22 U.S.C. § 2751 | Need for international defense cooperation…

22 U.S.C. 2551As declared by the Congress in the Arms Control and Disarmament Act [ et seq.], an ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races.

The Congress recognizes, however, that the United States and other free and independent countries continue to have valid requirements for effective and mutually beneficial defense relationships in order to maintain and foster the environment of international peace and security essential to social, economic, and political progress. Because of the growing cost and complexity of defense equipment, it is increasingly difficult and uneconomic for any country, particularly a developing country, to fill all of its legitimate defense requirements from its own design and production base. The need for international defense cooperation among the United States and those friendly countries to which it is allied by mutual defense treaties is especially important, since the effectiveness of their armed forces to act in concert to deter or defeat aggression is directly related to the operational compatibility of their defense equipment.

Accordingly, it remains the policy of the United States to facilitate the common defense by entering into international arrangements with friendly countries which further the objective of applying agreed resources of each country to programs and projects of cooperative exchange of data, research, development, production, procurement, and logistics support to achieve specific national defense requirements and objectives of mutual concern. To this end, this chapter authorizes sales by the United States Government to friendly countries having sufficient wealth to maintain and equip their own military forces at adequate strength, or to assume progressively larger shares of the costs thereof, without undue burden to their economies, in accordance with the restraints and control measures specified herein and in furtherance of the security objectives of the United States and of the purposes and principles of the United Nations Charter.

22 U.S.C. 2151It is the sense of the Congress that all such sales be approved only when they are consistent with the foreign policy interests of the United States, the purposes of the foreign assistance program of the United States as embodied in the Foreign Assistance Act of 1961, as amended [ et seq.], the extent and character of the military requirement, and the economic and financial capability of the recipient country, with particular regard being given, where appropriate, to proper balance among such sales, grant military assistance, and economic assistance as well as to the impact of the sales on programs of social and economic development and on existing or incipient arms races.

It shall be the policy of the United States to exert leadership in the world community to bring about arrangements for reducing the international trade in implements of war and to lessen the danger of outbreak of regional conflict and the burdens of armaments. United States programs for or procedures governing the export, sale, and grant of defense articles and defense services to foreign countries and international organizations shall be administered in a manner which will carry out this policy.

It is the sense of the Congress that the President should seek to initiate multilateral discussions for the purpose of reaching agreements among the principal arms suppliers and arms purchasers and other countries with respect to the control of the international trade in armaments. It is further the sense of Congress that the President should work actively with all nations to check and control the international sale and distribution of conventional weapons of death and destruction and to encourage regional arms control arrangements. In furtherance of this policy, the President should undertake a concerted effort to convene an international conference of major arms-supplying and arms-purchasing nations which shall consider measures to limit conventional arms transfers in the interest of international peace and stability.

It is the sense of the Congress that the aggregate value of defense articles and defense services—

section 2762 of this title(1) which are sold under section 2761 or ; or

section 2778 of this title(2) which are licensed or approved for export under to, for the use, or for benefit of the armed forces, police, intelligence, or other internal security forces of a foreign country or international organization under a commercial sales contract;

in any fiscal year should not exceed current levels.

It is the sense of the Congress that the President maintain adherence to a policy of restraint in conventional arms transfers and that, in implementing this policy worldwide, a balanced approach should be taken and full regard given to the security interests of the United States in all regions of the world and that particular attention should be paid to controlling the flow of conventional arms to the nations of the developing world. To this end, the President is encouraged to continue discussions with other arms suppliers in order to restrain the flow of conventional arms to less developed countries.

Pub. L. 90–629Oct. 22, 196882 Stat. 1321 Pub. L. 91–672, § 4Jan. 12, 197184 Stat. 2053 Pub. L. 93–189, § 25(1)Dec. 17, 197387 Stat. 729 Pub. L. 94–329, title II, § 202June 30, 197690 Stat. 734 Pub. L. 95–384Sept. 26, 197892 Stat. 739 Pub. L. 97–113, title VII, § 734(a)(10)Dec. 29, 198195 Stat. 1560 (, ch. 1, § 1, , ; , , ; , , ; , formerly § 202(a), , , renumbered and amended , §§ 15(a), 29(c)(1)(A), , , 747; , , .)

Editorial Notes

References in Text

Pub. L. 87–297Sept. 26, 196175 Stat. 631 section 2551 of this titleThe Arms Control and Disarmament Act, referred to in text, is , , , which is classified generally to chapter 35 (§ 2551 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under , and Tables.

Pub. L. 90–629Oct. 22, 196882 Stat. 1321 This chapter, referred to in text, was in the original “this Act”, meaning , , , which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables.

Pub. L. 87–195Sept. 4, 196175 Stat. 424 section 2151 of this titleThe Foreign Assistance Act of 1961, as amended, referred to in text, is , , , which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 97–1131981— struck out paragraph which provided that it was the sense of Congress that sales and guaranties under sections 2761, 2762, 2763, and 2764 of this title not be approved where they would have had the effect of arming military dictators who were denying the growth of fundamental rights or social progress to their own people but allowing the President to waive this limitation when he determined it would be important to the security of the United States, and promptly so reported to the Speaker of the House of Representatives and the Committee on Foreign Relations in the Senate.

Pub. L. 95–384, § 15(a)1978—, inserted paragraph relating to adherence to a policy of restraint in conventional arms transfer.

Pub. L. 94–3291976— substituted in last paragraph provision relating to a new statement of policy whereby the United States shall exert leadership in the reduction of international trade in arms, and in that regard, the President to initiate discussions and actively work with other nations with a view towards control of international trade in arms, for provisions relating to a reduction in the role of the United States in furnishing of defense articles and defense services to foreign countries and international organizations by decreasing sales, credit sales and guarantees of such articles and services.

Pub. L. 93–1891973— inserted last paragraph relating to a reduction by the United States in the furnishing of defense articles and defense services to foreign countries.

Pub. L. 91–6721971— substituted “denying the growth of fundamental rights or social progress” for “denying social progress” in last par.

Statutory Notes and Related Subsidiaries

Short Title of 2025 Amendment

Pub. L. 119–60, div. A, title X, § 1085(a)Dec. 18, 2025139 Stat. 1054

section 2778 of this title section 2778 of this title“This section [amending and enacting provisions set out as a note under ] may be cited as the ‘AUKUS Improvement Act of 2025’.”

, , , provided that:

References to Foreign Military Sales Act Deemed Reference to Arms Export Control Act

Pub. L. 94–329, title II, § 201(b)June 30, 197690 Stat. 734

“Any reference to the Foreign Military Sales Act [see Short Title note below] shall be deemed to be a reference to the Arms Export Control Act.”

, , , provided that:

References to Present Instead of Past Provisions; Specific Application of Other Provisions to This Chapter

Pub. L. 90–629Oct. 22, 196882 Stat. 1327

Oct. 22, 1968section 2793 of this title“References in law to the provisions of law repealed by subsection (a) of this section [repealing sections 2341 to 2343, 2344(b)(3), 2345, 2394(g), and 2399a of this title] shall hereafter [on and after ] be deemed to be references to this Act [this chapter] or appropriate provisions of this Act. Except for the laws specified in section 44 [], no other provision of law shall be deemed to apply to this Act unless it refers specifically to this Act or refers generally to sales of defense articles and defense services under any Act.”

, ch. 4, § 45(c), , , provided that:

Effective Date

Pub. L. 90–629Oct. 22, 196882 Stat. 1326

section 2341 of this titleJuly 1, 1968“This Act [enacting this chapter, amending sections 2344, 2382, 2392, 2394, and 2403 of this title, repealing sections 2341 to 2343, 2345, and 2399a of this title, and enacting provisions set out as notes under this section and ] shall take effect on .”

, ch. 4, § 41, , , provided that:

Short Title of 2016 Amendment

Pub. L. 114–123, § 1Feb. 18, 2016130 Stat. 117

section 2753 of this title“This Act [enacting provisions set out as a note under ] may be cited as the ‘United States-Jordan Defense Cooperation Act of 2015’.”

, , , provided that:

Short Title of 2010 Amendment

Pub. L. 111–266, § 1Oct. 8, 2010124 Stat. 2797

section 2778 of this title“This Act [amending sections 2321h, 2753, 2755, 2761, 2765, 2776, 2778, 2779, 2779a, 2796a, and 2796b of this title and enacting provisions set out as notes under this section and ] may be cited as the ‘Security Cooperation Act of 2010’.”

, , , provided that:

Pub. L. 111–266, title I, § 101Oct. 8, 2010124 Stat. 2797

section 2778 of this title“This title [amending sections 2753, 2755, 2765, 2776, 2778, 2779, and 2779a of this title and enacting provisions set out as notes under ] may be cited as the ‘Defense Trade Cooperation Treaties Implementation Act of 2010’.”

, , , provided that:

Short Title of 1999 Amendment

Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, § 1001]Nov. 29, 1999113 Stat. 1536

section 1000(a)(7) of Pub. L. 106–113“This division [div. B of H.R. 3427 as enacted by , see Tables for classification] may be cited as the ‘Arms Control, Nonproliferation, and Security Assistance Act of 1999’.”

, , , 1501A–485, provided that:

Short Title of 1998 Amendment

Pub. L. 105–194, § 1July 14, 1998112 Stat. 627

section 2799aa–1 of this title section 2799aa–1 of this title“This Act [amending and enacting provisions set out as notes under ] may be cited as the ‘Agriculture Export Relief Act of 1998’.”

, , , provided that:

Short Title of 1991 Amendment

Pub. L. 102–228, § 1Dec. 12, 1991105 Stat. 1691

section 2551 of this title“This Act [enacting sections 2595b–1 and 2799 to 2799d of this title, amending sections 2581, 2589, 2595, and 2595c of this title, and enacting provisions set out as notes under ] may be cited as the ‘Conventional Forces in Europe Treaty Implementation Act of 1991’.”

, , , provided that:

Short Title

Pub. L. 90–629, § 1Oct. 22, 196882 Stat. 1320 Pub. L. 94–329, title II, § 201(a)June 30, 197690 Stat. 734

section 2341 of this title“That this Act [enacting this chapter, amending sections 2382, 2392, 2394, and 2403 of this title, repealing sections 2341 to 2343, 2344, 2345, 2394, and 2399 of this title, and enacting provisions set out as notes under this section and ] may be cited as the ‘Arms Export Control Act’.”

, , , as amended by , , , provided:

Advancements in Defense Cooperation Between the United States and India

Pub. L. 115–91, div. A, title XII, § 1258Dec. 12, 2017131 Stat. 1683

“(a)

In General .—

section 1292 of Pub. L. 114–328[Amended , set out as a note below.]

“(b)

Interagency Definition of India as Major Defense Partner .—

The Secretary of Defense, the Secretary of State, and the Secretary of Commerce shall jointly produce a common definition that recognizes India’s status as a ‘Major Defense Partner’ for joint use by the Department of Defense, the Department of State, and the Department of Commerce.

“(c)

Responsibility for Enhanced Cooperation.—

“(1)

Designation of responsible individual .—

Dec. 12, 2017Pub. L. 114–328Not later than 90 days after the date of the enactment of this Act [], the Secretary of Defense and the Secretary of State jointly shall make the designation required by paragraph (1)(B) of section 1292(a) of the National Defense Authorization Act for Fiscal Year 2017 [, set out as a note below].

“(2)

Additional duties .—

section 1292 of Pub. L. 114–328[Amended , set out as a note below.]

“(3)

Briefings .—

Not later than 90 days after the date of the enactment of this Act, and every year thereafter, appropriate officials of the Office of the Secretary of Defense and appropriate officials of the Department of State shall brief the appropriate committees of Congress on the actions of the Department of Defense and the Department of State, respectively, to promote defense cooperation between the United States and India and the duties specified in paragraph (1)(B) of section 1292(a) of the National Defense Authorization Act for Fiscal Year 2017 (as amended by paragraph (2) of this subsection). The requirement for briefings under this paragraph shall cease on the date of the designation of an individual pursuant to paragraph (1).

“(4)

Appropriate committees of congress defined .—

In this subsection, the term ‘appropriate committees of Congress’ means—

“(A)

the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and

“(B)

the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.”

, , , provided that:

Enhancing Defense and Security Cooperation With India

Pub. L. 114–328, div. A, title XII, § 1292Dec. 23, 2016130 Stat. 2559 Pub. L. 115–91, div. A, title XII, § 1258(a)Dec. 12, 2017131 Stat. 1683 Pub. L. 115–232, div. A, title XII, § 1266Aug. 13, 2018132 Stat. 2064

“(a)

Actions.—

“(1)

In general .—

The Secretary of Defense and Secretary of State should jointly take such actions as may be necessary to—

“(A)

recognize India’s status as a major defense partner of the United States;

“(B)

designate an individual within the executive branch who has experience in defense acquisition and technology—

“(i)

to reinforce and ensure, through interagency policy coordination, the success of the Framework for the United States-India Defense Relationship;

“(ii)

to help resolve remaining issues impeding United States-India defense trade, security cooperation, and co-production and co-development opportunities; and

“(iii)

to promote United States defense trade with India for the benefit of job creation and commercial competitiveness in the United States;

“(C)

approve and facilitate the transfer of advanced technology, consistent with United States conventional arms transfer policy, to support combined military planning with India’s military for missions such as humanitarian assistance and disaster relief, counter piracy, freedom of navigation, and maritime domain awareness missions, and to promote weapons systems interoperability;

“(D)

strengthen the effectiveness of the U.S.-India Defense Trade and Technology Initiative and the durability of the Department of Defense’s ‘India Rapid Reaction Cell’;

“(E)

collaborate with the Government of India to develop mutually agreeable mechanisms to verify the security of defense articles, defense services, and related technology, such as appropriate cyber security and end use monitoring arrangements, consistent with United States export control laws and policy, and to advance the Communications Interoperability and Security Memorandum of Agreement and The Basic Exchange and Cooperation Agreement for Geospatial Cooperation;

“(F)

promote policies that will encourage the efficient review and authorization of defense sales and exports to India;

“(G)

encourage greater government-to-government and commercial military transactions between the United States and India;

“(H)

support the development and alignment of India’s export control and procurement regimes with those of the United States and multilateral control regimes;

“(I)

continue to enhance defense and security cooperation with India in order to advance United States interests in the South Asia and greater Indo-Asia-Pacific regions, including common security, and to enhance role of United States partners and allies in the defense relationship between the United States and India;

“(J)

support joint exercises, operations, and patrols and mutual defense planning with India;

“(K)

work with representatives of the Government of the Islamic Republic of Afghanistan and the Government of India to promote stability and development in Afghanistan; and

“(L)

support such other matters with respect to defense and security cooperation with India that the Secretary of Defense or the Secretary of State consider appropriate.

“(2)

Report.—

“(A)

In general .—

Dec. 23, 2016December 31, 2021Not later than 180 days after the date of the enactment of this Act [], and annually thereafter until , the Secretary of Defense and Secretary of State shall jointly submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and House of Representatives] and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on how the United States is supporting its defense relationship with India in relation to the actions described in paragraph (1).

“(B)

Contents .—

The report shall also include—

“(i)

a forward-looking strategy with specific benchmarks for measurable progress toward enhancing India’s status as a major defense partner and defense and security cooperation with India;

“(ii)

a description of any limitations that hinder or slows [sic] progress in implementing the actions described in subparagraphs (A) through (L) of paragraph (1);

“(iii)

a description of actions India is taking, or the actions the Secretary of Defense or the Secretary of State believe India should take, to advance the relationship between the United States, including actions relating to subparagraphs (A) through (L) of paragraph (1);

“(iv)

a description of the measures that can be taken by the United States and India to improve interoperability; and

“(v)

a description of the progress made in enabling agreements between the United States and India.

“(3)

Report form .—

The report required by paragraph (2) shall be submitted in unclassified form, but may include a classified annex.

“(b)

Bilateral Coordination .—

To enhance cooperation and encourage military-to-military engagement between the United States and India, the Secretary of Defense should take appropriate actions to ensure that exchanges between senior military officers and senior civilian defense officials of the United States Government and the Government of India—

“(1)

are at a level appropriate to enhance engagement between the militaries of the two countries for threat analysis, military doctrine, force planning, mutual security interests, logistical support, intelligence, tactics, techniques and procedures, humanitarian assistance, and disaster relief;

“(2)

include exchanges of general and flag officers between the two countries;

“(3)

enhance cooperative military operations, including maritime security, counter-piracy, counter-terror cooperation, and domain awareness, in the Indo-Asia-Pacific region;

“(4)

accelerate the development of combined military planning for missions such as those identified in subsection (a)(1)(C) or in paragraph (1) of this subsection, or other missions in the national security interests of both countries; and

“(5)

solicit and recognize actions and efforts by India that would allow the United States to treat India as a major defense partner.

“(c)

Assessment Required.—

“(1)

In general .—

The Secretary of Defense and Secretary of State shall jointly, on an ongoing basis, conduct an assessment of the extent to which India possesses capabilities to support and carry out military operations of mutual interest to the United States and India, including an assessment of the defense export control regulations and policies that need appropriate modification, in recognition of India’s capabilities and its status as a major defense partner.

“(2)

Use of assessment .—

22 U.S.C. 2751The President shall ensure that the assessment described in paragraph (1) is used, consistent with United States conventional arms transfer policy, to inform the review by the United States of requests to export defense articles, defense services, or related technology to India under the Arms Export Control Act ( et seq.), and to inform any regulatory and policy adjustments that may be appropriate.”

, , , as amended by , (c)(2), , , 1684; , , , provided that:

Dec. 30, 2021section 1292(a)(2) of Pub. L. 114–328 Pub. L. 116–92 section 111 of this title[For termination, effective , of reporting requirements in , set out above, see section 1702(a), (b), of , set out as a Termination of Reporting Requirements note under .]

Registration and End-Use Monitoring of Defense Articles and Defense Services Transferred to Afghanistan and Pakistan

Pub. L. 111–84, div. A, title XII, § 1225Oct. 28, 2009123 Stat. 2523

“(a)

Program Required.—

“(1)

In general .—

The Secretary of Defense shall establish and carry out a program to provide for the registration and end-use monitoring of defense articles and defense services transferred to Afghanistan and Pakistan in accordance with the requirements under subsection (b) and to prohibit the retransfer of such defense articles and defense services without the consent of the United States. The program required under this subsection shall be limited to the transfer of defense articles and defense services—

“(A)

22 U.S.C. 2751 22 U.S.C. 2151 pursuant to authorities other than the Arms Export Control Act [ et seq.] or the Foreign Assistance Act of 1961 [ et seq.]; and

“(B)

using funds made available to the Department of Defense, including funds available pursuant to the Pakistan Counterinsurgency Fund.

“(2)

Prohibition .—

No defense articles or defense services that would be subject to the program required under this subsection may be transferred to—

“(A)

the Government of Afghanistan or any other group, organization, citizen, or resident of Afghanistan, or

“(B)

the Government of Pakistan or any other group, organization, citizen, or resident of Pakistan,

until the Secretary of Defense certifies to the specified congressional committees that the program required under this subsection has been established.

“(b)

Registration and End-use Monitoring Requirements .—

The registration and end-use monitoring requirements under this subsection shall include the following:

“(1)

A detailed record of the origin, shipping, and distribution of defense articles and defense services transferred to—

“(A)

the Government of Afghanistan and other groups, organizations, citizens, and residents of Afghanistan; and

“(B)

the Government of Pakistan and other groups, organizations, citizens, and residents of Pakistan.

“(2)

The registration of the serial numbers of all small arms to be provided to—

“(A)

the Government of Afghanistan and other groups, organizations, citizens, and residents of Afghanistan; and

“(B)

the Government of Pakistan and other groups, organizations, citizens, and residents of Pakistan.

“(3)

A program of end-use monitoring of lethal defense articles and defense services transferred to the entities and individuals described in subparagraphs (A) and (B) of paragraph (1).

“(c)

Review; Exemption.—

“(1)

Review .—

The Secretary of Defense shall periodically review the defense articles and defense services subject to the registration and end-use monitoring requirements under subsection (b) to determine which defense articles and defense services, if any, should no longer be subject to such registration and end-use monitoring requirements. The Secretary of Defense shall submit to the specified congressional committees the results of each review conducted under this paragraph.

“(2)

Exemption .—

The Secretary of Defense may exempt a defense article or defense service from the registration and end-use monitoring requirements under subsection (b) beginning on the date that is 30 days after the date on which the Secretary provides notice of the proposed exemption to the specified congressional committees. Such notice shall describe any controls to be imposed on such defense article or defense service, as the case may be, under any other provision of law.

“(d)

Definitions .—

In this section:

“(1)

Defense article .—

22 U.S.C. 2403(d)The term ‘defense article’ has the meaning given the term in section 644(d) of the Foreign Assistance Act of 1961 ().

“(2)

Defense service .—

22 U.S.C. 2403(f)The term ‘defense service’ has the meaning given the term in section 644(f) of the Foreign Assistance Act of 1961 ().

“(3)

Small arm .—

The term ‘small arm’ means—

“(A)

a handgun or pistol;

“(B)

a shoulder-fired weapon, including a sub-carbine, carbine, or rifle;

“(C)

a light, medium, or heavy automatic weapon up to and including a .50 caliber machine gun;

“(D)

a recoilless rifle up to and including 106mm;

“(E)

a mortar up to and including 81mm;

“(F)

a rocket launcher, man-portable;

“(G)

a grenade launcher, rifle and shoulder fired; and

“(H)

an individually-operated weapon which is portable or can be fired without special mounts or firing devices and which has potential use in civil disturbances and is vulnerable to theft.

“(4)

Specified congressional committees .—

The term ‘specified congressional committees’ means—

“(A)

the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and

“(B)

the Committee on Foreign Relations and the Committee on Armed Services of the Senate.

“(e)

Effective Date.—

“(1)

In general .—

Oct. 28, 2009Except as provided in paragraph (2), this section shall take effect 180 days after the date of the enactment of this Act [].

“(2)

Exception .—

The Secretary of Defense may delay the effective date of this section by an additional period of up to 120 days if the Secretary certifies in writing to the specified congressional committees for such additional period that it is in the vital interest of the United States to do so and includes in the certification a description of such vital interest.”

, , , provided that:

Tracking and Monitoring of Defense Articles Provided to the Government of Iraq and Other Individuals and Groups in Iraq

Pub. L. 110–181, div. A, title XII, § 1228Jan. 28, 2008122 Stat. 377

“(a)

Export and Transfer Control Policy .—

The President shall implement a policy to control the export and transfer of defense articles into Iraq, including implementation of the registration and monitoring system under subsection (c).

“(b)

Requirement to Implement Control System .—

No defense articles may be provided to the Government of Iraq or any other group, organization, citizen, or resident of Iraq until the President certifies to the specified congressional committees that a registration and monitoring system meeting the requirements set forth in subsection (c) has been established.

“(c)

Registration and Monitoring System .—

The registration and monitoring system required under this subsection shall include—

“(1)

the registration of the serial numbers of all small arms to be provided to the Government of Iraq or to other groups, organizations, citizens, or residents of Iraq;

“(2)

a program of end-use monitoring of all lethal defense articles provided to such entities or individuals; and

“(3)

a detailed record of the origin, shipping, and distribution of all defense articles transferred under the Iraq Security Forces Fund or any other security assistance program to such entities or individuals.

“(d)

Review; Exemption.—

“(1)

Review .—

The President shall periodically review the items subject to the registration and monitoring requirements under subsection (c) to determine what items, if any, should no longer be subject to such registration and monitoring requirements. The President shall transmit to the specified congressional committees the results of each review conducted under this paragraph.

“(2)

Exemption .—

22 U.S.C. 2394–1(a)The President may exempt an item from the registration and monitoring requirements under subsection (c) beginning on the date that is 30 days after the date on which the President provides notice of the proposed exemption to the specified congressional committees in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of the Foreign Assistance Act of 1961 (). Such notice shall describe any controls to be imposed on such item under any other provision of law.

“(e)

Definitions .—

In this section:

“(1)

Defense article .—

22 U.S.C. 2403(d)The term ‘defense article’ has the meaning given the term in section 644(d) of the Foreign Assistance Act of 1961 ().

“(2)

Small arms .—

The term ‘small arms’ means—

“(A)

handguns;

“(B)

shoulder-fired weapons;

“(C)

light automatic weapons up to and including .50 caliber machine guns;

“(D)

recoilless rifles up to and including 106mm;

“(E)

mortars up to and including 81mm;

“(F)

rocket launchers, man-portable;

“(G)

grenade launchers, rifle and shoulder fired; and

“(H)

individually-operated weapons which are portable or can be fired without special mounts or firing devices and which have potential use in civil disturbances and are vulnerable to theft.

“(3)

Specified congressional committees .—

The term ‘specified congressional committees’ means—

“(A)

the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and

“(B)

the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Banking, Housing, and Urban Affairs of the Senate.

“(f)

Effective Date.—

“(1)

In general .—

Jan. 28, 2008Except as provided in paragraph (2), this section shall take effect 180 days after the date of the enactment of this Act [].

“(2)

Exception .—

The President may delay the effective date of this section by an additional period of up to 90 days if the President certifies in writing to the specified congressional committees for such additional period that it is in the vital interest of the United States to do so and includes in the certification a description of such vital interest.”

, , , provided that:

Man-Portable Air Defense Systems (MANPADS)

Pub. L. 109–472, § 12Jan. 11, 2007120 Stat. 3558

“(a)

Statement of Policy .—

Congress declares that it should be the policy of the United States to hold foreign governments accountable for knowingly transferring MANPADS to state-sponsors of terrorism or terrorist organizations.

“(b)

Determination Relating to Sanctions.—

“(1)

In general .—

If the President determines that a foreign government knowingly transfers MANPADS to a foreign government described in paragraph (2) or a terrorist organization, the President shall—

“(A)

submit forthwith to the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate a report containing such determination; and

“(B)

impose forthwith on the transferring foreign government the sanctions described in subsection (c).

“(2)

Foreign government described .—

50 U.S.C. 4605(j)22 U.S.C. 2371 22 U.S.C. 2780A foreign government described in this paragraph is a foreign government that the Secretary of State has determined, for purposes of [former] section 6(j) of the Export Administration Act of 1979 [former ], section 620A of the Foreign Assistance Act of 1961 [], section 40 of the Arms Export Control Act [], or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism.

“(c)

Sanctions Described .—

The sanctions referred to in subsection (b)(1)(B) are the following:

“(1)

22 U.S.C. 2151 Termination of United States Government assistance to the transferring foreign government under the Foreign Assistance Act of 1961 [ et seq.], except that such termination shall not apply in the case of humanitarian assistance.

“(2)

Termination of United States Government—

“(A)

sales to the transferring foreign government of any defense articles, defense services, or design and construction services; and

“(B)

licenses for the export to the transferring foreign government of any item on the United States Munitions List.

“(3)

Termination of all foreign military financing for the transferring foreign government.

“(d)

Waiver .—

Notwithstanding any other provision of law, sanctions shall not be imposed on a transferring foreign government under this section if the President determines and certifies in writing to the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate that the furnishing of the assistance, sales, licensing, or financing that would otherwise be suspended as a result of the imposition of such sanctions is important to the national security interests of the United States.

“(e)

Definitions .—

In this section:

“(1)

Defense article .—

22 U.S.C. 2794(3)The term ‘defense article’ has the meaning given the term in section 47(3) of the Arms Export Control Act [].

“(2)

Defense service .—

22 U.S.C. 2794(4)The term ‘defense service’ has the meaning given the term in section 47(4) of the Arms Export Control Act [].

“(3)

Design and construction services .—

22 U.S.C. 2794(8)The term ‘design and construction services’ has the meaning given the term in section 47(8) of the Arms Export Control Act [].

“(4)

Foreign government .—

The term ‘foreign government’ includes any agency or instrumentality of a foreign government.

“(5)

Manpads .—

The term ‘MANPADS’ means—

“(A)

a surface-to-air missile system designed to be man-portable and carried and fired by a single individual; or

“(B)

any other surface-to-air missile system designed to be operated and fired by more than one individual acting as a crew and portable by several individuals.”

, , , provided that:

Pub. L. 108–458, title IV, § 4026Dec. 17, 2004118 Stat. 3724

“(a)

United States Policy on Nonproliferation and Export Control.—

“(1)

To limit availability and transfer of manpads .—

The President shall pursue, on an urgent basis, further strong international diplomatic and cooperative efforts, including bilateral and multilateral treaties, in the appropriate forum to limit the availability, transfer, and proliferation of MANPADSs worldwide.

“(2)

To limit the proliferation of manpads .—

The President is encouraged to seek to enter into agreements with the governments of foreign countries that, at a minimum, would—

“(A)

prohibit the entry into force of a MANPADS manufacturing license agreement and MANPADS co-production agreement, other than the entry into force of a manufacturing license or co-production agreement with a country that is party to such an agreement;

“(B)

prohibit, except pursuant to transfers between governments, the export of a MANPADS, including any component, part, accessory, or attachment thereof, without an individual validated license; and

“(C)

prohibit the reexport or retransfer of a MANPADS, including any component, part, accessory, or attachment thereof, to a third person, organization, or government unless the written consent of the government that approved the original export or transfer is first obtained.

“(3)

To achieve destruction of manpads .—

The President should continue to pursue further strong international diplomatic and cooperative efforts, including bilateral and multilateral treaties, in the appropriate forum to assure the destruction of excess, obsolete, and illicit stocks of MANPADSs worldwide.

“(4)

Reporting and briefing requirement.—

“(A)

President’s report .—

Dec. 17, 2004Not later than 180 days after the date of enactment of this Act [], the President shall transmit to the appropriate congressional committees a report that contains a detailed description of the status of diplomatic efforts under paragraphs (1), (2), and (3) and of efforts by the appropriate United States agencies to comply with the recommendations of the General Accounting Office [now Government Accountability Office] set forth in its report GAO–04–519, entitled ‘Nonproliferation: Further Improvements Needed in U.S. Efforts to Counter Threats from Man-Portable Air Defense Systems’.

“(B)

Annual briefings .—

Annually after the date of submission of the report under subparagraph (A) and until completion of the diplomatic and compliance efforts referred to in subparagraph (A), the Secretary of State shall brief the appropriate congressional committees on the status of such efforts.

“(b)

Airworthiness Certification of Missile Defense Systems for Commercial Aircraft.— FAA

“(1)

In general .—

As soon as practicable, but not later than the date of completion of Phase II of the Department of Homeland Security’s counter-man-portable air defense system (MANPADS) development and demonstration program, the Administrator of the Federal Aviation Administration shall establish a process for conducting airworthiness and safety certification of missile defense systems for commercial aircraft certified as effective and functional by the Department of Homeland Security. The process shall require a certification by the Administrator that such systems can be safely integrated into aircraft systems and ensure airworthiness and aircraft system integrity.

“(2)

Certification acceptance .—

Under the process, the Administrator shall accept the certification of the Department of Homeland Security that a missile defense system is effective and functional to defend commercial aircraft against MANPADSs.

“(3)

Expeditious certification .—

Under the process, the Administrator shall expedite the airworthiness and safety certification of missile defense systems for commercial aircraft certified by the Department of Homeland Security.

“(4)

Reports .—

December 31, 2008Not later than 90 days after the first airworthiness and safety certification for a missile defense system for commercial aircraft is issued by the Administrator, and annually thereafter until , the Federal Aviation Administration shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that contains a detailed description of each airworthiness and safety certification issued for a missile defense system for commercial aircraft.

“(c)

Programs to Reduce MANPADS.—

“(1)

In general .—

The President is encouraged to pursue strong programs to reduce the number of MANPADSs worldwide so that fewer MANPADSs will be available for trade, proliferation, and sale.

“(2)

Reporting and briefing requirements .—

Dec. 17, 2004Not later than 180 days after the date of enactment of this Act [], the President shall transmit to the appropriate congressional committees a report that contains a detailed description of the status of the programs being pursued under subsection (a). Annually thereafter until the programs are no longer needed, the Secretary of State shall brief the appropriate congressional committees on the status of programs.

“(3)

Funding .—

There is authorized to be appropriated such sums as may be necessary to carry out this section.

“(d)

Vulnerability Assessments Report.— MANPADS

“(1)

In general .—

Dec. 17, 2004Not later than one year after the date of enactment of this Act [], the Secretary of Homeland Security shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the Department of Homeland Security’s plans to secure airports and the aircraft arriving and departing from airports against MANPADSs attacks.

“(2)

Matters to be addressed .—

The Secretary’s report shall address, at a minimum, the following:

“(A)

The status of the Department’s efforts to conduct MANPADSs vulnerability assessments at United States airports at which the Department is conducting assessments.

“(B)

How intelligence is shared between the United States intelligence agencies and Federal, State, and local law enforcement to address the MANPADS threat and potential ways to improve such intelligence sharing.

“(C)

Contingency plans that the Department has developed in the event that it receives intelligence indicating a high threat of a MANPADS attack on aircraft at or near United States airports.

“(D)

The feasibility and effectiveness of implementing public education and neighborhood watch programs in areas surrounding United States airports in cases in which intelligence reports indicate there is a high risk of MANPADS attacks on aircraft.

“(E)

Any other issues that the Secretary deems relevant.

“(3)

Format .—

The report required by this subsection may be submitted in a classified format.

“(e)

Definitions .—

In this section, the following definitions apply:

“(1)

Appropriate congressional committees .—

The term ‘appropriate congressional committees’ means—

“(A)

the Committee on Armed Services, the Committee on International Relations [now Committee on Foreign Affairs], and the Committee on Transportation and Infrastructure of the House of Representatives; and

“(B)

the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Commerce, Science, and Transportation of the Senate.

“(2)

MANPADS.—

The term ‘MANPADS’ means—

“(A)

a surface-to-air missile system designed to be man-portable and carried and fired by a single individual; and

“(B)

any other surface-to-air missile system designed to be operated and fired by more than one individual acting as a crew and portable by several individuals.”

, , , provided that:

section 4026 of Pub. L. 108–458Apr. 21, 2005section 301 of title 3[Functions of President under subsecs. (a)(4)(A), (c)(2) of , set out above, assigned to Secretary of State by section 1 of Memorandum of President of the United States, , 70 F.R. 48633, set out as a note under , The President.]

Bilateral Exchanges and Trade in Defense Articles and Defense Services Between the United States and the United Kingdom and Australia

Pub. L. 108–375, div. A, title XII, § 1225Oct. 28, 2004118 Stat. 2091

“(a)

Policy .—

22 U.S.C. 2751It is the policy of Congress that bilateral exchanges and trade in defense articles and defense services between the United States and the United Kingdom and Australia are in the national security interest of the United States and that such exchanges and trade should be subjected to accelerated review and processing consistent with national security and the requirements of the Arms Export Control Act ( et seq.).

“(b)

Requirement .—

The Secretary of State shall ensure that any license application submitted for the export of defense articles or defense services to Australia or the United Kingdom is expeditiously processed by the Department of State, in consultation with the Department of Defense, without referral to any other Federal department or agency, except where the item is classified or exceptional circumstances apply.

“(c)

Regulations .—

The President shall ensure that regulations are prescribed to implement this section.”

, , , provided that:

Eligibility of Panama Under Arms Export Control Act

Pub. L. 104–164, title I, § 154July 21, 1996110 Stat. 1440

22 U.S.C. 2751“The Government of the Republic of Panama shall be eligible to purchase defense articles and defense services under the Arms Export Control Act ( et seq.), except as otherwise specifically provided by law.”

, , , provided that:

Reports on Counterproliferation Activities and Programs

Pub. L. 103–337, div. A, title XV, § 1503Oct. 5, 1994108 Stat. 2916 Pub. L. 104–201, div. A, title XIII, § 1309(d)Sept. 23, 1996110 Stat. 2710 Pub. L. 106–65, div. A, title XV, § 1504(c)Oct. 5, 1999113 Stat. 808 Pub. L. 107–314, div. A, title XII, § 1208(b)Dec. 2, 2002116 Stat. 2668 Pub. L. 110–181, div. A, title XII, § 1256(d)Jan. 28, 2008122 Stat. 404

“(a)

Biennial Report Required .—

Not later than May 1 each odd-numbered year, the Secretary of Defense shall submit to Congress a report of the findings of the Counterproliferation Program Review Committee established by subsection (a) of the Review Committee charter.

“(b)

Content of Report .—

Each report under subsection (a) shall include the following:

“(1)

A complete list, by specific program element, of the existing, planned, or newly proposed capabilities and technologies reviewed by the Review Committee pursuant to subsection (c) of the Review Committee charter.

“(2)

A complete description of the requirements and priorities established by the Review Committee.

“(3)

A comprehensive discussion of the near-term, mid-term, and long-term programmatic options formulated by the Review Committee for meeting requirements prescribed by the Review Committee and for eliminating deficiencies identified by the Review Committee, including the annual funding requirements and completion dates established for each such option.

“(4)

An explanation of the recommendations made pursuant to subsection (c) of the Review Committee charter, together with a full discussion of the actions taken to implement such recommendations or otherwise taken on the recommendations.

“(5)

section 1105(a) of title 31 A discussion and assessment of the status of each Review Committee recommendation during the two fiscal years preceding the fiscal year in which the report is submitted, including, particularly, the status of recommendations made during such preceding fiscal years that were reflected in the budget submitted to Congress pursuant to , United States Code, in the fiscal year of the report.

“(6)

Each specific Department of Energy program that the Secretary of Energy plans to develop to initial operating capability and each such program that the Secretary does not plan to develop to initial operating capability.

“(7)

For each technology program scheduled to reach initial operational capability, a recommendation from the Chairman of the Joint Chiefs of Staff that represents the views of the commanders of the unified and specified commands regarding the utility and requirement of the program.

“(8)

A discussion of the limitations and impediments to the biological weapons counterproliferation efforts of the Department of Defense (including legal, policy, and resource constraints) and recommendations for the removal or mitigation of such impediments and for ways to make such efforts more effective.

“(c)

Forms of Report .—

Each such report shall be submitted in both unclassified and classified forms, including an annex to the classified report for special compartmented information programs, special access programs, and special activities programs.

“(d)

Review Committee Charter Defined .—

Pub. L. 103–160 22 U.S.C. 2751For purposes of this section, the term ‘Review Committee charter’ means section 1605 of the National Defense Authorization Act for Fiscal Year 1994 [] ( note).

“(e)

Termination of Requirement .—

The final report required under subsection (a) is the report for the year following the year in which the Counterproliferation Program Review Committee established under the Review Committee Charter ceases to exist.”

, , ; , , ; , , ; , (c), , ; , , , provided that:

Arab League Boycott of Israel

Pub. L. 103–236, title V, § 564Apr. 30, 1994108 Stat. 484 Pub. L. 103–415, § 1lOct. 25, 1994108 Stat. 4301

“(a)

Prohibition .—

No defense article or defense service may be sold or leased by the United States Government to any country or international organization that, as a matter of policy or practice, is known to have sent letters to United States firms requesting compliance with, or soliciting information regarding compliance with, the Arab League secondary or tertiary boycott of Israel, unless the President determines, and so certifies to the appropriate congressional committees, that that country or organization does not currently maintain a policy or practice of making such requests or solicitations.

“(b)

Waiver.—

“(1)

year waiver 1-.—

On or after the effective date of this section, the President may waive, for a period of 1 year, the application of subsection (a) with respect to any country or organization if the President determines, and reports to the appropriate congressional committees, that—

“(A)

such waiver is in the national interest of the United States, and such waiver will promote the objectives of this section to eliminate the Arab boycott; or

“(B)

such waiver is in the national security interest of the United States.

“(2)

Extension of waiver .—

If the President determines that the further extension of a waiver will promote the objectives of this section, the President, upon notification of the appropriate congressional committees, may grant further extensions of such waiver for successive 12-month periods.

“(3)

Termination of waiver .—

The President may, at any time, terminate any waiver granted under this subsection.

“(c)

Definitions .—

As used in this section—

“(1)

the term ‘appropriate congressional committees’ means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives; and

“(2)

22 U.S.C. 2794(3) the terms ‘defense article’ and ‘defense service’ have the meanings given to such terms by paragraphs (3) and (4), respectively, of section 47 of the Arms Export Control Act [, (4)].

“(d)

Effective Date .—

Apr. 30, 1994This section shall take effect 1 year after the date of enactment of this Act [].”

, , , as amended by (), , , provided that:

Apr. 24, 1997section 564 of Public Law 103–236[Memorandum of President of the United States, , 62 F.R. 24797, delegated to Secretary of State functions of President under , set out above.]

section 564 of Pub. L. 103–236[Certifications and determinations relating to suspension of application by President under , set out above, were contained in the following:

Apr. 30, 1996[Determination of President of the United States, No. 96–23, , 61 F.R. 26029.

May 1, 1995[Determination of President of the United States, No. 95–20, , 60 F.R. 22245.]

Counterproliferation Policy and Programs of United States

Pub. L. 103–160, div. A, title XVINov. 30, 1993107 Stat. 1843 Pub. L. 103–337, div. A, title XVOct. 5, 1994108 Stat. 2914 Pub. L. 104–106, div. A, title XV, § 1504(b)Feb. 10, 1996110 Stat. 513 Pub. L. 104–201, div. A, title XIII, § 1309(a)Sept. 23, 1996110 Stat. 2710 Pub. L. 106–65, div. A, title XV, § 1504(a)Oct. 5, 1999113 Stat. 808 Pub. L. 107–314, div. A, title XII, § 1208(a)Dec. 2, 2002116 Stat. 2668 Pub. L. 109–163, div. A, title X, § 1056(f)Jan. 6, 2006119 Stat. 3440 Pub. L. 110–181, div. A, title XII, § 1256(a)Jan. 28, 2008122 Stat. 403 Pub. L. 112–239, div. A, title X, § 1076(c)(1)Jan. 2, 2013126 Stat. 1949 Pub. L. 115–91, div. A, title X, § 1051(f)Dec. 12, 2017131 Stat. 1563

“SEC. 1603.

STUDIES RELATING TO UNITED STATES COUNTERPROLIFERATION POLICY.

“(a)

Authorization To Conduct Studies .—

The Secretary of Defense may conduct studies and analysis programs in support of the counterproliferation policy of the United States.

“(b)

Counterproliferation Studies .—

Studies and analysis programs under this section may include programs intended to explore defense policy issues that might be involved in efforts to prevent and counter the proliferation of weapons of mass destruction and their delivery systems. Such efforts include—

“(1)

enhancing United States military capabilities to deter and respond to terrorism, theft, and proliferation involving weapons of mass destruction;

“(2)

cooperating in international programs to enhance military capabilities to deter and respond to terrorism, theft, and proliferation involving weapons of mass destruction; and

“(3)

otherwise contributing to Department of Defense capabilities to deter, identify, monitor, and respond to such terrorism, theft, and proliferation involving weapons of mass destruction.

“(c)

Designation of Coordinator .—

The Under Secretary of Defense for Policy, subject to the supervision and control of the Secretary of Defense, shall coordinate the policy studies and analysis of the Department of Defense on countering proliferation of weapons of mass destruction and their delivery systems.

“SEC. 1605.

JOINT COMMITTEE FOR REVIEW OF COUNTERPROLIFERATION PROGRAMS OF THE UNITED STATES.

“(a)

Establishment .—

(1)

There is hereby established a Counterproliferation Program Review Committee composed of the following members:

“(A)

The Secretary of Defense.

“(B)

The Secretary of Energy.

“(C)

The Director of National Intelligence.

“(D)

The Chairman of the Joint Chiefs of Staff.

“(E)

The Secretary of State.

“(F)

The Secretary of Homeland Security.

“(2)

The Secretary of Defense shall chair the committee. The Secretary of Energy shall serve as the Vice Chairman of the committee.

“(3)

A member of the committee may designate a representative to perform routinely the duties of the member. A representative shall be in a position of Deputy Assistant Secretary or a position equivalent to or above the level of Deputy Assistant Secretary. A representative of the Chairman of the Joint Chiefs of Staff shall be a person in a grade equivalent to that of Deputy Assistant Secretary of Defense.

“(4)

The Secretary of Defense may delegate to the Under Secretary of Defense for Acquisition, Technology, and Logistics the performance of the duties of the Chairman of the committee. The Secretary of Energy may delegate to the Under Secretary of Energy responsible for national security programs of the Department of Energy the performance of the duties of the Vice Chairman of the committee.

“(5)

The Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs shall serve as executive secretary to the committee, except that during any period during which that position is vacant the Assistant Secretary of Defense for Strategy and Threat Reduction shall serve as the executive secretary.

“(b)

Purposes of the Committee .—

The purposes of the committee are as follows:

“(1)

To optimize funding for, and ensure the development and deployment of—

“(A)

highly effective technologies and capabilities for the detection, monitoring, collection, processing, analysis, and dissemination of information in support of United States counterproliferation policy and efforts, including efforts to stem the proliferation of weapons of mass destruction and to negate paramilitary and terrorist threats involving weapons of mass destruction; and

“(B)

disabling technologies in support of such policy.

“(2)

To identify and eliminate undesirable redundancies or uncoordinated efforts in the development and deployment of such technologies and capabilities.

“(3)

To establish priorities for programs and funding.

“(4)

To encourage and facilitate interagency and interdepartmental funding of programs in order to ensure necessary levels of funding to develop, operate, and field highly-capable systems.

“(5)

To ensure that Department of Energy programs are integrated with the operational needs of other departments and agencies of the Government.

“(6)

To ensure that Department of Energy national security programs include technology demonstrations and prototype development of equipment.

“(c)

Duties .—

The committee shall—

“(1)

identify and review existing and proposed capabilities and technologies for support of United States nonproliferation policy and counterproliferation policy with regard to—

“(A)

intelligence;

“(B)

battlefield surveillance;

“(C)

passive defenses;

“(D)

active defenses; and

“(E)

counterforce capabilities;

“(2)

prescribe requirements and priorities for the development and deployment of highly effective capabilities and technologies;

“(3)

identify deficiencies in existing capabilities and technologies;

“(4)

formulate near-term, mid-term, and long-term programmatic options for meeting requirements established by the committee and eliminating deficiencies identified by the committee; and

“(5)

section 1105(a) of title 31 assess each fiscal year the effectiveness of the committee actions during the preceding fiscal year, including, particularly, the status of recommendations made during such preceding fiscal year that were reflected in the budget submitted to Congress pursuant to , United States Code, for the fiscal year following the fiscal year in which the assessment is made.

“(d)

Access to Information .—

The committee shall have access to information on all programs, projects, and activities of the Department of Defense, the Department of State, the Department of Energy, the Department of State, the Department of Homeland Security, the intelligence community, and the Arms Control and Disarmament Agency that are pertinent to the purposes and duties of the committee.

“(e)

Recommendations .—

The committee shall submit to the President and the heads of all appropriate departments and agencies of the Government such programmatic recommendations regarding existing, planned, or new programs as the committee considers appropriate to encourage funding for capabilities and technologies at the level necessary to support United States counterproliferation policy.

“(f)

Termination of Committee .—

September 30, 2013The committee shall cease to exist at the end of .

“SEC. 1607.

DEFINITIONS.

Pub. L. 103–160 section 5859a of this title“For purposes of this subtitle [subtitle A, §§ 1601–1607, of title XVI of div. A of , amending and enacting this note]:

“(1)

The term ‘appropriate congressional committees’ means—

“(A)

the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and

“(B)

the Committee on Armed Services [now Committee on National Security], the Committee on Appropriations, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.

“(2)

50 U.S.C. 401a 50 U.S.C. 3003 The term ‘intelligence community’ has the meaning given such term in section 3 of the National Security Act of 1947 () [now ].”

, §§ 1603, 1605, 1607, , , 1845, 1847, as amended by , §§ 1502, 1505(a), (b), , , 2919; , , ; –(c), , ; , (b), , ; , (d), , ; , , ; –(c), , ; , , ; , , , provided that:

[For abolition, transfer of functions, and treatment of references to United States Arms Control and Disarmament Agency, see section 6511 et seq. of this title.]

Restriction on Arms Sales to Saudi Arabia and Kuwait

Pub. L. 102–229, title I, § 104Dec. 12, 1991105 Stat. 1707

“(a)

No funds appropriated or otherwise made available by this or any other Act may be used in any fiscal year to conduct, support, or administer any sale of defense articles or defense services to Saudi Arabia or Kuwait until that country has paid in full, either in cash or in mutually agreed in-kind contributions, the following commitments made to the United States to support Operation Desert Shield/Desert Storm:

“(1)

In the case of Saudi Arabia, $16,839,000,000.

“(2)

In the case of Kuwait, $16,006,000,000.

“(b)

22 U.S.C. 2751 For purposes of this section, the term ‘any sale’ means any sale with respect to which the President is required to submit a numbered certification to the Congress pursuant to the Arms Export Control Act [ et seq.] on or after the effective date of this section.

“(c)

Dec. 12, 1991 This section shall take effect 120 days after the date of enactment of this joint resolution [].

“(d)

section 523 of Public Law 101–513104 Stat. 2007 22 U.S.C. 2394–1 Any military equipment of the United States, including battle tanks, armored combat vehicles, and artillery, included within the Conventional Forces in Europe Treaty definition of ‘conventional armaments and equipment limited by the Treaty’, which may be transferred to any other NATO country shall be subject to the notification procedures stated in [] and in section 634A of the Foreign Assistance Act of 1961 [].”

, , , provided that:

Annual Report on Proliferation of Missiles and Essential Components of Nuclear, Biological, and Chemical Weapons

Pub. L. 102–190, div. A, title X, § 1097Dec. 5, 1991105 Stat. 1489 Pub. L. 104–106, div. A, title XVFeb. 10, 1996110 Stat. 507 Pub. L. 106–65, div. A, title X, § 1067(9)Oct. 5, 1999113 Stat. 774 Pub. L. 107–228, div. B, title XIII, § 1308(g)(1)(A)Sept. 30, 2002116 Stat. 1441 , , , as amended by , §§ 1502(c)(3), 1504(d), , , 514; , , , required the President to submit to Congress annual reports on transfers by any country of weapons, technology, or materials that can be used to deliver, manufacture, or weaponize nuclear, biological, or chemical weapons to any country (other than certain specified countries) seeking to acquire such weapons, technology, or materials, and specified time, coverage, contents and classification of such reports, prior to repeal by , , .

Conventional Arms Transfers

Pub. L. 99–83, title I, § 129Aug. 8, 198599 Stat. 206 Aug. 8, 1985, , , directed President, at the earliest possible date, in consultation with United States allies, to initiate discussions with the Soviet Union and France aimed at beginning multilateral negotiations to limit and control the transfer of conventional arms to less developed countries, and, within one year after , submit to Speaker of House of Representatives and chairman of Committee on Foreign Relations of Senate a report which specifies steps being taken to fulfill such requirements and which examines and analyzes, among specified matters, United States policies concerning the export of conventional arms, especially sophisticated weapons, and possible approaches to developing multilateral limitations on conventional arms sales.

Termination of Nonrecurring Activities Under Foreign Assistance Act of 1961 and This Chapter and Removal From Law

Pub. L. 97–113, title VII, § 734(c)Dec. 29, 198195 Stat. 1561

22 U.S.C. 2151“Except as otherwise explicitly provided by their terms, amendments to the Foreign Assistance Act of 1961 [ et seq.] and the Arms Export Control Act [this chapter] which are applicable only to a single fiscal or calendar year or which require reports or other actions on a nonrecurring basis shall be deemed to have expired and shall be removed from law upon the expiration of the applicable time periods for the fulfillment of the required actions.”

, , , provided that:

Report to Congress by President on Multilateral Discussions Concerning Arms Transfer Policy

Pub. L. 95–384, § 15(b)Sept. 26, 197892 Stat. 740 Dec. 31, 1979section 15(a) of Pub. L. 95–384 Pub. L. 97–113, title VII, § 734(a)(12)Dec. 29, 198195 Stat. 1560 , , , directed President, not later than , to transmit to Congress a detailed report assessing results and commenting on implications of multilateral discussion referred to in paragraph added to this section by , relating to adherence to a policy of restraint in conventional arms transfer, prior to repeal by , , .

Report by President on Review of Arms Sales Controls on Non-Lethal Items

Pub. L. 95–384, § 25Sept. 26, 197892 Stat. 746 Sept. 26, 1978Pub. L. 95–92, § 27Aug. 4, 197791 Stat. 626 Pub. L. 97–113, title VII, § 734(a)(12)Dec. 29, 198195 Stat. 1560 , , , directed President, within 120 days after , to report in writing to Speaker of House of Representatives and chairman of Committee on Foreign Relations of Senate the results of the review conducted pursuant to , , , set out below, prior to repeal by , , .

Report by President on Impact of Foreign Arms Sales and Transfers to Foreign Governments on Defense Readiness and National Security of United States

Pub. L. 95–92, § 23Aug. 4, 197791 Stat. 624 Pub. L. 95–384, § 29(c)(2)(B)Sept. 26, 197892 Stat. 747 , , , set forth provisions respecting Presidential report on impact of United States foreign arms sales and transfers on defense readiness and national security, prior to repeal by , , .

Study by President of National Security and Military Implications of International Transfers of Technology; Scope of Study; Utilization of Executive Departments and Agencies

Pub. L. 95–92, § 24Aug. 4, 197791 Stat. 624 Pub. L. 97–113, title VII, § 734(a)(13)Dec. 29, 198195 Stat. 1560 , , , as amended by , , , directed President to conduct a comprehensive study of policies and practices of United States Government with respect to national security and military implications of international transfers of technology in order to determine whether such policies and practices should be changed, with President to utilize resources and expertise of Arms Control and Disarmament Agency, Department of State, Department of Defense, Department of Commerce, National Science Foundation, Office of Science and Technology Policy, and such other entities within the Executive branch as he deemed necessary.

Statement of Policy Regarding United States Arms Sales to Israel

Pub. L. 95–92, § 26Aug. 4, 197791 Stat. 625

“In accordance with the historic special relationship between the United States and Israel and previous agreements and continuing understandings, the Congress joins with the President in reaffirming that a policy of restraint in United States arms transfers, including arms sales ceilings, shall not impair Israel’s deterrent strength or undermine the military balance in the Middle East.”

, , , provided that:

Review by President of Categories and Arms Sales Controls on Lethal and Non-Lethal Items

Pub. L. 95–92, § 27Aug. 4, 197791 Stat. 626 , , , directed President to undertake a review of all regulations relating to arms control for the purpose of defining and categorizing lethal and non-lethal products and establishing the appropriate level of control for each category.

Study of United States Arms Sales Policies and Practices by President; Report to Congress

Pub. L. 94–329, title II, § 202(b)June 30, 197690 Stat. 735 Pub. L. 95–384, § 29(c)(1)(A)Sept. 26, 197892 Stat. 747 , , , set forth provisions respecting study and report to Congress of United States arms sales policies and practices, prior to repeal by , , .

Presidential Report Regarding Sales of Excess Defense Articles to Foreign Governments and International Organizations

Pub. L. 94–329, title II, § 217June 30, 197690 Stat. 747 Pub. L. 95–384, § 29(c)(1)(B)Sept. 26, 197892 Stat. 747 , , , set forth provisions respecting report by the President of all sales under this chapter of excess defense articles to foreign governments and international organizations, prior to repeal by , , .

Study by Secretaries of State and Defense on Consequences of Enactment of Arms Export Control Provisions

Pub. L. 94–329, title II, § 218June 30, 197690 Stat. 748 Pub. L. 94–329 Pub. L. 95–384, § 29(c)(1)(C)Sept. 26, 197892 Stat. 747 , , , set forth provisions respecting study by the Secretaries of State and Defense on consequences of enactment of arms export control provisions by title II of , prior to repeal by , , .

July 1, 1976September 30, 1976Total Number of Credits To Be Extended Between , and

Pub. L. 94–329, title V, § 506(b)June 30, 197690 Stat. 764 July 1, 1976Sept. 30, 1976, , , provided that the total number of credits extended pursuant to this chapter, between , and , not exceed an amount equal to one-fourth of the total amount of credits extended and guaranteed for fiscal year 1976.

Additional Military and Civilian Personnel for Department of Defense

Pub. L. 94–329, title VI, § 605(a)June 30, 197690 Stat. 768

“Nothing in this Act [see Short Title of 1976 Amendment note set out under section 2151 of the title] is intended to authorize any additional military or civilian personnel for the Department of Defense for the purposes of this Act, the Foreign Assistance Act of 1961 [section 2151 et seq. of this title], or the Arms Export Control Act [this chapter]. Personnel levels authorized in statutes authorizing appropriations for military and civilian personnel of the Department of Defense shall be controlling over all military and civilian personnel of the Department of Defense assigned to carry out functions under the Arms Export Control Act and the Foreign Assistance Act of 1961.”

, , , provided that:

Sales to the Middle East; Requests for Additional Appropriations

Pub. L. 91–672, § 5Jan. 12, 197184 Stat. 2053 , , , provided that it was the sense of Congress that (1) the President should press forward with efforts to negotiate with the Soviet Union and other powers a limitation on arms shipments to the Middle East, (2) the President should be supported in the position that arms will be made available and credits provided to Israel and other friendly states to meet threats to the security and independence of such states, and (3) the President could submit to the Congress requests for appropriate supplementary appropriations.

Review of Military Aid Programs and Efforts for Regulation of Conventional Arms Trade

Pub. L. 91–672, § 6Jan. 12, 197184 Stat. 2053

“It is the sense of the Congress that—

“(1)

the President should immediately institute a thorough and comprehensive review of the military aid programs of the United States, particularly with respect to the military assistance and sales operations of the Department of Defense, and

“(2)

the President should take such actions as may be appropriate—

“(A)

to initiate multilateral discussions among the United States, the Union of Soviet Socialist Republics, Great Britain, France, West Germany, Italy and other countries on the control of the worldwide trade in armaments,

“(B)

to commence a general debate in the United Nations with respect to the control of the conventional arms trade, and

“(C)

to use the power and prestige of his office to signify the intention of the United States to work actively with all nations to check and control the international sales and distribution of conventional weapons of death and destruction.”

, , , provided that:

Executive Documents

Executive Order No. 11501

Dec. 22, 1969Sept. 25, 1972Jan. 18, 1977Ex. Ord. No. 11501, , 34 F.R. 20169, as amended by Ex. Ord. No. 11685, , 37 F.R. 20155, which related to the administration of foreign military sales, was revoked by Ex. Ord. No. 11958, , 42 F.R. 4311, formerly set out below.

Executive Order No. 11958

Jan. 18, 1977Feb. 6, 1979Sept. 29, 1979Apr. 16, 1980Sept. 14, 1981May 24, 1982May 26, 1983May 24, 1986July 5, 1989Dec. 14, 1990Dec. 12, 1996June 29, 1998Mar. 31, 1999Jan. 23, 2003Mar. 8, 2013Ex. Ord. No. 11958, , 42 F.R. 4311, as amended by Ex. Ord. No. 12118, , 44 F.R. 7939; Ex. Ord. No. 12163, , 44 F.R. 56673; Ex. Ord. No. 12210, , 45 F.R. 26313; Ex. Ord. No. 12321, , 46 F.R. 46109; Ex. Ord. No. 12365, , 47 F.R. 22933; Ex. Ord. No. 12423, , 48 F.R. 24025; Ex. Ord. No. 12560, , 51 F.R. 19159; Ex. Ord. No. 12680, , 54 F.R. 28995; Ex. Ord. No. 12738, § 7, , 55 F.R. 52035; Ex. Ord. No. 13030, § 2, , 61 F.R. 66187; Ex. Ord. No. 13091, § 1, , 63 F.R. 36153; Ex. Ord. No. 13118, § 10(8), , 64 F.R. 16598; Ex. Ord. No. 13284, § 13, , 68 F.R. 4076, which related to the administration of arms export controls, was revoked by Ex. Ord. No. 13637, § 4, , 78 F.R. 16131, set out below.

Ex. Ord. No. 13637. Administration of Reformed Export Controls

Mar. 8, 2013Feb. 6, 2026Ex. Ord. No. 13637, , 78 F.R. 16129, as amended by Ex. Ord. No. 14383, § 4(v), , 91 F.R. 6498, provided:

22 U.S.C. 2751 section 301 of title 3By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Arms Export Control Act, as amended ( et seq.) (the “Act”), and , United States Code, it is hereby ordered as follows:

SectionDelegation of Functions 1. . The following functions conferred upon the President by the Act, and related laws, are delegated as follows:

22 U.S.C. 2753 22 U.S.C. 2753(a)(1)22 U.S.C. 2753(a)22 U.S.C. 2753(a)(1)(a) Those under section 3 of the Act (), with the exception of subsections (a)(1), (b), (c)(3), (c)(4), and (f) (, (b), (c)(3), (c)(4), and (f)), to the Secretary of State. The Secretary of State, in the implementation of the delegated functions under sections 3(a) and (d) of the Act ( and (d)), is authorized to find, in the case of a proposed transfer of a defense article or related training or other defense service by a foreign country or international organization not otherwise eligible under section 3(a)(1) of the Act (), whether the proposed transfer will strengthen the security of the United States and promote world peace.

22 U.S.C. 2755(b) Those under section 5 () to the Secretary of State.

22 U.S.C. 2761 22 U.S.C. 2761(d)(c) Those under section 21 of the Act (), with the exception of the last sentence of subsection (d) and all of subsection (i) ( and (i)), to the Secretary of Defense.

22 U.S.C. 2762(a)(d) Those under sections 22(a), 29, 30, and 30A of the Act (, 2769, 2770, and 2770a) to the Secretary of Defense.

22 U.S.C. 2763 Public Law 112–74 22 U.S.C. 2763(a)(e) Those under section 23 of the Act (), and under section 7069 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (, Division I) and any subsequently enacted provision of law that is the same or substantially the same, to the Secretary of Defense to be exercised in consultation with the Secretary of State and, other than the last sentence of section 23(a) (), in consultation with the Secretary of the Treasury, except that the President shall determine any rate of interest to be charged that is less than the market rate of interest.

22 U.S.C. 2764 22 U.S.C. 2764 22 U.S.C. 2767(f) Those under sections 24 and 27 of the Act ( and 2767) to the Secretary of Defense. The Secretary of Defense shall consult with the Secretary of State and the Secretary of the Treasury in implementing the delegated functions under section 24 () and with the Secretary of State in implementing the delegated functions under section 27 ().

22 U.S.C. 2765(g) Those under section 25 of the Act () to the Secretary of State. The Secretary of Defense shall assist the Secretary of State in the preparation of materials for presentation to the Congress under that section.

22 U.S.C. 2774(h) Those under section 34 of the Act () to the Secretary of State. To the extent the standards and criteria for credit and guaranty transactions are based upon national security or financial policies, the Secretary of State shall obtain the prior concurrence of the Secretary of Defense and the Secretary of the Treasury, respectively.

22 U.S.C. 2775(a)(i) Those under section 35(a) of the Act () to the Secretary of State.

22 U.S.C. 2776(a)22 U.S.C. 2776(a)(5)(j) Those under sections 36(a) [of the] Act () to the Secretary of War. The Secretary of War, in the implementation of the delegated functions under sections [sic] 36(a), shall consult with the Secretary of State. With respect to those functions under sections [sic] 36(a)(5) and (6) ( and (6)), the Secretary of War shall also consult with the Director of the Office of Management and Budget.

22 U.S.C. 2776(b)(1)(k) Those under section 36(b)(1), (c) and (d) of the Act (, (c), and (d)) to the Secretary of State. To ensure coordination, the Secretary of State shall notify the Secretary of War of the intent to formally notify the Congress of proposed arms transfers.

22 U.S.C. 2776(f)(1)(l) Those under section 36(f)(1) of the Act () to the Secretary of Defense.

22 U.S.C. 2776(f)(2)(m) Those under sections 36(f)(2) and (f)(3) of the Act ( and (f)(3)) to the Secretary of State.

22 U.S.C. 2778(n) Those under section 38 of the Act () to:

22 U.S.C. 2778(i) the Secretary of State, except as otherwise provided in this subsection. Designations, including changes in designations, by the Secretary of State of items or categories of items that shall be considered as defense articles and defense services subject to export control under section 38 () shall have the concurrence of the Secretary of Defense. The authority to undertake activities to ensure compliance with established export conditions may be redelegated to the Secretary of Defense, or to the head of another executive department or agency as appropriate, who shall exercise such functions in consultation with the Secretary of State;

22 U.S.C. 2778(ii) the Attorney General, to the extent they relate to the control of the permanent import of defense articles and defense services. In carrying out such functions, the Attorney General shall be guided by the views of the Secretary of State on matters affecting world peace, and the external security and foreign policy of the United States. Designations, including changes in designations, by the Attorney General of items or categories of items that shall be considered as defense articles and defense services subject to permanent import control under section 38 of the Act () shall be made with the concurrence of the Secretary of State and the Secretary of Defense and with notice to the Secretary of Commerce; and

(iii) the Department of State for the registration and licensing of those persons who engage in the business of brokering activities with respect to defense articles or defense services controlled either for purposes of export by the Department of State or for purposes of permanent import by the Department of Justice.

22 U.S.C. 2779(b)22 U.S.C. 2762(o) Those under section 39(b) of the Act () to the Secretary of State. In carrying out such functions, the Secretary of State shall consult with the Secretary of Defense as may be necessary to avoid interference in the application of Department of Defense regulations to sales made under section 22 of the Act ().

Public Law 104–164 22 U.S.C. 2785(p) Those under the portion of section 40A of the Act added by (), to the Secretary of State insofar as they relate to commercial exports licensed under the Act, and to the Secretary of Defense insofar as they relate to defense articles and defense services sold, leased, or transferred under the Foreign Military Sales Program.

Public Law 104–132 22 U.S.C. 2781(q) Those under the portion of section 40A of the Act added by the Antiterrorism and Effective Death Penalty Act of 1996 () (), to the Secretary of State.

22 U.S.C. 2791(c)22 U.S.C. 2791(c)(r) Those under sections 42(c) and (f) of the Act ( and (f)) to the Secretary of Defense. The Secretary of Defense shall obtain the concurrence of the Secretary of State and the Secretary of Commerce on any determination considered under the authority of section 42(c) of the Act ().

22 U.S.C. 2795a(b)(s) Those under section 52(b) of the Act () to the Secretary of Defense.

22 U.S.C. 2796(t) Those under sections 61 and 62(a) of the Act ( and 2796a(a)) to the Secretary of Defense.

12 U.S.C. 635(b)(6)(u) Those under section 2(b)(6) of the Export-Import Bank Act of 1945, as amended () to the Secretary of State.

SecCoordination. 2. . (a) In addition to the specific provisions of section 1 of this order, the Secretary of State and the Secretary of Defense, in carrying out the functions delegated to them under this order, shall consult with each other and with the heads of other executive departments and agencies on matters pertaining to their responsibilities.

22 U.S.C. 2752(b)(b) Under the direction of the President and in accordance with section 2(b) of the Act (), the Secretary of State, taking into account other United States activities abroad, shall be responsible for the continuous supervision and general direction of sales and exports under the Act, including the negotiation, conclusion, and termination of international agreements, and determining whether there shall be a sale to a country and the amount thereof, and whether there shall be delivery or other performance under such sale or export, to the end that sales and exports are integrated with other United States activities and the foreign policy of the United States is best served thereby.

SecAllocation of Funds. 3. . Funds appropriated to the President for carrying out the Act shall be deemed to be allocated to the Secretary of Defense without any further action of the President.

SecRevocationJanuary 18, 1977. 4. . Executive Order 11958 of , as amended, is revoked; except that, to the extent consistent with this order, all determinations, authorizations, regulations, rulings, certificates, orders, directives, contracts, agreements, and other actions made, issued, taken, or entered into under the provisions of Executive Order 11958, as amended, and not revoked, superseded, or otherwise made inapplicable, shall continue in full force and effect until amended, modified, or terminated by appropriate authority.

SecDelegation of Functions under the International Emergency Economic Powers Actsection 1701 of Title 50. 5. . [Amended Ex. Ord. No. 13222, listed in a table under , War and National Defense.]

SecGeneral Provisions. 6. . (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Barack Obama.

Ex. Ord. No. 14268. Reforming Foreign Defense Sales To Improve Speed and Accountability

Apr. 9, 2025Ex. Ord. No. 14268, , 90 F.R. 15631, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

SectionPurpose 1. . To serve the interests of the American people, the United States must maintain the world’s strongest and most technologically advanced military through a dynamic defense industrial base, coupled with a robust network of capable partners and allies. A rapid and transparent foreign defense sales system that enables effective defense cooperation between the United States and our chosen partners is foundational to these objectives. Reforming this system would simultaneously strengthen the security capabilities of our allies and invigorate our own defense industrial base. This mutually reinforcing approach would enhance United States warfighting capabilities by fostering healthy American supply chains, domestic production levels, and technological development.

Sec.Policy 2. . It is the policy of my Administration to:

(a) Improve accountability and transparency throughout the foreign defense sales system to ensure predictable and reliable delivery of American products to foreign partners in support of United States foreign policy objectives.

(b) Consolidate parallel decision-making when determining which military capabilities the United States will choose to provide, and to which countries.

(c) Reduce rules and regulations involved in the development, execution, and monitoring of foreign defense sales and of transfer cases to ensure alignment with United States foreign policy objectives.

(d) Increase government-industry collaboration to achieve cost and schedule efficiencies in the execution of the Foreign Military Sales (FMS) program.

(e) Advance United States competitiveness abroad, revitalize the defense industrial base, and lower unit costs for the United States and our allies and partners by integrating exportability features in the design phase, improving financing options for partners, and increasing contract flexibility overall.

Sec.Phased Implementation 3. . (a) The Secretary of State and the Secretary of Defense shall promptly:

April 19, 2018(i) Implement National Security Presidential Memorandum 10 of (United States Conventional Arms Transfer Policy), or any successor policy directive.

(ii) Reevaluate restrictions imposed by the Missile Technology Control Regime on Category I items and consider supplying certain partners with specific Category I items, in consultation with the Secretary of Commerce.

22 U.S.C. 2751(iii) Submit a joint letter to the Congress proposing an update to statutory congressional certification (also known as congressional notification) thresholds of proposed sales under the FMS and Direct Commercial Sales (DCS) programs in the Arms Export Control Act ( et seq.). The Secretary of State shall also work with the Congress to review congressional notification processes to ensure the timely adjudication of notified FMS and DCS cases.

Apr. 9, 2025(b) Within 60 days of the date of this order []:

(i) The Secretary of State, in consultation with the Secretary of Defense, shall develop a list of priority partners for conventional arms transfers and issue updated guidance to Chiefs of the United States Diplomatic Missions regarding this list.

(ii) The Secretary of Defense, in consultation with the Secretary of State, shall:

(A) develop a list of priority end-items for potential transfer to priority partners identified by the Secretary of State in the list required by this subsection;

(B) ensure the transfer of priority end-items to priority partners would not cause significant harm to United States force readiness; and

(C) ensure the transfer of priority end-items to priority partners would advance my Administration’s goal of strengthening allied burden-sharing, both by sharing the cost of end-item production and by increasing our allies’ capacity to meet capability targets independently, without sustained support from the United States.

(c)(i) The Secretary of State and the Secretary of Defense shall review, update, and reissue the lists of priority partners and military end-items on an annual basis.

(ii) The Secretary of State and the Secretary of Defense shall review and update the list of defense items that can only be purchased through the FMS process (the FMS-Only List) and the United States Munitions List, 22 C.F.R. part 121, to focus protections solely on our most sensitive and sophisticated technologies, and shall establish clear criteria for including an item on the FMS-Only List.

(d) Within 90 days of the date of this order, the Secretary of State and the Secretary of Defense, in consultation with the Secretary of Commerce, shall submit a plan to the President, through the Assistant to the President for National Security Affairs (APNSA), to: improve the transparency of United States defense sales to foreign partners by developing metrics for accountability; secure exportability as a requirement in the early stages of the acquisition process; and consolidate technology security and foreign disclosure approvals.

(e) Within 120 days of the date of this order, the Secretary of Defense, with the assistance of the Secretary of State and the Secretary of Commerce, shall submit a plan to the APNSA to develop a single electronic system to track all DCS export license requests and ongoing FMS efforts throughout the case life-cycle.

Sec.Definitions 4. . For purposes of this order:

(a) “Parallel decision-making” refers to the granting of simultaneous certifications and approvals during the FMS process, as opposed to sequential decision-making where agencies wait for other agencies to make decisions before taking action.

(b) “Exportability” means the process to identify, develop, and integrate technology protection features into United States defense systems early in the acquisition process to protect critical technologies, capabilities, and program information and thus enable export to partners.

(c) “FMS-only” means defense articles that are exclusively available through the FMS process as opposed to the DCS process, as authorized in the Arms Export Control Act and described in the Security Assistance Management Manual (SAMM), Defense Security Cooperation Agency (DSCA), Chapter 4.

(d) “End-item” means the final product when assembled and ready for issue or deployment.

(e) “Foreign defense sales system” means the enterprise devoted to the transfer of defense articles, services, and training by the United States Government and United States companies to international partners and organizations.

(f) All other terms related to FMS cases shall have the meanings given to them by the SAMM, DSCA 5105.38M.

Sec.General Provisions 5. . (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

Donald J. Trump.

Ex. Ord. No. 14383. Establishing an America First Arms Transfer Strategy

Feb. 6, 2026Ex. Ord. No. 14383, , 91 F.R. 6497, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

SectionPurpose 1. . American-manufactured military equipment is the best in the world, resulting in American dominance across international defense exports. It is critical that the United States fully use this comparative advantage in arms transfers as both a tool of foreign policy and a tool to expand domestic production and transfer.

To maintain our military dominance and technological superiority, the time has come to establish, implement, and execute an America First Arms Transfer Strategy. As the first strategy of its kind, it will ensure that future arms sales prioritize American interests by using foreign purchases and capital to build American production and capacity. This strategy will advance a technologically superior, ready, and resilient national security industrial enterprise. It will strengthen the United States defense industrial base to ensure it has the capacity to support our military and our allies and partners, especially as we increase burden-sharing.

Sec.Policy 2. . It is the policy of the United States to intentionally use arms transfers as a tool of American foreign policy and to expand strategically relevant industrial production capacity in the United States by:

(a) establishing an America First Arms Transfer Strategy that provides clear direction and implementation guidance to arms transfer stakeholders; and

(b) streamlining processes across executive departments and agencies (agencies) to strengthen effectiveness and create efficiencies in our defense sales enterprise.

Sec.An America First Arms Transfer Strategy 3. . (a) An America First Arms Transfer Strategy shall accomplish the following objectives:

(i) The United States will use arms sales and transfers to increase production and build production capacity for weapons and platforms the Secretary of War determines to be the most operationally relevant for executing the National Security Strategy (NSS);

(ii) The United States will use foreign purchases and capital to support domestic reindustrialization, expand production capacity, and improve the resilience of the United States defense industrial base. Arms sales and transfers will support Department of War (DoW) efforts to promote innovation and competition by incentivizing new entrants and nontraditional defense companies to contribute to the defense industrial base;

(iii) The United States will use arms sales and transfers to reinforce DoW acquisition and sustainment activities, including by building critical supply chain resilience and avoiding adding to backlogs on priority components and end-items that impact United States or ally and partner readiness;

April 9, 2025(iv) Consistent with Executive Order 14268 of (Reforming Foreign Defense Sales to Improve Speed and Accountability) [set out above], the United States will prioritize arms sales and transfers to partners that have invested in their own self-defense and capabilities, have a critical role or geography in United States plans and operations, or contribute to our economic security.

Feb. 6, 2026(b) Within 120 days of the date of this order [], the Secretary of War, in coordination with the Secretary of State and the Secretary of Commerce, shall submit to the President, through the Assistant to the President for National Security Affairs, a sales catalog of prioritized platforms and systems that the United States shall encourage our allies and partners to acquire. The sales catalog shall be based on criteria identified in the America First Arms Transfer Strategy.

(c) Within 120 days of the date of this order, the Secretary of Commerce, in coordination with the Secretary of State and the Secretary of War, shall provide recommendations to enhance advocacy efforts encouraging foreign procurement of defense articles produced in America for the purpose of supporting an America First Arms Transfer Strategy.

(d) Within 120 days of the date of this order, the Secretary of State and the Secretary of War, in coordination with the Secretary of Commerce, shall identify Foreign Military Sales (FMS) and Direct Commercial Sales opportunities that will support the strategic objectives of the America First Arms Transfer Strategy and the growth of the United States defense industrial base.

(e) Within 60 days of the date of this order, the Secretary of State and the Secretary of War, in coordination with the Secretary of Commerce, shall develop an industry engagement plan and submit it to the President, through the Assistant to the President for National Security Affairs, to enable the United States Government to fully coordinate with American stakeholders while executing the America First Arms Transfer Strategy.

Sec.Eliminating Inefficiencies in American Arms Transfers 4. . In order to fully implement an America First Arms Transfer Strategy and streamline our defense sales process, the United States Government shall undertake the following actions:

(i) Within 90 days of the date of this order, the Secretary of War, in coordination with the Secretary of State, shall develop clear criteria for determining which weapons, platforms, or capabilities require Enhanced End Use Monitoring. Additionally, the Secretary of State, the Secretary of War, and the Secretary of Commerce shall establish an End Use Monitoring coordination group, consisting of designees from each respective department, which will meet to improve the effectiveness and coordination of their respective department’s end-use monitoring activities. These actions will improve information sharing and efficiencies to ensure allies and partners are complying with United States requirements and to reduce risk of diversion.

(ii) Within 60 days of the date of this order, the Secretary of State, in coordination with the Secretary of War, shall review Third-Party Transfer (TPT) processes and submit a plan to the President through the Assistant to the President for National Security Affairs to reduce and potentially realign the onerous TPT process, with due consideration to technology security risks.

(iii) Within 90 days of the date of this order, the Secretary of War, in coordination with the Secretary of State, shall develop a process to provide advanced notice, as appropriate, to allies and partners of upcoming contracting actions and associated deadlines for FMS Letter of Offer and Acceptance implementation.

(iv) The Secretary of State, the Secretary of War, and the Secretary of Commerce shall ensure effective coordination when assessing the impacts of Direct Commercial Sales to the defense industrial base.

(v) [Amended Ex. Ord. No. 13637, set out above.]

Sec.Enhancing Accountability and Transparency 5. . (a) Within 30 days of the date of this order, the Secretary of State, the Secretary of War, and the Secretary of Commerce shall establish the Promoting American Military Sales Task Force (Task Force) to coordinate efforts to implement the America First Arms Transfer Strategy and enhance accountability and transparency throughout the arms transfer enterprise. The Task Force shall:

(i) be chaired by the Assistant to the President for National Security Affairs or his designee, and be composed of the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of State for Arms Control and International Security, the Under Secretary of Commerce for International Trade;

(ii) develop a charter to clearly define the specific objectives and structure of the Task Force;

(iii) include as ex officio members the Service Acquisition Executives of the military departments and representatives of other non-military implementing agencies as appropriate to report on actions taken by the military departments and other implementing agencies to accelerate the contracting of priority FMS cases and ensure exportability of identified priority systems; and

(iv) convene quarterly, or as required, to review progress implementing the America First Arms Transfer Strategy, including whether targeted defense sales align with the Strategy’s objectives.

(b) Within 120 days of the date of this order, and to further the reforms directed in Executive Order 14268, and to improve transparency for United States industry and partners and allies, the Secretary of State, the Secretary of War, and the Secretary of Commerce shall begin to publish aggregate quarterly performance metrics on FMS case development and execution, and on the adjudication of Commerce and State export licenses.

Sec.General Provisions 6. . (a) Nothing in this order shall be construed to impair or otherwise effect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(d) The costs for publication of this order shall be borne by the Department of War.

Donald J. Trump.

Section text and notes

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Short Title of 2025 Amendment

References to Foreign Military Sales Act Deemed Reference to Arms Export Control Act

References to Present Instead of Past Provisions; Specific Application of Other Provisions to This Chapter

Effective Date

Short Title of 2016 Amendment

Short Title of 2010 Amendment

Short Title of 1999 Amendment

Short Title of 1998 Amendment

Short Title of 1991 Amendment

Short Title

Advancements in Defense Cooperation Between the United States and India

In General .—

Interagency Definition of India as Major Defense Partner .—

Responsibility for Enhanced Cooperation.—

Designation of responsible individual .—

Additional duties .—

Briefings .—

Appropriate committees of congress defined .—

Enhancing Defense and Security Cooperation With India

Actions.—

In general .—

Report.—

In general .—

Contents .—

Report form .—

Bilateral Coordination .—

Assessment Required.—

In general .—

Use of assessment .—

Registration and End-Use Monitoring of Defense Articles and Defense Services Transferred to Afghanistan and Pakistan

Program Required.—

In general .—

Prohibition .—

Registration and End-use Monitoring Requirements .—

Review; Exemption.—

Review .—

Exemption .—

Definitions .—

Defense article .—

Defense service .—

Small arm .—

Specified congressional committees .—

Effective Date.—

In general .—

Exception .—

Tracking and Monitoring of Defense Articles Provided to the Government of Iraq and Other Individuals and Groups in Iraq

Export and Transfer Control Policy .—

Requirement to Implement Control System .—

Registration and Monitoring System .—

Review; Exemption.—

Review .—

Exemption .—

Definitions .—

Defense article .—

Small arms .—

Specified congressional committees .—

Effective Date.—

In general .—

Exception .—

Man-Portable Air Defense Systems (MANPADS)

Statement of Policy .—

Determination Relating to Sanctions.—

In general .—

Foreign government described .—

Sanctions Described .—

Waiver .—

Definitions .—

Defense article .—

Defense service .—

Design and construction services .—

Foreign government .—

Manpads .—

United States Policy on Nonproliferation and Export Control.—

To limit availability and transfer of manpads .—

To limit the proliferation of manpads .—