Guide

Can a purchaser inspect Excess Defense Articles before transfer?

Updated 30 September 2026Checked against the SAMM: 26 September 2026

Yes. Partners are encouraged to inspect Excess Defense Articles before delivery in a Joint Visual Inspection. The partner asks the Implementing Agency in writing and pays for its own participation, and the Implementing Agency must give DSCA and the Department of State written notice at least 30 days before the inspection. An inspection is not a promise to transfer the item, and an offered item can still be withdrawn before title passes. Whether an inspection may take place before DSCA approves the transfer is stated differently in two places in the manual, both quoted below.

Can a purchaser inspect Excess Defense Articles before transfer?

SAMM AP8.EDA.2.4 — Joint Visual Inspection of Excess Defense Articles.

Partners are encouraged to inspect EDA prior to delivery. A partner can conduct an inspection before or after an EDA transfer has been authorized. If an inspection occurs before the transfer is authorized, the IA must make every reasonable effort to ensure the partner understands that conducting the inspection is not a promise or guarantee by the USG to transfer the inspected item. Partners must pay for their participation in a Joint Visual Inspection (JVI). Partners can request a JVI by submitting a written request to the appropriate IA. IAs must provide written notice to DSCA and State at least 30 days prior to conducting the JVI. This provides an opportunity for DSCA and State to ensure that performing the JVI is consistent with U.S. national security and foreign policy. The notice must include the partner name, the item(s) to be inspected, and the known or approximate dates when the JVI will occur. The IAs must send the notice to the DSCA Country Portfolio Director, the DSCA EDA Program Manager, and the Department of State, Bureau of Political-Military Affairs (State (PM)) by email ([email protected]).

Synced 30 September 2026 · View on samm.dsca.mil

SAMM AP8.EDA.2.5.2 — Offer Termination.

U.S. Forces' unforeseen urgent requirements for excess items may arise after they are offered to a partner but before title of the EDA items has transferred to the partner. When items previously offered are no longer available, the IA must notify DSCA and the Office of the Under Secretary of Defense for Policy (OUSD(P)). Withdrawal of the offer occurs only after OUSD(P) has the opportunity to weigh U.S. requirements against the potential damage to national security and foreign policy goals if the EDA transfer is cancelled. If OUSD(P) agrees that U.S. requirements outweigh the potential damage to national security and foreign policy goals, then DSCA will advise the State that the offer is being withdrawn. If OUSD(P) determines that U.S. requirements do not outweigh the potential damage to foreign policy goals, then the issue will be elevated to Secretary of Defense (SECDEF) for decision under the procedures outlined in Section C6.4.6.

Synced 30 September 2026 · View on samm.dsca.mil

References

Drawn exclusively from publicly available authorities.

SAMM

SAMM AP8.EDA.2.4 — Joint Visual Inspection of Excess Defense Articles.
SAMM C5.6.5.4.10.8
SAMM AP8.EDA.2.5.2 — Offer Termination.

Facts referenced

Excess Defense Articles Joint Visual Inspection — minimum written notice the Implementing Agency gives DSCA and State before the inspection — 30 days (as of 30 September 2026) — SAMM AP8.EDA.2.4

GuideWhen does title transfer in a Foreign Military Sale?GuideWhat do the standard terms of a Letter of Offer and Acceptance mean?

Can a purchaser inspect Excess Defense Articles before transfer?

Can a purchaser inspect Excess Defense Articles before transfer?

References

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