EO-14383
Establishing an America First Arms Transfer Strategy
- Signed
- Feb 6, 2026
- Published
- Feb 11, 2026
Federal Register: 2026-02814
Source: Federal Register.
America First Arms Transfer Strategy for Defense Exports
What it does
This order directs the executive branch to develop and implement a coordinated strategy for U.S. arms sales and transfers to foreign governments, prioritizing deals that strengthen the domestic defense industrial base. It creates a new interagency task force, requires a catalog of prioritized weapons systems for export, and streamlines the Foreign Military Sales process. It also amends a prior executive order to shift certain congressional notification responsibilities from the Secretary of State to the Secretary of War (Defense).
Who benefits
U.S. defense contractors and manufacturers, especially large prime contractors and nontraditional defense companies newly entering the market. Defense sector workers whose jobs depend on production volume. Allied and partner nations that would receive faster, more predictable arms transfer approvals. U.S. exporters in the broader defense supply chain, including component and parts manufacturers. The federal government, through increased foreign capital flowing into domestic production capacity.
Who is affected
Countries currently receiving U.S. arms that do not meet the new prioritization criteria (investing in self-defense, strategic geography, or economic contribution), who may see reduced access. Human rights and arms control advocacy organizations that monitor end-use of exported weapons. Congressional oversight bodies, whose notification role is partially shifted between executive departments. Third-party nations that receive U.S.-origin weapons via re-transfer, who face a review of that process. Defense Department and State Department staff who must implement new coordination requirements and reporting timelines within 30–120 days.
Supporters argue
Supporters argue that the U.S. defense industrial base has atrophied and that systematically leveraging foreign arms purchases to rebuild domestic production capacity is a sound use of the president's broad constitutional authority over foreign affairs and national security. They contend that streamlining the Foreign Military Sales process reduces bureaucratic delays that push allies toward non-U.S. suppliers, weakening both American economic interests and alliance cohesion, and that the new task force and quarterly metrics will improve accountability that has historically been lacking.
Opponents argue
Opponents argue that subordinating human rights and nonproliferation considerations to industrial and economic goals could result in weapons reaching governments that misuse them, and that reducing the rigor of Third-Party Transfer reviews increases the risk of diversion to unauthorized end-users. They contend that shifting congressional notification authority from the Secretary of State to the Secretary of War diminishes diplomatic oversight of arms sales, and that prioritizing partners based on economic contribution to the U.S. rather than shared values or stability goals represents a transactional departure from longstanding U.S. arms transfer policy.
Constitutional basis
Executive orders rest on constitutional authority or statutory delegation. This summary describes the legal grounding cited or implied by the order.
The order rests on the president's Article II authority as Commander in Chief and the broad foreign affairs power vested in the executive. It also operates under statutory delegations in the Arms Export Control Act (22 U.S.C. §2751 et seq.), which authorizes the president to control the export of defense articles and services, and the Foreign Assistance Act. The amendment to Executive Order 13637 reallocates delegated functions under 22 U.S.C. §2776 between cabinet secretaries, an action within the president's authority to manage executive branch organization under the Take Care Clause (Article II, §3).