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Title 22 — Foreign Relations and IntercourseRelease 119-73not60

§2795a Use and Transfer of Items Procured by Fund

Title 22 › Chapter 39— ARMS EXPORT CONTROL › Subchapter V— SPECIAL DEFENSE ACQUISITION FUND › § 2795a

Last updated Apr 5, 2026|Official source

Summary

Defense items or services bought under this program cannot be given to another country or an international group unless a law allows it, such as this chapter, the Foreign Assistance Act of 1961, or some other law. The President can let U.S. Armed Forces use those items for a short time before they are sent abroad if needed for national defense, but the military must pay the operation, upkeep, and any costs to restore or replace the items when the use ends. Except for the temporary military use above, the Fund can pay for storage, upkeep, and other work to preserve and prepare those defense items and services for transfer, and can cover Department of Defense administrative costs for buying them to the extent not repaid under section 2792(b).

Full Legal Text

Title 22, §2795a

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)No defense article or defense service acquired by the Secretary of Defense under this subchapter may be transferred to any foreign country or international organization unless such transfer is authorized by this chapter, the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], or other law.
(b)The President may authorize the temporary use by the United States Armed Forces of defense articles and defense services acquired under this subchapter prior to their transfer to a foreign country or international organization, if such is necessary to meet national defense requirements and the United States Armed Forces bear the costs of operation and maintenance of such articles or services while in their use and the costs of restoration or replacement upon the termination of such use.
(c)Except as provided in subsection (b) of this section, the Fund may be used to pay for storage, maintenance, and other costs related to the preservation and preparation for transfer of defense articles and defense services acquired under this subchapter prior to their transfer, as well as the administrative costs of the Department of Defense incurred in the acquisition of such items to the extent not reimbursed pursuant to section 2792(b) of this title.

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. 90–629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 2751 of this title and Tables. The Foreign Assistance Act of 1961, referred to in subsec. (a), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 2151 of this title and Tables.

Executive Documents

Delegation of Functions For delegation of functions of the President under subsec. (b) of this section, see section 1(s) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16131, 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. § 2795a

Title 22 — Foreign Relations and Intercourse

Last Updated

Apr 5, 2026

Release point: 119-73not60