To support this

requirement, the CCMDs will ensure appropriate guidance is in place.

CJCSI 2120.01D

21 May 2015

B-8

Enclosure B

(9) Designate officials authorized to execute CCMD Service Component

and Subunified level orders.

CJCSI 2120.01D

21 May 2015

C-1

Enclosure C

ENCLOSURE C

PROCEDURES FOR DEVELOPING

ACQUISITION-ONLY AGREEMENTS, CROSS-SERVICING AGREEMENTS, AND

IMPLEMENTING ARRANGEMENTS

1. Purpose. This enclosure prescribes procedures for developing, negotiating,

and concluding AOA, ACSA, and IAs with eligible foreign countries or

international organizations. It also includes procedures for nominating non-

NATO countries for designation as authorized for a cross-servicing agreement.

In developing and negotiating AOA, ACSA, and IAs, DoD components must

comply with the provisions of references c and d and this instruction.

2. Determination of Acquisition-Only Eligibility. Eligibility criteria,

nomination, and approval process is the same for AOA and ACSA.

3. Developing, Negotiating, and Concluding Acquisition-Only Agreements.

AOA will follow the same process as ACSA for development, negotiations, and

conclusion. CCMDs will use the current AOA template to negotiate.

4. Nominating Countries for Cross-Servicing Agreement Authorization

a. Subparagraph 2i (7) of Enclosure B delegates to the CCMDs the

authority to nominate non-NATO countries and international organizations for

designation as being authorized for AOA and ACSA.

b. CCMDs nominating non-NATO countries or international organizations

for eligibility shall forward such nominations in writing to the Joint Staff/J-4

for review and forwarding to OSD. Each nomination will be forwarded under

separate memorandum and will contain the following information:

(1) The name of the nominated country or international organization.

(2) If applicable, the operation, exercise, or other projected requirement

supported by the proposed transfers of LSSS.

(3) The strategic and/or operational benefits that will accrue to the

United States.

(4) A statement that the designation of the nominated country or

international organization is in the best interests of U.S. national security.

(5) Meets the one of more of the criteria in subparagraph 3.b of

Enclosure A.b.

CJCSI 2120.01D

21 May 2015

C-2

Enclosure C

c. The nomination will be accompanied by a legal review from the

nominating CCMD staff judge advocate.

d. CCMDs should allow a minimum of 60 days for processing of cross-

servicing agreement designation nominations.

e. The Joint Staff/J-4 will review and coordinate the CCMD nomination

among other Joint Staff elements, including the J-5 and the CJCS’ Legal

Counsel. The nominating CCMD may be asked for clarification or additional

information to strengthen the rationale for the nomination.

f. On completion of Joint Staff coordination, the Joint Staff/J-4 will

forward the nomination to the OUSD (AT&L)/IC for review and consultation

with DOS. If OSD decides to support the nomination, OUSD (AT&L/IC) will

provide 30 days advance notification to the Committees on Armed Services and

Foreign Relations of the U.S. Senate and the Committees on Armed Services

and International Relations of the U.S. House of Representatives.

g. Once the 30-day congressional notification period has expired without

congressional objection, the OUSD (AT&L)/IC will notify the Joint Staff/J-4 that

the nominated country or international organization eligibility has been

approved. Joint Staff/J-4 will inform the nominating command via

memorandum. Once informed, the nominating CCMD may initiate negotiations.

5. Developing, Negotiating, and Concluding Cross-Servicing Agreements

a. Create the Proposed Draft Agreement

(1) The first step in the process is the preparation and approval of the

U.S. draft. The baseline for both AOA and ACSA negotiations is the current

OSD/DOS approved negotiating text. These documents are available in

electronic format on the Joint Staff/J-4 unclassified Web site at reference m.

That format should be adapted to the foreign country or international

organization in question (filling in blanks as appropriate).

(2) Because the “template” has been approved for negotiation, no

additional approvals are necessary at this stage before the draft is presented to

the foreign country or international organization. If, however, in adapting the

template to the foreign country or international organization, any substantive

changes have been made to the template, the CCMD request to conclude may be

delayed. Correction of typographical or grammatical errors does not normally

constitute a “substantive” change; however, paraphrasing may well be

substantive in nature.

CJCSI 2120.01D

21 May 2015

C-3

Enclosure C

b. Organize U.S. Negotiating Team

(1) The next step in the process is organization of the U.S. negotiating

team. The responsible CCMD ACSA PM usually coordinates this step, which

should include, at a minimum, the ACSA PM as lead negotiator. The CCMD’s

legal counsel may be included as appropriate. Representatives from the J-5

country desk team, Joint Staff and/or Service component, or subunified

commands may be included for complex or politically sensitive agreements. In

addition, the CCMD ACSA PM should coordinate with the U.S. country team,

which may provide an observer to the negotiations.

(2) Before commencing negotiations, the lead negotiator should meet

with the U.S. negotiating team and the U.S. country team to obtain information

on anticipated foreign country or international organization positions,

understand other party timeline/staffing process, identify any potentially

contentious issues, and develop strategies for resolving them. Note: Country

clearances and visas may be required if the negotiations are to take place in

another country; sufficient lead-time should be allowed to obtain any required

clearances or visas.

c. Conduct Negotiations and Prepare Revised Draft English Version of the

Agreement

(1) The U.S. lead negotiator will coordinate with the U.S. country team

to schedule the time and location for the negotiations. The draft text—along

with a briefing, if desired—should be presented to the foreign country or

international organization by the U.S. country team sufficiently prior to the

commencement of negotiations to allow the foreign country or international

organization time to study the draft, consider host country domestic law and

regulations that may apply, and be prepared for negotiations.

(2) During negotiations, if the foreign country or international

organization requests any major changes, the U.S. negotiator may contact

Joint Staff/J-4 informally (including by telephone or e-mail) for guidance and

further instructions. Joint Staff/J-4 may consult informally within the inter-

agency process and provide alternative wording or other instructions.

(3) As a result of the negotiations, the U.S. negotiator may agree to

proposed modifications to the DoD-authorized agreement text on the condition

that the changes will not be binding until approved by the Joint Staff and OSD.

The legal term for this “agreement to text subject to staffing and approval” is ad

referendum.

(4) On completion of negotiations, both parties will staff the negotiated

draft within their respective organizations as required. The U.S. team will

prepare a draft English version of the agreement, which will be used as the

basis for staffing to ensure both sides are staffing the same text.

CJCSI 2120.01D

21 May 2015

C-4

Enclosure C

d. Coordinate With the Joint Staff/J-4 Regarding Need for Informal Review

of Draft Agreement

(1) Once the proposed final draft of the agreement has been agreed to

ad referendum, the CCMD ACSA PM may request an informal review of the

draft agreement at the Joint Staff level. If such a review is desired by the

CCMD ACSA PM, the PM will forward the proposed final draft of the agreement

and any supporting documentation via e-mail to the Joint Staff/J-4. Joint

Staff/J-4 will coordinate an informal policy and legal review of the draft

agreement within the Joint Staff.

(2) Upon completion of the review, the Joint Staff/J-4 will return the

draft agreement to the responsible CCMD ACSA PM, if changes are necessary,

with direction for further changes in the draft agreement. This step may be

conducted by telephone or through e-mail.

e. Modify Draft (If Necessary) and Resubmit to Foreign Country or

International Organization. The CCMD ACSA PM will revise the draft cross-

servicing agreement in accordance with the guidance provided by the Joint

Staff/J-4 (if changes are necessary) and resubmit the agreement through U.S.

country team channels to the foreign country or international organization.

Additional coordination with the Joint Staff/J-4, U.S. country team, and

foreign country or international organization may be required to develop a

mutually acceptable version of the agreement.

f. Submit to Joint Staff/J-4 and OSD with Request to Conclude

(1) Once both negotiating teams have approved the revised draft

agreement ad referendum, the CCMD ACSA PM will submit via e-mail to the

Joint Staff/J-4 the revised proposed draft agreement with a request for

authority to conclude. This request will include the following documents:

(a) A memorandum in PDF format from the CCMD J-4 or other

designated official requesting authority to conclude.

(b) One clean copy and one “line-in, line-out” copy of the agreement

indicating deviations from the authorized template, along with supporting

rationale for each proposed deviation (which may be imbedded in the “line-in,

line-out” version of the agreement), in .doc or .rtf format.

statutory, or other legal authority available to carry out each obligation

proposed to be assumed by the U.S. in the agreement, and an explanation of

other relevant legal considerations to include any significant deviations to the

approved template.

CJCSI 2120.01D

21 May 2015

C-5

Enclosure C

(2) The Joint Staff will forward the agreement package and request to

conclude to the OUSD (AT&L)/IC ACSA focal point, which will coordinate a

legal, policy, and financial review of the package within OSD.

(3) Upon completion of OSD coordination, OUSD (AT&L/IC) will

forward the proposed package to DoS.

(a) At the completion of this process, OUSD (AT&L/IC) will issue a

memorandum granting authority to conclude the agreement to the Joint Staff

or its designated agent. Any required changes to the text of the agreement will

also be provided with the OUSD (AT&L)/IC delegation memorandum. OSD

approval to conclude is valid for 1 year, without further coordination.

(b) If OUSD (AT&L/IC) declines to grant authority to conclude, it

will issue a memorandum declining to grant the authority to conclude, with the

rationale, to the Joint Staff.

(4) If changes to the ad referendum agreement text are required as a

condition for approval to conclude, the CCMD ACSA PM will revise the draft

text in accordance with the direction in the memorandum and resubmit the

agreement through U.S. country team channels to the foreign country or

international organization. Additional coordination with the Joint Staff/J-4,

U.S. country team, and foreign country or international organization may be

required to develop a mutually acceptable version of the agreement.

g. Re-delegate Authority to Conclude. Upon receipt of the OUSD

(AT&L/IC) delegation memorandum, the Joint Staff/J-4 will generally re-

delegate the authority to conclude the agreement to the responsible CCMD J-4

ACSA PM. In exceptional situations, the Joint Staff/J-4 will retain the

authority to conclude on behalf of the CJCS.

h. Obtain and Certify Foreign Translation of Agreement

(1) On receipt of authority to conclude, and agreement by the foreign

country or international organization to any required text changes, the CCMD

ACSA PM will prepare a final English version of the agreement and provide it to

the foreign country or international organization through U.S. country team

channels. The foreign country or international organization is then responsible

for preparing a version in its native language, if the agreement is to be signed

in two different language versions.

(2) Once the translated version of the agreement has been received, if

both language versions of the document are to be considered equally authentic,

the CCMD ACSA PM must arrange for an official certification that the foreign

language text and the English language text are in conformity with each other,

and that both texts have the same meaning in all substantive respects. The

certifying official must be designated as qualified, consistent with local practice,

CJCSI 2120.01D

21 May 2015

C-6

Enclosure C

as specified in paragraph 8.11 of reference c. The certifying official may need to

discuss the translation with the foreign country or international organization

and obtain mutually agreed-upon adjustments to the translation in order to

make this certification. The foreign language text must be certified before it is

signed by the U.S. signatory. Language certification is not required if the

English version is to be considered the controlling document.

i. Conclude (Sign) Agreement. For purposes of military engagement, it is

often preferable to have a contemporaneous mutual signing of the agreement—

a “signing ceremony.” However, when a signing ceremony is impracticable or

undesirable, the following process will be used when possible.

(1) Once the foreign language certification has been completed, the

CCMD ACSA PM will forward both English and foreign language versions of the

agreement through U.S. country team channels to the foreign nation or

international organization signatory authority for signature. Upon return of

both copies, signed by the foreign country or international organization, the

ACSA PM will then forward both versions to the U.S. signatory authority for

signature. There is no required signature level, but it is customary that U.S.

and foreign nation or international organization signatories are of

approximately equal rank or position. Upon signature by the U.S. signatory,

the CCMD ACSA PM will promptly forward through U.S. country team

channels one copy (each) of the English language and foreign language versions

of the agreement, signed by both parties, to the foreign nation or international

organization.

(2) The CCMD ACSA PM will also ensure that certified copies of the

agreement, signed by both parties and in both languages, are submitted in a

timely manner to the offices and organizations specified in paragraph 7.2 of

reference c and Enclosure C of reference d. The ACSA PM will also ensure

compliance with all other post-signature processing requirements of these

references. Local CCMD regulations may require additional copies to be

provided to other DoD elements, such as the designated CCMD international

agreements repository (usually the staff judge advocate). The ACSA PM will

also provide one electronically scanned copy (PDF format preferred) of the

signed agreement and the language certification (if any) to the Joint Staff/J-4

at the same time.

6. Amending a Cross-Servicing Agreement

a. The process of amending an ACSA is the same as for a new agreement.

The CCMD ACSA PM must coordinate and request OSD and Joint Staff

authority to conclude all amendments as described above.

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Enclosure C

b. There is no preapproved “template” for amendments because they are

dependent on individual circumstances. The draft should be developed in close

coordination with the supporting staff judge advocate.

c. Foreign language certification and distribution requirements also apply

to amendments.

7. Developing and Concluding Implementing Arrangements. IAs may be

developed along with or separately from the parent ACSA. The process is

structurally similar to the ACSA process, although the review and approval

authorities differ because negotiation of IAs is usually delegated to CCMDs.

a. Create the Proposed Draft IA

(1) Generally IAs are not required unless requested by one of the

parties to the ACSA. Unlike ACSA, IAs do not have a preapproved template

because they are situation-specific. IAs may be lengthy or only a page or two.

They may be developed for a particular type of logistic support that requires

lengthy specifications or statements of work (e.g., a menu of base operations

support tasks or specifications for a fuels RIK agreement). IAs may also be

used to support a particular operation or location (e.g., where authority to

enter into ACSA orders is to be delegated to a joint task force logistics officer for

support to the task force, or to an exercise officer for exercise support).

(2) All IAs must include the following information:

(a) The name and alphanumeric identifier of the cross-servicing

agreement that the IA implements.

(b) An alphanumeric identifier of the IA, for use on ACSA orders to

identify which IA the order is placed against.

authorized under the ACSA, or any subset thereof).

(d) The geographic or operational limitation, if any, of the IA’s

applicability.

(e) U.S. and foreign country or international organization POCs

authorized to place and receive orders under the IA and to collect and make

payments.

(3) The draft should be developed in close coordination with the

supporting staff judge advocate and staffed through interested offices within

the command. Once this has been completed, the draft must be staffed within

the U.S. side to the CCMD for authority to negotiate.

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Enclosure C

(4) CCMDs may negotiate IAs themselves or may grant authority to the

requesting command or designee to negotiate (or to negotiate and conclude).

b. Organize U.S. Negotiating Team

(1) The responsible CCMD ACSA PM or the ACSA PM of the command-

delegated authority to negotiate the IA usually organizes the team that should

include, at a minimum, the lead negotiator, ACSA PM (if not the lead

negotiator) may also include command legal counsel as appropriate.

Representatives from other affected organizations may be included. For IAs

that affects more than one CCMD’s geographic or functional responsibility,

representatives of these commands may also be included. In addition, the

negotiating command’s ACSA PM should coordinate with the U.S. country

team, which may provide an observer or advisor to the negotiations.

(2) Before commencing negotiations, the lead negotiator should meet with

the U.S. negotiating team and the U.S. country team to obtain information on

anticipated foreign country or international organization positions, identify any

potentially contentious issues, and develop strategies for resolving them. Note:

Country clearances and visas may be required if the negotiations are to take place

in another country; sufficient lead-time should be allowed to obtain any required

clearances or visas.

c. Conduct Negotiations and Prepare Revised Draft English Version of the

Agreement

(1) The U.S. lead negotiator will coordinate with the U.S. country team

to schedule the time and location for the negotiations. The draft text, along

with a briefing if desired, should be presented to the foreign country or

international organization by the U.S. country team sufficiently prior to the

commencement of negotiations to allow the foreign country or international

organization time to study the draft, consider host country domestic law and

regulations that may apply, and prepare for negotiations.

(2) As a result of the negotiations, the U.S. negotiator may agree to

proposed modifications to the text approved for negotiations on the condition

that the changes will not be binding until approved by appropriate authority.

As noted above, the legal term for this “agreement to text subject to staffing

and approval” is “ad referendum.”

(3) On completion of negotiations, the U.S. team will prepare an

English version of the negotiated text. Any deviations from the text approved

for negotiation should be clearly noted and rationale provided.

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Enclosure C

d. Coordinate Draft Within Combatant Command

(1) Once the negotiation has been completed, the CCMD ACSA PM will

coordinate the document at the CCMD level in accordance with applicable

command guidance. This step may include coordination with Service

component or subunified command headquarters.

(2) Draft IAs that affects other CCMDs’ geographic or functional area of

responsibility must be coordinated with the affected commands.

e. Forward Selected IAs to Joint Staff/J-4 for Review and Coordination

(1) Drafts IAs that fall within the scope of the ACSA do not require the

prior approval of, or coordination with, the Joint Staff, OSD, or DoS, prior to

negotiation and conclusion. Unless specifically advised otherwise by the Joint

Staff/J-4, drafts of the following IAs will be submitted to that office for review

and approval by the Joint Staff prior to being initially tendered to a foreign

country or international organization and, once conditionally agreed to by the

foreign country or international organization, before the IA can be concluded:

(a) IAs having policy significance, as defined in references c and d.

(b) IAs that envision the transfer or use of specific subcategories of

military communications assets and related services. A list of such assets and

services is contained in reference d.

been withheld by, or specifically reserved to, the CJCS or OSD.

(2) If there is any question concerning the appropriate level at which a

proposed IA should be reviewed and/or approved, the CCMD ACSA PM should

consult the Joint Staff/J-4.

(3) The Joint Staff/J-4 shall coordinate the proposed IA with the CJCS’

Legal Counsel, the Joint Staff/J-5, and the Joint Staff

J-section with staff responsibility for the LSSS in question.

(4) Upon completion of Joint Staff coordination, the Joint Staff/J-4 will

return the proposed IA to the responsible CCMD ACSA PM with direction for

further changes (if any) in the draft agreement.

f. Modify Draft and Resubmit to Foreign Country or International

Organization. Upon completion of CCMD and, if necessary, Joint Staff

coordination, the responsible CCMD ACSA PM (or the negotiating command’s

ACSA PM) will incorporate changes made to the IA and resubmit the IA through

U.S. country team channels to the foreign country or international

organization.

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Enclosure C

g. Obtain and Certify Foreign Translation of IA

(1) Upon receipt of authority to conclude an agreement by the foreign

country or international organization to any required text changes, the CCMD

(or negotiating command) ACSA PM will prepare a final English version of the

agreement and provide it to the foreign country or international organization

through U.S. country team channels. The foreign country or international

organization is then responsible for preparing a version in its language if the

agreement is to be signed in two language versions.

(2) Once the translated version of the agreement has been received, the

CCMD ACSA PM must arrange for an official certification that the foreign

language text and the English language text are in conformity with each other,

and that both texts have the same meaning in all substantive respects. The

certifying official must be designated as qualified, consistent with local practice,

as specified in paragraph 8.11 of reference c. The certifying official may need to

discuss the translation with the foreign country or international organization

and obtain mutually agreed upon adjustments to the translation in order to

make this certification. The foreign language text must be certified before it is

signed by the U.S. signatory.

h. Conclude (Sign) IA. For purposes of military engagement, it is often

preferable to have a contemporaneous mutual signing of the agreement—a

“signing ceremony.” However, when a signing ceremony is either impracticable

or undesirable, the following process will be used when possible.

(1) Once the foreign language certification has been completed (and

authority to conclude has been granted, if applicable), the CCMD (or

concluding command) ACSA PM will forward both English and foreign language

versions of the arrangement through U.S. country team channels to the foreign

country or international organization signatory authority for signature. Upon

return of the copies signed by the foreign country or international organization,

the ACSA PM will forward both versions to the U.S. signatory authority for

signature. There is no required U.S. signature level, but it is customary that

the U.S. and foreign nation or international organization signatories are of

approximately equal rank or position. Upon signature by the U.S. signatory,

the CCMD (or concluding command) ACSA PM will promptly forward through

country team channels one copy of both the English and foreign language

versions of the agreement, signed by both parties, to the foreign nation or

international organization.

(2) When required the CCMD ACSA PM will also ensure certified copies

of the IA, signed by both parties and in both languages, are submitted in a

timely manner to the offices and organizations specified in paragraph 7.2 of

reference c and Enclosure C of reference d. The ACSA PM will also ensure

compliance with all post-signature processing guidelines detailed in those

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Enclosure C

references. Local CCMD regulations may require additional copies be provided

to others, such as the designated CCMD international agreements repository

(usually the staff judge advocate). The ACSA PM will also provide one

electronically scanned copy (PDF format preferred) of the signed agreement and

the language certification letter to the Joint Staff/J-4 at the same time.

8. Amending an IA

a. The process of amending an existing IA is the same as for a new

arrangement. Depending on the extent of the desired changes, it may be

possible to agree on amendments through e-mail or by telephone, in lieu of

direct face-to-face negotiations. However, the CCMD ACSA PM must coordinate

the proposed IA as described above. Any IA amendments that affect other

CCMDs must be coordinated with those commands and the Joint Staff prior to

conclusion. Foreign language certification and distribution requirements for the

concluded agreement also apply to IA amendments.

b. CCMDs should review all POC annexes to existing IAs at least annually.

Copies of the changed POC annexes will also be provided to the other party

through U.S. country team channels. Changes to IA POC annexes do not

require coordination at the Joint Staff level.

CJCSI 2120.01D

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Enclosure C

(INTENTIONALLY BLANK)

CJCSI 2120.01D

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D-1

Enclosure C

ENCLOSURE D

EXECUTION PROCEDURES

1. Purpose. This enclosure prescribes procedures for executing ACSA

transactions under AOA and ACSA authority. Reference b requires Secretaries

of the Military Departments, or their designees, to be responsible for

establishing appropriate oversight procedures as well as keeping and

maintaining financial and program records of all ACSA transactions. These

procedures may be supplemented or adjusted to reflect conditions or

requirements unique to a geographical or functional CCMD, its Service

component or subunified commands, or a specific operation.

2. Scope. The ACSA program is intended to be executed at the lowest

organizational level by designated ACSA officials, primarily at the CCMD

Service component or subunified commands. This enclosure prescribes

procedures for acquiring LSSS under AOA and for three forms of LSSS transfer

under cross-servicing agreement authority: transfer for cash reimbursement;

transfer for RIK or EVE reimbursement; and loan/lease for cash, RIK, or EVE

reimbursement. This enclosure also addresses open-ended ACSA orders and

prescribes procedures for requesting approval of third-party transfers under

ACSA.

3. Acquisition of LSSS Under Acquisition-Only Authority

a. Identify Logistics Requirement and Appropriate Procurement

Mechanism

(1) The first step in the acquisition process is to identify the type,

quantity, and timing of U.S. Armed Forces’ logistics requirements. These

requirements are normally identified and refined at the CCMD, Service

component, or subunified command level by the responsible command or unit

logistics elements in coordination with the official designated as the ACSA

ordering authority or a warranted contracting officer.

(2) Once the U.S. logistics requirement is defined, the responsible ACSA

ordering authority, in coordination with command legal counsel and

contracting officials if necessary, confirms that the required support falls

within the scope of LSSS permitted under the ACSA authorities and that the

required goods or services are not reasonably available from U.S. commercial

sources under the current circumstances.

(3) If the conditions specified in subparagraph 3.a. (2) can be met, the

designated ACSA ordering authority proceeds to the next step in the

transaction.

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Enclosure C

b. Negotiate the Terms and Conditions of the AOA Order

(1) Acquisitions of LSSS under AOA agreements may be executed

through contracts negotiated by warranted contracting officers using the

general procurement authority of chapter 137 of title 10, U.S.C., in conjunction

with title 10, U.S.C. Chapter 138, sections 2341 and 2343. All contracts that

use chapter 137 authority must be executed by warranted contracting officers

in accordance with the applicable DoD and Military Department procurement

regulations.

(2) Acquisitions of LSSS using an AOA agreement may be executed

through a standard ACSA order form. ACSA ordering authorities are

encouraged to consult with a warranted contracting officer for complex or high-

value transactions.

(3) Before execution of the contract or other acquisition order, the

responsible contracting officer or ordering authority will ensure the availability

of reimbursement means (appropriated funds or exchange of LSSS) for the

LSSS to be acquired. The ACSA order form or other agreement will specify the

form of reimbursement.

c. Receive LSSS

(1) As the requested LSSS is delivered to U.S. Armed Forces, the

responsible ordering authority or contracting officer or designee verifies partial

or complete delivery of the LSSS in accordance with the provisions of the

contract or AOA agreement. This step is documented on the standard ACSA

order form.

(2) Once delivery of LSSS is verified, the responsible ordering authority

or contracting officer or designee informs the responsible Service component or

subunified command resource management element. This office may then

initiate payment processing via the appropriate Service or agency financial

management system.

d. Reimburse Foreign Country or International Organization

(1) Reimbursement for LSSS acquired under AOA is processed in

accordance with the terms of the relevant contract or acquisition agreement.

DFAS, in coordination with the Service component or subunified command

resource management element, is usually responsible for the receipt, validation,

and payment of foreign invoices for LSSS acquired. Reimbursement in cash

must be with the proper purpose funds (i.e., right color of money) for the LSSS

acquired.

(2) For acquisitions to be reimbursed through RIK or EVE, once the

receipt of LSSS is verified, the designated U.S. ACSA official will initiate the

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Enclosure C

order of LSSS to be used as reimbursement through the supply system of the

providing Service component or subunified command. This step may involve

coordination with one or more logistics or contracting officials of the

responsible Service component or subunified command. To the maximum

extent possible, Service component or subunified command personnel should

use existing standard supply and contracting systems and processes for

obtaining LSSS used as reimbursement. This also applies to LSSS to be

provided by private vendors under contract to DoD components for ongoing

logistics support to U.S. Armed Forces.

(3) Military airlift, sealift, and other forms of transportation services

provided or funded by USTRANSCOM as reimbursement under an ACSA order

or contract will be requested in accordance with the procedures described in

reference n. The DoD official acquiring from a foreign country or international

organization to provide LSSS that will be reimbursed by services provided or

funded by USTRANSCOM will provide USTRANSCOM with the funding

information necessary to ensure reimbursement of the Transportation Working

Capital Fund (TWCF).

(4) AOA transactions in which the U.S. reimburses a providing foreign

country or international organization through RIK or EVE will be documented

on a standard ACSA order form and entered into AGATRS.

4. Transfer of LSSS Under Cross-Servicing Agreement Authority

a. Transfer of LSSS for Cash Reimbursement. The following procedures

apply to the transfer of LSSS from U.S. Armed Forces to foreign countries or

international organizations or vice versa under an ACSA for cash

reimbursement.

(1) Identify Logistics Requirement and Appropriate Transfer Mechanism

(a) The first step in the ACSA transfer process is to identify the

type, quantity, and timing of the U.S., foreign country, or international

organization logistics requirement. For the U.S., these requirements are

normally identified and refined at the CCMD Service component or subunified

command level by the responsible command logistics elements, in coordination

with the designated ACSA official.

(b) Once the logistics requirement is defined the designated ACSA

official, in coordination with command legal counsel and contracting officials (if

necessary), confirms that the required support falls within the scope of LSSS

permitted under the ACSA authorities and is not otherwise inappropriate under

ACSA (e.g., foreign disclosure and unusual liability). If the U.S. is acquiring

LSSS, the U.S. ACSA POC must determine if the required goods or services are

not reasonably available from U.S. commercial sources, taking into

consideration all relevant circumstances (e.g., timeliness, costs, purpose of

CJCSI 2120.01D

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Enclosure C

exercise or operation, and location). Transactions must also align with U.S.

national interests and the U.S. commander’s requirements.

(2) Negotiate the Terms and Conditions of the ACSA Order

(a) Once the transfer is deemed to be an appropriate ACSA

transaction, the designated ACSA official and foreign country or international

organization counterpart will negotiate the terms and conditions of the ACSA

order. These will address, at a minimum, the type, quantity, delivery location

and schedule, billing information, and price of the LSSS to be transferred. Due

to the binding nature of the ACSA order, both parties will make every effort to

agree on a firm fixed price for the requested support. Failing that, a “not to

exceed” amount will be specified in the order. Additional DoD guidance on

pricing LSSS under ACSA is provided in references g and i.

(b) ACSA orders requesting military airlift, sealift, and other forms of

transportation services provided or funded by USTRANSCOM, or that require

the provision of such services as a form of reimbursement for LSSS received

from a foreign country or international organization, shall be forwarded to

USTRANSCOM for review and approval.

(3) Initiate ACSA Transaction

(a) Once both parties have agreed on the terms and conditions of

the ACSA order, they initiate the transaction by completing all required parts of

the ACSA order form specified in the relevant cross-servicing agreement or IA

If this form is deemed inadequate, it can be replaced by a substitute form or

supplemented with additional documents (specifications, statements of work,

etc.), so long as the minimum essential data elements specified in the

underlying cross-servicing agreement or IA are provided. A replacement form

or supplemental documents may be in any form or media (written or electronic)

permitted by the underlying cross-servicing agreement or IA. Once the form is

completed and signed by both parties, it constitutes a binding international

commitment.

(b) If the U.S. is acquiring LSSS for payment in cash, the

designated ACSA official will coordinate with the responsible Service

component or subunified command resource management element before

signing the ACSA order form to obtain fund certification for the dollar value of

the order. The fund cite with the required certification will be noted on the

ACSA order form. At the same time, the responsible component resource

management element will enter the ACSA order as a commitment and

obligation into the relevant financial management system. Reimbursement in

cash must be with the proper purpose funds (i.e., right color of money) for the

LSSS acquired. If the U.S. is transferring the LSSS for payment in cash, the

CJCSI 2120.01D

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Enclosure C

ACSA order form should reflect the fund cite of the burdened account to which

the reimbursement should be credited.

order form, the designated ACSA official should resolve the situation informally

with recipient foreign country or international organization ACSA POCs as soon

as possible -- ideally before any or all of the requested LSSS is delivered and

accepted. This may require amending the order, or canceling it and executing a

new order with the correct pricing data. Once the LSSS has been delivered and

accepted per the standard ACSA process, it may be difficult to correct the

discrepancy.

(4) Initiate Order of LSSS

(a) Once the order is signed by both parties, the U.S. ACSA POC will

initiate the order of LSSS (for U.S.-provided support) through the supply

system and process of the providing organization. This step may involve

coordination with one or more logistics or contracting officials of the

responsible Service component or subunified command. To the maximum

extent possible, Service component or subunified command personnel should

use existing standard logistics and/or contracting systems and processes for

providing support under cross-servicing agreements. This applies also to ACSA

orders for LSSS to be provided by private vendors contracted by DoD

components to provide ongoing logistics support to U.S. Armed Forces.

(b) Military airlift, sealift, and other forms of transportation services

provided or funded by USTRANSCOM under an ACSA order will be requested in

accordance with the procedures described in reference n.

(5) Deliver LSSS and Verify Delivery and Receipt

(a) For support provided by the U.S., LSSS specified in an ASCA

order is delivered from current DoD inventory through the Service component

or subunified command supply system, directly from U.S. logistics elements, or

from contracted vendors according to the schedule defined in the order. At the

time of complete or partial delivery of LSSS, the designated ACSA official

obtains verification from the requesting foreign country or international

organization that the LSSS has been delivered and accepted. This step is

documented on the ACSA order form.

(b) Once the receiving party has verified delivery and acceptance of

LSSS, the designated ACSA official will provide a copy of the completed ACSA

order form to the responsible Service component or subunified command

resource management element, which updates the Service financial

management system to initiate billing and collection. A copy of the completed

ACSA form will also be provided to the receiving party, and will serve as the

invoice that the transaction is complete, pending reimbursement.

CJCSI 2120.01D

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Enclosure C

repeated for each partial delivery until the entire order has been completed.

After each partial delivery the order should be updated in the AGATRS system

to reflect the delivery and adjust the remaining balance. Each partial delivery

should also be scanned and uploaded as an attachment and added to the order

in AGATRS.

(6) Bill and Collect Reimbursement for LSSS Provided by the United

States

(a) Upon receipt of the completed ACSA order form, the Service

component or subunified command resource management element will update

the appropriate financial management systems and forward the ACSA order

form to the DoD organization identified in the cross-servicing agreement or IA

for billing and collection.

(b) Upon receipt of the ACSA order form, the DoD billing element

(e.g., DFAS) generates the necessary bills (generally a Standard Form 1080,

Voucher for Transfers Between Appropriations and/or Funds) and transmits

them to the payment office specified in the cross-servicing agreement, IA, or

ACSA order. Once reimbursement is received, the DoD billing element (e.g.,

DFAS) will update its internal accounting and financial management systems

and credit the DoD appropriation cited in the respective bill.

b. Transfer of LSSS for RIK or EVE. The procedures described below apply

to the transfer of LSSS from U.S. Armed Forces to a foreign country or

international organizations for RIK or EVE reimbursement.

(1) Identify Logistics Requirement and Appropriate Transfer

Mechanism. The process of identifying the logistics requirement and the

appropriate transfer mechanism for a transfer of LSSS for RIK or EVE is the

same as in transfer of LSSS for cash.

(2) Negotiate the Terms and Conditions of the ACSA Order

(a) Once the transfer is deemed to be an appropriate ACSA

transaction, the designated ACSA official and the foreign country or

international organization counterpart will negotiate the terms and conditions

of the ACSA order. These will address all information required to complete the

transaction, including the type, quantity, delivery location, delivery schedule,

billing information, value of the LSSS to be transferred, and the form of

reimbursement (RIK or EVE). Additional DoD guidance on pricing LSSS under

ACSA is provided in references g and i.

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Enclosure C

(b) ACSA orders for services provided or funded by USTRANSCOM

in which the foreign country or international organization requests to provide

RIK or EVE reimbursement will be forwarded to USTRANSCOM for review and

approval. Generally, transactions involving RIK or EVE reimbursement for

services provided by USTRANSCOM using TWCF funds will not be approved

unless the DoD organization receiving the RIK or EVE, or another DoD

organization, provides a fund cite to USTRANSCOM to ensure the TWCF is

properly reimbursed.

(3) Initiate ACSA Transaction

(a) Once both parties have agreed to the terms and conditions of the

ACSA order, they initiate the transaction by completing all required parts of the

ACSA order form. Once the order form is completed and signed by both

parties, it constitutes a binding international commitment.

(b) Before signing the order, the U.S. ACSA POC should ensure the

ACSA order for RIK or EVE reimbursement contains a validated estimate of the

value of the LSSS to be transferred. Unlike an ACSA transfer for cash

reimbursement, there is no requirement to obtain a fund cite certification prior

to signing the order; however, if the RIK or EVE transaction is not completed, it

can become a cash transaction that would require a fund cite, in some cases a

year later. This possibility should be considered at the time of the initial

transaction.

(4) Initiate Order of LSSS

(a) Once the order is signed by both parties, the designated ACSA

official will initiate the order of LSSS (for U.S.-provided support) through the

supply system or process of the providing organization. This step may involve

coordination with one or more logistics or contracting officials of the

responsible Service component or subunified command. To the maximum

extent possible, Service component or subunified command personnel should

use existing standard logistics and/or contracting systems and processes for

providing support under a cross-servicing agreement. This applies also to

ACSA orders for LSSS to be provided by private vendors contracted by DoD

components to provide ongoing logistics support to U.S. Armed Forces.

(b) Military airlift, sealift, and other forms of transportation services

provided or funded by USTRANSCOM as reimbursement under an ACSA order

will be requested in accordance with the procedures described in reference n.

(5) Deliver LSSS and Verify Delivery and Receipt

(a) The process of delivering LSSS in a RIK/EVE transaction is the

same as in transfer of LSSS for cash.

CJCSI 2120.01D

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Enclosure C

(b) When providing support, once the recipient party has verified

delivery and acceptance of LSSS, the designated ACSA official will provide a

copy of the completed ACSA order to the responsible Service component or

subunified command resource management element. The latter holds this

documentation pending foreign reimbursement via RIK or EVE.

(6) Receive RIK or EVE Reimbursement and Reconcile ACSA Order.

Once the foreign country has reimbursed via RIK or EVE within the required

timeframe, the designated ACSA official notes that fact either on the ACSA

order form and inform the Service component or subunified command resource

management element of the completion of the transaction.

(7) Process Order as Reimbursable Transaction in Case of Default. If

the foreign country or international organization fails to reimburse U.S. Armed

Forces via RIK or EVE within the required timeframe (usually a maximum of 1

year), the transaction is converted into a cash transaction, as required under

references a and g. The responsible Service component or subunified

command resource management element will inform the Service component or

subunified command ACSA POC of the failure to reimburse. The resource

management element will then process the order as a reimbursable transaction

as described in paragraphs 4a(6)(a) and (b) of this enclosure.

c. Loan of LSSS for Cash, RIK, or EVE. The procedures described below

apply to the transfer of LSSS by temporary loan or lease by U.S. Armed Forces

to foreign countries or international organizations for cash, RIK, or EVE

reimbursement.

(1) Identify Logistics Requirement and Appropriate Transfer

Mechanism. The process of identifying the logistics requirement and the

appropriate transfer mechanism for the loan or lease of LSSS items for cash,

RIK, or EVE is the same as in transfer of LSSS for cash.

(2) Negotiate the Terms and Conditions of the ACSA Order. Once the

transfer is deemed to be an appropriate ACSA transaction, the designated

ACSA official and the foreign country or international organization counterpart

will negotiate the terms and conditions of the ACSA order. These will address

all information required to complete the transaction, including the type,

quantity, delivery location, delivery schedule, billing information, value of the

LSSS to be loaned or leased, and the costs and terms of the loan or lease.

Specific DoD guidance on pricing loans or leases of U.S. military equipment is

provided at reference j.

(3) Initiate ACSA Transaction; Initiate Order of LSSS; Deliver LSSS and

Verify Delivery and Receipt; and Bill and Collect Reimbursement for LSSS. The

processes of initiating the ACSA transaction, initiating the order of LSSS,

delivering LSSS and verifying its delivery and receipt, and billing for and

CJCSI 2120.01D

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Enclosure C

collecting reimbursement for LSSS are the same for the loan or lease of LSSS

items as they are in transfer of LSSS.

(4) Verify Return of Loan in Serviceable Condition

(a) Upon the expiration of the loan, the foreign country or

international organization returns the loaned items as specified in the ACSA

order. The designated ACSA official will verify that the returned items are

serviceable as defined in the original order. This step may involve an extensive

inspection and/or testing of the returned items and require the support of

logistics specialists. If the items are determined to be serviceable, the

designated ACSA official will inform the Service component or subunified

command resource management element and note that fact on the ACSA order

form.

(b) If the returned items are determined not to be serviceable—

either through damage or loss—the designated ACSA official, with the

assistance of logistics specialists if necessary, will develop an estimate of the

cost to repair the damage or replace lost items. The designated ACSA official

will then forward this information to the responsible Service component or

subunified command resource management element. The resource

management element then develops a bill and collects reimbursement as

described in subparagraphs 4.a. (6)(a) and (b) of this enclosure. Note: Other

international agreements may affect the ability of the U.S. to collect

reimbursement for damages caused to U.S. equipment while in the possession

of foreign military forces or international organizations. Consequently, prior to

loaning high-value, delicate, or hard-to-replace equipment, the U.S. ACSA POC

should consult the staff judge advocate if there is any question regarding the

ability to collect for possible damages to that equipment.

5. Open-Ended or Continuing ACSA Orders

a. Operational necessity or the nature of the LSSS provided may result in

the need to enter into an “open-ended” or “continuing” ACSA order in which

one or more of the critical data elements, such as quantity of LSSS or the

period of time over which the LSSS is to be provided, cannot be defined in

advance. For example, a request by a foreign country or international

organization that the U.S. transport 2-4 pallets of sustainment cargo per week

over an established route for the duration of an operation lacks a definite

quantity (number of pallets to be moved) or a definite time frame. However, the

cost of moving a pallet over the specified route is known. In such cases, a

separate ACSA order is not necessary for each shipment.

b. Open-ended or continuing ACSA transactions may be concluded as long

as there is sufficient information to enable the parties to understand and

accept their respective responsibilities and liabilities as well as a clear

CJCSI 2120.01D

21 May 2015

D-10

Enclosure C

understanding of how orders will be placed, executed, and billed. In the

example in subparagraph 5a, once the transportation of the foreign country or

international organization cargo has been completed, the ACSA transaction

may then be completed and a bill generated. In the interim, the parties may

agree that billing will occur monthly or quarterly for the number of pallets

moved in the preceding month or quarter, until the operation ends. This

approach will avoid the accumulation of a large outstanding unliquidated

balance between the parties.

c. Caution must be taken not to obligate beyond (or before) the period of

availability of the funding. For example, for severable services, the service

normally must be paid for with funds available for the fiscal year in which the

service is performed. Accordingly, an ACSA order cannot be placed in one

fiscal year for services performed or paid for in another fiscal year unless the

order contained a “subject to availability of funds” clause. Consult your legal

advisor before placing any order that may continue across fiscal years.

d. For all ACSA orders in which the final amount cannot be determined at

the time the order is signed, a “not-to-exceed” amount will be agreed to and

noted on the order. LSSS valued in excess of that amount may not be

transferred under that order. If the not-to-exceed amount is found to be

insufficient, a new ACSA order must be placed for any additional amount.

6. Third-Party Retransfers

a. Policy

(1) Reference b requires prior written approval from the U.S. government

for the retransfer of LSSS from the original foreign country or international

organization recipient to another foreign government, international

organization, or to any entity other than the officers, employees, or agents of

the foreign country or international organization whose military originally

received the LSSS.

(2) If the U.S. government approves the retransfer of LSSS to another

entity, the original recipient of the LSSS remains obligated for reimbursement

to the U.S. for the full value of the entire quantity of LSSS originally provided

by the U.S. in accordance with the terms of the ACSA order. Further, the

third-party recipient must also agree not to further retransfer the LSSS without

the prior written approval of the U.S.

(3) The Service component or subunified command executing the

retransfer will ensure all approved retransfers are properly and fully

documented and will include the information elements listed in subparagraph

6b(1) and all information in required ACSA reports.

CJCSI 2120.01D

21 May 2015

D-11

Enclosure C

b. Requesting Approval for Retransfers

(1) Requests for approval of third party retransfer will be prepared in

writing by the responsible CCMD headquarters in coordination with the

Service component or subunified command that originally provided the LSSS

in question. The request should be based on a formal request from the

foreign country or international organization seeking to retransfer LSSS. The

CCMD retransfer request will provide, at a minimum, the following

information:

(a) Name of the foreign country or international organization

seeking to retransfer LSSS.

(b) Name of the foreign country, international organization, or other

government department or organization receiving the LSSS.

(d) Length of time of the retransfer (for loans and leases).

(e) Relevant operation or exercise.

(f) Physical location of the retransfer.

(2) Retransfer requests will be transmitted via e-mail or in writing

through the CCMD to the Joint Staff/J-4 for review and forwarding to

OUSD(AT&L/IC) for coordination and final disposition.

(3) Retransfer requests seeking one or more form of blanket retransfer

authority (by operation, type of LSSS, foreign country or international

organization, or periods of time) must provide compelling rationale for such

requests.

(4) OSD will respond (approved, denied, or approved with conditions or

restrictions) to the retransfer request to the affected CCMD through the Joint

Staff/J-4. If the request is approved, the U.S. ACSA POC that managed the

original transaction shall communicate the U.S. response to the affected

foreign country or international organization.

(5) The third-party recipient of the retransfer shall provide to the U.S. a

written undertaking not to further transfer the LSSS without the prior written

approval of the U.S. Such approval would be requested and processed in the

same manner as the original retransfer approval (see paragraph 6 of this

enclosure).

CJCSI 2120.01D

21 May 2015

D-12

Enclosure C

7. Coalition Operational Needs Statement (CONS)

a. Policy

(1) A CONS is a request for LSSS equipment support for a coalition

partner participating in a contingency operation with the U.S. Guidance to

support planning required for partner nations to deploy in support of U.S. led

or supported missions worldwide is at reference p. Joint Publications 4.08

Logistics in Support of Multinational Operations provides joint doctrine for the

planning and execution of U.S. logistics during multinational operations

(reference q).

(2) CCMDs are responsible for validating and sourcing requirements

within their respective AOR using available authorities. Any requests made by

the partner nation directly to any other DoD agency will be sent the respective

CCMD. Requests made directly to USTRANSCOM for airlift, sealift, or other

forms of transportation services provided by USTRANSCOM, will be

coordinated with the geographic CCMD concerned prior to approval. CCMDs

may request global sourcing from the Joint Staff where the requirement cannot

be met within the AOR. These requests will be sent to the Director of the Joint

Staff. CCMD requests will include; requirements validation, statement of non-

availability from within the AOR, identity of the authority(s) for providing

equipment to include transportation and maintenance, mission priority and

required date, COMSEC or Defense Technology Security Administration (DTSA)

approval, if applicable, and equipment description (National Stock Number,

quantity, suitable substitutes). Joint Staff/J-4 will staff CCMD request citing

ACSA/Section 1207 authority to the Services for potential solutions. Once

notified of the Service(s) solution CCMDs will coordinate directly with the

Service(s) for delivery. CCMDs will establish internal guidance to manage the

CONS process.

8. Section 1207

a. Section 1207 of the FY 2015 NDAA expands previous ACSA loaning

authority under section 1202 of the FY 2007 NDAA, as amended. This is a

temporary authority that permits the U.S. to loan personnel protection

equipment and other personnel survivability Significant Military Equipment

(SME) to certain foreign forces under existing ACSAs. This will be referred to

as Section 1207 under ACSA authority.

b. This authority uses the existing procedures associated with the RIK

exchanges associated with ACSAs. Nations are responsible for associated

transportation, maintenance, and training. The loaned equipment can only be

used in a combined operation with the U.S. or a combined peacekeeping

mission under the charter of the UN or other international agreement, or in

preparation for deployment to such an operation. Equipment may only be

CJCSI 2120.01D

21 May 2015

D-13

Enclosure C

loaned under this authority after a CCMD determines the U.S. forces have no

unfilled requirements. Equipment may only be loaned for duration of coalition

partner’s participation in a covered operation solely for the purpose of

enhancing personnel protection or to aid in personnel survivability by those

forces. The Deputy Secretary of Defense (DepSecDef) has delegated this

authority to CCMDs and no lower than their deputy (see reference r).

c. Pursuant to the Act, the term “covered military equipment” means

items designated as SME in categories I, II, III, VII, X, XI, and XIII of the U.S.

Munitions List under section 38(a)(1) of the Arms Export Control Act (22,

U.S.C., section 2778(a)(1)). DepSecDef with the concurrence of DOS has

further limited this equipment to:

(1) Military vehicles designed to accommodate crew-served weapons for

convoy security operations;

(2) Up-armored High Mobility Wheeled Vehicles;

(3) Add-on Armor kits;

(4) Command, control and communications systems, including Blue

Force Tracker and radios;

(5) Crew-served weapons (.50 caliber and below) for convoy/base camp

security operations;

(6) Counter-improvised explosive devices.

d. Loans are subject to Congressional reporting annually. In addition, a 15

day congressional notification is required in connection with training for

deployments to combined operations.

e. Conditions for release of equipment to Coalition Partners.

(1) The CCMD is responsible for ensuring accountability for all

transferred equipment.

(2) The number of systems transferred and the duration of the transfer

will be the minimum necessary to accomplish mission.

(3) The transfer will be recorded on an ACSA transaction form basis, and

each system will be separately identified.

(4) The recipient coalition partner will sign for the equipment and

securely control it for the duration of the transfer.

CJCSI 2120.01D

21 May 2015

D-14

Enclosure C

(5) The ACSA transaction form will specify that the recipient coalition

partner is responsible for returning the loaned equipment in the same

condition, less normal wear and tear, and the coalition will reimburse the U.S.

for any loss or damage to the equipment. DepSecDef may waive battle

damage/loss on a case by case basis.

(6) The loan costs will be recorded as an ACSA transaction, in

accordance with applicable ACSA costing principles.

(7) An authorized representative of the recipient coalition partner will

sign a statement verifying that the coalition partner understands the term “

Logistic Support, Supplies, and Services,” as defined within the applicable

ACSA with the U.S., includes the temporary provision of the equipment to be

transferred for the limited purpose of providing for the use of such equipment

by its military forces to participate in combined operations with the U.S. or as

part of a peacekeeping operation under the Charter of the UN or other

international agreement, or for the purpose of training those forces to be

deployed, or a peacekeeping operation for the aforementioned combined

operations with the U.S., or as a part of a peacekeeping operation under the

Charter of the UN or other international agreement.

(8) An implementing arrangement is required specifying the terms,

conditions and definitions that apply to these transactions.

(9) OUSD (AT&L/IC) is responsible for notifying Congress of equipment

loans for pre-deployment training. Equipment cannot be transferred until

completion of the 15–day congressional notification period.

(10) Training on the use of the equipment will be restricted to only that

which is necessary to accomplish the designated mission. Other than

operator-level updates, any maintenance, system programming, and software

updates that may be required on the equipment must be performed by U.S.

personnel only.

(11) Transfers for classified equipment or sensitive technology not

previously authorized by DepSecDef will be coordinated with OUSD (AT&L/IC)

and DTSA. These conditions will ensure that partner nations’ authorized

representatives agree to U.S. Government end-use and retransfer assurances,

in a written arrangement, in accordance with U.S. laws, regulations, and

policies.

(12) The recipient coalition partner will notify the appropriate U.S.

issuing authority as soon as possible of any loss or damage to the equipment.

In the event of loss, the recipient will make all reasonable efforts to recover the

equipment. If unsuccessful, the recipient will provide the U.S. issuing

CJCSI 2120.01D

21 May 2015

D-15

Enclosure C

authority a detailed written report of the incident within 30 days following

initial notification.

(13) In the event of such loss or damage, the CCMD will notify the

Military Department, OUSD (AT&L/IC) and DTSA as appropriate.

Subsequently, the CCMD will forward the detailed incident report provided by

the recipient coalition partner along with the CCMD’s assessment within 10

days of receiving the incident report to the Military Department,

OUSD(AT&L/IC), as DTSA as appropriate. Based upon the CCMD’s

recommendation, OSD may waive reimbursement on a case-by-case basis for

battle damage or loss due to combat operations where the waiver is determined

to be in the national security interest of the U.S.

(14) In the event of competing requirements that cannot be resolved

between CCMDs the matter will be referred to the Joint Staff J-4. Requests will

be submitted for Joint Material Priorities and Allocation Board (JMPAB)

deliberation and adjudication (see reference s).

CJCSI 2120.01D

21 May 2015

D-16

Enclosure C

(INTENTIONALLY BLANK)

CJCSI 2120.01D

21 May 2015

Appendix A

D-A-1

Enclosure D

APPENDIX TO ENCLOSURE D

MINIMUM ESSENTIAL DATA ELEMENTS

1) Implementing Arrangements or support Agreement

2) Date of Order

3) Designation and address of office to be billed

4) Numerical listing of stock numbers of items, if any

5) Quantity and description of material/services requested

6) Quantity furnished

7) Unit of Measurement

8) Unit price in currency of billing country

9) Quantity furnished (6) multiplied by unit price (8)

10) Currency of billing country

11) Total Order amount expressed in currency of billing country

12) Name (typed or printed), signature, and title of authorized Ordering or

requisitioning representative

13) Payee to be designated on remittance

14) Designation and address of office to receive remittance

15) Recipient's signature acknowledging service or supplies received on the

Order or requisition or a separate supplementary document

16) Document number of Order or requisition

17) Receiving organization

18) Issuing organization

19) Transaction type

CJCSI 2120.01D

21 May 2015

Appendix A

D-A-2

Enclosure D

20) Fund citation or certification of availability of funds when applicable under

Parties' procedures

21) Date and place of original Transfer; in the case of an exchange transaction,

a replacement schedule including time and place of replacement transfer

22) Name, signature, and title of authorized acceptance official

23) Additional special requirement, if any, such as transportation, packaging,

etc.

24) Limitation of government liability

25) Name, signature, date, and title of Supplying Party official who actually

issues supplies or services

CJCSI 2120.01D

21 May 2015

Appendix A

D-A-3

Enclosure D

SAMPLES OF ACSA FORMS

STANDARDIZATION AGREEMENT 3381, ANNEX B, NATO STANDARD FORM FOR REQUEST, RECEIPT AND RETURN OR INVOICE

FORMULAIRE STANDARD OTAN DE DEMANDE, DE RESTITUTION OU DE FACTURATION

A. [ ] REQUEST/DEMANDE [ ] RETURN/RESTITUTION

C. INVOICE/FACTURE

1. REQUISITION NO/No de la demande

4. FROM/De (Requesting Party/demandeur)

5. NATION

22. INVOICING AUTHORITY/Service de facturation

6. TO/A (Supporting party/furnissuer

7. NATION

8. TIME AND PLACE OF DELIVERY REQUESTED/Lieu et date de livraison demande

23. INVOICE NO./No de la facture

DATE

2. SUPPORT AGREEMENT/Accord de

reglement

9. RECEIVING PARTY/Destinataire

24. TRANSACTION CODE

(US USE ONLY)

25. TRANSPORTATION DOCUMENT NO./No de bordereau

d'envo

10. NAME/Nom, RANK/Grade, SIGNATURE

DATE

3. MEANS OF TRANSPORT:

AIRCRAFT/VEHICLE/SHIP/ Moyen de

transport: Aeronef/ vehicule/navire

26. ACCOUNT NO.

(US USE ONLY)

NO.

NATO STOCK NO./

No de nomenclature

DESCRIPTION

MEASURE

UNIT/

Unites de

mesure

QUANTITY

REQUESTED

Quantite

demande

QUANTITY

DELIVERED/

Quantite fournis

UNIT PRICE/

Prix Unitaire

TOTAL

ATTACHMENTS AND VOUCHERS/

Pieces justificatives

16. OTHER COSTS/Autres frais

17. METHOD OF COMPENSATION/Mode de compensation

[ ] CASH/Paiement comptant [ ] DEFERRED REIMBURSEMENT/Paiement differe [ ] REPLACEMENT IN

KIND/Remboursement en nature

31. TOTAL AMOUNT CLAIMED/Total de la facture

32. CURRENCY/Monnaie

18. AUTHORIZATION BY OFFICIAL OF SUPPORTING PARTY/Authorisation du responsable

official

NAME/Nom, RANK/Grade, SIGNATURE

19. AGREED DATE OF

RETURN/

Date de restitution

33. PAYABLE TO/ACCOUNT NO./FOR/Payable a/No de compte/En reglement de

B. ACKNOWLEDGEMENT OF RECEIPT/ACCUSE DE RECEPTION

20. RECEIPT, ACCEPTED/Recu un bonnet et duo ferse

PLACE AND DATE/Lieu et date

NAME/Nom, RANK/Grade, SIGNATURE

21.

TRANSPORTATION/Transport

34. I CERTIFY THAT THE AMOUNT INVOICED IS EXCLUSIVE OF ALL TAXES FOR WHICH EXEMPTION HAS BEEN

GRANTED UNDER PROVISION OF EXISTING AGREEMENTS AND THAT THE INVOICE IS CORRECT/Je certifie

l'exactitude de la presente facture, son montant n'iclut aucune des taxes dont l'exemption est accordee en vertu d'accords

en viguer.

[ ] FREE

CHARGE/

Gratuit

[ ] WITH

CHARGE /

A titre onereux

35. NAME/Nom, RANK/Gade, SIGNATURE

CJCSI 2120.01D

21 May 2015

Appendix A

D-A-4

Enclosure D

CJCSI 2120.01D

21 May 2015

E-1

ENCLOSURE E

REFERENCES

a. Title 10, U.S.C., sections 2341-2350, subchapter I, chapter 138

b. DoD Directive 2010.9, 28 April 2003, “Acquisition and Cross-Servicing

Agreements”

c. DoD Directive 5530.3, 11 June 1987, “International Agreements”

d. CJCSI 2300.01 Series, “International Agreements”

e. Title 22, U.S.C., Section 2318

f. Title 22, U.S.C., Section 2751 et. seq.

g. DoD 7000.14-R, Volume 11A, chapter 8, “International Acquisition and

Cross-Servicing Agreements”

h. Title 22, U.S.C., Part 121

i. CJCSI 3110.10 Series, “Command, Control, Communications, and

Computers (C4) Systems Supplement to the Joint Strategic Capabilities Plan

(JSCP) FY02”

j. DoD 7000.14-R, Volume 11A, chapter 4, “User Charges”

k. DoD 7000.14-R, Volume 3, Chapters 13-15, “Receipt and Distribution of

Budgetary Resources [Departmental/Intermediate/Execution Level]”

l. DoD 7000.14-R, Volume 6A, chapter 12, “Collecting and Reporting of

Foreign Indebtedness Within the DoD”

m. Joint Staff J-4, Acquisition and Cross-Servicing Agreement Web site,

https://intellipedia.intelink.gov/wiki/ACSA

n. DoD 4500.9-R, “Defense Transportation Regulation”

o. Joint Publication 1-02, “Department of Defense Dictionary of Military and

Associated Terms”

CJCSI 2120.01D

21 May 2015

E-2

Enclosure E

p. Joint Staff GENADMIN, “Preparing Partner Nation Military Forces for

Deployment in Support of U.S. Led or Supported Missions”

q. Joint Publication 4.08 “Logistics in Support of Multinational Operations”

r. Deputy Secretary of Defense Delegation of Authority to Loan Personnel

Protection Equipment and Other Personnel Survivability Significant Military

Equipment to Certain Foreign Forces Under Existing Acquisition and Cross-

Servicing Agreements (ACSA), 25 February 2015

s. CJCSI 4110.01 Series, “Joint Materiel Priorities and Allocation”

CJCSI 2120.01D

21 May 2015

GL-1

Glossary

GLOSSARY

PART I-ABBREVIATIONS AND ACRONYMS

Items marked with an asterisk (*) have definitions in PART II

ACSA Acquisition and Cross-Servicing Agreement

AGATRS ACSA Global Automated Tracking and Reporting System

AOA Acquisition-Only Authority

AOR Area of Responsibility

CCMD Combatant Command

CJCS Chairman of the Joint Chiefs of Staff

CONS Coalition Operational Needs Statement

DepSecDef Deputy Secretary of Defense

DFARS Defense Federal Acquisition Regulation Supplement

DFAS Defense Finance and Accounting Service

DLA Energy Defense Logistics Agency Energy

DoD Department of Defense

DoDD Department of Defense Directive

DoS Department of State

DSCA Defense Security Cooperation Agency

DTSA Defense Technology Security Administration

EVE Equal-Value-Exchange

FAR Federal Acquisition Regulation

FM Financial Manager

FMS Foreign Military Sales

IA Implementing Arrangement

JKO Joint Knowledge On-Line

LSSS Logistic Support, Supplies, and Services

NATO North Atlantic Treaty Organization

NDAA National Defense Authorization Act

OSD Office of the Secretary of Defense

OUSD(AT&L/IC) Office of the Under Secretary of Defense for Acquisition,

Technology, and Logistics/Office of the Director,

International Cooperation

CJCSI 2120.01D

21 May 2015

GL-2

Glossary

PDF Portable Document Format (Adobe Acrobat)

PIK Payment-In-Kind

PM Program Manager

POC Point of Contact

POL Petroleum, Oil, and Lubricants

RIK Replacement-In-Kind

SME Significant Military Equipment

TWCF Transportation Working Capital Fund

UN United Nations

U.S.C. United States Code

USTRANSCOM United States Transportation Command

CJCSI 2120.01D

21 May 2015

GL-3

Glossary

PART II – TERMS AND DEFINITIONS

acquisition-only authority agreement. A legal instrument (other than a

contract) entered into under the authority of title 10, U.S.C. Chapter 138,

section 2341, to acquire logistic support, supplies, and services from eligible

foreign countries and international organizations. An acquisition-only

agreement is an international agreement under reference c. (DoDD 2010.9)

acquisition and cross-servicing agreement. See definition for cross-servicing

agreement. An acquisition and cross-servicing agreement is an international

agreement under reference c.

acquisition and cross-servicing agreement authorities. For the purposes of this

instruction, the legal authorities conferred under reference a.

Acquisition and Cross-Servicing Agreement (ACSA) Global Automated Tracking

and Reporting System (AGATRS). The DoD system of record for the Office of

the Secretary of Defense, Joint Staff, CCMDs, and Services to manage ACSA

transactions for logistics support, supplies, and services (LSSS). This system

also serves as the worldwide library for ACSAs and their associated

implementing arrangements (IAs). AGATRS is an unclassified, web-based

system that provides a worldwide cradle-to-grave automated means of building,

tracking, and managing ACSA transactions; associated IAs; and subsequent

orders for LSSS throughout their life cycle.

CCMD. A unified or specified command with a broad continuing mission under

a single commander established and so designated by the President, through

the Secretary of Defense and with the advice and assistance of the Chairman of

the Joint Chiefs of Staff. CCMDs typically have geographic or functional

responsibilities. (reference o, Joint Pub 1-02)

cross-servicing agreement. A legal instrument entered into under the authority

of title 10, U.S.C., section 2342, that authorizes the reciprocal provision of

logistic support, supplies, and services. A cross-servicing agreement may also

be referred to as a mutual logistics support agreement or an acquisition and

cross-servicing agreement. A cross-servicing agreement is an international

agreement under reference c. (DoDD 2010.9)

DoD components. The Office of the Secretary of Defense, the Military

Departments, the organization of the Joint Chiefs of Staff, the CCMDs, the

Inspector General, Department of Defense, the DoD field activities, and the

Defense Agencies. (DoDD 2010.9)

implementing arrangement. A supplementary arrangement that prescribes

details, terms, and conditions to implement cross-servicing agreements

effectively. While implementing arrangements may normally be more detailed

CJCSI 2120.01D

21 May 2015

GL-4

Glossary

in terms of defined levels of activity than cross-servicing agreements

themselves, they must be completely consistent with associated cross-servicing

agreements and DoDD 2010.9 (reference c). Implementing arrangements that

do not involve the obligation of funds may extend for an indefinite period of

time. An implementing arrangement is an international agreement under

reference c. (DoDD 2010.9)

logistic support, supplies, and services. Food, water, billeting, transportation

(including airlift), petroleum, oils, lubricants, clothing, communications

services, medical services, ammunition, base operations support (and

construction incident to base operations support), storage services, use of

facilities, training services, spare parts and components, repair and

maintenance services, calibration services, and air and seaport services. The

term also includes temporary use (lease or loan) of general purpose vehicles

and other non-lethal items of military equipment that are not designated as

significant military equipment on the U.S. Munitions List promulgated

pursuant to title 22, U.S.C., section 2778(a)(1). (title 10, U.S.C,. section

2350(1))

major end item. Final combinations of items that are ready (assembled) for

intended use; e.g., vehicles, self-propelled artillery pieces, missile launchers,

and major weapons systems. Major end items are further divided into

subclasses of air, ground, support material, administrative vehicles,

electronics, tactical vehicles, missiles, weapons, special weapons, industrial

material, and aircraft engines. (DoDD 2010.9)

military forces. Agencies or organizations of a government providing armed

forces that operate according to the methods, laws, and customs of war,

established by an act of the government, in which persons are appointed,

enlisted, or inducted for military service and that operate and are administered

within a military or executive department. (DoDD 2010.9)

mutual logistics support agreement. See definition for cross-servicing

agreement. A mutual logistic support agreement is an international agreement

under reference c.

order. A written request, in an agreed-upon format and signed by an

authorized individual, for the provision of specific logistic support, supplies,

and services pursuant to an acquisition and cross-servicing agreement,

acquisition only authority agreement, or implementing arrangement. (Text

from approved ACSA/AOA templates)

Service component command. A command consisting of the Service

component commander and all those Service forces, such as individuals, units,

detachments, organizations, and installations under that command, including

CJCSI 2120.01D

21 May 2015

GL-5

Glossary

the support forces that have been assigned to a CCMD or further assigned to a

subordinate unified command or joint task force. (Joint Pub 1-02)

subordinate unified or subunified command. A command established by

commanders of unified commands, when so authorized through the Chairman

of the Joint Chiefs of Staff, to conduct operations on a continuing basis in

accordance with the criteria set forth for unified commands. A subordinate

unified command may be established on an area or functional basis.

Commanders of subordinate unified commands have functions and

responsibilities similar to those of the commanders of unified commands and

exercise operational control of assigned commands and forces within the

assigned operational area. (Joint Pub 1-02)

transfer. Selling (whether for payment in currency, replacement-in-kind, or

exchange of supplies or services of equal value), leasing, loaning, or otherwise

temporarily providing logistic support, supplies, and services pursuant to an

acquisition and cross-servicing agreement, acquisition only authority

agreement, or implementing arrangement. (Text from approved ACSA/AOA

templates)

CJCSI 2120.01D

21 May 2015

GL-6

Glossary

(INTENTIONALLY BLANK)