Foreign Military Sales:

Use of FMS in Proposed Commercial Sale of Airborne Self Protection Jammer

NSIAD-94-202: Published: Jun 16, 1994. Publicly Released: Jun 17, 1994.

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Pursuant to a congressional request, GAO provided information on proposed commercial sales of the Airborne Self Protection Jammer (ASPJ) to foreign governments, focusing on: (1) whether the Department of Defense (DOD) violated its foreign military sales (FMS) approval policy when it authorized the sale of ASPJ system software; (2) whether DOD accurately portrayed its decision to provide FMS support to the ASPJ sale; (3) whether DOD adequately addressed U.S. liability and national security concerns in its decision to sell ASPJ software and services; (4) why foreign governments are still interested in purchasing ASPJ systems; and (5) what ASPJ test results DOD provided to prospective foreign buyers.

GAO found that: (1) the DOD decision to permit the sale of ASPJ software did not violate its FMS approval policy, since it was based on national security and technical concerns; (2) DOD approval of the sale was not totally consistent with its congressional correspondence on the ASPJ software sale; (3) the proposed sale did not raise any U.S. financial liability or national security concerns, but it may result in contract dispute resolution problems, since foreign governments intend to look to the United States instead of the contractor for relief in cases of system nonconformance; (4) foreign governments are still interested in procuring ASPJ because it will meet each country's operational needs if it performs as designed, DOD will provide life-cycle software support services, and ASPJ is close to being fully integrated on F-18 aircraft; and (5) some countries have not received all requested information on ASPJ operational testing results.

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