22 USC 2763 - Credit sales

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a), (g)(1), and (h), was in the original “this Act”, meaning Puspan. L. 90–629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.

The Foreign Assistance Act of 1961, referred to in subsec. (g)(1), is Puspan. L. 87–195, Sept. 4, 1961, 75 Stat. 424, 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 section 2151 of this title and Tables.

Amendments

1996—Subsecs. (f) to (h). Puspan. L. 104–164 added subsecs. (f) to (h).

1990—Subsec. (e). Puspan. L. 101–513 added subsec. (e).

1987—Subsec. (a). Puspan. L. 100–202 inserted sentence at end authorizing financing to Israel and Egypt for commercial leasing of defense articles, not including Major Defense Equipment, with exception for certain aircraft, upon a Presidential determination that there are compelling foreign policy or national defense reasons for such leasing.

1985—Puspan. L. 99–83 amended section generally. Prior to amendment, section read as follows: “The President is authorized to finance procurements of defense articles, defense services, and design and construction services by friendly foreign countries and international organizations on terms requiring the payment to the United States Government in United States dollars of—

“(1) the value of such articles or services within a period not to exceed twelve years after the delivery of such articles or the rendering of such services; and

“(2) interest on the unpaid balance of that obligation for payment of the value of such articles or services, at a rate equivalent to the current average interest rate, as of the last day of the month preceding the financing of such procurement, that the United States Government pays on outstanding marketable obligations of comparable maturity, unless the President certifies to Congress that the national interest requires a lesser rate of interest and states in the certification the lesser rate so required and the justification therefor.”

1980—Puspan. L. 96–533 substituted “defense articles, defense services, and design and construction services” for “defense articles and defense services”.

1976—Par. (1). Puspan. L. 94–329 substituted “twelve years” for “ten years”.

1974—Puspan. L. 93–559 incorporated existing provisions in cl. (1) and added cl. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 1985 Amendment

Amendment by Puspan. L. 99–83 effective Oct. 1, 1985, see section 1301 of Puspan. L. 99–83, set out as a note under section 2151–1 of this title.

Effective Date of 1976 Amendment

Puspan. L. 94–329, title II, § 208(span), June 30, 1976, 90 Stat. 739, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to financing under agreements entered into on or after the date of enactment of this Act [June 30, 1976] for the procurement of defense articles to be delivered, or defense services to be rendered, after such date.”

Effective Date

Section effective July 1, 1968, see section 41 of Puspan. L. 90–629, set out as a note under section 2751 of this title.

Similar Provisions

Provisions similar to those in last sentence of subsec. (a) of this section which were applicable to NATO and major non-NATO allies in addition to Israel and Egypt were contained in the following appropriation acts:

Puspan. L. 118–47, div. F, title VII, § 7035(span)(3), Mar. 23, 2024, 138 Stat. 795.

Puspan. L. 117–328, div. K, title VII, § 7035(span)(3), Dec. 29, 2022, 136 Stat. 5037.

Puspan. L. 117–103, div. K, title VII, § 7035(span)(4), Mar. 15, 2022, 136 Stat. 629.

Puspan. L. 116–260, div. G, title VII, § 7035(span)(4), Dec. 27, 2020, 134 Stat. 1756.

Puspan. L. 116–94, div. G, title VII, § 7035(span)(4), Dec. 20, 2019, 133 Stat. 2878.

Puspan. L. 116–6, div. F, title VII, § 7049(span)(5), Fespan. 15, 2019, 133 Stat. 366.

Puspan. L. 115–141, div. K, title VII, § 7068, Mar. 23, 2018, 132 Stat. 950.

Puspan. L. 115–31, div. J, title VII, § 7068, May 5, 2017, 131 Stat. 704.

Puspan. L. 114–113, div. K, title VII, § 7068, Dec. 18, 2015, 129 Stat. 2811.

Puspan. L. 113–235, div. J, title VII, § 7068, Dec. 16, 2014, 128 Stat. 2676.

Puspan. L. 113–76, div. K, title VII, § 7068, Jan. 17, 2014, 128 Stat. 558.

Puspan. L. 112–74, div. I, title VII, § 7069, Dec. 23, 2011, 125 Stat. 1253.

Puspan. L. 111–117, div. F, title VII, § 7083, Dec. 16, 2009, 123 Stat. 3400.

Puspan. L. 111–8, div. H, title VII, § 7085, Mar. 11, 2009, 123 Stat. 912.

Puspan. L. 110–161, div. J, title VI, § 610, Dec. 26, 2007, 121 Stat. 2316.

Puspan. L. 109–102, title V, § 510, Nov. 14, 2005, 119 Stat. 2198.

Puspan. L. 108–447, div. D, title V, § 510, Dec. 8, 2004, 118 Stat. 2993.

Puspan. L. 108–199, div. D, title V, § 510, Jan. 23, 2004, 118 Stat. 170.

Puspan. L. 108–7, div. E, title V, § 575, Fespan. 20, 2003, 117 Stat. 210.

Puspan. L. 107–115, title V, § 580, Jan. 10, 2002, 115 Stat. 2170.

Puspan. L. 106–429, § 101(a) [title V, § 589], Nov. 6, 2000, 114 Stat. 1900, 1900A–59.

Puspan. L. 106–113, div. B, § 1000(a)(2) [title V, § 528], Nov. 29, 1999, 113 Stat. 1535, 1501A–90.

Puspan. L. 105–277, div. A, § 101(d) [title V, § 529], Oct. 21, 1998, 112 Stat. 2681–150, 2681–178.

Puspan. L. 105–118, title V, § 528, Nov. 26, 1997, 111 Stat. 2413.

Puspan. L. 104–208, div. A, title I, § 101(c) [title V, § 528], Sept. 30, 1996, 110 Stat. 3009–121, 3009–149.

Puspan. L. 104–107, title V, § 528, Fespan. 12, 1996, 110 Stat. 730.

Puspan. L. 103–306, title V, § 530, Aug. 23, 1994, 108 Stat. 1635.

Puspan. L. 103–87, title V, § 530, Sept. 30, 1993, 107 Stat. 954.

Puspan. L. 102–391, title V, § 558, Oct. 6, 1992, 106 Stat. 1676.

Puspan. L. 101–513, title V, § 561, Nov. 5, 1990, 104 Stat. 2026.

Puspan. L. 101–167, title V, § 571, Nov. 21, 1989, 103 Stat. 1245.

Puspan. L. 100–461, title V, § 580, Oct. 1, 1988, 102 Stat. 2268–48.

Modernizing the Defense Capabilities of the Philippines

Puspan. L. 119–60, div. A, title XII, § 1270, Dec. 18, 2025, 139 Stat. 1125, provided that:

“(a)Purpose.—In addition to the purposes otherwise authorized for Foreign Military Financing with respect to the Philippines, the Secretary of State shall use the authorities under this section to—

“(1) strengthen the United States-Philippines alliance in accordance with the historic agreement reached at the United States-Philippines 2+2 Ministerial Dialogue on August 2, 2024;

“(2) enable the acceleration of phase three of the modernization of the Armed Forces of the Philippines;

“(3) provide additional information to the Chairs of the United States-Philippine Bilateral Security Dialogue to enable planning and prioritization of Joint Capability Areas;

“(4) support the execution of the Philippines-Security Sector Assistance Roadmap; and

“(5) provide assistance, including equipment, training, and other support, to modernize the defense capabilities of the Armed Forces of the Philippines in order to—

“(A) safeguard the territorial sovereignty of the Philippines;

“(B) improve maritime domain awareness;

“(C) counter coercive military activities;

“(D) improve the military and civilian infrastructure and capabilities necessary to prepare for regional contingencies; and

“(E) strengthen cooperation between the United States and the Philippines on counterterrorism-related efforts.

“(span)Annual Spending Plan.—Not later than March 1, 2026, and annually thereafter for a period of 4 years, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees a plan describing how amounts authorized to be appropriated pursuant to subsection (e), if made available, would be used to achieve the purpose described in subsection (a).

“(c)Annual Report on Enhancing the United States-Philippines Defense Relationship.—

“(1)Report required.—Not later than 270 days after the date of the enactment of this Act [Dec. 18, 2025], and annually thereafter for a period of 4 years, the Secretary of State, in consultation with the Secretary of Defense and such other heads of Federal departments and agencies as the Secretary of State considers appropriate, shall submit to the appropriate congressional committees a report that describes steps taken to enhance the United States-Philippines defense relationship.

“(2)Matters to be included.—Each report required under paragraph (1) shall include the following:

“(A) A description of the capabilities and defense infrastructure improvements needed to modernize the defense capabilities of the Philippines, including with respect to—

“(i) coastal defense;

“(ii) long-range fires;

“(iii) integrated air defenses;

“(iv) maritime security;

“(v) manned and unmanned aerial systems;

“(vi) mechanized ground mobility vehicles;

“(vii) intelligence, surveillance, and reconnaissance;

“(viii) defensive cybersecurity;

“(ix) military construction;

“(x) maintenance and sustainment of military capabilities; and

“(xi) any other defense capabilities that the Secretary of State determines, including jointly with the Philippines, are crucial to the defense of the Philippines.

“(B) An assessment of the absorptive capacity of the Armed Forces of the Philippines, including the coast guard, over the next 5 years.

“(C) A description of how statutory authorities under title 10, United States Code, including under section 333 of such title and authorities relating to unspecified minor military construction and overseas humanitarian, disaster, and civic aid, will be used to provide support for the Philippines-Security Sector Assistance Roadmap and the defense capabilities described in subparagraph (A), prioritized according to the assessment of the absorptive capacity of the Armed Forces of the Philippines required under subparagraph (B).

“(3)Form.—Each report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.

“(d)Foreign Military Financing Loan and Loan Guarantee Authority.—

“(1)Direct loans.—

“(A)In general.—During fiscal years 2026 through 2030, the Secretary of State may make direct loans available for the Philippines pursuant to section 23 of the Arms Export Control Act (22 U.S.C. 2763).

“(B)Maximum obligations.—Gross obligations for the principal amounts of loans authorized under subparagraph (A) may not exceed $1,000,000,000.

“(C)Source of funds.—

“(i)Defined term.—In this subparagraph, the term ‘cost’—

“(I) has the meaning given such term in section 502(5) of the Congressional Budget Act of 1974 (2 U.S.C. 661a(5));

“(II) shall include the cost of modifying a loan authorized under subparagraph (A); and

“(III) may include the costs of selling, reducing, or cancelling any amounts owed to the United States or to any agency of the United States.

“(ii)In general.—Amounts authorized to be appropriated under subsection (e) may be made available to pay for the cost of loans authorized under subparagraph (A).

“(D)Fees authorized.—

“(i)In general.—The Government of the United States may charge processing and origination fees for a loan made pursuant to subparagraph (A), not to exceed the cost to the Government of making such loan, which shall be collected from borrowers through a financing account (as defined in section 502(7) of the Congressional Budget Act of 1974 (2 U.S.C. 661a(7)).

“(ii)Limitation on fee payments.—Amounts made available under any appropriations Act for any fiscal year may not be used to pay any fees associated with a loan authorized under subparagraph (A).

“(E)Repayment.—Loans made pursuant to subparagraph (A) shall be repaid not later than 17 years after the loan is received by the borrower, including a grace period of not more than 1 year on repayment of principal.

“(F)Interest.—

“(i)In general.—Notwithstanding section 23(c)(1) of the Arms Export Control Act (22 U.S.C. 2763(c)(1)), interest for loans made pursuant to subparagraph (A) may be charged at a rate determined by the Secretary of State.

“(ii)Treatment of loan amounts used to pay interest.—Amounts made available under this paragraph for interest costs shall not be considered assistance for the purposes of any statutory limitation on assistance to a country.

“(2)Loan guarantees.—

“(A)In general.—Amounts authorized to be appropriated under subsection (e) may be made available for the costs of loan guarantees for the Philippines under section 24 of the Arms Export Control Act (22 U.S.C. 2764) for the Philippines to subsidize gross obligations for the principal amount of commercial loans and total loan principal, any part of which may be guaranteed.

“(B)Maximum amounts.—Loan guarantees authorized under subparagraph (A)—

“(i) may be made only to the extent that the total loan principal, any part of which is guaranteed, does not exceed $1,000,000,000; and

“(ii) may not exceed 80 percent of the loan principal with respect to any single borrower.

“(C)Subordination.—Any loan guaranteed pursuant to subparagraph (A) may not be subordinated to—

“(i) another debt contracted by the borrower; or

“(ii) any other claims against the borrower in the case of default.

“(D)Repayment.—Repayment in United States dollars of any loan guaranteed under this paragraph shall be required not later than 17 years after the loan agreement is signed.

“(E)Fees.—Notwithstanding section 24 of the Arms Export Control Act (22 U.S.C. 2764), the Government of the United States may charge processing and origination fees for a loan guarantee authorized under subparagraph (A), not to exceed the cost to the Government of such loan guarantee, which shall be collected from borrowers, or from third parties on behalf of such borrowers, through a financing account (as defined in section 502(7) of the Congressional Budget Act of 1974 (2 U.S.C. 661a(7)).

“(F)Treatments of loan guarantees.—Amounts made available under this paragraph for the costs of loan guarantees authorized under subparagraph (A) shall not be considered assistance for the purposes of any statutory limitation on assistance to a country.

“(G)Commercial flexibility.—Loan guarantees authorized under subparagraph (A) may be provided to entities doing business inside or outside the United States, notwithstanding any provision of the Arms Export Control Act (22 U.S.C. 2751 et seq.) that would otherwise limit eligibility for such guarantees based on geographic location or business operations.

“(3)Notification requirement.—Amounts authorized to be appropriated to carry out this subsection may not be expended without prior notification of the appropriate committees of Congress.

“(e)Authorization of Appropriations.—

“(1)In general.—In addition to amounts otherwise authorized to be appropriated for Foreign Military Financing, there are authorized to be appropriated to the Department of State for Foreign Military Financing grant assistance for the Philippines not more than $500,000,000 for each of fiscal years 2026 through 2030.

“(2)Training.—Of the amounts authorized to be appropriated pursuant to paragraph (1), not less than $500,000 is authorized to be appropriated each fiscal year for one or more blanket order agreements for Foreign Military Financing training programs related to the defense needs of the Philippines.

“(f)Sunset Provision.—Assistance may not be provided under this section after September 30, 2035.

“(g)Definitions.—In this section:

“(1) The term ‘appropriate congressional committees’ means—

“(A) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and

“(B) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.

“(2) The term ‘blanket order agreement’ means an agreement between a foreign customer and the United States Government for a specific category of items or services (including training) that—

“(A) does not include a definitive list of items or quantities; and

“(B) specifies a dollar ceiling against which orders may be placed.”

Eastern European Security

Puspan. L. 116–332, Jan. 13, 2021, 134 Stat. 5111, provided that:

“SECTION 1. SHORT TITLE.

“This Act may be cited as the ‘Eastern European Security Act’.

“SEC. 2. SENSE OF CONGRESS.“It is the sense of Congress that it is in the national security interest of the United States to—

“(1) deter aggression against North Atlantic Treaty Organization (NATO) allies by Russia or any other adversary;

“(2) assist NATO allies in acquiring and deploying modern, NATO interoperable military equipment and reducing their dependence on Russian or former Soviet-era defense articles;

“(3) ensure that NATO allies meet alliance defense commitments, including through adequate investments in national defense;

“(4) supplement existing grant assistance to key allies through foreign military financing loans, at rates competitive with those already available on commercial markets, to purchase NATO-interoperable military equipment; and

“(5) work to maintain and strengthen the democratic institutions and practices of all NATO allies, in accordance with the goals of Article 2 of the North Atlantic Treaty.

“SEC. 3. FOREIGN MILITARY LOAN AUTHORITY.

“(a)In General.—Beginning in fiscal year 2021, subject to the notification requirements under subsection (span) and to the availability of appropriations, the President, acting through the Secretary of State, is authorized—

“(1) to make direct loans under section 23 of the Arms Export Control Act (22 U.S.C. 2763) to NATO member countries that joined the alliance after March 1, 1999, notwithstanding the minimum interest rate required by subsection (c)(1) of such section; and

“(2) to charge fees for such loans under paragraph (1), which shall be collected from borrowers in accordance with section 502(7) of the Congressional Budget Act of 1974 [2 U.S.C. 661a(7)], and which may be used to cover the costs of such loans as defined in section 502 of the Congressional Budget Act of 1974 [2 U.S.C. 661a].

“(span)Notification.—A loan may not be made under the authority provided by subsection (a) unless the Secretary of State submits to the appropriate congressional committees a certification, not fewer than fifteen days before entering into an agreement to make such loan, that—

“(1) the recipient country is making demonstrable progress toward meeting its defense spending commitments in accordance with the 2014 NATO Wales Summit Declaration; and

“(2) the government of such recipient country is respecting that country’s constitution and upholds democratic values such as freedom of religion, freedom of speech, freedom of the press, the rule of law, and the rights of religious minorities.

“(c)Repayment.—A loan made under the authority provided by subsection (a) shall be repaid in not more than 12 years, but may include a grace period of up to 1 year on the repayment of the principal.

“(d)Appropriate Congressional Committees Defined.—In this Act, the term ‘appropriate congressional committees’ means—

“(1) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and

“(2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.”

Executive Documents

Delegation of Functions

For delegation of functions of the President under this section and section 7069 of div. I of Puspan. L. 112–74 (see Similar Provisions note below), with certain conditions and exceptions, see section 1(e) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16129, set out as a note under section 2751 of this title. Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of this title and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637.