Title 22Foreign Relations and IntercourseRelease 119-73

§3356 Fast-tracking sales to Taiwan under foreign military sales program

Title 22 › Chapter CHAPTER 48A— - TAIWAN ENHANCED RESILIENCE › Subchapter SUBCHAPTER I— - IMPLEMENTATION OF AN ENHANCED DEFENSE PARTNERSHIP BETWEEN THE UNITED STATES AND TAIWAN › § 3356

Last updated Apr 6, 2026|Official source

Summary

By December 23, 2023, and then every year, the Secretary of State together with the Secretary of Defense and other coordinating groups must make a list of military systems, technologies, and equipment that are preapproved and given priority to be sold to Taiwan through the Foreign Military Sales program. The list does not limit what Taiwan can ask for or what can be sold, and it does not replace congressional notice rules under the Arms Export Control Act (22 U.S.C. 2751 et seq.). The State and Defense Departments must speed up processing Taiwan’s sales requests, cannot delay them to bundle orders, and must keep fast processing until the Secretary of State tells the Senate Foreign Relations Committee and the House Foreign Affairs Committee that the threat to Taiwan has much lessened. They must also update interagency policies and guidance to include these preapproval steps.

Full Legal Text

Title 22, §3356

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)(1)Not later than 1 year after December 23, 2022, and annually thereafter, the Secretary of State, in coordination with the Secretary of Defense, and in conjunction with coordinating entities such as the National Disclosure Policy Committee, the Arms Transfer and Technology Release Senior Steering Group, and other appropriate entities, shall compile a list of available and emerging military platforms, technologies, and equipment that are pre-cleared and prioritized for sale and release to Taiwan through the Foreign Military Sales program.
(2)(A)The list compiled pursuant to paragraph (1) shall not be construed as limiting the type, timing, or quantity of items that may be requested by, or sold to, Taiwan under the Foreign Military Sales program.
(B)Nothing in this chapter may be construed to supersede congressional notification requirements under the Arms Export Control Act (22 U.S.C. 2751 et. seq.).
(b)(1)The Secretary of State and the Secretary of Defense shall prioritize and expedite the processing of requests from Taiwan under the Foreign Military Sales program, and may not delay the processing of requests for bundling purposes.
(2)The requirement under paragraph (1) shall continue until the Secretary of State determines and certifies to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that the threat to Taiwan has significantly abated.
(c)The Secretary of State and the Secretary of Defense shall jointly review and update interagency policies and implementation guidance related to Foreign Military Sales requests from Taiwan, including incorporating the preclearance provisions of this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a)(2)(B), was in the original “this Act”, meaning Pub. L. 117–263, div. E, title LV, subtitle A (§§ 5501–5540), Dec. 23, 2022, 136 Stat. 3292, known as the Taiwan Enhanced Resilience Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 3351 of this title and Tables. The Arms Export Control Act, referred to in subsec. (a)(2)(B), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which 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.

Reference

Citations & Metadata

Citation

22 U.S.C. § 3356

Title 22Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73