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Title 22 — Foreign Relations and Intercourse

Chapter 111 — Australia, United Kingdom, and United States (aukus) Security Partnership

§ 10421. Priority for Australia and the United Kingdom in foreign military sales and direct commercial sales

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 div. A title XIII § 1341 · 137 Stat. 136

    Enacted · 22 U.S.C. § 10421

    (Pub. L. 118–31, div. A, title XIII, § 1341, Dec. 22, 2023, 137 Stat. 509.)

    Source evidence

    Code source credit
    (Pub. L. 118–31, div. A, title XIII, § 1341, Dec. 22, 2023, 137 Stat. 509.)

    Enacted provision · exact public law section
    SEC. 1341. PRIORITY FOR AUSTRALIA AND THE UNITED KINGDOM IN FOREIGN MILITARY SALES AND DIRECT COMMERCIAL SALES. (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 21 of the Arms Export Control Act (22 U.S.C. 2761) 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.— President. Procedures. (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.

1 of 1 references resolved to an enrolled provision

Credits

(Pub. L. 118–31, div. A, title XIII, § 1341, , 137 Stat. 509.)

Parsed from the official OLRC USLM XML in data/usc_all/usc22.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t22/s10421