Guide

Who can buy through Foreign Military Sales?

Updated 3 October 2026Checked against the SAMM: 26 September 2026

A country or international organization may buy only after the President determines it eligible and it agrees to the statutory conditions on transfer, use and security. Eligibility is a preliminary finding: the Secretary of State still decides each sale.

Who can buy through Foreign Military Sales?

In order for SA to be provided to any country, it is required that such country first be deemed eligible to participate in U.S. SA programs. Such eligibility must be established by the President and is confirmed in a written Presidential Determination (PD). This requirement is outlined in Section 505(a) of the FAA (22 U.S.C. 2314(a)) and Section 3(a) of the AECA (22 U.S.C. 2753(a)). Further, grant military assistance or a sales program for any country may be authorized when the President finds that furnishing defense articles and services to such a country will strengthen U.S. security and promote world peace. Consequently, annual budgetary planning and programming for SA is generally limited to those countries in which PDs have determined eligibility.

SAMM C4.T1 — Presidential Determination Criteria for Foreign Military Sales Eligibility

Table C4.T1. Presidential Determination Criteria for Foreign Military Sales Eligibility
#	Eligibility Criteria
1	The President finds that the furnishing of defense articles and defense services to such country or international organization will strengthen the security of the United States and promote world peace;
2	The country or international organization has agreed not to transfer title to, or possession of, any defense article or related training or other defense service so furnished to it or produced in a cooperative project, to anyone not an officer, employee, or agent of that country or international organization, and not to use or permit the use of such an article or related training or other defense service for purposes other than those for which furnished, unless the consent of the President (Department of State (State)) has first been obtained;
3	The country or international organization has agreed that it shall maintain the security of such article or service and provide substantially the same degree of security protection afforded to such article by the United States; and
4	The country or international organization is otherwise eligible to purchase or lease defense articles or defense services.
Source: Foreign Assistance Act (FAA) of 1961, as amended, section 505(a) (22 U.S.C. 2314(a)), and Arms Export Control Act (AECA) section 3(a) (22 U.S.C. 2753(a)).	Source: Foreign Assistance Act (FAA) of 1961, as amended, section 505(a) (22 U.S.C. 2314(a)), and Arms Export Control Act (AECA) section 3(a) (22 U.S.C. 2753(a)).

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Such a determination is only a preliminary finding of eligibility and does not guarantee the approval of any specific requests for arms transfers or other assistance. A determination for a specific country needs to be made only once, and subsequent determinations for any country for which a determination was previously made are treated as amendments. Although budgetary planning considerations may include certain countries that are awaiting a favorable determination, no budgetary implementation for SA for such countries may occur until such determinations have been made.

SAMM C4.2.1 — Sales Determinations.

When the eligibility criteria in Section C4.1. have been met, the Secretary of State determines whether there will be a sale to a partner or international organization and the amount thereof, whether there will be a lease to a partner or international organization, and whether there will be any other delivery or performance under any sale or lease. See Appendix 8, Lease of Defense Articles for information on leases. For Building Partner Capacity (BPC) cases see Chapter 15 and Chapter 15-Legacy (for programs as identified in the Chapter 15 introduction. Decisions to issue licenses or approve sales under the Arms Export Control Act (AECA) or to furnish military assistance under the Foreign Assistance Act (FAA) must take into account the extent to which such exports, sales, or assistance contribute to an arms race, increase the possibility of outbreak or escalation of conflict, or prejudice the development of bilateral or multilateral arms control arrangements (FAA, section 511 (22 U.S.C. 2321d); see also AECA, section 38(a)(2) (22 U.S.C. 2778(a)(2)), and 42(a) (22 U.S.C. 2791(a)).

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SAMM C4.1.3.1

Defense articles and services are not generally sold to foreign purchasers under the AECA unless they are part of the national defense establishment, under the direction and control of the ministry responsible for defense matters. Prior DSCA and State approval must be obtained for the sale or lease of defense articles, defense services, or training to foreign organizations and personnel that are not part of the Defense Ministry. Requests should be directed to the State, Bureau of Political-Military Affairs, Office of Regional Security and Arms Transfers (State(PM/RSAT)) at [email protected] for host-nation funded items and [email protected] for grant items. DSCA and any relevant Implementing Agency (IA) should be informed of the request.

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References

Drawn exclusively from publicly available authorities.

SAMM

SAMM C4.T1 — Presidential Determination Criteria for Foreign Military Sales Eligibility
SAMM C4.2.1 — Sales Determinations.
SAMM C4.1.3.1

Pipeline stagePre-LOR — Requirements & Engagement GuideWho can submit a Letter of Request, and to whom?Pipeline stageLOR Assessment GuideFMS vs FMF: what is the difference?GuideWhat is a Foreign Assistance Act Section 607 sale?GuideWhy does the United States sell arms?

Who can buy through Foreign Military Sales?

Who can buy through Foreign Military Sales?

References

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