SUBPART 25.8 - Overseas Workers Compensation and War Hazard Insurance
25.802-71 (90) [CH36]End Use Certificates (EUCs)
(b) Requests to HQ DLA for EUCs shall show coordination through appropriate local command levels to include supply/demand planning, local Office of Counsel, the HCA or equivalent, and be signed by the Commander/Director. Requests for Category I or Category II EUC authorization; or a waiver for Category III will include:
* Memorandum to J-7 requesting authorization of the Category I or Category II
EUC; or a memorandum requesting a Category III waiver from the OUSD,
* Executive Summary,
* Draft Category I or II EUC for Director, DLA to approve, or
* Draft Category III waiver request for Director, DLA to approve
J-72 will process EUC requests or waivers and coordinate within HQ to include J-3/4, DG, and J-71. J-71 will provide copies of signed EUCs in any of the categories to the appropriate office within OUSD.
(e) Category I EUCs. See sample format, category1EUC.doc[CH37]
(1) The Director, DLA may authorize and sign a Category I EUC, or authorize the Category I EUC and then delegate signature to the Component Acquisition Executive to sign the individual EUC.
(f) Category II EUCs. See sample format, categoryIIEUC.doc[CH38]
(1) Category II EUCs are sent to OUSD(AT&L), who will notify DLA HQ of any further action required before final authorization of the EUC; otherwise, concurrence can be assumed after expiration of the 21 day period. After the 21 day period or receipt of concurrence by OUSD(AT&L), whichever comes first, the DLA Director may authorize and sign the “Declaration of End Use” or authorize execution of the individual EUC and then delegate signature to the Component Acquisition Executive.
(g) Category III EUCs. See sample format, categoryIIIEUC.doc[CH39]
(1) OUSD may likely specify that the agency establish procedures to ensure that any possible transfer of the equipment does not occur without obtaining prior approval from the country that requested the EUC. It is mandatory that field activities discuss how these restrictions on possible transfer will be met in the Memorandum to J-7 requesting the waiver and in the Executive Summary. For example, the supply chain/contracting activity could prescribe mandatory labeling, training of customers, and/or certifications from requiring activities, that would make a prior approval requirement highly visible to the customer. If DLA cannot ensure that there is a process in place for this, OUSD may not approve the waiver and/or the Director, DLA may not authorize the EUC.
(2) As specified in 6.1.3, Category III, of the DOD Directive, 2040.3, End Use Certificates, the requests for waiver shall address the following:
(i) The reason(s) that it is in the best interests 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.
(3) Once the waiver is approved, J-72 will prepare the Category III EUC for approval by the DLA Director who may sign or direct the Component Acquisition Executive to sign the individual EUC.