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10 U.S.C. § 2350c — Cooperative military airlift agreements: allied countries
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to the availability of appropriations, and after consultation with the Secretary of State, the Secretary of Defense may enter into cooperative military airlift agreements with the government of any allied country for the transportation of the personnel and cargo of the military forces of that country on aircraft operated by or for the military forces of the United States in return for the reciprocal transportation of the personnel and cargo of the military forces of the United States on aircraft operated by or for the military forces of that allied country. Any such agreement shall include the following terms:
(1) The rate of reimbursement for transportation provided shall be the same for each party and shall be not less than the rate charged to military forces of the United States, as determined by the Secretary of Defense under [section 2208(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2208/h&num=0&edition=prelim).
(2) Credits and liabilities accrued as a result of providing or receiving transportation shall be liquidated 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.
(3) During peacetime, the only military airlift capacity that may be used to provide transportation is that capacity that (A) is not needed to meet the transportation requirements of the military forces of the country providing the transportation, and (B) was not created solely to accommodate the requirements of the military forces of the country receiving the transportation.
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Source location: Title 10, Chapter 138, § 2350c; chapter-138-cooperative-agreements-with-nato-allies-and-other-countries.md
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**(a)** Subject to the availability of appropriations, and after consultation with the Secretary of State, the Secretary of Defense may enter into cooperative military airlift agreements with the government of any allied country for the transportation of the personnel and cargo of the military forces of that country on aircraft operated by or for the military forces of the United States in return for the reciprocal transportation of the personnel and cargo of the military forces of the United States on aircraft operated by or for the military forces of that allied country. Any such agreement shall include the following terms:
(1) The rate of reimbursement for transportation provided shall be the same for each party and shall be not less than the rate charged to military forces of the United States, as determined by the Secretary of Defense under [section 2208(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2208/h&num=0&edition=prelim).
(2) Credits and liabilities accrued as a result of providing or receiving transportation shall be liquidated 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.
(3) During peacetime, the only military airlift capacity that may be used to provide transportation is that capacity that (A) is not needed to meet the transportation requirements of the military forces of the country providing the transportation, and (B) was not created solely to accommodate the requirements of the military forces of the country receiving the transportation.
(4) Defense articles purchased by an allied country from the United States under 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.) or from a commercial source under the export controls of the Arms Export Control Act may not be transported (for the purpose of delivery incident to the purchase of the defense articles) to the purchasing allied country on aircraft operated by or for the military forces of the United States except at a rate of reimbursement that is equal to the full cost of transportation of the defense articles, as required by section 21(a)(3) of the Arms Export Control Act ([22 U.S.C. 2761(a)(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2761/a/3&num=0&edition=prelim)).
**(b)** Subject to the availability of appropriations, and after consultation with the Secretary of State, the Secretary of Defense may enter into nonreciprocal military airlift agreements with North Atlantic Treaty Organization subsidiary bodies for the transportation of the personnel and cargo of such subsidiary bodies on aircraft operated by or for the military forces of the United States. Any such agreement shall be subject to such terms as the Secretary of Defense considers appropriate.
**(c)** Any amount received by the United States as a result of an agreement entered into under this section shall be credited to applicable appropriations, accounts, and funds of the Department of Defense.
**(d)** In this section:
(1) The term “allied country” means any of the following:
(A) A country that is a member of the North Atlantic Treaty Organization.
(B) Australia, New Zealand, Japan, and the Republic of Korea.
(C) Any other country designated as an allied country for the purposes of this section by the Secretary of Defense with the concurrence of the Secretary of State.
(2) The term “North Atlantic Treaty Organization subsidiary bodies” has the meaning given to it by [section 2350 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2350&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) The term “logistic support, supplies, and services” means food, billeting, transportation (including airlift), petroleum, oils, lubricants, clothing, communications services, medical services, ammunition, base operations support (and construction incident to base operations support), storage services, use of facilities, training services, spare parts and components, repair and maintenance services, calibration services, and port services. Such term includes temporary use of general purpose vehicles and other nonlethal items of military equipment which are not designated as significant military equipment on the United States Munitions List promulgated pursuant to section 38(a)(1) of the Arms Export Control Act.
(2) The term “North Atlantic Treaty Organization subsidiary bodies” means—
(A) any organization within the meaning of the term “subsidiary bodies” in article I of the multilateral treaty on the Status of the North Atlantic Treaty Organisation, National Representatives and International Staff, signed at Ottawa on September 20, 1951 (TIAS 2992; 5 UST 1087); and
(B) any international military headquarters or organization to which the Protocol on the Status of International Military Headquarters Set Up Pursuant to the North Atlantic Treaty, signed at Paris on August 28, 1952 (TIAS 2978; 5 UST 870), applies.
(3) The term “military region” means the geographical area of responsibility assigned to the commander of a unified combatant command (excluding Europe and adjacent waters).
(4) The term “transfer” means selling (whether for payment in currency, replacement-in-kind, or exchange of supplies or services of equal value), leasing, loaning, or otherwise temporarily providing logistic support, supplies, and services under the terms of a
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Federal law — U.S. Code and appendices · legal_authorities
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
### Statutory Notes
#### Prior Provisions
A prior section 2213 was renumbered [section 2350c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2350c&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2213
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Federal law — U.S. Code and appendices · legal_authorities
Page 1893
TITLE 10—ARMED FORCES
§ 2350c
Subsec. (a)(1). Pub. L. 99–661, § 1103(b)(1)(A), struck
out ‘‘North Atlantic Treaty Organization (NATO)’’ be-
fore ‘‘cooperative projects’’.
Subsec. (c)(2). Pub. L. 99–661, § 1103(b)(1)(B), struck out
‘‘NATO’’ after ‘‘will significantly further’’.
Subsec. (e). Pub. L. 99–661, § 1103(b)(1)(C), struck out
‘‘NATO’’ after ‘‘will significantly further’’ in par. (1)
and after ‘‘United States) in a’’ in par. (2).
Subsec. (g)(2). Pub. L. 99–661, § 1343(a)(15), substituted
‘‘section 2631 of this title and section 901(b) of the Mer-
chant Marine Act, 1936 (46 U.S.C. App. 1241(b))’’ for ‘‘the
Military Cargo Preference Act of 1904 (10 U.S.C. 2631)
and the Cargo Preference Act of 1954 (46 U.S.C.
1241(b))’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment by Pub. L. 116–283 effective Jan. 1, 2022,
with additional provisions for delayed implementation
and applicability of existing law, see section 1801(d) of
Pub. L. 116–283, set out as a note preceding section 3001
of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
For effective date and applicability of amendment by
section 4321(b)(10) of Pub. L. 104–106, see section 4401 of
Pub. L. 104–106, set out as a note under section 2220 of
this title.
§ 2350c. Cooperative military airlift agreements:
allied countries
(a) Subject to the availability of appropria-
tions, and after consultation with the Secretary
of State, the Secretary of Defense may enter
into cooperative military airlift agreements
with the government of any allied country for
the transportation of the personnel and cargo of
the military forces of that country on aircraft
operated by or for the military forces of the
United States in return for the reciprocal trans-
porta
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2350c
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2751
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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
Page 1207
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2761
State when executive orders, regulations, or depart-
mental directives implementing the amendments by
sections 161 and 162 of Pub. L. 103–236 become effective,
or 90 days after Apr. 30, 1994, whichever comes earlier,
see section 161(b) of Pub. L. 103–236, as amended, set out
as a note under section 2651a of this title.
Executive Documents
DELEGATION OF FUNCTIONS
For delegation of functions of the President under
this section, see section 1(b) 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.
§ 2756. Foreign intimidation and harassment of
individuals in United States
No letters of offer may be issued, no credits or
guarantees may be extended, and no export li-
censes may be issued under this chapter with re-
spect to any country determined by the Presi-
dent to be engaged in a consistent pattern of
acts of intimidation or harassment directed
against individuals in the United States. The
President shall report any such determination
promptly to the Speaker of the House of Rep-
resentatives, the Committee on Foreign Affairs
of the House of Representatives, and to the
chairman of the Committee on Foreign Rela-
tions of the Senate.
(Pub. L. 90–629, ch. 1, § 6, as added Pub. L. 97–113,
title I, § 115, Dec. 29, 1981, 95 Stat. 1528; amended
Pub. L. 113–276, title II, § 208(a)(1), Dec. 18, 2014,
128 Stat. 2992.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub.
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