The Study on the Document of Letter of Offer and Acceptance in U.S. Foreign Military Sales

• Main Authors: Liu Shih-Hsing, 劉世興
• Other Authors: Kirk Ko-Kuang Tang
• Format: Others
• Language: zh-TW
• Published: 2002
• Online Access: http://ndltd.ncl.edu.tw/handle/57043217330341798236

碩士 === 國防管理學院 === 法律研究所 === 90 === The Letter of Offer and Acceptance（LOA） is the authorized document for use by the United States Government（USG） to offer to sell defense articles and defense services to the foreign countries or international organizations. The LOA is the Standard Form Contract of the Foreign Military Sales （FMS） for the nations around the world to purchase weaponries from U.S. The contents of LOA separate three sections; " Text "," Supplement Information ", and " Standard Terms And Conditions （T&C）". The T&C of LOA are the mode clauses. Its principal purpose is to stipulate rights and obligations for contracting parties. And it is the core of the FMS contract. Trying to understand the arrangement of clauses in T&C of LOA and to probe into the basic spirit of LOA. The author tries to compare the clauses and to find out the different between the T&C of LOA and the general international commercial contracts by way of the legal principle. Finally, generalizing a conclusion from this study is that the clauses of T&C are designed to exempt U.S. government from all duties of FMS contracts. According to this design, the U.S government is no risk and the risk of FMS transfer to the buying government.