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Title 22 — Foreign Relations and IntercourseRelease 119-73

§2423 Exchanges of certain materials

Title 22 › Chapter CHAPTER 32— - FOREIGN ASSISTANCE › Subchapter SUBCHAPTER III— - GENERAL AND ADMINISTRATIVE PROVISIONS › Part Part III— - Miscellaneous Provisions › § 2423

Last updated Apr 6, 2026|Official source

Summary

The President may give aid or military items if he decides it serves U.S. national interests, but only when the recipient provides necessary or strategic raw materials it controls, such as petroleum, other fossil fuels, metals, minerals, or any natural substance the President finds is in short supply. Those materials go to a U.S. agency for stockpiling or other lawful uses (including sale, transfer, or disposal). Money from any sale or disposal must be deposited in the U.S. Treasury as miscellaneous receipts.

Full Legal Text

Title 22, §2423

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, whenever the President determines it is in the United States national interest, he shall furnish assistance under this chapter or shall furnish defense articles or services under the Foreign Military Sales Act [22 U.S.C. 2751 et. seq.], pursuant to an agreement with the recipient of such assistance, articles, or services which provides that such recipient may only obtain such assistance, articles, or services in exchange for any necessary or strategic raw material controlled by such recipient. For the purposes of this section, the term “necessary or strategic raw material” includes petroleum, other fossil fuels, metals, minerals, or any other natural substance which the President determines is in short supply in the United States.
(b)The President shall allocate any necessary or strategic raw material transferred to the United States under this section to any appropriate agency of the United States Government for stockpiling, sale, transfer, disposal, or any other purpose authorized by law.
(c)Funds received from any disposal of materials under subsection (b) shall be deposited as miscellaneous receipts in the United States Treasury.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see

Short Title

note set out under section 2151 of this title and Tables. The Foreign Military Sales Act, referred to in subsec. (a), is Pub. L. 90–629, ch. 1, Oct. 22, 1968, 82 Stat. 1320, known as the Arms Export Control Act, on authority of section 201(b) of Pub. L. 94–329, title II, June 30, 1976, 90 Stat. 734, and is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 2751 of this title and Tables.

Executive Documents

Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.

Reference

Citations & Metadata

Citation

22 U.S.C. § 2423

Title 22 — Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73