Guide

How is a Foreign Military Sales shipment cleared for export from the United States?

Updated 29 September 2026Checked against the SAMM: 26 September 2026

A Foreign Military Sales shipment leaves the United States without an export license, under the government-to-government exemptions in the arms export regulations, but every shipment of hardware still needs Electronic Export Information filed in the Automated Export System. Who files it depends on who arranges the move: the DoW activity for Defense Transportation System shipments, the freight forwarder for shipments it arranges, and a purchaser acting as its own forwarder for its own. Customs decrements each shipment from the case's exportable value and stops shipments once that value is used up.

Which exemption applies

Who files the export information

When the DoW ships security cooperation materiel through the DTS, the shipment usually moves through a DoW port, and there is no commercial freight forwarder involved. However, in recent years, the DTS system has been expanded to include commercial airlift or surface shipments contracted by DoW shippers to move FMS purchases directly to overseas destinations. These shipments are usually made through commercial ports. As a result of heightened security and an increased concern over technology transfer and export controls, the U.S. Customs and Border Protection (CBP) inspectors now require the DoW to certify the value of FMS export authorizations.

In accordance with SAMM C7.17, Electronic Export Information (EEI) is filed electronically at the U.S. port using the Automated Export System (AES), a Census Bureau tracking system for exports licensed by either the DOS or the Department of Commerce. An AES transaction is processed each time a shipment occurs, and the value of the shipment is decremented by CBP. The DoW shipper is responsible for reporting shipments via AES for service-owned materiel shipped entirely through DTS. For depot stock materiel, the shipper is the DLA. For FMS materiel coming from procurement and shipped entirely through DTS, the Defense Contract Management Agency is responsible for reporting via AES. When the shipment is made via a freight forwarder and not through DTS, the freight forwarder reports the shipment via AES. When documents, technical data packages, or digital media are mailed by the case manager or program office to the FMS purchaser, the IA is required to report the export via the AES. The AES transaction by the IA is required regardless of where the item is delivered. Delivery to an FMS customer’s embassy still constitutes an export, which must be reported via AES. Specific export document preparation and filing instructions are provided in the SAMM, Chapter 7.

SAMM C3.3.3.1 — Export Requirements for Department of Defense-Sponsored Shipments.

Exports are conducted pursuant to ITAR, Part 126. When classified materiel is involved, a Transportation Plan is required in accordance with ITAR, Part 126.6(c)(6). See Chapter 7 for procedures. Exports of FMS materiel through the Defense Transportation System (DTS) require entry of the Electronic Export Information (EEI) into the Automated Export System (AES). If a continental United States (CONUS)-located shipping activity offers shipments directly to commercial air carriers for lift to a purchaser's country, it may be necessary for the shipper to prepare the EEI to enable the materiel to depart CONUS. Item 16 in the EEI must contain "M"s to identify the materiel as FMS exports. The Census Bureau maintains a web page and customer assistance phone number to assist shippers with EEI preparation.

Synced 11 September 2026 · View on samm.dsca.mil

SAMM C3.3.3.4.2 — United States Customs Clearance Requirements for Purchaser-Sponsored Shipments.

The purchaser or its designated FMS freight forwarder must obtain customs clearances for FMS materiel exported from the United States. The purchaser's representative or freight forwarder prepares EEI using AES. EEIs must be filed with and authenticated by U.S. CBP at the primary port of exit. Laws and regulations concerning customs-related requirements for legally exporting USML items, including certain services and technical information are found on the DDTC web page, AES Direct web site, and in 22 CFR 123.22 and 22 CFR 126.6. All exports of FMS materiel from the United States must be reported to the U.S. DOC, as required by current Federal statutes or regulations.

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Exportable value

CBP considers the net value of the hardware and software listed above-the-line when calculating exportable value. This value excludes the administrative cost, transportation, technical services, training, and any other category for which a tangible item is not physically moved in or out of the U.S. When re-exporting materiel that has been returned for maintenance or overhaul, the value that should be decremented is the cost of the repair service, not the original acquisition value. Repair facilities and shippers should ensure that the repair cost is clearly stated on the invoice so that Customs decrements the cost of the repair as opposed to the original acquisition cost. If this is not done correctly, the remaining exportable value will be consumed too quickly, resulting in Customs stopping further exports after the case value reaches zero.

SAMM C7.T8 — Individual Shipment-Level Requirements for Export

Table C7.T8. Individual Shipment-Level Requirements for Export
#	Requirements
1	Electronic Export Information (EEI) on each shipment of hardware, whether classified or unclassified, must be reported to Customs and Border Protection (CBP) using the Automated Export System (AES). Shipments of technical data or services must comply with ITAR Section 123.22(b)(3) and cite the FMS case identifier. For DTS shipments, the DoD entity that is arranging DTS transportation is the exporter and must file the EEI in AES. For freight forwarder arranged shipments, the freight forwarder is the exporter and responsible for filing the EEI in AES. Foreign purchasers acting as their own freight forwarder are responsible for filing the EEI in AES.
2	If items from multiple FMS cases are included in the same shipment, the exporter must file a separate AES entry for each individual FMS case being decremented.
3	Invoices and shipping documentation (see Section C7.6.3. for examples) must be annotated to include the following: For DTS shipments, "This shipment is authorized for export pursuant to 22 CFR 126.6(a), under FMS case [insert case identifier]. The U.S. Government point of contact is ___________, telephone __________." For Freight Forwarder shipments or shipments exported directly by the recipient foreign government, "This shipment is authorized for export pursuant to 22 CFR 126.6(c), under FMS case [insert case identifier]. The U.S. Government point of contact is ___________, telephone __________."
4	CBP will decrement a shipment only after export information has been filed correctly using AES. As part of the AES filing, the exporter must provide the Internal Transaction Number (ITN) to CBP. The ITN is generated by AES as the system acceptance of the data submitted. The ITN data has successfully passed a series of basic edits and must be included on shipment documentation.
5	Export information for all shipments must be filed electronically in AES in accordance with the timelines established in 22 CFR 123.22(b). By air and truck, at least 8 hours prior to departure from the United States. By sea and rail, at least 24 hours prior to loading aboard ship at the port of exit.
6	The exportable value is based on the net value of all hardware and software provided on specific lines in the case. The exportable value of the case does not include accessorials or services. If there are questions about the exportable value on a case, please contact CBP officers at the port prior to shipment.
7	The EEI submission will decrement the case in CBP's systems. If the case is not decremented by the EEI, the shipment will be held until the EEI is corrected and the issue is resolved. Shipments in excess of the net case value are in violation of the export authorization and will be stopped and/or seized.

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References

Drawn exclusively from publicly available authorities.

SAMM

SAMM C7.17.1.1
SAMM C7.17.1.2
SAMM C3.3.3.1 — Export Requirements for Department of Defense-Sponsored Shipments.
SAMM C3.3.3.4.2 — United States Customs Clearance Requirements for Purchaser-Sponsored Shipments.
SAMM C7.T8 — Individual Shipment-Level Requirements for Export

GuideDo you need an export license for a Foreign Military Sale?GuideShould a Foreign Military Sales purchaser use a freight forwarder or the Defense Transportation System?GuideHow does Foreign Military Sales cargo clear customs in the purchaser's country?GuideHow does FMS repair and return work?GuideHow is classified materiel shipped in FMS?

How is a Foreign Military Sales shipment cleared for export from the United States?

Which exemption applies

Who files the export information

Exportable value

References

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