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22 U.S.C. § 10422 — Priority for Australia and the United Kingdom in foreign military sales and direct commercial sales
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2761&num=0&edition=prelim) 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 secti
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Source file: Laws/federal/codes/united-states-code/title-22/section-10422-priority-for-australia-and-the-united-kingdom-in-foreign-military-sales--1f4520b8b7.md
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Source location: Title 22, Chapter 111, § 10422; chapter-111-australia-united-kingdom-and-united-states-aukus-security-partnership.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2761&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligible countries or international organizations; basis of payment; valuation of certain defense articles**
(1) The President may sell defense articles and defense services from the stocks of the Department of Defense and the Coast Guard to any eligible country or international organization if such country or international organization agrees to pay in United States dollars—
(A) in the case of a defense article not intended to be replaced at the time such agreement is entered into, not less than the actual value thereof;
(B) in the case of a defense article intended to be replaced at the time such agreement is entered into, the estimated cost of replacement of such article, including the contract or production costs less any depreciation in the value of such article; or
(C) in the case of the sale of a defense service, the full cost to the United States Government of furnishing such service, except that in the case of training sold to a purchaser who is concurrently receiving assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 [[22 U.S.C. 2347](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2347&num=0&edition=prelim) et seq.] or to any high-income foreign country (as described in that chapter), only those additional costs that are incurred by the United States Government in furnishing such assistance.
(2) For purposes of subparagraph (A) of paragraph (1), the actual value of a naval vessel of 3,000 tons or less and 20 years or more of age shall be considered to be not less than the greater of the scrap value or fair value (including conversion costs) of such vessel, as determined by the Secretary of Defense.
**(b) Time of payment** Except as provided by subsection (d) of this section, payment shall
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2761
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Report on instruments**
(1) **In general** — Not later than 30 days after the signature, conclusion, or other finalization of any non-binding instrument related to the AUKUS partnership, the President shall submit to the appropriate congressional committees the text of such instrument.
(2) **Non-duplication of efforts; rule of construction** — To the extent the text of a non-binding instrument is submitted to the appropriate congressional committees pursuant to paragraph (1), such text does not need to be submitted to Congress pursuant to [section 112b(a)(1)(A)(ii) of title 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title1-section112b/a/1/A/ii&num=0&edition=prelim), as amended by section 5947 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 3476). Paragraph (1) shall not be construed to relieve the executive branch of any other requirement of [section 112b of title 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title1-section112b&num=0&edition=prelim), as so amended, or any other provision of law.
(3) **Definitions** — In this subsection:
(A) *In general* — The term “text”, with respect to a non-binding instrument, includes—
(i) any annex, appendix, codicil, side agreement, side letter, or any document of similar purpose or function to the aforementioned, regardless of the title of the document, that is entered into contemporaneously and in conjunction with the non-binding instrument; and
(ii) any implementing agreement or arrangement, or any document of similar purpose or function to the aforementioned, regardless of the title of the document, that is entered into contemporaneously and in conjunction with the non-binding instrument.
(B) *Contempor
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 10421
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Federal law — U.S. Code and appendices · legal_authorities
Page 2338
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 10422
the United Kingdom to transfer defense articles
and services under section 2761 of this title re-
lated to AUKUS to receive expedited consider-
ation and processing relative to all other letters
of request other than from Taiwan and Ukraine.
(b) Technology transfer policy for Australia, Can-
ada, and the United Kingdom
(1) In general
The Secretary of State, in consultation with
the Secretary of Defense, shall create an an-
ticipatory release policy for the transfer of
technologies described in paragraph (2) to Aus-
tralia, 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 associ-
ated with submarine and associated combat
systems; and
(B) Pillar Two-related technologies, in-
cluding hypersonic missiles, cyber capabili-
ties, artificial intelligence, quantum tech-
nologies, undersea capabilities, and other
advanced technologies.
(3) Expedited decision-making
Review of a transfer under the policy estab-
lished 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 inter-
agency policies and implementation guidance
related to requests for Foreign Military Sales
and Direct Commercial Sales, including by in-
corporating the anticipatory release provisions
of this section.
(Pub. L. 118–31, div. A, title XIII, § 1341, Dec. 22,
2023, 137 Stat. 509.)
§ 10422. Identification and pre-clearance of plat-
forms, techn
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 10422
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.