Guide

Who is eligible for grant Excess Defense Articles?

Q: Who is eligible for grant Excess Defense Articles?

All FMS eligible partners can purchase EDA. See Table C4.T2A.

Updated 30 September 2026Checked against the SAMM: 12 September 2026

Any country eligible for Foreign Military Sales can buy Excess Defense Articles. A grant is narrower: the country must have been justified to Congress for the fiscal year of the transfer, and it must first have agreed to blanket end-use, security, and retransfer assurances under Section 505 of the Foreign Assistance Act, exchanged through diplomatic notes. Eligibility guarantees no offer. NATO allies, Major Non-NATO Allies on NATO's southern and southeastern flank and the Philippines have priority in delivery; a country in default on a Foreign Assistance Act loan has its grants put on hold; and Leahy vetting applies.

Who is eligible for grant Excess Defense Articles?

SAMM GLOSSARY/major-non-north-atlantic-treaty-organization-nato-allies-mnna — Major Non-North Atlantic Treaty Organization (NATO) Allies (MNNA)

Major Non-North Atlantic Treaty Organization (NATO) Allies (MNNA)

Currently 19 countries are designated as MNNAs under 22 U.S.C. 2321k and 10 U.S.C. 2350a: Argentina, Australia, Bahrain, Brazil, Colombia, Egypt, Israel, Japan, Jordan, Kenya, Kuwait, Morocco, New Zealand, Pakistan, Philippines, Qatar, South Korea, Thailand, and Tunisia. In addition, P.L. 107-228 provides Taiwan shall be treated as an MNNA, without formal designation as such.

Source: https://www.state.gov/major-non-nato-ally-status/ 22 U.S.C. 2321k; 10 U.S.C. 2350a

Policy in force, not yet in the manual: 91 FR 59059 (ITAR final rule, 18 September 2026): “In § 120.23, the list of ‘major non-NATO allies’ is revised to add Saudi Arabia (91 FR 3017, January 13, 2026) and Peru (91 FR 3019, January 14, 2026.)”

Synced 12 September 2026 · View on samm.dsca.mil

SAMM AP8.EDA.2.5.3 — Limitation on Assistance to Partners in Default.

Foreign Assistance Act (FAA), Section 620(q) (22 U.S.C. 2370(q)) provides that no assistance under the FAA will be furnished to any partner in default of payment in excess of six months on any loan made under the FAA. Annual legislation in the Foreign Operations, Export Financing and Related Program Appropriations Act generally provides that no funds appropriated in that act will be used to provide assistance to any partner in default of payment in excess of one calendar year on any loan under a program funded by that act. For partners that are in default of payment in excess of six calendar months, absent a Presidential waiver, all grant EDA transactions for the affected partner are put on hold until the sanction is lifted. However, sales (vice grant) of EDA continue to be permitted under these sanctions.

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

References

Drawn exclusively from publicly available authorities.

SAMM

SAMM AP8.EDA.2.7.1 — Eligibility for Excess Defense Article Sales.
SAMM AP8.EDA.2.7.2 — Eligibility for Excess Defense Article Grants.
SAMM AP8.EDA.2.7.3 — Foreign Assistance Act, Section 505 Assurances for Grant Excess Defense Articles.
SAMM AP8.EDA.2.7.4.1 — Major Non-North Atlantic Treaty Organization Allies.
SAMM GLOSSARY/major-non-north-atlantic-treaty-organization-nato-allies-mnna — Major Non-North Atlantic Treaty Organization (NATO) Allies (MNNA)
SAMM AP8.EDA.2.5.3 — Limitation on Assistance to Partners in Default.
SAMM AP8.EDA.2.2 — Leahy Vetting.

Facts referenced

Grant Excess Defense Articles — the blanket assurances a recipient must have agreed to under FAA section 505 — end-use, security, and retransfer (as of 30 September 2026) — SAMM AP8.EDA.2.7.3

GuideWho can buy through Foreign Military Sales?GuideWhat is a major non-NATO ally?GuideWhat is Leahy vetting?