text: Legal Considerations
  General Prohibition on Assistance to Police
  4-13. Historically, the DOD is not the lead government department for assisting foreign governments. The
  DOS is the lead when U.S. forces provide security assistance—military training, equipment, and defense
  articles and services to host-nation governments. The Foreign Assistance Act of 1961 specifically prohibits
  assistance to foreign police, prison, or other law enforcement forces except within specific exceptions and
  under a Presidential directive. When providing assistance to training, the DOS provides the lead role in
  criminal justice, police, and corrections assistance through its Bureau of International Narcotics and Law
  Enforcement Affairs. The President, however, may delegate this role to other agencies as required.
  Authority for Training and Equipping Foreign Forces
  4-14. 22 USC authorizes the transfer of defense articles and services (including training) by the USG to
  friendly foreign countries in furtherance of the security objectives of the United States and in consonance
  with the principles of the United Nations Charter. All training and equipping of FSF is specifically authorized.
  U.S. laws require Congress to authorize expenditures for training and equipping foreign forces. The laws of
  the United States also require the DOS to verify that the host nation receiving the assistance is not in violation
  of human rights. Usually, DOD involvement is limited to a precise level of staffing and materiel requested
  from the DOS under the Foreign Assistance Act of 1961.
  4-15. Defense articles and services shall be furnished or sold solely for internal security, legitimate self-
  defense, preventing or hindering the proliferation of weapons of mass destruction and the means of delivering
  such weapons, permitting the recipient country to participate in regional or collective arrangements consistent
  with the United Nations Charter, or supporting economic and social development activities by foreign
  military forces in less developed countries. As such, all training and equipping of FSF must be specifically
  authorized. The President may authorize deployed U.S. forces to train or advise host-nation security forces
  as part of the mission in accordance with the provisions of the War Powers Act and other U.S. law.
  Consultation with a staff judge advocate or legal advisor early in the mission planning process will help
  commanders ensure that any planned effort to train or equip foreign forces are funded and executed in a
  manner consistent with the law.
  Authority for Foreign Internal Defense
  4-16. Without receiving a deployment or execution order from the President or Secretary of Defense, U.S.
  forces may be authorized to make only limited contributions during operations that involve foreign internal
  defense. If the Secretary of State requests and the Secretary of Defense approves, U.S. forces can participate
  in foreign internal defense. The request and approval go through standing statutory authorities in 22 USC.
  Title 22 contains the Foreign Assistance Act, the Arms Export Control Act, and other laws. It authorizes
  security assistance, developmental assistance, and other forms of bilateral aid. The request and approval
  might also occur under various provisions in 10 USC.
  4-17. 10 USC authorizes military-to-military contacts, exchanges, exercises, and limited forms of
  humanitarian and civic assistance are planned and executed in coordination with the U.S. ambassador to the
  host nation. In such situations, U.S. forces work as administrative and technical personnel as part of the U.S.
  diplomatic mission pursuant to a status of forces agreement or pursuant to an exchange of letters with the
  host nation. This cooperation and assistance is limited to liaison, contacts, training, equipping, and providing
  defense articles and services. It does not include direct involvement in operations. Assistance to foreign police
  forces by U.S. forces is permitted but not with the DOD as the lead government department.
  4-18. Foreign internal defense is a legislatively directed operation and is defined as participation by civilian
  agencies and military forces of a government or international organizations in any of the programs and
  activities undertaken by a host nation government to free and protect its society from subversion, lawlessness,
  insurgency, terrorism, and other threats to its security (JP 3-22). Foreign internal defense is one of the listed
  special operations activities under the purview of the commander of the Special Operations Command per
  10 USC 167.