Title 22, Foreign Relations and IntercourseRelease 119-110

§10421 Priority for Australia and the United Kingdom in Foreign Military Sales and Direct Commercial Sales

Title 22 › CHAPTER 111 — AUSTRALIA, UNITED KINGDOM, AND UNITED STATES (AUKUS) SECURITY PARTNERSHIP › SUBCHAPTER II — STREAMLINING AND PROTECTING TRANSFERS OF UNITED STATES MILITARY TECHNOLOGY FROM COMPROMISE › § 10421

Last updated Sep 22, 2026|Official source

Summary

The President must make rules so requests from Australia and the United Kingdom to get defense items and services for AUKUS are moved ahead of other requests, except requests from Taiwan and Ukraine. The Secretary of State, working with the Secretary of Defense, must create an anticipatory-release policy to speed transfers to Australia, the United Kingdom, and Canada through foreign military sales and direct commercial sales when the items are not exempt under the International Traffic in Arms Regulations. Covered technologies include submarine and combat-system tech (Pillar One) and Pillar Two items such as hypersonic missiles, cyber tools, artificial intelligence, quantum and undersea capabilities, and other advanced tech. Decisions under this policy must be made quickly. The two Secretaries must also update interagency rules and guidance to include these provisions.

Full Legal Text

Title 22, §10421

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)In general

The President shall institute policies and procedures for letters of request from Australia and the United Kingdom to transfer defense articles and services under section 2761 of this title related to AUKUS to receive expedited consideration and processing relative to all other letters of request other than from Taiwan and Ukraine.

(b)Technology transfer policy for Australia, Canada, and the United Kingdom

(1)In general

The Secretary of State, in consultation with the Secretary of Defense, shall create an anticipatory release policy for the transfer of technologies described in paragraph (2) to Australia, the United Kingdom, and Canada through Foreign Military Sales and Direct Commercial Sales that are not covered by an exemption under the International Traffic in Arms Regulations.

(2)Capabilities described

The capabilities described in this paragraph are—

(A)Pillar One-related technologies associated with submarine and associated combat systems; and

(B)Pillar Two-related technologies, including hypersonic missiles, cyber capabilities, artificial intelligence, quantum technologies, undersea capabilities, and other advanced technologies.

(3)Expedited decision-making

Review of a transfer under the policy established under paragraph (1) shall be subject to an expedited decision-making process.

(c)Interagency policy and guidance

The Secretary of State and the Secretary of Defense shall jointly review and update interagency policies and implementation guidance related to requests for Foreign Military Sales and Direct Commercial Sales, including by incorporating the anticipatory release provisions of this section.

Reference

Citations & Metadata

Citation

22 U.S.C. § 10421

Title 22, Foreign Relations and Intercourse

Last Updated

Sep 22, 2026

Release point: 119-110