Administration of Arms Export Controls and Foreign Assistance

This executive order delegates authority over arms export controls and foreign assistance between the Secretaries of State and Defense. It amends three prior executive orders (11958, 12163) to implement provisions from Public Law 104-164, primarily assigning the Secretary of State authority over commercial arms exports and the Secretary of Defense authority over Foreign Military Sales Program transactions and related reporting functions.

Federal Register Open PDF 63 FR 36153

Key directives

Delegate section 36(e) transmittal authority to Secretary of Defense (for 36(b)) and Secretary of State (for 36(c))
Delegate section 40A authority to Secretary of State (commercial exports) and Secretary of Defense (Foreign Military Sales Program)
Assign section 620G functions to Secretary of State with mandatory consultation with Secretary of Defense
Assign section 655 functions to Secretary of State (licensed exports) and Secretary of Defense (grant/sale/furnished items and IMET)

Who is ordered

Timeline

Immediate

EO takes effect upon signing; interagency consultation requirements for section 620G functions now active
delegation of section 40A authority to State and Defense effective

Near term (90d)

Agencies must adjust internal procedures to accommodate revised reporting and licensing workflows

Long term

Enduring structural allocation of arms export control authority between State and Defense
Ongoing implementation of section 655 reporting on defense articles and services

Risks & tensions

Potential interagency friction from mandatory 'consultation' requirement for section 620G without defined process
Split authority over section 40A between State and Defense could create jurisdictional ambiguity for hybrid transactions
Redesignation of subsections creates technical risk of citation errors in implementing regulations