Executive Order 14268

Reforming Foreign Defense Sales To Improve Speed and Accountability

Signed April 9, 2025, printed at 90 FR 15631. 4 sections of substance, 1,222 words.

In plain English

This order speeds up arms sales to allies. It says the old process took too long.

Sec. 1. Purpose

To serve the interests of the American people, the United States must maintain the world's strongest and most technologically advanced military through a dynamic defense industrial base, coupled with a robust network of capable partners and allies. A rapid and transparent foreign defense sales system that enables effective defense cooperation between the United States and our chosen partners is foundational to these objectives. Reforming this system would simultaneously strengthen the security capabilities of our allies and invigorate our own defense industrial base. This mutually reinforcing approach would enhance United States warfighting capabilities by fostering healthy American supply chains, domestic production levels, and technological development.

In plain English

This sets out the case the order makes. It says the armed forces need a strong industry behind them. It says allies are part of that. It says a fast sales system helps both. It says allies would be better armed. It says plants here would gain work.

Sec. 2. Policy

It is the policy of my Administration to: (a) Improve accountability and transparency throughout the foreign defense sales system to ensure predictable and reliable delivery of American products to foreign partners in support of United States foreign policy objectives. (b) Consolidate parallel decision-making when determining which military capabilities the United States will choose to provide, and to which countries. (c) Reduce rules and regulations involved in the development, execution, and monitoring of foreign defense sales and of transfer cases to ensure alignment with United States foreign policy objectives. (d) Increase government-industry collaboration to achieve cost and schedule efficiencies in the execution of the Foreign Military Sales (FMS) program. (e) Advance United States competitiveness abroad, revitalize the defense industrial base, and lower unit costs for the United

In plain English

This states the policy. Sales abroad must be quicker and easier to track. Decisions are to run side by side. Rules on such sales are to be cut back. Industry and government are to work together. The aim is lower unit costs and stronger plants here.

Sec. 3. Phased Implementation

(a) The Secretary of State and the Secretary of Defense shall promptly: (i) Implement National Security Presidential Memorandum 10 of April 19, 2018 (United States Conventional Arms Transfer Policy), or any successor policy directive. (ii) Reevaluate restrictions imposed by the Missile Technology Control Regime on Category I items and consider supplying certain partners with specific Category I items, in consultation with the Secretary of Commerce. (iii) Submit a joint letter to the Congress proposing an update to statutory congressional certification (also known as congressional notification) thresholds of proposed sales under the FMS and Direct Commercial Sales (DCS) programs in the Arms Export Control Act (22 U.S.C. 2751 et seq.). The Secretary of State shall also work with the Congress to review congressional notification processes to ensure the timely adjudication of notified FMS

In plain English

This sets the first steps. State and Defense must act at once. They must apply a 2018 arms transfer policy. They must weigh easing limits on some missile technology. They must write to Congress about the notice rules. Those rules set when Congress is told of a sale.

Sec. 4. Definitions

For purposes of this order: (a) ``Parallel decision-making'' refers to the granting of simultaneous certifications and approvals during the FMS process, as opposed to sequential decision-making where agencies wait for other agencies to make decisions before taking action. (b) ``Exportability'' means the process to identify, develop, and integrate technology protection features into United States defense systems early in the acquisition process to protect critical technologies, capabilities, and program information and thus enable export to partners. (c) ``FMS-only'' means defense articles that are exclusively available through the FMS process as opposed to the DCS process, as authorized in the Arms Export Control Act and described in the Security Assistance Management Manual (SAMM), Defense Security Cooperation Agency (DSCA), Chapter 4. (d) ``End-item'' means the final product when

In plain English

This defines four terms. Parallel decisions means approvals given at once. That replaces waiting on one office at a time. Exportability means building in safeguards early. That lets a system be sold abroad. FMS only means goods sold by the state route. End item means the finished product.

Sec. 5. General Provisions

Every order carries this. It is not what the order does.

(a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> (Presidential Sig.) THE WHITE HOUSE, April 9, 2025. [FR Doc. 2025-06464 Filed 4-14-25; 8:45 am] Billing code 3395-F4-P </pre></body> </html>

In plain English

This is the closing clause that nearly every order carries. It says the order does not change what the law already allows. It also says no one can sue to enforce it.

How this order is quoted

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