International Students in Practice · 3 of 4
Unauthorized absence, cancellation and sanctions
In short
- There is no requirement to wait 24 hours before declaring an absence.
- Some dedicated courses carry a 100 percent cancellation penalty.
- The Brooke Amendment affects both IMET and Foreign Military Financing.
1. Two things that end training early
Training for an international military student can stop before the course ends for two very different reasons. The student may leave without authorization, which the Security Assistance Management Manual treats as a security matter (SAMM C10.19). Or the course may be canceled or suspended, by the country, by the United States or by sanctions, which is mainly a financial matter (SAMM C10.15). This piece covers both. How a student is screened before training is covered in screening an international military student.
2. Deciding a student is absent
Once the International Military Student Office (IMSO) verifies that a student is absent from scheduled activities without authorization, the student is in unauthorized absence status (SAMM C10.19.1). There is no Defense Department requirement to wait 24 hours before deciding. The manual treats every such student as a potential threat to national security, so prompt notice matters, but a high degree of certainty is required first. The IMSO checks the records carefully to rule out a misunderstood schedule, illness or another plausible reason (SAMM C10.19.2). If the student disappears while traveling between training sites, the office at the last installation reports, after checking with the next one (SAMM C10.19.1.1).
3. Who is told
The IMSO notifies the Department of Homeland Security’s Immigration and Customs Enforcement, the military department’s training and country program managers, the combatant command training office and the Defense Security Cooperation University (SAMM C10.19.2.1). The manual lists the information to send, from identity and travel documents to last known location and training details. The IMSO also has the student’s identification card canceled, has pay stopped through the finance office and lodging service canceled, and enters the status in the training systems (SAMM C10.19.2.2 to SAMM C10.19.2.5).
The installation’s staff judge advocate is told, because consular notification rules apply if the student is later arrested (SAMM C10.19.2.6). The security cooperation organization (SCO) is asked to obtain the defense ministry’s instructions for the student’s belongings, and shipping costs are charged to the student’s funding line (SAMM C10.19.2.7). If the student comes back or is detained, every organization is told, and the military department and the University decide what happens to a student who returns (SAMM C10.19.2.1.1 and SAMM C10.19.3.4).
The military department forwards the information to the SCO, the combatant command and the University, and notifies its criminal investigative organization (SAMM C10.19.3.1 and SAMM C10.19.3.2). Its headquarters signs a declaration of unauthorized absence to Immigration and Customs Enforcement (SAMM C10.19.3.3). The SCO amends the travel order to cancel all training and authorizations, including for dependents, and ends Defense Department sponsorship (SAMM C10.19.4.1). After the last end date of the training track, it enters an absence message in the training management system (SAMM C10.19.4.4). It also informs the embassy consular section that issued the visa and the student’s defense ministry (SAMM C10.19.4.2 and SAMM C10.19.4.3). The University sends the information to Homeland Security and other offices, tells the country’s defense attache through the Defense Security Cooperation Agency (DSCA), and keeps a status list in an interagency working group (SAMM C10.19.5).
4. Charges for cancellation
Canceling a place costs the country money unless someone else fills it (SAMM C10.15.1). For certain dedicated all-international courses and contract courses, the penalty is 100 percent. For other courses, a request to cancel or reschedule less than 60 days before the start is charged 50 percent to the country’s International Military Education and Training (IMET) program, other grant program or sales case. The implementing agencies review the penalties every year, and each penalized training line is marked with a forfeiture code. A student who does not complete a course also costs the country a proportionate share of tuition. Late cancellations of English language training lines at the Defense Language Institute English Language Center are charged too, whatever the line’s funding status (SAMM C10.15.1.1).
The penalty does not apply when the United States causes the cancellation, for example through a continuing resolution, sanctions or a rescheduled class (SAMM C10.15.1.2). Nor does it apply for unavoidable events in the country, such as a national disaster, or when the place is used by the United States or another country. If DSCA asks the agencies not to cancel within 60 days in expectation of continuing resolution funds, the IMET program is still charged 50 percent unless the place is filled.
5. Sanctions for loan default
Two sanctions tied to loan default affect training (SAMM C10.15.2). Section 620(q) of the Foreign Assistance Act applies when a country is more than six calendar months in default on principal or interest on a loan under that Act. It does not affect Foreign Military Financing. The Brooke Amendment, carried in each year’s foreign operations appropriations act, applies after more than one calendar year of default on loans under programs funded by that act. It does affect Foreign Military Financing, and IMET is affected by both. The State Department tells the University when either takes effect or is lifted or waived.
Under the Brooke Amendment, an IMET course begins on the report date in the country’s training list (SAMM C10.15.2.1). A student may start if the course costs were obligated before the sanction took effect, and may not if they were not. Students kept out may be considered for late admission or a later course once sanctions are lifted. Under sanctions, IMET mobile training teams and language detachments may not be sent or extended, and IMET training aids may not be issued or contracted (SAMM C10.15.2.1.1 and SAMM C10.15.2.1.2).
Key terms
| Unauthorized absence | The status of a student verified as absent without authorization, also called absent without leave. |
|---|---|
| IMSO | The International Military Student Office at a school, which verifies and reports an absence. |
| Cancellation penalty | A charge of 100 or 50 percent for a canceled place that no one else fills. |
| Section 620(q) | A sanction after six months of loan default that does not affect Foreign Military Financing. |
| Brooke Amendment | A sanction after a year of loan default that affects Foreign Military Financing and IMET. |
| Forfeiture code | The code on a training line showing that a cancellation penalty was charged. |
Every statement above links to the document behind it. The full source list for this piece is on the sources page.
This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.
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