FAR 45.302—Contracts with foreign governments or international organizations.
Plain-English Summary
FAR 45.302 is a very short but important rule about how the Government handles requests from foreign governments or international organizations to use Government property. The section covers one topic only: requests made by, or for the benefit of, a foreign government or an international organization to use Government-owned property, and it directs that those requests be handled under the applicable agency procedures. In practice, this means the FAR does not create a single government-wide approval process, pricing rule, or disposition method for these requests; instead, each agency’s internal property-management and foreign-use procedures control. The purpose is to ensure consistent handling of sensitive property-use requests that may involve diplomatic, legal, security, export-control, or policy considerations beyond ordinary domestic contractor use. For contracting officers, property administrators, and program officials, the practical significance is that they must look to agency-specific rules before allowing any foreign government or international organization to use Government property, rather than assuming standard contractor property-use rules apply.
Key Rules
Agency procedures control
Requests by, or for the benefit of, foreign governments or international organizations must be processed in accordance with agency procedures. The FAR does not prescribe a universal method, so the controlling steps, approvals, and documentation come from the agency’s own property and foreign-relations guidance.
Applies to requests for use
The rule covers requests to use Government property, whether the request is made directly by the foreign government or international organization or made on its behalf. The key trigger is the intended use of Government property by or for the benefit of those entities.
No standalone FAR approval standard
This section does not itself authorize or prohibit the use of Government property by foreign governments or international organizations. Any permission, restrictions, or conditions must be found in the agency procedures and any other applicable law, policy, or agreement.
Responsibilities
Contracting Officer
Ensure any request involving foreign government or international organization use of Government property is routed and handled under the agency’s prescribed procedures, and do not approve the request solely under general FAR property rules without checking those procedures.
Property Administrator / Property Management Official
Apply the agency’s property-use procedures, verify required approvals and conditions, and coordinate with other offices as needed when Government property is requested for foreign government or international organization use.
Program Office / Requiring Activity
Identify the request early, provide the facts about the property and intended use, and follow agency channels for review rather than treating the request as routine contractor property use.
Agency
Maintain and apply procedures governing these requests, including any required reviews, approvals, restrictions, documentation, and coordination with legal, security, diplomatic, or export-control officials.
Foreign Government or International Organization
Submit the request through the proper agency process and comply with any conditions, limitations, or approvals imposed by the agency.
Practical Implications
This is a referral rule, not a detailed operating rule: the first question is always, “What do our agency procedures say?”
A common pitfall is assuming ordinary contractor-use or loan rules automatically apply to foreign government or international organization requests; they may not.
These requests can implicate issues beyond property management, including diplomatic sensitivity, security, export controls, and liability, so coordination with other offices is often necessary.
Documentation matters: agencies typically need a clear record of who requested the use, what property is involved, the purpose, and what approvals were obtained.
Contracting officers and property officials should pause and verify authority before allowing access or use, because unauthorized use of Government property can create compliance and accountability problems.
Official Regulatory Text
Requests by, or for the benefit of, foreign Governments or international organizations to use Government property shall be processed in accordance with agency procedures.