Guide
When must a Direct Commercial Sale be notified to Congress?
Before the Department of State issues an export license for a of of $14M or more, or of other defense articles or services of $50M or more, it must send Congress a numbered certification under section 36(c) of the . For members, Australia, Israel, Japan, the Republic of Korea and New Zealand the thresholds are $25M and $100M; for firearms on Category I of the U.S. the threshold is $1M for any country.
When must a Direct Commercial Sale be notified to Congress?
Thirty days before the issuance of any export license for of $14 million or more or other defense articles or services of $50 million or more, the President (delegated to the Secretary of ) shall submit a numbered certification to the Congress. Although is managed day-to-day by PM/DDTC, the Assistant Secretary of for Legislative Affairs provides the congressional notifications required for . These notifications are to be published in the Federal Register. Dollar thresholds for notification for countries, Japan, Australia, Republic of Korea, Israel, and New Zealand are $25 million and $100 million, respectively. Unless the certification states that an emergency exists, an export license for the items shall not be issued within a thirty calendar day Congressional review period. Further, such license shall not be issued if the Congress, within such thirty-day period, adopts a objecting to the export. The congressional review period for , members, Australia, Japan, Republic of Korea, Israel, and New Zealand is fifteen days as in the process.
The licensing of any category I small arms (weapons of .50 caliber or less) valued at $1 million or more for any country must also be notified to Congress and is subject to the fifteen- or thirty-day objection process [Section 36(c), ]. It should be noted that this small threshold for arms notification does not apply to the process.
References
SAMM
- SAMM C5.7.1 — Definition and Purpose.
Public authorities
Facts referenced
- 36(c) commercial export license threshold, major defense equipment — all other countries and international organizations — $14M (as of 27 September 2026)
- 36(c) commercial export license threshold, other defense articles or defense services — all other countries and international organizations — $50M (as of 27 September 2026)
- 36(c)(5) commercial export license threshold, major defense equipment — NATO members, Australia, Japan, Republic of Korea, Israel, New Zealand — $25M (as of 27 September 2026)
- 36(c)(5) commercial export license threshold, other defense articles or defense services — NATO members, Australia, Japan, Republic of Korea, Israel, New Zealand — $100M (as of 27 September 2026)
- 36(c) commercial export license threshold, firearms controlled under USML Category I — any country — $1M (as of 27 September 2026)
Related
Commercial Sale
See Direct Commercial Sale.
SAMM Glossary, as of 12 September 2026
Glossary entry →Open the manual’s entry → (opens in new tab)
Major Defense Equipment (MDE)
Any item of Significant Military Equipment on the U.S. Munitions List having a nonrecurring research and development cost of more than $50 million or a total production cost of more than $200 million. Also defined in section 47 (6), Arms Export Control Act.
SAMM Glossary, as of 12 September 2026
Glossary entry →Open the manual’s entry → (opens in new tab)
Arms Export Control Act (AECA)
The basic U.S. law providing the authority and general rules for the conduct of Foreign Military Sales and commercial sales of defense articles, defense services, and training. The Arms Export Control Act (AECA) came into existence with the passage of the Foreign Military Sales Act (FMSA) of 1968. An amendment in the International Security Assistance and AECA of 1976 changed the name of FMSA to the AECA.
SAMM Glossary, as of 12 September 2026
Glossary entry →Open the manual’s entry → (opens in new tab)
Munitions List
The U.S. Munitions List is an enumeration of defense articles and defense services and is published in the Department of State's International Traffic in Arms Regulations.
SAMM Glossary, as of 12 September 2026
Glossary entry →Open the manual’s entry → (opens in new tab)
MDE — Major Defense Equipment
SAMM Acronyms, as of 12 September 2026
DCS — Direct Commercial Sales
SAMM Acronyms, as of 12 September 2026
Joint Resolution
A legislative resolution, designated H J Res (House) or S J Res (Senate) which requires the approval of both houses and the signature of the President, just as a bill does, and which has the force of law if approved. There is no practical difference between a bill and a joint resolution. A joint resolution generally is used to deal with a limited matter such as a single appropriation. Congressional rejection of a proposed arms transfer, lease, third country transfer, or a proposed international cooperative project takes the form of a joint resolution of disapproval.
SAMM Glossary, as of 12 September 2026
Glossary entry →Open the manual’s entry → (opens in new tab)
FMS — Foreign Military Sale
SAMM Acronyms, as of 12 September 2026
AECA — Arms Export Control Act
SAMM Acronyms, as of 12 September 2026
Letter of Offer and Acceptance (LOA)
The legal instrument used by the USG to transfer itemized defense articles, defense services, and design and construction services to foreign partners.
When used under the authorities provided in the Arms Export Control Act for Foreign Military Sales, the LOA is a binding agreement signed by the USG and the foreign partner to transfer such articles and services.
When used under Building Partnership Capacity (BPC) authorities, the BPC LOA is not signed by the Benefitting Partner.
SAMM Glossary, as of 12 September 2026
Glossary entry →Open the manual’s entry → (opens in new tab)
LOA — Letter of Offer and Acceptance
SAMM Acronyms, as of 12 September 2026
SAMM — Security Assistance Management Manual
SAMM Acronyms, as of 12 September 2026
Glossary entry →Security Assistance Management Manual (SAMM) →