The IMET statute, exchanges and participant records

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1. The statute behind military training

Section 541 of the Foreign Assistance Act of 1961, added in 1976 and codified at 22 U.S.C. 2347, is the general authority for the International Military Education and Training (IMET) program (22 U.S.C. 2347). The President may furnish military education and training to military and related civilian personnel of foreign countries, on terms consistent with the Act and, whenever feasible, on a reimbursable basis (22 U.S.C. 2347(a)). Related civilians include officials of ministries other than defense. Legislators and people outside government may also take part where the training serves one of four listed aims. The aims are responsible defense resource management, greater respect for civilian control of the military, military and law enforcement cooperation on counternarcotics, and better military justice systems in line with internationally recognized human rights.

Training may be given in three ways (22 U.S.C. 2347(a)). It may be given through attendance at military education and training facilities in the United States, other than the service academies, and abroad. It may be given through special courses at schools and institutions of learning or research. It may also take the form of observation and orientation visits to military facilities and related activities. What the program pays for is covered in what the IMET program funds.

2. Purposes and a reimbursement rule

The statute declares three purposes for the training (22 U.S.C. 2347b). The training must be designed to encourage effective and mutually beneficial relations and better understanding between the United States and foreign countries, in support of international peace and security. It must also be designed to improve partners’ ability to use their resources, including American defense articles and services, with maximum effectiveness and greater self-reliance. It must also be designed to increase participants’ awareness of basic issues of internationally recognized human rights.

Countries that use Foreign Military Financing to buy training face a pricing rule (22 U.S.C. 2347(b)). The President must seek reimbursement from them at a rate comparable to the rate charged to countries receiving grant training under the program. How tuition rates are set is covered in how tuition rates are set.

3. Free places through exchanges

Exchange agreements allow training at no charge (22 U.S.C. 2347c(a)). The President may provide for foreign military personnel to attend professional military education institutions in the United States, other than the service academies, without charge to the country or to program funds. The attendance must be under an agreement for a one-for-one, reciprocal exchange of students each fiscal year between those institutions and comparable foreign or international institutions. The usual rule requiring reimbursement of agencies for military assistance does not apply.

A parallel rule covers flight training (22 U.S.C. 2347c(b)). Foreign military and civilian defense personnel may attend flight training schools and programs in the United States, including test pilot schools, on the same no-charge basis. The attendance must be under a one-for-one exchange each fiscal year with comparable foreign flight schools and programs.

4. Cooperative flying and air defense training

The President may also make cooperative arrangements for foreign and American military and civilian defense personnel to train together at locations in Southwest Asia. The programs covered are post-undergraduate flying training, tactical leadership programs, and integrated air and missile defense programs (22 U.S.C. 2347c(c)(1)). Participating foreign countries pay nothing, and program funds are not charged. The training must meet requirements common with the United States.

Each arrangement must require an equitable contribution of support and services from every participating country (22 U.S.C. 2347c(c)(2)). The President may waive that requirement for a foreign participant on finding the waiver important to national security interests. American costs are charged to the participating agencies’ current accounts (22 U.S.C. 2347c(c)(3)). The President must report each year to the appropriate congressional committees, as defined in section 2416(e), on these programs (22 U.S.C. 2347c(c)(4)).

5. No grant training for some high-income countries

Program funds may not be used for grant military education and training for five high-income countries named in the statute: Austria, Finland, the Republic of Korea, Singapore and Spain (22 U.S.C. 2347e(a) and 22 U.S.C. 2347e(b)).

6. Selection and maritime skills

Foreign personnel are selected for training in consultation with the American defense attache in the country concerned (22 U.S.C. 2347f). The President is encouraged to set aside part of each year’s program funds for maritime training (22 U.S.C. 2347d). The listed subjects are search and rescue, aids to navigation, port security, at-sea law enforcement, international maritime law and general maritime skills. How students are screened is covered in screening international military students.

7. A record of every participant

The Secretary of Defense must keep a database with records on each foreign military or defense ministry civilian participant in program training after 31 December 2000 (22 U.S.C. 2347g(a)). The stated aim is to contribute most effectively to military professionalism abroad. Each record shows the type and dates of instruction and whether it was completed successfully. As far as practicable, it also records the person’s later military or defense ministry career, current position and location.

The Secretary of State may ask each year for database information on a list of names of foreign personnel or military units, to prepare the report to Congress required by section 2347h (22 U.S.C. 2347g(b)). The Secretary of Defense provides the information as far as practicable, and the Secretary of State may take it into account. That report is due by 1 March each year to the Speaker of the House and the Senate Committee on Foreign Relations (22 U.S.C. 2347h(a)). It describes, as far as practicable, any later involvement of former participants in human rights violations reported under the Act’s country reporting provision. It is unclassified, with any classified annex (22 U.S.C. 2347h(b)). Where the Secretary of State determines and reports such involvement, the Secretary of Defense must ensure the database is updated with that fact (22 U.S.C. 2347g(c)).

Key terms

Related civilian personnel	Civilians, including other ministries’ officials, who may receive military training.
Reciprocal exchange	A one-for-one swap of students each fiscal year that allows training at no charge.
Equitable contribution	The share of support each country gives to a cooperative flying arrangement.
Defense attache consultation	The required consultation on selecting foreign personnel for training.
Participant database	The Defense Department record of each foreign participant and their later career.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

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