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Title 22, Foreign Relations and IntercourseRelease 119-102

§2769 Foreign Military Construction Sales

Title 22 › CHAPTER 39 — ARMS EXPORT CONTROL › SUBCHAPTER II–A — FOREIGN MILITARY CONSTRUCTION SALES › § 2769

Last updated Aug 21, 2026|Official source

Summary

The President can sell design and construction services to eligible foreign countries or international organizations if they pay in U.S. dollars at least the full cost to the U.S. government. The buyer must pay before U.S. officers or employees do the work. The President may sign contracts to buy those services without using U.S. government budget money, but only if the buyer gives a reliable guarantee to pay the contract in full and to provide, in advance, any payments, damages, or cancellation costs.

Full Legal Text

Title 22, §2769

Foreign Relations and Intercourse, Source: USLM XML via OLRC

The President may sell design and construction services to any eligible foreign country or international organization if such country or international organization agrees to pay in United States dollars not less than the full cost to the United States Government of furnishing such services. Payment shall be made to the United States Government in advance of the performance of such services by officers or employees of the United States Government. The President may, without requirement for charge to any appropriation or contract authorization otherwise provided, enter into contracts for the procurement of design and construction services for sale under this section if such country or international organization provides the United States Government with a dependable undertaking (1) to pay the full amount of such contract which will assure the United States Government against any loss on the contract, and (2) to make funds available in such amounts and at such time as may be required to meet the payments required by the contract and any damages and costs that may accrue from the cancellation of such contract, in advance of the time such payments, damages, or costs are due.

Legislative History

Notes & Related Subsidiaries

Executive Documents

Delegation of Functions For delegation of functions of the President under this section, see section 1(d) 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.

Reference

Citations & Metadata

Citation

22 U.S.C. § 2769

Title 22, Foreign Relations and Intercourse

Last Updated

Aug 21, 2026

Release point: 119-102