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c) The State/LEA will maintain and enforce regulations designed to impose adequate security and <br />accountability measures for controlled property to mitigate the risk of loss or theft of property. Program <br />participants shall implement controls to ensure properry made available under this agreement is used for <br />official law enforcement use only. The State/LEA shall take appropriate administrative and./or disciplinary <br />action against individuals that violate provisions of the Memorardum of Agreement (MOA) between the <br />Federal Govemment and the State/U.S. Tenitory and/or this SPO, including unauthorieed use of property. <br />d) All property transferred to the State/LEA via the program is on an as-is, where-is basis. <br />e) LESO resewes the rigbt to recall property issued to a StatelLEA at any time. <br />f) Geaeral use of definitions/terrns; <br />i) Demilitarization {DEMIL code)-a code assigned to DoD property that indicates the degree of required <br />physical destnrction" identifies items requiring specialized capabilities orprocedurss, arrd identifies items <br />which do not require DEMIL but may require Trade Seeurity Confrols (TSC). Program participants are <br />not authorized to conduct physical demilitarization of properfy. <br />ii) "Controlled property"-items with a DEMIL code of B, C, D, E, F, G, and Q (with an Integrity Code <br />of *3". Title and owuership of contolled properry remains with the DoD in perpetuity and will not be <br />relinquished to the State/LEA, When a StatelLEA no longer has a legitimate law enforcement use for <br />contolled property, they shall notif the LESO and the property will be transferred to another program <br />participating State/LEA (via standard transfer process) or returned to DLA Disp Svcs for disposition. <br />iii)'T.Ion-controlled" properfr"-items with a DEMIL code of A or Q (with an Integnty Code of "6')" <br />These items are conditionally fansferred to the StatelLEA and will remain on State/LEA accountable <br />inventory for one year from the ship date. However, after one year frorn the ship date, DLA will relinquish <br />ownership and title for the property to the StatelLEA without issuance of further documentation, During <br />this one year period, the State/LEA remains responsible for the accountability and physical control of the <br />properly and the LESO retains the right to recall the property. Participants should retua any $operry in <br />this one year period that becomes excess to their needs or they otherwise determine is not serviceable. <br />(1) The LEA receives title and ownership of DEMIL "A" and "Q6" property as governmental <br />entities. Title and ownership of this property does not pass &om DoD to any private individual or <br />StatelLEA official in their private capacity. Such property shall be maintained and ultimately <br />disposed of IAW provisions in State and local laws that govern public property. <br />(2) Sales/gifting of DEMIL"A" and "Q6" property after one year frorn the ship date inconsistent with <br />State/local law may constitute grounds to deny future participation in the program. <br />(3) After one year from ship date, DEMIL "A" and "Q6" property may be transferred, cannibalized <br />for usable parts, sold, donated, or scrapped. <br />(4) Once the property is no longer on the LEA accountable inventory, the property is no longer <br />zubject to the annual physical inventory requirements and rvill not be inventoried during a LESO <br />Program Compliance Review (PCR). <br />g) All physical hansfers of property require LESO approval, Progarn participants will not physically transfer <br />property until the LESO approval process is complete. Program participants may request their SC/SPOC <br />approval to temporarily conditionally loan properly to another program participant (if mission requires). If the <br />SC/SPOC approves the temporary conditional loan, it shall be done using an acceptable Equiprnent Custody <br />Rcceipt (ECR}. At the end ofthe temporary conditional loan, the item (s) shall be refirmed to the original LEA <br />for accountability. All requests for conditional loans will be based on bona fide law enforcement requirements. <br />Page? of 12 Yersion-February 2021