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10 U.S.C. § 2350d — Cooperative acquisition and logistics support agreements: NATO countries

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2350d — Cooperative acquisition and logistics support agreements: NATO countries

**(a) General Authority.—** (1) The Secretary of Defense may enter into bilateral or multilateral agreements known as Support or Procurement Partnership Agreements with one or more governments of other member countries of the North Atlantic Treaty Organization (NATO) participating in the operation of the NATO Support and Procurement Organization and its executive agencies. Any such agreement shall be for the purpose of providing cooperative acquisition and logistics support for the armed forces of the countries which are parties to the agreement. Any such agreement— (A) shall be entered into pursuant to the terms of the charter of the NATO Support and Procurement Organization and its executive agencies; and (B) shall provide for the common acquisition and logistics support of activities common to the participating countries. (2) Such an agreement may provide for— (A) the transfer of logistics support, supplies, and services by the United States to the NATO Support and Procurement Organization and its executive agencies; and (B) the acquisition of armaments and logistics support, supplies, and services by the United States from that Organization. **(b) Authority of Secretary.—** Under the terms of a Support or Procurement Partnership Agreement or Arrangement, the Secretary of Defense— (1) may agree that the NATO Support and Procurement Organization and its executive agencies may enter into contracts for supply, services, support, and acquisition, including armaments for requirements of the United States, to the extent the Secretary determines that the procedures of such Organization governing such supply, services, support, and acquisition are appropriate; and (2) may share the costs of set-up charges of facilities for use by the NATO Support and Procure

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Stable record: federal_law:legal_authorities:record_usc_343560389bd1dbe74b8d6566
Source file: Laws/federal/codes/united-states-code/title-10/section-2350d-cooperative-acquisition-and-logistics-support-agreements-nato-countries--1240167467.md
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Source location: Title 10, Chapter 138, § 2350d; chapter-138-cooperative-agreements-with-nato-allies-and-other-countries.md

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**(a) General Authority.—** (1) The Secretary of Defense may enter into bilateral or multilateral agreements known as Support or Procurement Partnership Agreements with one or more governments of other member countries of the North Atlantic Treaty Organization (NATO) participating in the operation of the NATO Support and Procurement Organization and its executive agencies. Any such agreement shall be for the purpose of providing cooperative acquisition and logistics support for the armed forces of the countries which are parties to the agreement. Any such agreement— (A) shall be entered into pursuant to the terms of the charter of the NATO Support and Procurement Organization and its executive agencies; and (B) shall provide for the common acquisition and logistics support of activities common to the participating countries. (2) Such an agreement may provide for— (A) the transfer of logistics support, supplies, and services by the United States to the NATO Support and Procurement Organization and its executive agencies; and (B) the acquisition of armaments and logistics support, supplies, and services by the United States from that Organization. **(b) Authority of Secretary.—** Under the terms of a Support or Procurement Partnership Agreement or Arrangement, the Secretary of Defense— (1) may agree that the NATO Support and Procurement Organization and its executive agencies may enter into contracts for supply, services, support, and acquisition, including armaments for requirements of the United States, to the extent the Secretary determines that the procedures of such Organization governing such supply, services, support, and acquisition are appropriate; and (2) may share the costs of set-up charges of facilities for use by the NATO Support and Procurement Organization and its executive agencies to provide cooperative acquisition and logistics support and in the costs of establishing a revolving fund for initial acquisition and replenishment of supply stocks to be used by the NATO Support and Procurement Organization and its executive agencies to provide cooperative acquisition and logistics support. **(c) Sharing of Administrative Expenses.—** Each Support or Procurement Partnership Agreement shall provide for joint management by the participating countries and for the equitable sharing of the administrative costs and costs of claims incident to the agreement. **(d) Application of Chapter 137.—** Except as otherwise provided in this section, the provisions of chapter 137 11 See References in Text note below. of this title apply to a contract entered into by the Secretary of Defense for the acquisition of logistics support under a Support or Procurement Partnership Agreement. **(e) Application of Arms Export Control Act.—** Any transfer of defense articles or defense services to a member country of the North Atlantic Treaty Organization or to the NATO Support and Procurement Organization and its executive agencies for the purposes of a Support or Procurement Partnership Agreement shall be carried out in accordance with this chapter and the Arms Export Control Act ([22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) et seq.). **(f) Supplemental Authority.—** The authority of the Secretary of Defense under this section is in addition to the authority of the Secretary under subchapter I and any other provision of law.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3016 — Chapter 137 legacy provisions

In this part, the term “chapter 137 legacy provisions” means the following sections of this title: sections 3002, 3004, 3011–3015, 3041, 3063–3069, 3134, 3151–3157, 3201–3208, 3221–3227, 3241, 3243, 3249, 3252, 3301–3309, 3321–3323, 3344, 3345, 3371–3375, 3377, 3401, 3403, 3405, 3406, 3501–3511, 3531–3535, 3571, 3572, 3573, 3701–3708, 3741–3750, 3761, 3771–3775, 3781–3786, 3791, 3794, 3801–3807, 3841, 3842, 3847, 3881, 3901, 3902, 4202(b), 4324, 4325, 4501, 4502, 4505, 4506, 4507, 4576, 4657, 4660, 4751, 4752, and 8751.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2751 — Need for international defense cooperation and military export controls; Presidential waiver; report to Congress; arms sales policy

As declared by the Congress in the Arms Control and Disarmament Act [[22 U.S.C. 2551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2551&num=0&edition=prelim) et seq.], an ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2407 — Renumbered § 2350b]

### Statutory Notes #### NATO Cooperative Logistic Support Agreements Pub. L. 99–661, div. A, title XI, § 1102, Nov. 14, 1986, 100 Stat. 3961, which authorized Secretary of Defense to enter Weapon System Partnership Agreements with one or more governments of other member countries of NATO, was repealed by Pub. L. 101–189, div. A, title IX, § 931(d)(2), Nov. 29, 1989, 103 Stat. 1535. See [section 2350d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2350d&num=0&edition=prelim). #### NATO Cooperative Research and Development Pub. L. 99–145, title XI, § 1103, Nov. 8, 1985, 99 Stat. 712, which urged and requested member nations of NATO to cooperate in research and development of defense equipment and munitions and in the production of defense equipment, was repealed by Pub. L. 101–189, div. A, title IX, § 931(d)(1), Nov. 29, 1989, 103 Stat. 1535. See [section 2350a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2350a&num=0&edition=prelim). #### Authority of Secretary of Defense in Connection With NATO AWACS Program Pub. L. 97–86, title I, § 103, Dec. 1, 1981, 95 Stat. 1100, as amended by Pub. L. 97–252, title I, § 106, Sept. 8, 1982, 96 Stat. 720; Pub. L. 98–94, title I, § 105, Sept. 24, 1983, 97 Stat. 620; Pub. L. 98–525, title I, § 106, Oct. 19, 1984, 98 Stat. 2503; Pub. L. 99–145, title I, § 106(b), Nov. 8, 1985, 99 Stat. 596; Pub. L. 99–661, title I, § 106, Nov. 14, 1986, 100 Stat. 3827; Pub. L. 100–180, title I, § 109, Dec. 4, 1987, 101 Stat. 1036, which set forth authority of Secretary of Defense in connection with NATO AWACS Program, was repealed by Pub. L. 101–189, div. A, title IX, § 932(b), Nov. 29, 1989, 103 Stat. 1537. See [section 2350e of this title](https://uscode.house.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2350d — Cooperative acquisition and logistics

Page 1894 TITLE 10—ARMED FORCES § 2350d 1992—Subsec. (a)(2). Pub. L. 102–484, § 1311(a), sub- stituted ‘‘as agreed upon by the parties. Liquidation shall be either by direct payment to the country that has provided the greater amount of transportation or by the providing of in-kind transportation services to that country. The liquidation shall occur on a regular basis, but not less often than once every 12 months.’’ for ‘‘not less often than once every 3 months by direct payment to the country that has provided the greater amount of transportation.’’ Subsec. (e)(1)(B). Pub. L. 102–484, § 1311(b), substituted ‘‘, New Zealand, Japan, and the Republic of Korea’’ for ‘‘or New Zealand’’. 1989—Pub. L. 101–189 renumbered section 2213 of this title as this section and inserted ‘‘: allied countries’’ after ‘‘airlift agreements’’ in section catchline. Subsec. (d). Pub. L. 101–189, § 931(b)(2), substituted ‘‘subchapter I’’ for ‘‘chapter 138 of this title’’. 1987—Subsec. (e). Pub. L. 100–26 inserted ‘‘The term’’ after each par. designation and substituted ‘‘allied’’ for ‘‘Allied’’ in par. (1). 1985—Subsec. (e)(2). Pub. L. 99–145 substituted ‘‘sec- tion 2350’’ for ‘‘section 2331’’. Statutory Notes and Related Subsidiaries DEPARTMENT OF DEFENSE PARTICIPATION IN EUROPEAN PROGRAM ON MULTILATERAL EXCHANGE OF AIR TRANSPORTATION AND AIR REFUELING SERVICES Pub. L. 112–239, div. A, title XII, § 1276, Jan. 2, 2013, 126 Stat. 2029, as amended by Pub. L. 115–91, div. A, title X, § 1051(r)(9), Dec. 12, 2017, 131 Stat. 1565, which related to participation of the United States in the Air Transport, Air-to-Air Refueling and other Exchanges of Services (ATARES) program of the Movement Coordination Centre Europe, was repealed by Pub. L. 116–283, div. A, title XII, § 12

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2751 — Need for international defense coopera-

Page 1185 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2751 Sec. 2762. Procurement for cash sales. 2763. Credit sales. 2764. Guaranties. 2765. Annual estimate and justification for sales program. 2766. Security assistance surveys. 2767. Authority of President to enter into co- operative projects with friendly for- eign countries. 2767a, 2768. Repealed. SUBCHAPTER II–A—FOREIGN MILITARY CONSTRUCTION SALES 2769. Foreign military construction sales. SUBCHAPTER II–B—SALES TO UNITED STATES COMPANIES FOR INCORPORATION INTO END ITEMS 2770. General authority. SUBCHAPTER II–C—EXCHANGE OF TRAINING AND RELATED SUPPORT 2770a. Exchange of training and related sup- port. SUBCHAPTER III—MILITARY EXPORT CONTROLS 2771. Military sales authorizations and ceil- ings. 2772. Repealed. 2773. Restraint in arms sales to Sub-Saharan Africa. 2774. Foreign military sales credit standards. 2775. Foreign military sales to less developed countries. 2776. Reports and certifications to Congress on military exports. 2776a. Repealed. 2777. Fiscal provisions relating to foreign military sales credits. 2778. Control of arms exports and imports. 2778a. Exportation of uranium depleted in the isotope 235. 2779. Fees of military sales agents. 2779a. Prohibition on incentive payments. 2780. Transactions with countries supporting acts of international terrorism. 2781. Transactions with countries not fully co- operating with United States antiterrorism efforts. SUBCHAPTER III–A—END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE SERVICES 2785. End-use monitoring of defense articles and defense services. SUBCHAPTER IV—GENERAL, ADMINISTRATIVE, AND MISCELLANEOUS PROVISIONS 2791. General provisions. 2792. Administrative expenses. 2793. Othe

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