US Code

Public Law 119-83 (04/13/2026)

10 U.S.C. § 4659

Prohibition on contracting with entities that comply with the secondary Arab boycott of Israel

(a)

Policy .—

1
1 See References in Text note below.
50 U.S.C. 4602(5)(A)Under section 3(5)(A)  of the Export Administration Act of 1979 (), it is the policy of the United States to oppose restrictive trade practices or boycotts fostered or imposed by foreign countries against other countries friendly to the United States or against any other United States person.
(b)

Prohibition .—

(1)
section 134 of title 41 Consistent with the policy referred to in subsection (a), the Department of Defense may not award a contract for an amount in excess of the simplified acquisition threshold (as defined in ) to a foreign entity unless that entity certifies to the Secretary of Defense that it does not comply with the secondary Arab boycott of Israel.
(2)
In paragraph (1), the term “foreign entity” means a foreign person, a foreign company, or any other foreign entity.
(c)

Waiver Authority .—

The Secretary of Defense may waive the prohibition in subsection (b) in specific instances when the Secretary determines that the waiver is necessary in the national security interests of the United States.
(d)

Exceptions .—

Subsection (b) does not apply—
(1)
to contracts for consumable supplies, provisions, or services that are intended to be used for the support of United States forces or of allied forces in a foreign country; or
(2)
to contracts pertaining to the use of any equipment, technology, data, or services for intelligence or classified purposes by the United States Government in the interests of national security or to the acquisition or lease of any such equipment, technology, data, or services by the United States Government in the interests of national security.

Pub. L. 102–484, div. A, title XIII, § 1332(a)106 Stat. 2555 Pub. L. 111–350124 Stat. 3841 Pub. L. 114–328, div. A, title X, § 1081(b)(3)(D)130 Stat. 2419 Pub. L. 115–91, div. A, title X, § 1051(a)(16)131 Stat. 1561 Pub. L. 116–283, div. A, title XVIII, § 1862(b)134 Stat. 4277 (Added , , , § 2410i; amended , §§ 4, 5(b)(31), , , 3845; , , ; , , ; renumbered § 4659, , , .)

Editorial Notes

References in Text

50 U.S.C. 4602(5)(A)Pub. L. 115–232, div. A, title XVII, § 1766(a)132 Stat. 2232 Section 3(5)(A) of the Export Administration Act of 1979 (), referred to in subsec. (a), was repealed by , , .

Amendments

Pub. L. 116–283section 2410i of this title2021— renumbered as this section.

Pub. L. 115–912017—Subsec. (c). struck out at end “Within 15 days after the end of each fiscal year, the Secretary shall submit to Congress a report identifying each contract for which a waiver was granted under this subsection during that fiscal year.”

Pub. L. 114–32850 U.S.C. 4602(5)(A)2016—Subsec. (a). substituted “()” for “(50 U.S.C. App. 2402(5)(A))”.

Pub. L. 111–350section 134 of title 4141 U.S.C. 403(11)2011—Subsec. (b)(1). substituted “simplified acquisition threshold (as defined in )” for “small purchase threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act ())”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleAmendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .