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What are the restrictions on using Foreign Military Financing?

Updated 27 September 2026Checked against the SAMM: 26 September 2026

Foreign Military Financing is limited by law and by policy. The lists items partners should generally not buy with it, such as fuel, food and office supplies, unless the Department of State approves an exception; credit-funded cargo must also travel on U.S.-flag ships and aircraft unless a waiver applies.

What are the restrictions on using Foreign Military Financing?

Expenditure of funds is subject to legal and policy restrictions. Organizations () must ensure that the international partners are aware of U.S. policies for the use of . should generally discourage international partners from using funding for those items identified in Table C9.T10. However, in certain circumstances, these items may be permitted to be purchased with funds if the Department determines that providing such items are critical to the mission, the bilateral relationship, or the defense articles or services are in direct support of coalition operations where U.S. forces are present. should initiate early discussion regarding requests to use funds (with (IOPS) and ). To facilitate review of these requests, should submit a detailed justification and rationale for purchasing each item with funds rather than host-nation funds and any other relevant facts in support of the request. This guidance applies to used for standard cases and Direct Commercial Contracts (DCCs).

All items purchased with credit must be transported by U.S. flag vessels when ocean transportation is used. credit agreements may contain provisions for certain waivers that, if approved, permit shipment of up to 50 percent of credit-funded cargo on vessels of the borrowing international partners, and, in certain instances, such cargo may be transported on vessels of a third country. Such waivers are discussed in C9.7.2.8.5 (Transporting Credit Funded Cargoes). credit funds cannot be used to pay the cost of transportation provided by a vessel of non-U.S. registry. credit may be used to pay air transportation costs only if U.S. flag aircraft are used. The Fly America Act (49 U.S.C. 40118) requires first preference for airlift of grant, credit, or guarantee-funded cargo be given to U.S. flag air carriers. Before using a foreign-flag carrier, a shipper or exporter must provide a written explanation to the as to why a U.S. carrier should not be used. If a U.S. carrier code-shares with a foreign carrier to deliver a shipment to an overseas airport, it is still considered carriage by a U.S. flagged carrier.

References

Drawn exclusively from publicly available authorities.

SAMM

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