(a) As an alternative means of obtaining communications support and related supplies and services, the Secretary of Defense, subject to the approval of the Secretary of State, may enter into a bilateral arrangement with any allied country or allied international organization or may enter into a multilateral arrangement with allied countries and allied international organizations, under which, in return for being provided communications support and related supplies and services, the United States would agree to provide to the allied country or countries or allied international organization or allied international organizations, as the case may be, an equivalent value of communications support and related supplies and services. The term of an arrangement entered into under this subsection may not exceed five years.
(b)(1) Any arrangement entered into under this section shall require that any accrued credits and liabilities resulting from an unequal exchange of communications support and related supplies and services during the term of such arrangement would be liquidated by direct payment to the party having provided the greater amount of communications support and related supplies and services. Liquidations may be made at such times as the parties in an arrangement may agree upon, but in no case may final liquidation in the case of an arrangement be made later than 30 days after the end of the term for which the arrangement was entered into.
(2) Parties to an arrangement entered into under this section shall annually reconcile accrued credits and liabilities accruing under such agreement. Any liability of the United States resulting from a reconciliation shall be charged against the applicable appropriation available to the Department of Defense (at the time of the reconciliation) for obligation for communications support and related supplies and services.
(3) Payments received by the United States shall be credited to the appropriation from which such communications support and related supplies and services have been provided.
[(c) Repealed. Pub. L. 107–314, div. A, title X, § 1041(a)(10), Dec. 2, 2002, 116 Stat. 2645.]
(d) In this section:(1) The term “allied country” means—(A) a country that is a member of the North Atlantic Treaty Organization;
(B) Australia, New Zealand, Japan, or the Republic of Korea; or
(C) any other country designated as an allied country for purposes of this section by the Secretary of Defense with the concurrence of the Secretary of State.
(2) The term “allied international organization” means the North Atlantic Treaty Organization (NATO) or any other international organization designated as an allied international organization for the purposes of this section by the Secretary of Defense with the concurrence of the Secretary of State.
Structure US Code
Subtitle A— General Military Law
PART IV— SERVICE, SUPPLY, AND PROPERTY
CHAPTER 138— COOPERATIVE AGREEMENTS WITH NATO ALLIES AND OTHER COUNTRIES
SUBCHAPTER II— OTHER COOPERATIVE AGREEMENTS
§ 2350b. Cooperative projects under Arms Export Control Act: acquisition of defense equipment
§ 2350c. Cooperative military airlift agreements: allied countries
§ 2350d. Cooperative acquisition and logistics support agreements: NATO countries
§ 2350e. NATO Airborne Warning and Control System (AWACS) program: authority of Secretary of Defense
§ 2350f. Procurement of communications support and related supplies and services
§ 2350h. Memorandums of agreement: Department of Defense ombudsman for foreign signatories
§ 2350i. Foreign contributions for cooperative projects
§ 2350j. Burden sharing contributions by designated countries and regional organizations
§ 2350k. Relocation within host nation of elements of armed forces overseas
§ 2350n. North Atlantic Treaty Organization Joint Force Command
§ 2350p. Reciprocal patient movement agreements
§ 2350r. North Atlantic Treaty Organization Special Operations Headquarters