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 (U.S.) and promote world peace;

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) has first been obtained;

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 U.S.; and

The country or international organization is otherwise eligible to purchase or lease defense articles or defense services.

Source: Foreign Assistance Act of 1961, as amended (FAA) section 503(a) (22 U.S.C. 2311), and AECA section 3(a) (22 U.S.C. 2753).

When the President finds that any economically less-developed country is diverting development assistance to military expenditures or is diverting its own resources to unnecessary military expenditures to a degree that materially interferes with its development, such country will be immediately ineligible for further sales and guarantees until the President is assured that such diversion will no longer take place. (AECA section 35 (22 U.S.C. 2775)). Applies to sales, credits, and guaranties subsequent to such a determination; existing sales, credits, and guaranties need not be terminated.

The United States shall not provide any assistance to any country if the Secretary of State determines that the government of that country: repeatedly provided support to international terrorists (FAA section 620A (22 U.S.C. 2371)); provided assistance or military equipment to the government of any country for which the Secretary has made a determination under FAA section 620A, sections 620G (22 U.S.C. 2377) and 620H, (22 U.S.C. 2378)); knowingly transferred Man-Portable Air Defense Systems (MANPADs) to a government or organization that supports terrorism. (Section 12, P.L.109-472, Section 12 – Statement of Policy); or granted sanctuary from prosecution to any individual or group which has committed an act of international terrorism or otherwise supports international terrorism (Section 7022, P.L. 111-8). The President may waive the application of Section 7022 to a country if the he determines that national security or humanitarian reasons justify a waiver.

No assistance shall be furnished to any Communist country unless the President exercises the waiver authority under FAA section 614(a) (22 U.S.C. 2364), and reports to Congress that such assistance is vital to the security of the U.S. and promotes the independence of the recipient country from international communism. (FAA section 620(f), (22 U.S.C. 2370)).

No assistance shall be provided to the government of any country which is indebted to any U.S. citizen or person for goods or services furnished (where available legal remedies are exhausted, the debt is not denied or contested, etc.) (FAA section 620(c) (22 U.S.C. 2370)).

The President shall suspend assistance to the government of any country when the government has nationalized, expropriated, or seized U.S. property, or have imposed discriminatory taxes. Assistance shall also be suspended if a country has initiated steps to repudiate or nullify existing agreements with U.S. citizens or entities without taking proper compensatory action (FAA section 620(e) (22 U.S.C. 2370)).

Any assistance to any country shall be terminated if such country uses equipment and/or services in substantial violation of an agreement between the U.S. and that Government FAA section 505(d) (22 U.S.C. 2314) ( and AECA section 3(c) (22 U.S.C. 2753)).

No assistance shall be furnished to any country which is in default in payment to the USG on interest or principal on any FAA-authorized loan in excess of six months (FAA section 620(q) (22 U.S.C. 2370)).

Fifty percent of U.S. assistance shall be withheld for any country determined to be a major illicit drug producing or drug transiting country and to have failed to take adequate steps to include preventing such drugs from being produced or transported, sold to USG personnel or their dependents, or from being smuggled into the United States (FAA section 490(a) (22 U.S.C. 2291j)).

No assistance may be used to provide assistance to any country that the President determines delivers or receives nuclear enrichment or reprocessing equipment, material, or technology [and has not entered into an agreement with the International Atomic Energy Agency (IAEA) to place all such equipment under an IAEA safeguards system], or transfers a nuclear device to a non-nuclear-weapon state (AECA sections 101-103 (22 U.S.C. 2799aa-aa2)). Often referred to as the Symington-Glenn Amendment.

No assistance may be provided to any country in default in payment to the USG on interest or principal for a period of more than one calendar year on any foreign assistance or loan (e.g., a development assistance, FMF, or ESF loan), (Section 7012, P.L. 111-8). (Renewed in the annual S/FOAA, and commonly referred to as the Brooke Amendment.)

No assistance shall be furnished to any country when it is made known to the President that the government of such country prohibits or otherwise restricts, directly or indirectly, the transport or delivery of U.S. humanitarian assistance (FAA section 620I (22 U.S.C. 2378-1)).

No assistance shall be furnished to any country which severs diplomatic relations with the U.S. or with which the U.S. severs such relations (FAA section 620(t) (22 U.S.C. 2370)).

No letters of offer may be issued, no credits or guarantees may be extended, and no export licenses may be issued to any country determined by the President to be engaged in a consistent pattern of acts of intimidation or harassment directed against individuals in the U.S. (AECA section 6 (22 U.S.C. 2756)).

No assistance may be provided to any country that does not comply with minimum standards for the elimination of trafficking in persons and is not making significant efforts to bring itself into compliance with such standards (P.L. 106-386, Section 110. See also FAA section 134 (22 U.S.C. 2152d)).

No assistance may be provided to any country that does not agree that assistance provided by the United States shall be exempt from taxation, or reimbursed, by the foreign government (Section 7013, P.L. 111-8).

No assistance may be provided to any country that is clearly identified as having governmental armed forces or government-supported armed groups, including paramilitaries, militias, or civil defense forces, that recruit and use child soldiers (Section 404(a), P.L.110-457).

No sales should be made, and no credits or guarantees extended to or for any country, the laws, regulations, official policies, or governmental practices of which prevent any U.S. person from participating in the provision of defense articles/services on the basis of race, religion, national origin, or sex (FAA section 505(g), (22 U.S.C. 2314)). A similar provision prohibits military sales, sales credits, or guarantees (AECA section 5 (22 U.S.C. 2755)).

No assistance shall be furnished to any country whose duly elected head of government is deposed by military coup or decree (Section 7008, P.L. 111-8).

No security assistance may be furnished to any country the government of which engages in a consistent pattern of gross violations of internationally recognized human rights (FAA section 502B (22 U.S.C. 2304)).