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Title 22, Foreign Relations and IntercourseRelease 119-110

§2423 Exchanges of Certain Materials

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

Last updated Sep 22, 2026|Official source

Summary

When the President decides it helps the United States, he may give foreign countries aid or defense equipment only if the country agrees to give the U.S. needed or strategic raw materials in return. "Necessary or strategic raw material" means things like petroleum, other fossil fuels, metals, minerals, or any natural substance the President says is in short supply in the United States. The President must give any materials received to the proper U.S. agency for stockpiling, sale, transfer, disposal, or other lawful uses. Money from selling or disposing of those materials must be deposited as miscellaneous receipts in the United States Treasury.

Full Legal Text

Title 22, §2423

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Agreement for necessary or strategic raw material; definition
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)Allocation of raw materials to Federal agencies
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)Deposits in United States Treasury of funds from disposal of materials
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

Sep 22, 2026

Release point: 119-110