32 CFR 165.4 - Policy.
It is DoD policy that:
(a) The NC recoupment charge shall be imposed for sales of major defense equipment only as required by an Act of Congress. The USD(P), through the Defense Security Cooperation Agency, may grant a waiver to recoupment charges in accordance with in accordance with this part and DoD Directive 5105.65.” 2
2 Available at http://www.dtic.mil/whs/directives/corres/pdf/510565p.pdf.
(b) The NC charges shall be based on the amount of the Department of Defense nonrecurring investment in an item.