22 USC 2767 - Authority of President to enter into cooperative projects with friendly foreign countries

U.S Code last checked for updates: Dec 13, 2025

§ 2767.

Authority of President to enter into cooperative projects with friendly foreign countries

(a)

Authority of President

(b)

Definitions

As used in this section—

(1)

the term “cooperative project”, in the case of an agreement with the North Atlantic Treaty Organization or with one or more member countries of that Organization, means a jointly managed arrangement, described in a written agreement among the parties, which is undertaken in order to further the objectives of standardization, rationalization, and interoperability of the armed forces of North Atlantic Treaty Organization member countries and which provides—

(A)

for one or more of the other participants to share with the United States the costs of research on and development, testing, evaluation, or joint production (including follow-on support) of certain defense articles;

(B)

for concurrent production in the United States and in another member country of a defense article jointly developed in accordance with subparagraph (A); or

(C)

for procurement by the United States of a defense article or defense service from another member country or for procurement by the United States of munitions from the North Atlantic Treaty Organization or a subsidiary of such organization;

(2)

the term “cooperative project”, in the case of an agreement entered into under subsection (j), means a jointly managed arrangement, described in a written agreement among the parties, which is undertaken in order to enhance the ongoing multinational effort of the participants to improve the conventional defense capabilities of the participants and which provides—

(A)

(B)

for concurrent production in the United States and in the country of another participant of a defense article jointly developed in accordance with subparagraph (A); or

(C)

for procurement by the United States of a defense article or defense service from another participant to the agreement; and

(3)

the term “other participant” means a participant in a cooperative project other than the United States.

(c)

Agreements for equitable share of costs; limiting nature of agreements

(d)

Contractual or other obligation; preconditions

(e)

Waiver of charges; administrative surcharges

(1)

For those cooperative projects entered into on or after the effective date 1

 See References in Text note below.

of the International Security and Development Cooperation Act of 1985, the President may reduce or waive the charge or charges which would otherwise be considered appropriate under section 2761(e) of this title in connection with sales under sections 2761 and 2762 of this title when such sales are made as part of such cooperative project, if the other participants agree to reduce or waive corresponding charges.

(2)

Notwithstanding provisions of section 2761(e)(1)(A) and section 2792(b) of this title, administrative surcharges shall not be increased on other sales made under this chapter in order to compensate for reductions or waivers of such surcharges under this section. Funds received pursuant to such other sales shall not be available to reimburse the costs incurred by the United States Government for which reduction or waiver is approved by the President under this section.

(f)

Transmission of numbered certification to Congress respecting proposed agreement; contents

Not less than 30 days before a cooperative project agreement is signed on behalf of the United States, the President shall transmit to the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the chairman of the Committee on Foreign Relations of the Senate, and the chairman of the Committee on Armed Services of the Senate, a numbered certification with respect to such proposed agreement, setting forth—

(1)

a detailed description of the cooperative project with respect to which the certification is made;

(2)

an estimate of the quantity of the defense articles expected to be produced in furtherance of such cooperative project;

(3)

an estimate of the full cost of the cooperative project, with an estimate of the part of the full cost to be incurred by the United States Government, including an estimate of the costs as a result of waivers of section 2

 So in original. Probably should be “sections”.

2761(e)(1)(A) and 2792(b) of this title, for its participation in such cooperative project and an estimate of that part of the full costs to be incurred by the other participants;

(4)

an estimate of the dollar value of the funds to be contributed by the United States and each of the other participants on behalf of such cooperative project;

(5)

a description of the defense articles and defense services expected to be contributed by the United States and each of the other participants on behalf of such cooperative project;

(6)

a statement of the foreign policy and national security benefits anticipated to be derived from such cooperative project; and

(7)

to the extent known, whether it is likely that prime contracts will be awarded to particular prime contractors or that subcontracts will be awarded to particular subcontractors to comply with the proposed agreement.

(g)

Reporting and certification requirements applicable

(h)

Statutory provisions applicable to sales

(i)

Agreements entered into before October 1, 1985

(1)

With the approval of the Secretary of State and the Secretary of Defense, a cooperative agreement which was entered into by the United States before the effective date ¹ of the amendment to this section made by the International Security and Development Cooperation Act of 1985 and which meets the requirements of this section as so amended may be treated on and after such date as having been made under this section as so amended.

(2)

Notwithstanding the amendment made 4

 So in original. The word “made” probably should not appear.

to this section made by the International Security and Development Cooperation Act of 1985, projects entered into under the authority of this section before the effective date ¹ of that amendment may be carried through to conclusion in accordance with the terms of this section as in effect immediately before the effective date ¹ of that amendment.

(j)

Cooperative project agreements with friendly foreign countries not members of NATO

(1)

The President may enter into a cooperative project agreement with any friendly foreign country not a member of the North Atlantic Treaty Organization under the same general terms and conditions as the President is authorized to enter into such an agreement with one or more member countries of the North Atlantic Treaty Organization if the President determines that the cooperative project agreement with such country would be in the foreign policy or national security interests of the United States.

(2)

Omitted.

(Pub. L. 90–629, ch. 2, § 27, as added Pub. L. 96–92, § 15,

cite as: 22 USC 2767