Guide
What happens after Congress is notified of a Foreign Military Sale?
When the statutory notification period begins the notification becomes public, and the may, with approval, give the purchaser an unsigned draft of the , which is not an official offer. A notification then remains valid for Letters of Offer and Acceptance drawn against it, within limits the manual sets.
What happens after Congress is notified of an arms sale?
Notification and the offer
While Congress does not have to be in session at the start of the statutory notification period, it is prudent for international partners, , and to consider the congressional calendar when planning key milestones for programs. Congressional notification data is classified as confidential until the DOS specifically authorizes (through ) “For Official Use Only ()” handling or until formal notification to Congress occurs. At the start of the statutory notification period, the notification data becomes public domain information and is posted in the Federal Register and on ’s website. Also, when the statutory notification period begins, the may, with approval, give the international partner an advance copy of the . However, this advance copy must be unsigned and annotated as a draft, and is therefore not considered an official offer.
Publication after notification
How long a notification stays valid
References
SAMM
- SAMM C5.7.3.3 — Congressional Notifications and Letters of Offer and Acceptance.
- SAMM C5.7.6.5 — Federal Register.
- SAMM C5.7.6.6 — Major Arms Sales.
- SAMM C5.7.6.7 — Period of Validity.
Related
Implementing Agency (IA)
The military department or defense agency responsible for the execution of military assistance programs. With respect to FMS, the military department or defense agency assigned responsibility by the Defense Security Cooperation Agency to prepare an LOA and to implement an FMS case. The implementing agency is responsible for the overall management of the actions that will result in delivery of the materials or services set forth in the LOA that was accepted by a foreign country or international organization.
SAMM Glossary, as of 12 September 2026
DSCA — Defense Security Cooperation Agency
SAMM Acronyms, as of 12 September 2026
Glossary entry →Defense Security Cooperation Agency (DSCA) →
Letter of Offer and Acceptance (LOA)
The legal instrument used by the USG to transfer itemized defense articles, defense services, and design and construction services to foreign partners.
When used under the authorities provided in the Arms Export Control Act for Foreign Military Sales, the LOA is a binding agreement signed by the USG and the foreign partner to transfer such articles and services.
When used under Building Partnership Capacity (BPC) authorities, the BPC LOA is not signed by the Benefitting Partner.
SAMM Glossary, as of 12 September 2026
LOA — Letter of Offer and Acceptance
SAMM Acronyms, as of 12 September 2026
MDE — Major Defense Equipment
SAMM Acronyms, as of 12 September 2026
SCO — Security Cooperation Organization
SAMM Acronyms, as of 12 September 2026
FMS — Foreign Military Sale
SAMM Acronyms, as of 12 September 2026