(a) Procedures for the three categories of EUCs established in Sec. 205.4(c) are:
(1) Category I. Secretaries of the Military Departments and Directors of Defense Agencies may authorize Category I EUCs.
(2) Category II. Not less than 21 calendar days before authorizing the execution of a Category II EUC, Military Departments and Defense Agencies shall provide notification to the USD(A). The notification will contain a description of the item and the limitations to be imposed by the exporting government. The USD(A) shall coordinate with the USD(P), providing at least 14 days for review. If appropriate, the USD(P) shall coordinate with the Department of State. The USD(A) shall notify the submitting DoD Component of any further action required before final authorization of the EUC; otherwise, concurrence may be assumed after expiration of the 21-day period.
(3) Category III. To acquire an item requiring a Category III EUC, the Secretary of a Military Department or Director of a Defense Agency must request a waiver from the USD(A). Requests for waivers should specify:
(i) Why it is in the interest of the U.S. Government to procure the item.
(ii) The limitations to be imposed by the exporting government and a justification for acceptance of those limitations by the U.S. Government.
(iii) A statement that no satisfactory alternative to the item, considering cost, schedule, or operational requirements, is available from domestic or foreign sources without equivalent limitations. The USD(A) shall coordinate the waiver with the USD(P), who, if appropriate, shall then coordinate with the Department of State. USD(A) shall notify the submitting DoD Component of the results.
(b) Copies of signed EUCs of all three categories shall be provided promptly to USD(A).
(c) A record of any waivers or modifications of this policy shall be maintained by the USD(A).