Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title_name: "FOREIGN RELATIONS AND INTERCOURSE"
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# 22 U.S.C. § 2752 - Coordination with foreign policy
## Text
(a) Noninfringement of powers or functions of Secretary of State Nothing contained in this chapter shall be construed to infringe upon the powers or functions of the Secretary of State.
(b) Responsibility for supervision and direction of sales, leases, financing, cooperative projects, and exports Under the direction of the President, the Secretary of State (taking into account other United States activities abroad, such as military assistance, economic assistance, and the food for peace program) shall be responsible for the continuous supervision and general direction of sales, leases, financing, cooperative projects, and exports under this chapter, including, but not limited to, determining—
(1) whether there will be a sale to or financing for a country and the amount thereof;
(2) whether there will be a lease to a country;
(3) whether there will be a cooperative project and the scope thereof; and
(4) whether there will be delivery or other performance under such sale, lease, cooperative project, or export,
to the end that sales, financing, leases, cooperative projects, and exports will be integrated with other United States activities and to the end that the foreign policy of the United States would be best served thereby.
(c) Coordination among representatives of United States The President shall prescribe appropriate procedures to assure coordination among representatives of the United States Government in each country, under the leadership of the Chief of the United States Diplomatic Mission. The Chief of the diplomatic mission shall make sure that recommendations of such representatives pertaining to sales are coordinated with political and economic considerations, and his comments shall accompany such recommendations if he so desires.
(Pub. L. 90629, ch. 1, § 2, Oct. 22, 1968, 82 Stat. 1322; Pub. L. 94329, title II, § 212(a)(2), June 30, 1976, 90 Stat. 745; Pub. L. 97113, title I, § 109(b)(1), Dec. 29, 1981, 95 Stat. 1526; Pub. L. 9983, title I, § 115(b)(1), Aug. 8, 1985, 99 Stat. 201; Pub. L. 99145, title XI, § 1102(a)(2), (5), Nov. 8, 1985, 99 Stat. 710; Pub. L. 99661, div. A, title XIII, § 1342(e), Nov. 14, 1986, 100 Stat. 3991.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.
Amendments1986—Subsec. (b). Pub. L. 99661 repealed section 1102(a)(2) of Pub. L. 99145 and the amendments made by that section, and provided that this section shall apply as if that section had never been enacted. See 1985 Amendment note below. 1985—Subsec. (b). Pub. L. 9983 amended subsec. (b) generally, substituting reference to the food for peace program for reference to food for freedom and adding financing and cooperative projects under this chapter to the list of responsibilities of the Secretary of State. Pub. L. 99145, § 1102(a)(2), which enacted amendments similar to those provided in Pub. L. 9983, was repealed. See 1986 Amendment note above and Repeals; Effective Date note below. 1981—Subsec. (b). Pub. L. 97113 substituted “sales, leases,” for “sales” in two places and “such sale, lease,” for “such sale” and inserted “whether there shall be a lease to a country,” after “whether there shall be a sale to a country and the amount thereof,”. 1976—Subsec. (b). Pub. L. 94329 inserted “and exports” after “sales” wherever appearing and “and whether there shall be delivery or other performance under such sale or export,” after “thereof,”.
Statutory Notes and Related Subsidiaries
Effective Date of 1985 AmendmentAmendment by Pub. L. 9983 effective Oct. 1, 1985, see section 1301 of Pub. L. 9983, set out as a note under section 21511 of this title.
Effective DateSection effective July 1, 1968, see section 41 of Pub. L. 90629, set out as a note under section 2751 of this title.
RepealsPub. L. 99145, title XI, § 1102(a)(5), Nov. 8, 1985, 99 Stat. 710, which provided for the repeal of the amendments made by § 1102(a) of Pub. L. 99145, effective as of the effective date of similar amendments by Pub. L. 9983, was repealed by Pub. L. 99661, div. A, title XIII, § 1342(e), Nov. 14, 1986, 100 Stat. 3991.
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# 22 U.S.C. § 2754 - Purposes for which military sales or leases by the United States are authorized; report to Congress
## Text
Defense articles and defense services shall be sold or leased by the United States Government under this chapter to friendly countries solely for internal security, for legitimate self-defense, for preventing or hindering the proliferation of weapons of mass destruction and of the means of delivering such weapons, to permit the recipient country to participate in regional or collective arrangements or measures consistent with the Charter of the United Nations, or otherwise to permit the recipient country to participate in collective measures requested by the United Nations for the purpose of maintaining or restoring international peace and security, or for the purpose of enabling foreign military forces in less developed friendly countries to construct public works and to engage in other activities helpful to the economic and social development of such friendly countries. It is the sense of the Congress that such foreign military forces should not be maintained or established solely for civic action activities and that such civic action activities not significantly detract from the capability of the military forces to perform their military missions and be coordinated with and form part of the total economic and social development effort: Provided, That none of the funds contained in this authorization shall be used to guarantee, or extend credit, or participate in an extension of credit in connection with any sale of sophisticated weapons systems, such as missile systems and jet aircraft for military purposes, to any underdeveloped country other than Greece, Turkey, Iran, Israel, the Republic of China, the Philippines and Korea unless the President determines that such financing is important to the national security of the United States and reports within thirty days each such determination to the Congress.
(Pub. L. 90629, ch. 1, § 4, Oct. 22, 1968, 82 Stat. 1322; Pub. L. 97113, title I, § 109(b)(3), Dec. 29, 1981, 95 Stat. 1526; Pub. L. 107228, div. B, title XII, § 1202(a), Sept. 30, 2002, 116 Stat. 1427.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.
Amendments2002—Pub. L. 107228 inserted “for preventing or hindering the proliferation of weapons of mass destruction and of the means of delivering such weapons,” after “legitimate self-defense,” in first sentence. 1981—Pub. L. 97113 substituted “sold or leased” for “sold” in first sentence.
Statutory Notes and Related Subsidiaries
Effective DateSection effective July 1, 1968, see section 41 of Pub. L. 90629, set out as a note under section 2751 of this title.
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# 22 U.S.C. § 2755 - Discrimination prohibited if based on race, religion, national origin, or sex
## Text
(a) Congressional declaration of policy It is the policy of the United States that no sales should be made, and no credits (including participations in credits) or guaranties extended to or for any foreign country, the laws, regulations, official policies, or governmental practices of which prevent any United States person (as defined in section 7701(a)(30) of title 26) from participating in the furnishing of defense articles or defense services under this chapter on the basis of race, religion, national origin, or sex.
(b) Employment of personnel; required contractual provision (1) No agency performing functions under this chapter shall, in employing or assigning personnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary policies or practices of any foreign government where such policies or practices are based upon race, religion, national origin, or sex.
(2) Each contract entered into by any such agency for the performance of any function under this chapter shall contain a provision to the effect that no person, partnership, corporation, or other entity performing functions pursuant to such contract, shall, in employing or assigning personnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary policies or practices of any foreign government where such policies or practices are based upon race, religion, national origin, or sex.
(c) Report by President; contents The President shall promptly transmit reports to the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the chairman of the Committee on Foreign Relations of the Senate concerning any instance in which any United States person (as defined in section 7701(a)(30) of title 26) is prevented by a foreign government on the basis of race, religion, national origin, or sex, from participating in the performance of any sale or licensed transaction under this chapter or any import or export under a treaty referred to in section 2778(j)(1)(C)(i) of this title. Such reports shall include (1) a description of the facts and circumstances of any such discrimination, (2) the response thereto on the part of the United States or any agency or employee thereof, and (3) the result of such response, if any.
(d) Congressional request for information from President; information required; 60 day period; failure to supply information; termination or restriction of sale (1) Upon the request of the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives, the President shall, within 60 days after receipt of such request, transmit to both such committees a statement, prepared with the assistance of the Secretary of State, with respect to the country designated in such request, setting forth—
(A) all the available information about the exclusionary policies or practices of the government of such country when such policies or practices are based upon race, religion, national origin or sex and prevent any such person from participating in the performance of any sale or licensed transaction under this chapter;
(B) the response of the United States thereto and the results of such response;
(C) whether, in the opinion of the President, notwithstanding any such policies or practices—
(i) extraordinary circumstances exist which necessitate a continuation of such sale or licensed transaction, and, if so, a description of such circumstances and the extent to which such sale or licensed transaction should be continued (subject to such conditions as Congress may impose under this section), and
(ii) on all the facts it is in the national interest of the United States to continue such sale or licensed transaction; and
(D) such other information as such committee may request.
(2) In the event a statement with respect to a sale or licensed transaction is requested pursuant to paragraph (1) of this subsection but is not transmitted in accordance therewith within 60 days after receipt of such request, such sale or licensed transaction shall be suspended unless and until such statement is transmitted.
(3) (A) In the event a statement with respect to a sale or licensed transaction is transmitted under paragraph (1) of this subsection, the Congress may at any time thereafter adopt a joint resolution terminating or restricting such sale or licensed transaction.
(B) Any such resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.
(C) The term “certification”, as used in section 601 of such Act, means, for the purposes of this paragraph, a statement transmitted under paragraph (1) of this subsection.
(Pub. L. 90629, ch. 1, § 5, as added Pub. L. 94329, title III, § 302(b), June 30, 1976, 90 Stat. 752; amended Pub. L. 95105, title I, § 109(a)(5), Aug. 17, 1977, 91 Stat. 846; Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103236, title I, § 162(f), Apr. 30, 1994, 108 Stat. 405; Pub. L. 103437, § 9(a)(7), Nov. 2, 1994, 108 Stat. 4588; Pub. L. 111266, title I, § 104(b), Oct. 8, 2010, 124 Stat. 2799; Pub. L. 113276, title II, § 208(a)(1), Dec. 18, 2014, 128 Stat. 2992.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. Section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, referred to in subsec. (d)(3)(B), (C), is section 601(b) of Pub. L. 94329, June 30, 1976, 90 Stat. 729, which made provision for expedited procedures in the Senate, and was not classified to the Code.
Amendments2014—Subsec. (c). Pub. L. 113276 substituted “the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and” for “the Speaker of the House of Representatives and”. 2010—Subsec. (c). Pub. L. 111266 inserted “or any import or export under a treaty referred to in section 2778(j)(1)(C)(i) of this title” after “under this chapter”. 1994—Subsec. (d)(1). Pub. L. 103437 substituted “Foreign Affairs” for “International Relations” in introductory provisions. Pub. L. 103236 substituted “Secretary of State” for “Assistant Secretary of State for Human Rights and Humanitarian Affairs” in introductory provisions. 1986—Subsecs. (a), (c). Pub. L. 99514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text. 1977—Subsec. (d)(1). Pub. L. 95105 substituted “Assistant Secretary of State” for “Coordinator” in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103236 applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental directives implementing the amendments by sections 161 and 162 of Pub. L. 103236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103236, as amended, set out as a note under section 2651a of this title.
Executive Documents
Delegation of Functions For delegation of functions of the President under this section, see section 1(b) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16129, set out as a note under section 2751 of this title. Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of this title and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637.
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# 22 U.S.C. § 2756 - Foreign intimidation and harassment of individuals in United States
## Text
No letters of offer may be issued, no credits or guarantees may be extended, and no export licenses may be issued under this chapter with respect to any country determined by the President to be engaged in a consistent pattern of acts of intimidation or harassment directed against individuals in the United States. The President shall report any such determination promptly to the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and to the chairman of the Committee on Foreign Relations of the Senate.
(Pub. L. 90629, ch. 1, § 6, as added Pub. L. 97113, title I, § 115, Dec. 29, 1981, 95 Stat. 1528; amended Pub. L. 113276, title II, § 208(a)(1), Dec. 18, 2014, 128 Stat. 2992.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.
Amendments2014—Pub. L. 113276 substituted “the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and” for “the Speaker of the House of Representatives and”.
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# 22 U.S.C. § 2762 - Procurement for cash sales
## Text
(a) Authority of President; dependable undertaking by foreign country or international organization; interest rates Except as otherwise provided in this section, the President may, without requirement for charge to any appropriation or contract authorization otherwise provided, enter into contracts for the procurement of defense articles or defense services for sale for United States dollars to any foreign country or international organization if such country or international organization provides the United States Government with a dependable undertaking (1) to pay the full amount of such contract which will assure the United States Government against any loss on the contract, and (2) to make funds available in such amounts and at such times as may be required to meet the payments required by the contract, and any damages and costs that may accrue from the cancellation of such contract, in advance of the time such payments, damages, or costs are due. Interest shall be charged on any net amount by which any such country or international organization is in arrears under all of its outstanding unliquidated dependable undertakings, considered collectively. The rate of interest charged shall be a rate not less than a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding short-term obligations of the United States as of the last day of the month preceding the net arrearage and shall be computed from the date of net arrearage.
(b) Issuance of letters of offer under emergency determination; availability of appropriations for payment The President may, if he determines it to be in the national interest, issue letters of offer under this section which provide for billing upon delivery of the defense article or rendering of the defense service and for payment within one hundred and twenty days after the date of billing. This authority may be exercised, however, only if the President also determines that the emergency requirements of the purchaser for acquisition of such defense articles and services exceed the ready availability to the purchaser of funds sufficient to make payments on a dependable undertaking basis and submits both determinations to the Congress together with a special emergency request for authorization and appropriation of additional funds to finance such purchases under this chapter. Appropriations available to the Department of Defense may be used to meet the payments required by the contracts for the procurement of defense articles and defense services and shall be reimbursed by the amounts subsequently received from the country or international organization to whom articles or services are sold.
(c) Applicability of Renegotiation Act of 1951 The provisions of the Renegotiation Act of 1951 do not apply to procurement contracts heretofore or hereafter entered into under this section, section 2769 of this title, or predecessor provisions of law.
(d) Competitive pricing (1) Procurement contracts made in implementation of sales under this section for defense articles and defense services wholly paid for from funds made available on a nonrepayable basis shall be priced on the same costing basis with regard to profit, overhead, independent research and development, bid and proposal, and other costing elements, as is applicable to procurements of like items purchased by the Department of Defense for its own use.
(2) Direct costs associated with meeting additional or unique requirements of the purchaser shall be allowable under contracts described in paragraph (1). Loadings applicable to such direct costs shall be permitted at the same rates applicable to procurement of like items purchased by the Department of Defense for its own use.
(Pub. L. 90629, ch. 2, § 22, Oct. 22, 1968, 82 Stat. 1323; Pub. L. 93189, § 25(3), Dec. 17, 1973, 87 Stat. 730; Pub. L. 94329, title II, § 207, June 30, 1976, 90 Stat. 738; Pub. L. 95384, § 17, Sept. 26, 1978, 92 Stat. 740; Pub. L. 96533, title I, § 105(b)(2), Dec. 16, 1980, 94 Stat. 3134; Pub. L. 104107, title V, § 531A(a), Feb. 12, 1996, 110 Stat. 731; Pub. L. 106113, div. B, § 1000(a)(7) [div. B, title XII, § 1223], Nov. 29, 1999, 113 Stat. 1536, 1501A498.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. The Renegotiation Act of 1951, referred to in subsec. (c), is act Mar. 23, 1951, ch. 15, 65 Stat. 7, which was classified principally to section 1211 et seq. of the former Appendix to Title 50, War and National Defense, prior to its omission from the Code.
Amendments1999—Subsec. (d). Pub. L. 106113 designated existing provisions as par. (1) and added par. (2). 1996—Subsec. (d). Pub. L. 104107 added subsec. (d). 1980—Subsec. (c). Pub. L. 96533 substituted “procurement contracts” for “contracts for the procurement of defense articles and defense services” and inserted reference to contracts entered into under section 2769 of this title. 1978—Subsec. (c). Pub. L. 95384 added subsec. (c). 1976—Subsec. (a). Pub. L. 94329, § 207(a), inserted provisions requiring interest to be charged on any net amount a country or international organization is in arrears and the rate of interest to be determined by the Secretary of Treasury considering current average market yield of short-term obligations of United States on a particular day. Subsec. (b). Pub. L. 94329, § 207(b), substituted provisions authorizing President to issue letters of offer with provisions for billing on delivery of article or rendering of service and payment within 120 days after billing date where President determines that emergency conditions exist, for provisions authorizing President to accept a dependable undertaking of a foreign country or international organization with respect to sales of defense articles and services and to make payment within 120 days of delivery of article or rendering of service. 1973—Pub. L. 93189 designated text preceding first proviso as subsec. (a) and inserted “Except as otherwise provided in this section,” before “the President”, designated first proviso as subsec. (b) and inserted reference to acceptance of a dependable undertaking of a foreign country or international organization, and struck out further provisions setting forth Presidential powers with respect to sales agreements with and payments by purchasing countries or international organizations.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment; Implementing RegulationsPub. L. 104107, title V, § 531A(b), Feb. 12, 1996, 110 Stat. 731, provided that: “Section 22(d) of the Arms Export Control Act [subsec. (d) of this section], as added by subsection (a)— “(1) shall take effect on the 60th day following the date of the enactment of this Act [Feb. 12, 1996]; “(2) shall be applicable only to contracts made in implementation of sales made after such effective date; and “(3) shall be implemented by revised procurement regulations, which shall be issued prior to such effective date.”
Effective DateSection effective July 1, 1968, see section 41 of Pub. L. 90629, set out as a note under section 2751 of this title.
Similar ProvisionsProvisions similar to those comprising subsec. (d)(2) of this section were contained in the following appropriation acts: Pub. L. 106113, div. B, § 1000(a)(2) [title V, § 556], Nov. 29, 1999, 113 Stat. 1535, 1501A100. Pub. L. 105277, div. A, § 101(d) [title V, § 536], Oct. 21, 1998, 112 Stat. 2681150, 2681181. Pub. L. 105118, title V, § 535, Nov. 26, 1997, 111 Stat. 2416. Pub. L. 104208, div. A, title I, § 101(c) [title V, § 533A], Sept. 30, 1996, 110 Stat. 3009121, 3009153. Pub. L. 104107, title V, § 531A(c), Feb. 12, 1996, 110 Stat. 731.
Requirement To Use Firm Fixed-Price Contracts for Foreign Military SalesPub. L. 11692, div. A, title VIII, § 807(c), Dec. 20, 2019, 133 Stat. 1486, provided that the regulations prescribed pursuant to section 830(a) of title VIII of div. A of Pub. L. 114328, formerly set out as a note below, would not take effect until Dec. 31, 2020. Pub. L. 114328, div. A, title VIII, § 830, Dec. 23, 2016, 130 Stat. 2282, as amended by Pub. L. 11591, div. A, title VIII, § 812, Dec. 12, 2017, 131 Stat. 1461, which directed the Secretary of Defense to prescribe regulations to require firm fixed-price contracts for foreign military sales not later than 180 days after Dec. 23, 2016, and to establish a pilot program for acceleration of foreign military sales, was repealed by Pub. L. 116283, div. A, title VIII, § 888, Jan. 1, 2021, 134 Stat. 3791.
Executive Documents
Delegation of Functions For delegation of functions of the President under subsec. (a) of this section, see section 1(d) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16129, set out as a note under section 2751 of this title. Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of this title and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637.
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# 22 U.S.C. § 2766 - Security assistance surveys
## Text
(a) Statement of findings and policy The Congress finds that security assistance surveys prepared by the United States for foreign countries have had a significant impact on subsequent military procurement decisions of those countries. It is the policy of the United States that the results of security assistance surveys conducted by the United States clearly do not represent a commitment by the United States to provide any military equipment to any foreign country. Further, recommendations in such surveys should be consistent with the arms export control policy provided for in this chapter.
(b) Reporting requirements As part of the quarterly report required by section 2776(a) of this title, the President shall include a list of all security assistance surveys authorized during the preceding calendar quarter, specifying the country with respect to which the survey was or will be conducted, the purpose of the survey, and the number of United States Government personnel who participated or will participate in the survey.
(c) Submission of surveys to Congress Upon a request of the chairman of the Committee on Foreign Affairs of the House of Representatives or the chairman of the Committee on Foreign Relations of the Senate, the President shall submit to that committee copies of security assistance surveys conducted by United States Government personnel.
(d) “Security assistance surveys” defined As used in this section, the term “security assistance surveys” means any survey or study conducted in a foreign country by United States Government personnel for the purpose of assessing the needs of that country for security assistance, and includes defense requirement surveys, site surveys, general surveys or studies, and engineering assessment surveys.
(Pub. L. 90629, ch. 2, § 26, as added Pub. L. 95384, § 19, Sept. 26, 1978, 92 Stat. 740; amended Pub. L. 9983, title I, § 114, Aug. 8, 1985, 99 Stat. 198; Pub. L. 103437, § 9(a)(7), Nov. 2, 1994, 108 Stat. 4588.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.
Amendments1994—Subsec. (c). Pub. L. 103437 substituted “Foreign Affairs” for “International Relations”. 1985—Pub. L. 9983, § 114(a)(1), substituted “Security assistance” for “Defense requirement” in section catchline. Subsecs. (a), (b). Pub. L. 9983, § 114(a)(2), substituted “security assistance” for “defense requirement” wherever appearing. Subsec. (c). Pub. L. 9983, § 114(a)(2), (b), substituted “submit to that committee copies of security assistance surveys” for “grant that committee access to defense requirement surveys”. Subsec. (d). Pub. L. 9983, § 114(a)(3), added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1985 AmendmentAmendment by Pub. L. 9983 effective Oct. 1, 1985, see section 1301 of Pub. L. 9983, set out as a note under section 21511 of this title.
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# 22 U.S.C. § 2767 - Authority of President to enter into cooperative projects with friendly foreign countries
## Text
(a) Authority of President The President may enter into a cooperative project agreement with the North Atlantic Treaty Organization or with one or more member countries of that Organization.
(b) Definitions As used in this section—
(1) the term “cooperative project”, in the case of an agreement with the North Atlantic Treaty Organization or with one or more member countries of that Organization, means a jointly managed arrangement, described in a written agreement among the parties, which is undertaken in order to further the objectives of standardization, rationalization, and interoperability of the armed forces of North Atlantic Treaty Organization member countries and which provides—
(A) for one or more of the other participants to share with the United States the costs of research on and development, testing, evaluation, or joint production (including follow-on support) of certain defense articles;
(B) for concurrent production in the United States and in another member country of a defense article jointly developed in accordance with subparagraph (A); or
(C) for procurement by the United States of a defense article or defense service from another member country or for procurement by the United States of munitions from the North Atlantic Treaty Organization or a subsidiary of such organization;
(2) the term “cooperative project”, in the case of an agreement entered into under subsection (j), means a jointly managed arrangement, described in a written agreement among the parties, which is undertaken in order to enhance the ongoing multinational effort of the participants to improve the conventional defense capabilities of the participants and which provides—
(A) for one or more of the other participants to share with the United States the costs of research on and development, testing, evaluation, or joint production (including follow-on support) of certain defense articles;
(B) for concurrent production in the United States and in the country of another participant of a defense article jointly developed in accordance with subparagraph (A); or
(C) for procurement by the United States of a defense article or defense service from another participant to the agreement; and
(3) the term “other participant” means a participant in a cooperative project other than the United States.
(c) Agreements for equitable share of costs; limiting nature of agreements Each agreement for a cooperative project shall provide that the United States and each of the other participants will contribute to the cooperative project its equitable share of the full cost of such cooperative project and will receive an equitable share of the results of such cooperative project. The full costs of such cooperative project shall include overhead costs, administrative costs, and costs of claims. The United States and the other participants may contribute their equitable shares of the full cost of such cooperative project in funds or in defense articles or defense services needed for such cooperative project. Military assistance and financing received from the United States Government may not be used by any other participant to provide its share of the cost of such cooperative project. Such agreements shall provide that no requirement shall be imposed by a participant for worksharing or other industrial or commercial compensation in connection with such agreement that is not in accordance with such agreement.
(d) Contractual or other obligation; preconditions The President may enter into contracts or incur other obligations for a cooperative project on behalf of the other participants, without charge to any appropriation or contract authorization, if each of the other participants in the cooperative project agrees (1) to pay its equitable share of the contract or other obligation, and (2) to make such funds available in such amounts and at such times as may be required by the contract or other obligation and to pay any damages and costs that may accrue from the performance of or cancellation of the contract or other obligation in advance of the time such payments, damages, or costs are due.
(e) Waiver of charges; administrative surcharges (1) For those cooperative projects entered into on or after the effective date 11 See References in Text note below. of the International Security and Development Cooperation Act of 1985, the President may reduce or waive the charge or charges which would otherwise be considered appropriate under section 2761(e) of this title in connection with sales under sections 2761 and 2762 of this title when such sales are made as part of such cooperative project, if the other participants agree to reduce or waive corresponding charges.
(2) Notwithstanding provisions of section 2761(e)(1)(A) and section 2792(b) of this title, administrative surcharges shall not be increased on other sales made under this chapter in order to compensate for reductions or waivers of such surcharges under this section. Funds received pursuant to such other sales shall not be available to reimburse the costs incurred by the United States Government for which reduction or waiver is approved by the President under this section.
(f) Transmission of numbered certification to Congress respecting proposed agreement; contents Not less than 30 days before a cooperative project agreement is signed on behalf of the United States, the President shall transmit to the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the chairman of the Committee on Foreign Relations of the Senate, and the chairman of the Committee on Armed Services of the Senate, a numbered certification with respect to such proposed agreement, setting forth—
(1) a detailed description of the cooperative project with respect to which the certification is made;
(2) an estimate of the quantity of the defense articles expected to be produced in furtherance of such cooperative project;
(3) an estimate of the full cost of the cooperative project, with an estimate of the part of the full cost to be incurred by the United States Government, including an estimate of the costs as a result of waivers of section 22 So in original. Probably should be “sections”. 2761(e)(1)(A) and 2792(b) of this title, for its participation in such cooperative project and an estimate of that part of the full costs to be incurred by the other participants;
(4) an estimate of the dollar value of the funds to be contributed by the United States and each of the other participants on behalf of such cooperative project;
(5) a description of the defense articles and defense services expected to be contributed by the United States and each of the other participants on behalf of such cooperative project;
(6) a statement of the foreign policy and national security benefits anticipated to be derived from such cooperative project; and
(7) to the extent known, whether it is likely that prime contracts will be awarded to particular prime contractors or that subcontracts will be awarded to particular subcontractors to comply with the proposed agreement.
(g) Reporting and certification requirements applicable In the case of a cooperative project with a North Atlantic Treaty Organization country, section,33 So in original. The comma probably should not appear. 2776(b) of this title shall not apply to sales made under section 2761 or 2762 of this title and to production and exports made pursuant to cooperative projects under this section, and section 2776(c) of this title shall not apply to the issuance of licenses or other approvals under section 2778 of this title, if such sales are made, such production and exports ensue, or such licenses or approvals are issued, as part of a cooperative project.
(h) Statutory provisions applicable to sales The authority under this section is in addition to the authority under sections 2761 and 2762 of this title and under any other provision of law.
(i) Agreements entered into before October 1, 1985 (1) With the approval of the Secretary of State and the Secretary of Defense, a cooperative agreement which was entered into by the United States before the effective date 1 of the amendment to this section made by the International Security and Development Cooperation Act of 1985 and which meets the requirements of this section as so amended may be treated on and after such date as having been made under this section as so amended.
(2) Notwithstanding the amendment made 44 So in original. The word “made” probably should not appear. to this section made by the International Security and Development Cooperation Act of 1985, projects entered into under the authority of this section before the effective date 1 of that amendment may be carried through to conclusion in accordance with the terms of this section as in effect immediately before the effective date 1 of that amendment.
(j) Cooperative project agreements with friendly foreign countries not members of NATO (1) The President may enter into a cooperative project agreement with any friendly foreign country not a member of the North Atlantic Treaty Organization under the same general terms and conditions as the President is authorized to enter into such an agreement with one or more member countries of the North Atlantic Treaty Organization if the President determines that the cooperative project agreement with such country would be in the foreign policy or national security interests of the United States.
(2) Omitted.
(Pub. L. 90629, ch. 2, § 27, as added Pub. L. 9692, § 15, Oct. 29, 1979, 93 Stat. 706; amended Pub. L. 9983, title I, § 115(a), Aug. 8, 1985, 99 Stat. 199; Pub. L. 99145, title XI, § 1102(a)(1), (5), Nov. 8, 1985, 99 Stat. 708, 710; Pub. L. 99661, div. A, title XI, § 1103(a), title XIII, § 1342(e), Nov. 14, 1986, 100 Stat. 3962, 3991; Pub. L. 100180, div. A, title X, § 1022, Dec. 4, 1987, 101 Stat. 1144; Pub. L. 102484, div. A, title VIII, § 843(a), Oct. 23, 1992, 106 Stat. 2468; Pub. L. 113276, title II, § 208(a)(4), Dec. 18, 2014, 128 Stat. 2993.)
## Notes
Editorial Notes
References in TextThe effective date of the International Security and Development Cooperation Act of 1985 and the effective date of the amendment to this section made by the International Security and Development Cooperation Act of 1985, referred to in subsecs. (e)(1) and (i), respectively, is October 1, 1985, see section 1301 of Pub. L. 9983, set out as an Effective Date of 1985 Amendment note under section 21511 of this title. This chapter, referred to in subsec. (e)(2), was in the original “this Act”, meaning Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. The amendment made to this section made by the International Security and Development Cooperation Act of 1985, referred to in subsec. (i), means the general amendment of this section by section 115(a) of Pub. L. 9983. See 1985 Amendment note below.
Codification Subsec. (j)(2) of this section, which required the President to submit to certain committees of Congress an annual report specifying countries eligible, and criteria used to determine eligibility, for participation in cooperative project agreements under subsec. (j)(1) of this section, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 39 of House Document No. 1037.
Amendments2014—Subsec. (f). Pub. L. 113276 inserted “the Committee on Foreign Affairs of the House of Representatives,” after “the Speaker of the House of Representatives,” in introductory provisions. 1992—Subsec. (c). Pub. L. 102484 substituted “costs, administrative costs, and costs of claims” for “and administrative costs”. 1987—Subsec. (b)(1)(C). Pub. L. 100180 inserted “or for procurement by the United States of munitions from the North Atlantic Treaty Organization or a subsidiary of such organization” after “member country”. 1986—Pub. L. 99661, § 1342(e), repealed section 1102(a)(1) of Pub. L. 99145 and the amendments made by that section, and provided that this section shall apply as if that section had never been enacted. See 1985 Amendments note below. Pub. L. 99661, § 1103(a)(2), substituted “Authority of President to enter into cooperative projects with friendly foreign countries” for “North Atlantic Treaty Organization cooperative projects” in section catchline. Subsec. (b)(1). Pub. L. 99661, § 1103(a)(1)(A)(i), inserted “, in the case of an agreement with the North Atlantic Treaty Organization or with one or more member countries of that Organization,” in introductory provisions. Subsec. (b)(2), (3). Pub. L. 99661, § 1103(a)(1)(A)(ii)(iv), added par. (2) and redesignated former par. (2) as (3). Subsec. (f)(3). Pub. L. 99661, § 1103(a)(1)(B), inserted “, including an estimate of the costs as a result of waivers of section 2761(e)(1)(A) and 2792(b) of this title,”. Subsec. (g). Pub. L. 99661, § 1103(a)(1)(C), substituted “In the case of a cooperative project with a North Atlantic Treaty Organization country, section,” for “Section”. Subsec. (j). Pub. L. 99661, § 1103(a)(1)(D), added subsec. (j). 1985—Pub. L. 9983 amended section generally, substituting in subsec. (a) provisions relating to authority of the President, for provisions defining “cooperative project”, substituting in subsec. (b) provisions defining “cooperative project” and “other participant”, for provisions relating to reduction or waiver of charges, sales not subject to compensatory increases in administrative surcharges, and contribution requirements, substituting in subsec. (c) provisions relating to agreements for equitable share of costs and limiting the nature of such agreements, for provisions relating to transmission of numbered certification of proposed agreement, contents of such certification, and statutory provisions applicable to sales, and adding subsecs. (d) to (i). Pub. L. 99145, § 1102(a)(1), which enacted a general amendment of this section similar to that provided in Pub. L. 9983 was repealed. See 1986 Amendments note above and former section 1105(a)(5) of Pub. L. 99145 set out as a Repeals; Effective Date note under section 2752 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1985 AmendmentAmendment by Pub. L. 9983 effective Oct. 1, 1985, see section 1301 of Pub. L. 9983, set out as a note under section 21511 of this title.
Assessment of Risk Associated With Development of Major Weapon Systems To Be Procured Under Cooperative Projects With Friendly Foreign CountriesPub. L. 11281, div. A, title VIII, § 836, Dec. 31, 2011, 125 Stat. 1508, as amended by Pub. L. 11692, div. A, title IX, § 902(84), Dec. 20, 2019, 133 Stat. 1553; Pub. L. 11960, div. A, title VIII, § 811(c)(3)(C), Dec. 18, 2025, 139 Stat. 950, provided that: “(a) Assessment of Risk Required.—“(1) In general.—Not later than two days after the President transmits a certification to Congress pursuant to section 27(f) of the Arms Export Control Act (22 U.S.C. 2767(f)) regarding a proposed cooperative project agreement that is expected to result in the award of a Department of Defense contract for the engineering and manufacturing development of a major weapon system, the Secretary of Defense shall submit to the Chairmen of the Committees on Armed Services of the Senate and the House of Representatives a report setting forth a risk assessment of the proposed cooperative project. “(2) Preparation.—The Secretary shall prepare each report required by paragraph (1) in consultation with the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering, and the Director of Cost Assessment and Program Evaluation of the Department of Defense. “(b) Elements.—The risk assessment on a cooperative project under subsection (a) shall include the following:“(1) An assessment of the design, technical, manufacturing, and integration risks associated with developing and procuring the weapon system to be procured under the cooperative project. “(2) A statement identifying any termination liability that would be incurred under the development contract to be entered into under subsection (a)(1), and a statement of the extent to which such termination liability would not be fully funded by appropriations available or sought in the fiscal year in which the agreement for the cooperative project is signed on behalf of the United States. “(3) An assessment of the advisability of incurring any unfunded termination liability identified under paragraph (2) given the risks identified in the assessment under paragraph (1). “(4) A listing of which, if any, requirements associated with the oversight and management of a major defense acquisition program (as prescribed under Department of Defense Instruction 5000.02 or related authorities) will be waived, or in any way modified, in carrying out the development contract to be entered into under [subsection] (a)(1), and a full explanation why such requirements need to be waived or modified. “(c) Definitions.—In this section:“(1) The term engineering and manufacturing development has the meaning given that term in Department of Defense Instruction 5000.02. “(2) The term major weapon system has the meaning given that term in section 101(a) of title 10, United States Code.” [Pub. L. 11692, § 902(84), which directed the amendment of section 836(a)(2) of Pub. L. 11281, set out above, by substituting “the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering,” for “the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Assistant Secretary of Defense for Research,”, was executed by making the substitution for “the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Assistant Secretary of Defense for Research and Engineering,” to reflect the probable intent of Congress.]
Executive Documents
Delegation of Functions For delegation of functions of the President under this section, with certain conditions, see section 1(f) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16129, set out as a note under section 2751 of this title. Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of this title and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637.
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# 22 U.S.C. § 2767a - Repealed. Pub. L. 101189, div. A, title IX, § 931(d)(2), Nov. 29, 1989, 103 Stat. 1535
## Notes
Section, Pub. L. 99661, div. A, title XI, § 1105, Nov. 14, 1986, 100 Stat. 3965; Pub. L. 100456, div. A, title X, § 1007, Sept. 29, 1988, 102 Stat. 2040, related to cooperative research and development with major non-NATO allies. See section 2350a of Title 10, Armed Forces.
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# 22 U.S.C. § 2768 - Repealed. Pub. L. 104106, div. A, title X, § 1064(a), Feb. 10, 1996, 110 Stat. 445
## Notes
Section, Pub. L. 90629, ch. 2, § 28, as added Pub. L. 9692, § 16(a), Oct. 29, 1979, 93 Stat. 708; amended Pub. L. 97113, title I, § 101(b), Dec. 29, 1981, 95 Stat. 1520; Pub. L. 100461, title V, § 588(a), Oct. 1, 1988, 102 Stat. 226851, related to reports on price and availability estimates.
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# 22 U.S.C. § 2769 - Foreign military construction sales
## Text
The President may sell design and construction services to any eligible foreign country or international organization if such country or international organization agrees to pay in United States dollars not less than the full cost to the United States Government of furnishing such services. Payment shall be made to the United States Government in advance of the performance of such services by officers or employees of the United States Government. The President may, without requirement for charge to any appropriation or contract authorization otherwise provided, enter into contracts for the procurement of design and construction services for sale under this section if such country or international organization provides the United States Government with a dependable undertaking (1) to pay the full amount of such contract which will assure the United States Government against any loss on the contract, and (2) to make funds available in such amounts and at such time as may be required to meet the payments required by the contract and any damages and costs that may accrue from the cancellation of such contract, in advance of the time such payments, damages, or costs are due.
(Pub. L. 90629, ch. 2A, § 29, as added Pub. L. 96533, title I, § 105(a), Dec. 16, 1980, 94 Stat. 3133.)
## Notes
Executive Documents
Delegation of Functions For delegation of functions of the President under this section, see section 1(d) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16129, set out as a note under section 2751 of this title. Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of this title and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637.
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# 22 U.S.C. § 2770 - General authority
## Text
(a) Sale of defense articles and services by President to United States companies; restriction on performance of services; reimbursement credited to selling agency Subject to the conditions specified in subsection (b) of this section, the President may, on a negotiated contract basis, under cash terms (1) sell defense articles at not less than their estimated replacement cost (or actual cost in the case of services), or (2) procure or manufacture and sell defense articles at not less than their contract or manufacturing cost to the United States Government, to any United States company for incorporation into end items (and for concurrent or follow-on support) to be sold by such a company either (i) on a direct commercial basis to a friendly foreign country or international organization pursuant to an export license or approval under section 2778 of this title or (ii) in the case of ammunition parts subject to subsection (b) of this section, using commercial practices which restrict actual delivery directly to a friendly foreign country or international organization pursuant to approval under section 2778 of this title. The President may also sell defense services in support of such sales of defense articles, subject to the requirements of this subchapter: Provided, however, That such services may be performed only in the United States. The amount of reimbursement received from such sales shall be credited to the current applicable appropriation, fund, or account of the selling agency of the United States Government.
(b) Conditions of sale Defense articles and defense services may be sold, procured and sold, or manufactured and sold, pursuant to subsection (a) of this section only if (1) the end item to which the articles apply is to be procured for the armed forces of a friendly country or international organization, (2) the articles would be supplied to the prime contractor as government-furnished equipment or materials if the end item were being procured for the use of the United States Armed Forces, and (3) the articles and services are available only from United States Government sources or are not available to the prime contractor directly from United States commercial sources at such times as may be required to meet the prime contractors delivery schedule.
(c) “Defense articles” and “defense services” defined For the purpose of this section, the terms “defense articles” and “defense services” mean defense articles and defense services as defined in section 2794(3) and (4) of this title.
(Pub. L. 90629, ch. 2B, § 30, as added Pub. L. 97392, § 1, Dec. 29, 1982, 96 Stat. 1962; amended Pub. L. 101165, title IX, § 9097, Nov. 21, 1989, 103 Stat. 1150.)
## Notes
Editorial Notes
Amendments1989—Subsec. (a). Pub. L. 101165 inserted “either (i)” after “such a company” in first sentence and inserted before period at end of first sentence “or (ii) in the case of ammunition parts subject to subsection (b) of this section, using commercial practices which restrict actual delivery directly to a friendly foreign country or international organization pursuant to approval under section 2778 of this title”.
Executive Documents
Delegation of Functions For delegation of functions of the President under this section, see section 1(d) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16129, set out as a note under section 2751 of this title. Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of this title and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637.
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# 22 U.S.C. § 2770a - Exchange of training and related support
## Text
(a) Authorization; eligibility; scope Subject to subsection (b), the President may provide training and related support to military and civilian defense personnel of a friendly foreign country or an international organization. Such training and related support shall be provided by a Secretary of a military department and may include the provision of transportation, food services, health services, and logistics and the use of facilities and equipment.
(b) Reciprocal arrangements; reimbursement Training and related support may be provided under this section only pursuant to an agreement or other arrangement providing for the provision by the recipient foreign country or international organization, on a reciprocal basis, of comparable training and related support to military and civilian personnel under the jurisdiction of the Secretary of the military department providing the training and related support under this section. Such reciprocal training and related support must be provided within a reasonable period of time (which may not be more than one year) of the provision of training and related support by the United States. To the extent that a foreign country or international organization to which training and related support is provided under this section does not provide such comparable training and related support to the United States within a reasonable period of time, that country or international organization shall be required to reimburse the United States for the full costs of the training and related support provided by the United States.
(c) Regulations Training and related support under this section shall be provided under regulations prescribed by the President.
(d) Report to Congress Not later than February 1 of each year, the President shall submit to the Congress a report on the activities conducted pursuant to this section during the preceding fiscal year, including the estimated full costs of the training and related support provided by the United States to each country and international organization and the estimated value of the training and related support provided to the United States by that country or international organization.
(Pub. L. 90629, ch. 2C, § 30A, as added Pub. L. 9983, title I, § 116, Aug. 8, 1985, 99 Stat. 201.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 1985, see section 1301 of Pub. L. 9983, set out as an Effective Date of 1985 Amendment note under section 21511 of this title.
Executive Documents
Delegation of Functions For delegation of functions of the President under this section, see section 1(d) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16129, set out as a note under section 2751 of this title. Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of this title and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637.
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# 22 U.S.C. § 2772 - Repealed. Pub. L. 102429, title I, § 112(e), Oct. 21, 1992, 106 Stat. 2195
## Notes
Section, Pub. L. 90629, ch. 3, § 32, Oct. 22, 1968, 82 Stat. 1325, prohibited certain military export financing by Export-Import Bank.
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# 22 U.S.C. § 2773 - Restraint in arms sales to Sub-Saharan Africa
## Text
It is the sense of the Congress that the problems of Sub-Saharan Africa are primarily those of economic development and that United States policy should assist in limiting the development of costly military conflict in that region. Therefore, the President shall exercise restraint in selling defense articles and defense services, and in providing financing for sales of defense articles and defense services, to countries in Sub-Saharan Africa.
(Pub. L. 90629, ch. 3, § 33, Oct. 22, 1968, 82 Stat. 1325; Pub. L. 91672, § 3, Jan. 12, 1971, 84 Stat. 2053; Pub. L. 92226, pt. IV, § 401(c), (d), Feb. 7, 1972, 86 Stat. 32; Pub. L. 93189, § 25(7)(9), Dec. 17, 1973, 87 Stat. 731; Pub. L. 93559, § 45(a)(8), Dec. 30, 1974, 88 Stat. 1815; Pub. L. 9692, § 18, Oct. 29, 1979, 93 Stat. 709.)
## Notes
Editorial Notes
Amendments1979—Pub. L. 9692 substituted provisions respecting restraint in arms sales to Sub-Saharan Africa for provisions imposing regional ceilings on foreign military sales to African countries and Presidential waiver and report thereof to Congress. 1974—Subsec. (a). Pub. L. 93559, § 45(a)(8)(A), (B), repealed subsec. (a) which prescribed a ceiling of $150,000,000 in each fiscal year on the total amount of military assistance, credits, participations in credits, guaranteed loans, and loans and sales under section 7307 of Title 10, for Latin American countries, and redesignated subsec. (b) as (a). Subsec. (b). Pub. L. 93559, § 45(a)(8)(B), (C), added subsec. (b) and redesignated former subsec. (b) as (a). 1973—Subsec. (a). Pub. L. 93189, § 25(7), struck out reference to cash sales pursuant to sections 2761 and 2762 of this title reference to exclusion of credits covered by guaranties issued under section 2764(b) of this title, and reference to the face amount of contracts of guaranty issued under section 2764(a) and (b) of this title, inserted reference to the principal amount of loans guaranteed under section 2764(a) of this title, and substituted “$150,000,000” for “$100,000,000”. Subsec. (b). Pub. L. 93189, § 25(8), struck out reference to cash sales pursuant to sections 2761 and 2762 of this title, reference to exclusion of credits covered by guaranties issued under section 2764(b) of this title, and reference to the face amount of contracts of guaranty issued under section 2764(a) and (b) of this title, and inserted reference to the principal amount of loans guaranteed under section 2764(a) of this title. Subsec. (c). Pub. L. 93189, § 25(9), struck out subsec. (c) which provided for Presidential waiver of limitations on amounts authorized under this section and set forth geographical limitations on the aggregate amounts of military assistance to be made available and percentage deviations from such ceiling amounts. 1972—Subsec. (a). Pub. L. 92226, § 401(c), substituted “$100,000,000” for “$75,000,000”. Subsec. (c). Pub. L. 92226, § 401(d), substituted provisions for waiver of limitations when overriding requirements of the national security of the United States justify waiver for prior provisions for such a waiver when important to the security of the United States, required a written report with reasons for findings and statement in detail of expenditures when in excess of applicable geographical limitations, and prescribed percentage limitation for exceeding aggregate of geographical ceiling limitation. 1971—Subsec. (a). Pub. L. 91672, § 3(1), made fiscal year 1969 ceiling of $75,000,000 for Latin American countries a continuing ceiling applicable in each fiscal year. Subsec. (b). Pub. L. 91672, § 3(2), made fiscal year 1969 ceiling of $40,000,000 for African countries a continuing ceiling applicable in each fiscal year.
Statutory Notes and Related Subsidiaries
Effective DateSection effective July 1, 1968, see section 41 of Pub. L. 90629, set out as a note under section 2751 of this title.
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# 22 U.S.C. § 2774 - Foreign military sales credit standards
## Text
The President shall establish standards and criteria for credit and guaranty transactions under sections 2763 and 2764 of this title in accordance with the foreign, national security, and financial policies of the United States.
(Pub. L. 90629, ch. 3, § 34, Oct. 22, 1968, 82 Stat. 1325.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective July 1, 1968, see section 41 of Pub. L. 90629, set out as a note under section 2751 of this title.
Executive Documents
Delegation of Functions For delegation of functions of the President under this section, with certain conditions, see section 1(h) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16129, set out as a note under section 2751 of this title. Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of this title and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637.
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# 22 U.S.C. § 2775 - Foreign military sales to less developed countries
## Text
(a) When the President finds that any economically less developed country is diverting development assistance furnished pursuant to the Foreign Assistance Act of 1961, as amended [22 U.S.C. 2151 et seq.], or sales under the Food for Peace Act, as amended [7 U.S.C. 1691 et seq.], to military expenditures, or is diverting its own resources to unnecessary military expenditures, to a degree which materially interferes with its development, such country shall be immediately ineligible for further sales and guarantees under sections 2761, 2762, 2763, and 2764 of this title, until the President is assured that such diversion will no longer take place.
(b) Repealed. Pub. L. 93559, § 45(a)(5), Dec. 30, 1974, 88 Stat. 1814.
(Pub. L. 90629, ch. 3, § 35, Oct. 22, 1968, 82 Stat. 1325; Pub. L. 93559, § 45(a)(5), Dec. 30, 1974, 88 Stat. 1814; Pub. L. 110246, title III, § 3001(b)(1)(A), (2)(T), June 18, 2008, 122 Stat. 1820, 1821.)
## Notes
Editorial Notes
References in TextThe Foreign Assistance Act of 1961, as amended, referred to in subsec. (a), is Pub. L. 87195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. The Food for Peace Act, as amended, referred to in subsec. (a), is act July 10, 1954, ch. 469, 68 Stat. 454, which is classified principally to chapter 41 (§ 1691 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1691 of Title 7 and Tables.
Amendments2008—Subsec. (a). Pub. L. 110246 substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”. 1974—Subsec. (b). Pub. L. 93559 repealed subsec. (b) which provided for Presidential reports to Congress respecting sales and guaranties to less developed countries.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment by Pub. L. 110246 effective May 22, 2008, see section 4(b) of Pub. L. 110246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
Effective DateSection effective July 1, 1968, see section 41 of Pub. L. 90629, set out as a note under section 2751 of this title.
Executive Documents
Delegation of Functions For delegation of functions of the President under subsec. (a) of this section, see section 1(i) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16130, set out as a note under section 2751 of this title. Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of this title and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637.
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# 22 U.S.C. § 2776a - Repealed. Pub. L. 11281, div. A, title X, § 1062(d)(4), Dec. 31, 2011, 125 Stat. 1585
## Notes
Section, Pub. L. 109364, div. A, title XII, § 1231, Oct. 17, 2006, 120 Stat. 2430; Pub. L. 110181, div. A, title X, § 1063(c)(11), Jan. 28, 2008, 122 Stat. 323, required annual report on foreign sales of significant military equipment manufactured in the United States.
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# 22 U.S.C. § 2777 - Fiscal provisions relating to foreign military sales credits
## Text
(a) Permissible uses of cash payments under sections 2761, 2762, 2763, and 2769 Cash payments received under sections 2761, 2762, and 2769 of this title and advances received under section 2763 of this title shall be available solely for payments to suppliers (including the military departments) and refunds to purchasers and shall not be available for financing credits and guaranties.
(b) Transfer of funds to miscellaneous receipts of Treasury Amounts received from foreign governments and international organizations as repayments for credits extended pursuant to section 2763 of this title, amounts received from the disposition of instruments evidencing indebtedness under section 2764(b) of this title (excluding such portion of the sales proceeds as may be required at the time of disposition to be obligated as a reserve for payment of claims under guaranties issued pursuant to section 2764(b) of this title, which sums are made available for such obligations), and other collections (including fees and interest) shall be transferred to the miscellaneous receipts of the Treasury.
(c) Credit of funds to reserve under section 2764(c) Notwithstanding the provisions of subsection (b), to the extent that any of the funds constituting the reserve under section 2764(c) of this title are paid out for a claim arising out of a loan guaranteed under section 2764 of this title, amounts received from a foreign government or international organization after the date of such payment, with respect to such claim, shall be credited to such reserve, shall be merged with the funds in such reserve, and shall be available for any purpose for which funds in such reserve are available.
(Pub. L. 90629, ch. 3, § 37, Oct. 22, 1968, 82 Stat. 1326; Pub. L. 93189, § 25(11), Dec. 17, 1973, 87 Stat. 731; Pub. L. 96533, title I, §§ 104(b), 105(e)(1), Dec. 16, 1980, 94 Stat. 3133, 3135.)
## Notes
Editorial Notes
Amendments1980—Subsec. (a). Pub. L. 96533, § 105(e)(1), inserted reference to section 2769 of this title. Subsec. (c). Pub. L. 96533, § 104(b), added subsec. (c). 1973—Subsec. (b). Pub. L. 93189 inserted provisions relating to indebtedness under section 2764(b) of this title and exclusions of portions of the sales proceeds required at the time of disposition as a reserve for payment of claims under guaranties issued under section 2764(b) of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective July 1, 1968, see section 41 of Pub. L. 90629, set out as a note under section 2751 of this title.
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# 22 U.S.C. § 2778a - Exportation of uranium depleted in the isotope 235
## Text
Upon a finding that an export of uranium depleted in the isotope 235 is incorporated in defense articles or commodities solely to take advantage of high density or pyrophoric characteristics unrelated to its radioactivity, such exports shall be exempt from the provisions of the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.] and of the Nuclear Non-Proliferation Act of 1978 [22 U.S.C. 3201 et seq.] when such exports are subject to the controls established under the Arms Export Control Act [22 U.S.C. 2751 et seq.] or the Export Administration Act of 1979.
(Pub. L. 96533, title I, § 110, Dec. 16, 1980, 94 Stat. 3138.)
## Notes
Editorial Notes
References in TextThe Atomic Energy Act of 1954, referred to in text, is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables. The Nuclear Non-Proliferation Act of 1978, referred to in text, is Pub. L. 95242, Mar. 10, 1978, 92 Stat. 120, which is classified principally to chapter 47 (§ 3201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3201 of this title and Tables. The Arms Export Control Act, referred to in text, is Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to this chapter (§ 2751 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. The Export Administration Act of 1979, referred to in text, is Pub. L. 9672, Sept. 29, 1979, 93 Stat. 503, which was classified principally to chapter 56 (§ 4601 et seq.) of Title 50, War and National Defense, prior to repeal by Pub. L. 115232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232, except for sections 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613).
Codification Section was enacted as part of the International Security and Development Cooperation Act of 1980, and not as part of the Arms Export Control Act which comprises this chapter.
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# 22 U.S.C. § 2779 - Fees of military sales agents
## Text
(a) Adequate and timely reports to Secretary of State; maintenance of records In accordance with such regulations as he may prescribe, the Secretary of State shall require adequate and timely reporting on political contributions, gifts, commissions and fees paid, or offered or agreed to be paid, by any person in connection with—
(1) sales of defense articles or defense services under section 2762 of this title, or of design and construction services under section 2769 of this title;
(2) commercial sales of defense articles or defense services licensed or approved under section 2778 of this title; or
(3) exports of defense articles or defense services pursuant to a treaty referenced in section 2778(j)(1)(C)(i) of this title;
to or for the armed forces of a foreign country or international organization in order to solicit, promote, or otherwise to secure the conclusion of such sales. Such regulations shall specify the amounts and the kinds of payments, offers, and agreements to be reported, and the form and timing of reports, and shall require reports on the names of sales agents and other persons receiving such payments. The Secretary of State shall by regulation require such recordkeeping as he determines is necessary.
(b) Presidential regulation The President may, by regulation, prohibit, limit, or prescribe conditions with respect to such contributions, gifts, commissions, and fees as he determines will be in furtherance of the purposes of this chapter.
(c) Allocation to contract; improper influence No such contribution, gift, commission, or fee may be included, in whole or in part, in the amount paid under any procurement contract entered into under section 2762 or section 2769 of this title, unless the amount thereof is reasonable, allocable to such contract, and not made to a person who has solicited, promoted, or otherwise secured such sale, or has held himself out as being able to do so, through improper influence. For the purposes of this section, “improper influence” means influence, direct or indirect, which induces or attempts to induce consideration or action by any employee or officer of a purchasing foreign government or international organization with respect to such purchase on any basis other than such consideration of merit as are involved in comparable United States procurements.
(d) Availability of records to Congress and Federal agencies (1) All information reported to the Secretary of State and all records maintained by any person pursuant to regulations prescribed under this section shall be available, upon request, to any standing committee of the Congress or any subcommittee thereof and to any agency of the United States Government authorized by law to have access to the books and records of the person required to submit reports or to maintain records under this section.
(2) Access by an agency of the United States Government to records maintained under this section shall be on the same terms and conditions which govern the access by such agency to the books and records of the person concerned.
(Pub. L. 90629, ch. 3, § 39, as added Pub. L. 94329, title VI, § 604(b), June 30, 1976, 90 Stat. 767; amended Pub. L. 96533, title I, § 105(e)(2), Dec. 16, 1980, 94 Stat. 3135; Pub. L. 111266, title I, § 104(e), Oct. 8, 2010, 124 Stat. 2800.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.
Amendments2010—Subsec. (a)(3). Pub. L. 111266, which directed amendment of subsec. (a) by adding par. (3) at the end, was executed by adding par. (3) after par. (2) to reflect the probable intent of Congress. 1980—Subsec. (a)(1). Pub. L. 96533, § 105(e)(2)(A), inserted reference to sales of design and construction services under section 2769 of this title. Subsec. (c). Pub. L. 96533, § 105(e)(2)(B), inserted reference to section 2769 of this title.
Statutory Notes and Related Subsidiaries
Effective DateSection effective 60 days after June 30, 1976, see section 604(c) of Pub. L. 94329, set out as note under section 2776 of this title.
Executive Documents
Delegation of Functions For delegation of functions of the President under subsec. (b) of this section, with certain conditions, see section 1(o) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16130, set out as a note under section 2751 of this title. Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of this title and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637.
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# 22 U.S.C. § 2779a - Prohibition on incentive payments
## Text
(a) In general No United States supplier of defense articles or services sold or licensed under this chapter or exported pursuant to a treaty referred to in section 2778(j)(1)(C)(i) of this title, nor any employee, agent, or subcontractor thereof, shall, with respect to the sale or export of any such defense article or defense service to a foreign country, make any incentive payments for the purpose of satisfying, in whole or in part, any offset agreement with that country.
(b) Civil penalties Any person who violates the provisions of this section shall be subject to the imposition of civil penalties as provided for in this section.
(c) Presidential authority In the enforcement of this section, the President is authorized to exercise the same powers concerning violations and enforcement and imposition of civil penalties which are conferred upon departments, agencies and officials by subsections (c), (d), (e), and (f) of section 11 11 See References in Text note below. of the Export Administration Act of 1979, and section 12(a) 1 of such Act, subject to the same terms and conditions as are applicable to such powers under that Act, except that section 11(c)(2)(B) of such Act shall not apply, and instead, as prescribed in regulations issued under this section, the Secretary of State may assess civil penalties for violations of this chapter and regulations prescribed thereunder and further may commence a civil action to recover such civil penalties, and except further that notwithstanding section 11(c) of that Act, the civil penalty for each violation of this section may not exceed $500,000 or five times the amount of the prohibited incentive payment, whichever is greater.
(d) Definitions For purposes of this section—
(1) the term “offset agreement” means an agreement, arrangement, or understanding between a United States supplier of defense articles or defense services and a foreign country under which the supplier agrees to purchase or acquire, or to promote the purchase or acquisition by other United States persons of, goods or services produced, manufactured, grown, or extracted, in whole or in part, in that foreign country in consideration for the purchase by the foreign country of defense articles or defense services from the supplier;
(2) the term “incentive payments” means direct monetary compensation made by a United States supplier of defense articles or defense services or by any employee, agent or subcontractor thereof to any other United States person to induce or persuade that United States person to purchase or acquire goods or services produced, manufactured, grown, or extracted, in whole or in part, in the foreign country which is purchasing those defense articles or services from the United States supplier; and
(3) the term “United States person” means—
(A) an individual who is a national or permanent resident alien of the United States; and
(B) any corporation, business association, partnership, trust, or other juridical entity—
(i) organized under the laws of the United States or any State, the District of Columbia, or any territory or possession of the United States; or
(ii) owned or controlled in fact by individuals described in subparagraph (A) or by an entity described in clause (i).
(Pub. L. 90629, ch. 3, § 39A, as added Pub. L. 103236, title VII, § 733, Apr. 30, 1994, 108 Stat. 504; amended Pub. L. 106113, div. B, § 1000(a)(7) [div. B, title XII, § 1246, title XIII, § 1303], Nov. 29, 1999, 113 Stat. 1536, 1501A502, 1501A511; Pub. L. 111266, title I, § 103(d), Oct. 8, 2010, 124 Stat. 2799.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a) and (c), was in the original “this Act”, meaning Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. The Export Administration Act of 1979, referred to in subsec. (c), is Pub. L. 9672, Sept. 29, 1979, 93 Stat. 503, which was classified principally to chapter 56 (§ 4601 et seq.) of Title 50, War and National Defense, prior to repeal by Pub. L. 115232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232, except for sections 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613). Sections 11 and 12 of the Act were classified to sections 4610 and 4614, respectively, of Title 50 prior to repeal.
Amendments2010—Subsec. (a). Pub. L. 111266 inserted “or exported pursuant to a treaty referred to in section 2778(j)(1)(C)(i) of this title” after “under this chapter”. 1999—Subsec. (a). Pub. L. 106113, § 1000(a)(7) [title XII, § 1246(a)], inserted “or licensed” after “sold” and “or export” after “sale”. Subsec. (c). Pub. L. 106113, § 1000(a)(7) [title XIII, § 1303], inserted “section 11(c)(2)(B) of such Act shall not apply, and instead, as prescribed in regulations issued under this section, the Secretary of State may assess civil penalties for violations of this chapter and regulations prescribed thereunder and further may commence a civil action to recover such civil penalties, and except further that” after “except that”. Subsec. (d)(3)(B)(ii). Pub. L. 106113, § 1000(a)(7) [title XII, § 1246(b)], inserted “or by an entity described in clause (i)” after “subparagraph (A)”.
Executive Documents
Delegation of Functions Functions of President under this section delegated to Secretary of State by Memorandum of President of the United States, July 26, 1994, 59 F.R. 40205, set out as a note under section 2370a of this title.
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# 22 U.S.C. § 2780 - Transactions with countries supporting acts of international terrorism
## Text
(a) Prohibited transactions by United States Government The following transactions by the United States Government are prohibited:
(1) Exporting or otherwise providing (by sale, lease or loan, grant, or other means), directly or indirectly, any munitions item to a country described in subsection (d) under the authority of this chapter, the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], or any other law (except as provided in subsection (h)). In implementing this paragraph, the United States Government—
(A) shall suspend delivery to such country of any such item pursuant to any such transaction which has not been completed at the time the Secretary of State makes the determination described in subsection (d), and
(B) shall terminate any lease or loan to such country of any such item which is in effect at the time the Secretary of State makes that determination.
(2) Providing credits, guarantees, or other financial assistance under the authority of this chapter, the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], or any other law (except as provided in subsection (h)), with respect to the acquisition of any munitions item by a country described in subsection (d). In implementing this paragraph, the United States Government shall suspend expenditures pursuant to any such assistance obligated before the Secretary of State makes the determination described in subsection (d). The President may authorize expenditures otherwise required to be suspended pursuant to the preceding sentence if the President has determined, and reported to the Congress, that suspension of those expenditures causes undue financial hardship to a supplier, shipper, or similar person and allowing the expenditure will not result in any munitions item being made available for use by such country.
(3) Consenting under section 2753(a) of this title, under section 505(a) of the Foreign Assistance Act of 1961 [22 U.S.C. 2314(a)], under the regulations issued to carry out section 2778 of this title, or under any other law (except as provided in subsection (h)), to any transfer of any munitions item to a country described in subsection (d). In implementing this paragraph, the United States Government shall withdraw any such consent which is in effect at the time the Secretary of State makes the determination described in subsection (d), except that this sentence does not apply with respect to any item that has already been transferred to such country.
(4) Providing any license or other approval under section 2778 of this title for any export or other transfer (including by means of a technical assistance agreement, manufacturing licensing agreement, or coproduction agreement) of any munitions item to a country described in subsection (d). In implementing this paragraph, the United States Government shall suspend any such license or other approval which is in effect at the time the Secretary of State makes the determination described in subsection (d), except that this sentence does not apply with respect to any item that has already been exported or otherwise transferred to such country.
(5) Otherwise facilitating the acquisition of any munitions item by a country described in subsection (d). This paragraph applies with respect to activities undertaken—
(A) by any department, agency, or other instrumentality of the Government,
(B) by any officer or employee of the Government (including members of the United States Armed Forces), or
(C) by any other person at the request or on behalf of the Government.
The Secretary of State may waive the requirements of the second sentence of paragraph (1), the second sentence of paragraph (3), and the second sentence of paragraph (4) to the extent that the Secretary determines, after consultation with the Congress, that unusual and compelling circumstances require that the United States Government not take the actions specified in that sentence.
(b) Prohibited transactions by United States persons (1) In general A United States person may not take any of the following actions:
(A) Exporting any munitions item to any country described in subsection (d).
(B) Selling, leasing, loaning, granting, or otherwise providing any munitions item to any country described in subsection (d).
(C) Selling, leasing, loaning, granting, or otherwise providing any munitions item to any recipient which is not the government of or a person in a country described in subsection (d) if the United States person has reason to know that the munitions item will be made available to any country described in subsection (d).
(D) Taking any other action which would facilitate the acquisition, directly or indirectly, of any munitions item by the government of any country described in subsection (d), or any person acting on behalf of that government, if the United States person has reason to know that that action will facilitate the acquisition of that item by such a government or person.
(2) Liability for actions of foreign subsidiaries, etc. A United States person violates this subsection if a corporation or other person that is controlled in fact by that United States person (as determined under regulations, which the President shall issue) takes an action described in paragraph (1) outside the United States.
(3) Applicability to actions outside the United States Paragraph (1) applies with respect to actions described in that paragraph which are taken either within or outside the United States by a United States person described in subsection (l)(3)(A) or (B). To the extent provided in regulations issued under subsection (l)(3)(D), paragraph (1) applies with respect to actions described in that paragraph which are taken outside the United States by a person designated as a United States person in those regulations.
(c) Transfers to governments and persons covered This section applies with respect to—
(1) the acquisition of munitions items by the government of a country described in subsection (d); and
(2) the acquisition of munitions items by any individual, group, or other person within a country described in subsection (d), except to the extent that subparagraph (D) of subsection (b)(1) provides otherwise.
(d) Countries covered by prohibition The prohibitions contained in this section apply with respect to a country if the Secretary of State determines that the government of that country has repeatedly provided support for acts of international terrorism. For purposes of this subsection, such acts shall include all activities that the Secretary determines willfully aid or abet the international proliferation of nuclear explosive devices to individuals or groups, willfully aid or abet an individual or groups in acquiring unsafeguarded special nuclear material, or willfully aid or abet the efforts of an individual or group to use, develop, produce, stockpile, or otherwise acquire chemical, biological, or radiological weapons.
(e) Publication of determinations Each determination of the Secretary of State under subsection (d) shall be published in the Federal Register.
(f) Rescission (1) A determination made by the Secretary of State under subsection (d) may not be rescinded unless the President submits to the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the chairman of the Committee on Foreign Relations of the Senate—
(A) before the proposed rescission would take effect, a report certifying that—
(i) there has been a fundamental change in the leadership and policies of the government of the country concerned;
(ii) that government is not supporting acts of international terrorism; and
(iii) that government has provided assurances that it will not support acts of international terrorism in the future; or
(B) at least 45 days before the proposed rescission would take effect, a report justifying the rescission and certifying that—
(i) the government concerned has not provided any support for international terrorism during the preceding 6-month period; and
(ii) the government concerned has provided assurances that it will not support acts of international terrorism in the future.
(2) (A) No rescission under paragraph (1)(B) of a determination under subsection (d) may be made if the Congress, within 45 days after receipt of a report under paragraph (1)(B), enacts a joint resolution the matter after the resolving clause of which is as follows: “That the proposed rescission of the determination under section 40(d) of the Arms Export Control Act pursuant to the report submitted to the Congress on _________ is hereby prohibited.”, the blank to be completed with the appropriate date.
(B) A joint resolution described in subparagraph (A) and introduced within the appropriate 45-day period shall be considered in the Senate and the House of Representatives in accordance with paragraphs (3) through (7) of section 8066(c) of the Department of Defense Appropriations Act (as contained in Public Law 98473), except that references in such paragraphs to the Committees on Appropriations of the House of Representatives and the Senate shall be deemed to be references to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, respectively.
(g) Waiver The President may waive the prohibitions contained in this section with respect to a specific transaction if—
(1) the President determines that the transaction is essential to the national security interests of the United States; and
(2) not less than 15 days prior to the proposed transaction, the President—
(A) consults with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate; and
(B) submits to the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the chairman of the Committee on Foreign Relations of the Senate a report containing—
(i) the name of any country involved in the proposed transaction, the identity of any recipient of the items to be provided pursuant to the proposed transaction, and the anticipated use of those items;
(ii) a description of the munitions items involved in the proposed transaction (including their market value) and the actual sale price at each step in the transaction (or if the items are transferred by other than sale, the manner in which they will be provided);
(iii) the reasons why the proposed transaction is essential to the national security interests of the United States and the justification for such proposed transaction;
(iv) the date on which the proposed transaction is expected to occur; and
(v) the name of every United States Government department, agency, or other entity involved in the proposed transaction, every foreign government involved in the proposed transaction, and every private party with significant participation in the proposed transaction.
To the extent possible, the information specified in subparagraph (B) of paragraph (2) shall be provided in unclassified form, with any classified information provided in an addendum to the report.
(h) Exemption for transactions subject to National Security Act reporting requirements The prohibitions contained in this section do not apply with respect to any transaction subject to reporting requirements under title V of the National Security Act of 1947 ([50 U.S.C. 3091 et seq.]; relating to congressional oversight of intelligence activities).
(i) Relation to other laws (1) In general With regard to munitions items controlled pursuant to this chapter, the provisions of this section shall apply notwithstanding any other provision of law, other than section 614(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2364(a)).
(2) Section 614(a) waiver authority If the authority of section 614(a) of the Foreign Assistance Act of 1961 [22 U.S.C. 2364(a)] is used to permit a transaction under that Act [22 U.S.C. 2151 et seq.] or this chapter which is otherwise prohibited by this section, the written policy justification required by that section shall include the information specified in subsection (g)(2)(B) of this section.
(j) Criminal penalty Any person who willfully violates this section shall be fined for each violation not more than $1,000,000, imprisoned not more than 20 years, or both.
(k) Civil penalties; enforcement In the enforcement of this section, the President is authorized to exercise the same powers concerning violations and enforcement which are conferred upon departments, agencies, and officials by sections 11(c), 11(e), 11(g), and 12(a) 11 See References in Text note below. of the Export Administration Act of 1979 (subject to the same terms and conditions as are applicable to such powers under that Act), except that section 11(c)(2)(B) of such Act shall not apply, and instead, as prescribed in regulations issued under this section, the Secretary of State may assess civil penalties for violations of this chapter and regulations prescribed thereunder and further may commence a civil action to recover such civil penalties, and except further that, notwithstanding section 11(c) of that Act, the civil penalty for each violation of this section may not exceed $500,000.
(l) Definitions As used in this section—
(1) the term “munitions item” means any item enumerated on the United States Munitions list 22 So in original. Probably should be capitalized. (without regard to whether the item is imported into or exported from the United States);
(2) the term “United States”, when used geographically, means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States;
(3) the term “United States person” means—
(A) any citizen or permanent resident alien of the United States;
(B) any sole proprietorship, partnership, company, association, or corporation having its principal place of business within the United States or organized under the laws of the United States, any State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or any territory or possession of the United States;
(C) any other person with respect to that persons actions while in the United States; and
(D) to the extent provided in regulations issued by the Secretary of State, any person that is not described in subparagraph (A), (B), or (C) but—
(i) is a foreign subsidiary or affiliate of a United States person described in subparagraph (B) and is controlled in fact by that United States person (as determined in accordance with those regulations), or
(ii) is otherwise subject to the jurisdiction of the United States,
with respect to that persons actions while outside the United States;
(4) the term “nuclear explosive device” has the meaning given that term in section 6305(4) of this title; and
(5) the term “unsafeguarded special nuclear material” has the meaning given that term in section 6305(8) of this title.
(Pub. L. 90629, ch. 3, § 40, as added Pub. L. 99399, title V, § 509(a), Aug. 27, 1986, 100 Stat. 874; amended Pub. L. 101222, § 2(a), Dec. 12, 1989, 103 Stat. 1892; Pub. L. 102138, title III, § 321, Oct. 28, 1991, 105 Stat. 710; Pub. L. 103236, title VIII, § 822(a)(2), Apr. 30, 1994, 108 Stat. 511; Pub. L. 106113, div. B, § 1000(a)(7) [div. B, title XIII, § 1303], Nov. 29, 1999, 113 Stat. 1536, 1501A511; Pub. L. 107228, div. B, title XII, § 1204, Sept. 30, 2002, 116 Stat. 1427; Pub. L. 111195, title I, § 107(a)(3), July 1, 2010, 124 Stat. 1337; Pub. L. 113276, title II, § 208(a)(1), Dec. 18, 2014, 128 Stat. 2992.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a)(1), (2), (i)(1), and (k), was in the original “this Act”, and this chapter, referred to in subsec. (i)(2), was in the original “the Arms Export Control Act”, both of which mean Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. The Foreign Assistance Act of 1961, referred to in subsecs. (a)(1), (2) and (i)(2), is Pub. L. 87195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. Section 40(d) of the Arms Export Control Act, referred to in subsec. (f)(2)(A), is classified to subsec. (d) of this section. Paragraphs (3) through (7) of section 8066(c) of the Department of Defense Appropriations Act (as contained in Public Law 98473), referred to in subsec. (f)(2)(B), is Pub. L. 98473, title I, § 101(h) [title VIII, § 8066(c)(3)(7)], Oct. 12, 1984, 98 Stat. 1904, 1936, 1937, which is not classified to the Code. The National Security Act of 1947, referred to in subsec. (h), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§ 401 et seq.) of Title 50, War and National Defense, prior to editorial reclassification in chapter 44 (§ 3001 et seq.) of Title 50. Title V of the Act is now classified generally to subchapter III (§ 3091 et seq.) of chapter 44 of Title 50. For complete classification of this Act to the Code, see Tables. The Export Administration Act of 1979, referred to in subsec. (k), is Pub. L. 9672, Sept. 29, 1979, 93 Stat. 503, which was classified principally to chapter 56 (§ 4601 et seq.) of Title 50, War and National Defense, prior to repeal by Pub. L. 115232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232, except for sections 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613). Sections 11 and 12 of the Act were classified to sections 4610 and 4614, respectively, of Title 50 prior to repeal.
Amendments2014—Subsecs. (f)(1), (g)(2)(B). Pub. L. 113276 substituted “the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and” for “the Speaker of the House of Representatives and” in introductory provisions. 2010—Subsec. (j). Pub. L. 111195 substituted “20 years” for “10 years”. 2002—Subsec. (d). Pub. L. 107228 substituted “groups,” for “groups or” in second sentence and inserted before period at end “, or willfully aid or abet the efforts of an individual or group to use, develop, produce, stockpile, or otherwise acquire chemical, biological, or radiological weapons”. 1999—Subsec. (k). Pub. L. 106113 inserted “section 11(c)(2)(B) of such Act shall not apply, and instead, as prescribed in regulations issued under this section, the Secretary of State may assess civil penalties for violations of this chapter and regulations prescribed thereunder and further may commence a civil action to recover such civil penalties, and except further that” after “except that”. 1994—Subsec. (d). Pub. L. 103236, § 822(a)(2)(A), inserted at end “For purposes of this subsection, such acts shall include all activities that the Secretary determines willfully aid or abet the international proliferation of nuclear explosive devices to individuals or groups or willfully aid or abet an individual or groups in acquiring unsafeguarded special nuclear material.” Subsec. (l). Pub. L. 103236, § 822(a)(2)(B), amended subsec. (l) by striking “and” after the semicolon in par. (2), substituting a semicolon for the period at the end of par. (3), and adding pars. (4) and (5). 1991—Subsec. (f). Pub. L. 102138, § 321, designated existing provisions as par. (1), redesignated former par. (1) as subpar. (A) and former subpars. (A) to (C) as cls. (i) to (iii), respectively, redesignated former par. (2) as subpar. (B) and former subpars. (A) and (B) as cls. (i) and (ii), respectively, and added par. (2). So much of Pub. L. 102138, § 321(1), as directed that subpar. (C) of former par. (2) be redesignated cl. (iii) of par. (1)(B), could not be executed because no such subpar. (C) had been enacted. 1989—Pub. L. 101222 substituted “Transactions with” for “Exports to” in section catchline and amended text generally. Prior to amendment, text read as follows: “(a) Prohibition.—Except as provided in subsection (b) of this section, items on the United States Munitions List may not be exported to any country which the Secretary of State has determined, for purposes of section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)), has repeatedly provided support for acts of international terrorism. “(b) Waiver.—The President may waive the prohibition contained in subsection (a) of this section in the case of a particular export if the President determines that the export is important to the national interests of the United States and submits to the Congress a report justifying that determination and describing the proposed export. Any such waiver shall expire at the end of 90 days after it is granted unless the Congress enacts a law extending the waiver.”
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103236 effective 60 days after Apr. 30, 1994, see section 831 of Pub. L. 103236, set out as an Effective Date note under section 6301 of this title.
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# 22 U.S.C. § 2781 - Transactions with countries not fully cooperating with United States antiterrorism efforts
## Text
(a) Prohibited transactions No defense article or defense service may be sold or licensed for export under this chapter in a fiscal year to a foreign country that the President determines and certifies to Congress, by May 15 of the calendar year in which that fiscal year begins, is not cooperating fully with United States antiterrorism efforts.
(b) Waiver The President may waive the prohibition set forth in subsection (a) with respect to a specific transaction if the President determines that the transaction is important to the national interests of the United States.
(Pub. L. 90629, ch. 3, § 40A, as added Pub. L. 104132, title III, § 330, Apr. 24, 1996, 110 Stat. 1258.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.
Codification Another section 40A of Pub. L. 90629 is classified to section 2785 of this title.
Executive Documents
Delegation of Functions For delegation of functions of the President under this section, see section 1(q) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16130, set out as a note under section 2751 of this title. Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of this title and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637.
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# 22 U.S.C. § 2785 - End-use monitoring of defense articles and defense services
## Text
(a) Establishment of monitoring program (1) In general In order to improve accountability with respect to defense articles and defense services sold, leased, or exported under this chapter or the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the President shall establish a program which provides for the end-use monitoring of such articles and services.
(2) Requirements of program To the extent practicable, such program—
(A) shall provide for the end-use monitoring of defense articles and defense services in accordance with the standards that apply for identifying high-risk exports for regular end-use verification developed under section 2778(g)(7) of this title (commonly referred to as the “Blue Lantern” program); and
(B) shall be designed to provide reasonable assurance that—
(i) the recipient is complying with the requirements imposed by the United States Government with respect to use, transfers, and security of defense articles and defense services; and
(ii) such articles and services are being used for the purposes for which they are provided.
(b) Conduct of program In carrying out the program established under subsection (a), the President shall ensure that the program—
(1) provides for the end-use verification of defense articles and defense services that incorporate sensitive technology, defense articles and defense services that are particularly vulnerable to diversion or other misuse, or defense articles or defense services whose diversion or other misuse could have significant consequences; and
(2) prevents the diversion (through reverse engineering or other means) of technology incorporated in defense articles.
(c) Report to Congress Not later than 6 months after July 21, 1996, and annually thereafter as a part of the annual congressional presentation documents submitted under section 634 of the Foreign Assistance Act of 1961 [22 U.S.C. 2394], the President shall transmit to the Congress a report describing the actions taken to implement this section, including a detailed accounting of the costs and number of personnel associated with the monitoring program and the numbers, range, and findings of end-use monitoring of United States transfers of small arms and light weapons.
(d) Third country transfers For purposes of this section, defense articles and defense services sold, leased, or exported under this chapter or the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) includes defense articles and defense services that are transferred to a third country or other third party.
(Pub. L. 90629, ch. 3A, § 40A, as added Pub. L. 104164, title I, § 150(a), July 21, 1996, 110 Stat. 1436; amended Pub. L. 107228, div. B, title XII, § 1205(b), Sept. 30, 2002, 116 Stat. 1428.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a)(1) and (d), was in the original “this Act”, meaning Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. The Foreign Assistance Act of 1961, referred to in subsecs. (a)(1) and (d), is Pub. L. 87195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
Codification Another section 40A of Pub. L. 90629 is classified to section 2781 of this title.
Amendments2002—Subsec. (c). Pub. L. 107228 inserted “and the numbers, range, and findings of end-use monitoring of United States transfers of small arms and light weapons” before period at end.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 104164, title I, § 150(b), July 21, 1996, 110 Stat. 1437, provided that: “Section 40A of the Arms Export Control Act, as added by subsection (a) [22 U.S.C. 2785], applies with respect to defense articles and defense services provided before or after the date of the enactment of this Act [July 21, 1996].”
Executive Documents
Delegation of Functions For delegation of functions of the President under this section, with certain conditions, see section 1(p) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16130, set out as a note under section 2751 of this title. Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of this title and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637.
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# 22 U.S.C. § 2791 - General provisions
## Text
(a) Considerations in procurement outside United States In carrying out this chapter, special emphasis shall be placed on procurement in the United States, but, subject to the provisions of subsection (b) of this section, consideration shall also be given to coproduction or licensed production outside the United States of defense articles of United States origin when such production best serves the foreign policy, national security, and economy of the United States. In evaluating any sale proposed to be made pursuant to this chapter, there shall be taken into consideration (A) the extent to which the proposed sale damages or infringes upon licensing arrangements whereby United States entities have granted licenses for the manufacture of the defense articles selected by the purchasing country to entities located in friendly foreign countries, which licenses result in financial returns to the United States, (B) the portion of the defense articles so manufactured which is of United States origin, and (C) whether, and the extent to which, such sale might contribute to an arms race, aid in the development of weapons of mass destruction, support international terrorism, increase the possibility of outbreak or escalation of conflict, or prejudice the development of bilateral or multilateral arms control or nonproliferation agreements or other arrangements.
(b) Information to Congress on credit sales and guaranties No credit sale shall be extended under section 2763 of this title, and no guarantee shall be issued under section 2764 of this title, in any case involving coproduction or licensed, production outside the United States of any defense article of United States origin unless the Secretary of State shall, in advance of any such transaction, advise the appropriate committees of the Congress and furnish the Speaker of the House of Representatives and the President of the Senate with full information regarding the proposed transaction, including, but not limited to, a description of the particular defense article or articles which would be produced under a license or coproduced outside the United States, the estimated value of such production or coproduction, and the probable impact of the proposed transaction on employment and production within the United States.
(c) Availability of funds for procurement outside United States Funds made available under this chapter may be used for procurement outside the United States only if the President determines that such procurement will not result in adverse effects upon the economy of the United States or the industrial mobilization base, with special reference to any areas of labor surplus or to the net position of the United States in its balance of payments with the rest of the world, which outweigh the economic or other advantages to the United States of less costly procurement outside the United States.
(d) Responsibility of Secretary of Defense with respect to sales and guaranties (1) With respect to sales and guaranties under sections 2761, 2762, 2763, 2764, 2769 and 2770 of this title, the Secretary of Defense shall, under the direction of the President, have primary responsibility for—
(A) the determination of military end-item requirements;
(B) the procurement of military equipment in a manner which permits its integration with service programs;
(C) the supervision of the training of foreign military personnel;
(D) the movement and delivery of military end-items; and
(E) within the Department of Defense, the performance of any other functions with respect to sales and guaranties.
(2) The establishment of priorities in the procurement, delivery, and allocation of military equipment shall, under the direction of the President, be determined by the Secretary of Defense.
(e) Revocation and suspension provisions of contracts for sale and export licenses; appropriations for refunds (1) Each contract for sale entered into under sections 2761, 2762, 2769 and 2770 of this title, and each contract entered into under section 2767(d) of this title, shall provide that such contract may be canceled in whole or in part, or its execution suspended, by the United States at any time under unusual or compelling circumstances if the national interest so requires.
(2) (A) Each export license issued under section 2778 of this title shall provide that such license may be revoked, suspended, or amended by the Secretary of State, without prior notice, whenever the Secretary deems such action to be advisable.
(B) Nothing in this paragraph may be construed as limiting the regulatory authority of the President under this chapter.
(3) There are authorized to be appropriated from time to time such sums as may be necessary (A) to refund moneys received from purchasers under contracts of sale entered into under sections 2761, 2762, 2769 and 2770 of this title, or under contracts entered into under section 2767(d) of this title, that are canceled or suspended under this subsection to the extent such moneys have previously been disbursed to private contractors and United States Government agencies for work in progress, and (B) to pay such damages and costs that accrue from the corresponding cancellation or suspension of the existing procurement contracts or United States Government agency work orders involved.
(f) Use of civilian contract personnel in foreign countries The President shall, to the maximum extent possible and consistent with the purposes of this chapter, use civilian contract personnel in any foreign country to perform defense services sold under this chapter.
(Pub. L. 90629, ch. 4, § 42, Oct. 22, 1968, 82 Stat. 1326; Pub. L. 92226, pt. IV, § 401(e), (f), Feb. 7, 1972, 86 Stat. 33; Pub. L. 94141, title I, § 150(b), Nov. 29, 1975, 89 Stat. 760; Pub. L. 94329, title II, § 213, title VI, § 605(b), June 30, 1976, 90 Stat. 745, 768; Pub. L. 96533, title I, § 105(e)(3), Dec. 16, 1980, 94 Stat. 3135; Pub. L. 97392, § 2, Dec. 29, 1982, 96 Stat. 1963; Pub. L. 9983, title I, § 115(b)(3), Aug. 8, 1985, 99 Stat. 201; Pub. L. 99145, title XI, § 1102(a)(4), (5), Nov. 8, 1985, 99 Stat. 710; Pub. L. 99661, div. A, title XIII, § 1342(e), Nov. 14, 1986, 100 Stat. 3991; Pub. L. 103236, title VII, § 714(a)(2), Apr. 30, 1994, 108 Stat. 497; Pub. L. 105277, div. G, subdiv. A, title XII, § 1225(a)(3), Oct. 21, 1998, 112 Stat. 2681773.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.
Amendments1998—Subsec. (a). Pub. L. 105277 struck out par. (1) designation, struck out “the assessment of the Director of the United States Arms Control and Disarmament Agency as to” after “, and (C)”, and struck out par. (2) which read as follows: “Any proposed sale made pursuant to this chapter shall be approved only after consultation with the Director of the United States Arms Control and Disarmament Agency. The Director of the Arms Control and Disarmament Agency is authorized, whenever the Director determines that a sale under this section would be detrimental to the national security of the United States, to recommend to the President that such sale be disapproved.” 1994—Subsec. (a). Pub. L. 103236 designated existing provisions as par. (1), redesignated former cls. (1) to (3) as cls. (A) to (C), respectively, amended cl. (C) generally, and added par. (2). Prior to being amended generally, cl. (C) read as follows: “in coordination with the Director of the United States Arms Control and Disarmament Agency, the Directors opinion as to the extent to which such sale might contribute to an arms race, or increase the possibility of outbreak or escalation of conflict, or prejudice the development of bilateral or multilateral arms control arrangements.” 1986—Subsec. (e)(1), (3). Pub. L. 99661 repealed section 1102(a)(4) of Pub. L. 99145 and the amendments made by that section, and provided that this section shall apply as if that section had never been enacted. See 1985 Amendments note below. 1985—Subsec. (e)(1), (3). Pub. L. 9983 inserted reference to contracts under section 2767(d) of this title. Pub. L. 99145, § 1102(a)(4), which enacted amendments similar to those provided in Pub. L. 9983, was repealed. See 1986 Amendments note below and former section 1102(a)(5) of Pub. L. 99145 set out as a Repeals; Effective Date note under section 2752 of this title. 1982—Subsecs. (d)(1), (e)(1), (3)(A). Pub. L. 97392 substituted “2769 and 2770” for “and 2769”. 1980—Subsecs. (d)(1), (e)(1), (3). Pub. L. 96533, § 105(e)(3), inserted reference to section 2769 of this title. 1976—Subsec. (e). Pub. L. 94329, § 213, added subsec. (e). Subsec. (f). Pub. L. 94329, § 605(b), added subsec. (f). 1975—Subsec. (a)(3). Pub. L. 94141 inserted provision relating to coordination with the Director of the United States Arms Control and Disarmament Agency. 1972—Subsec. (a). Pub. L. 92226, § 401(e), (f)(1), added cl. (3) and inserted “, subject to the provisions of subsection (b) of this section,” before “consideration shall also be given”, respectively. Subsecs. (b) to (d). Pub. L. 92226, § 401(f)(2), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by Pub. L. 105277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105277, set out as an Effective Date note under section 6511 of this title.
Effective Date of 1985 AmendmentAmendment by Pub. L. 9983 effective Oct. 1, 1985, see section 1301 of Pub. L. 9983, set out as a note under section 21511 of this title.
Effective DateSection effective July 1, 1968, see section 41 of Pub. L. 90629, set out as a note under section 2751 of this title.
Executive Documents
Delegation of Functions For delegation of functions of the President under subsecs. (c) and (f) of this section, with certain conditions, see section 1(r) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16131, set out as a note under section 2751 of this title. Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of this title and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637.
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# 22 U.S.C. § 2792 - Administrative expenses
## Text
(a) Availability of funds Funds made available under other law for the operations of United States Government agencies carrying out functions under this chapter shall be available for the administrative expenses incurred by such agencies under this chapter.
(b) Charges for administrative expenses and official reception and representation expenses Charges for administrative services calculated under section 2761(e)(1)(A) of this title shall include recovery of administrative expenses and official reception and representation expenses incurred by any department or agency of the United States Government, including any mission or group thereof, in carrying out functions under this chapter when—
(1) such functions are primarily for the benefit of any foreign country;
(2) such expenses are not directly and fully charged to, and reimbursed from amounts received for, sale of defense services under section 2761(a) of this title; and
(3) such expenses are neither salaries of the Armed Forces of the United States nor represent unfunded estimated costs of civilian retirement and other benefits.
(c) Limitations on funds used for official reception and representation expenses Not more than $86,500 of the funds derived from charges for administrative services pursuant to section 2761(e)(1)(A) of this title may be used each fiscal year for official reception and representation expenses.
(Pub. L. 90629, ch. 4, § 43, Oct. 22, 1968, 82 Stat. 1327; Pub. L. 94329, title II, § 214, June 30, 1976, 90 Stat. 746; Pub. L. 9592, § 7(d), Aug. 4, 1977, 91 Stat. 617; Pub. L. 9692, § 19(b), Oct. 29, 1979, 93 Stat. 709; Pub. L. 97113, title VII, § 734(a)(10), Dec. 29, 1981, 95 Stat. 1560; Pub. L. 9983, title I, § 120, Aug. 8, 1985, 99 Stat. 204; Pub. L. 101165, title IX, § 9104(b)(1), Nov. 21, 1989, 103 Stat. 1152; Pub. L. 107228, div. B, title XII, § 1203, Sept. 30, 2002, 116 Stat. 1427.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.
Amendments2002—Subsec. (c). Pub. L. 107228 substituted “$86,500” for “$72,500”. 1989—Subsec. (b)(3). Pub. L. 101165 added par. (3). 1985—Subsec. (b). Pub. L. 9983, § 120(1), inserted “and official reception and representation expenses”. Subsec. (c). Pub. L. 9983, § 120(2), added subsec. (c). 1981—Subsec. (c). Pub. L. 97113 struck out subsec. (c) which required a Presidential report to Congress no later than Jan. 15 of each year containing analysis and description of Federal personnel arms export control services performed previous fiscal year. See section 2765(a)(6) of this title. 1979—Subsec. (c). Pub. L. 9692 added subsec. (c). 1977—Subsec. (b). Pub. L. 9592 substituted provisions relating to criteria for recovery of charges for administrative expenses calculated under section 2761(e)(1)(A) of this title, for provisions relating to reimbursement from amounts received for sales under sections 2761 and 2762 of this title of administrative expenses incurred by a United States government department or agency in carrying out functions under this chapter for the benefit of any foreign country. 1976—Pub. L. 94329 designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1985 AmendmentAmendment by Pub. L. 9983 effective Oct. 1, 1985, see section 1301 of Pub. L. 9983, set out as a note under section 21511 of this title.
Effective DateSection effective July 1, 1968, see section 41 of Pub. L. 90629, set out as a note under section 2751 of this title.
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# 22 U.S.C. § 2793 - Other provisions unaffected
## Text
No provision of this chapter shall be construed as modifying in any way the provisions of the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.], or section 8677 of title 10.
(Pub. L. 90629, ch. 4, § 44, Oct. 22, 1968, 82 Stat. 1327; Pub. L. 115232, div. A, title VIII, § 809(f), Aug. 13, 2018, 132 Stat. 1842.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. The Atomic Energy Act of 1954, as amended, referred to in text, is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables.
Amendments2018—Pub. L. 115232 substituted “section 8677 of title 10” for “section 7307 of title 10”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115232, set out as a note preceding section 3001 of Title 10, Armed Forces.
Effective DateSection effective July 1, 1968, see section 41 of Pub. L. 90629, set out as a note under section 2751 of this title.
Specific Application of Other Provisions to this ChapterExcept for laws specified in this section, other provisions inapplicable to this chapter without a specific reference thereto or to sales of defense articles and defense services under any Act, see section 45(c) of Pub. L. 90629, set out as a note under section 2751 of this title.
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# 22 U.S.C. § 2794 - Definitions
## Text
For purposes of this chapter, the term—
(1) “excess defense article” has the meaning provided by section 2403(g) of this title;
(2) “value” means, in the case of an excess defense article, except as otherwise provided in section 2761(a) of this title, not less than the greater of—
(A) the gross cost incurred by the United States Government in repairing, rehabilitating, or modifying such article, plus the scrap value; or
(B) the market value, if ascertainable;
(3) “defense article”, except as provided in paragraph (7) of this section, means, with respect to a sale or transfer by the United States under the authority of this chapter or any other foreign assistance or sales program of the United States—
(A) any weapon, weapons system, munition, aircraft, vessel, boat, or other implement of war,
(B) any property, installation, commodity, material, equipment, supply, or goods used for the purposes of making military sales,
(C) any machinery, facility, tool, material, supply, or other item necessary for the manufacture, production, processing, repair, servicing, storage, construction, transportation, operation, or use of any article listed in this paragraph, and
(D) any component or part of any article listed in this paragraph,
but does not include merchant vessels or (as defined by the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.]) source material (except uranium depleted in the isotope 235 which is incorporated in defense articles solely to take advantage of high density or pyrophoric characteristics unrelated to radioactivity), byproduct material, special nuclear material, production facilities, utilization facilities, or atomic weapons or articles involving Restricted Data;
(4) “defense service”, except as provided in paragraph (7) of this section, means, with respect to a sale or transfer by the United States under the authority of this chapter or any other foreign assistance or sales program of the United States, any service, test, inspection, repair, training, publication, technical or other assistance, or defense information (as defined in section 2403(e) of this title), used for the purposes of making military sales, but does not include design and construction services under section 2769 of this title;
(5) “training” includes formal or informal instruction of foreign students in the United States or overseas by officers or employees of the United States, contract technicians, or contractors (including instruction at civilian institutions), or by correspondence courses, technical, educational, or information publications and media of all kinds, training aid, orientation, training exercise, and military advice to foreign military units and forces;
(6) “major defense equipment” means any item of significant military equipment on the United States Munitions List having a nonrecurring research and development cost of more than $50,000,000 or a total production cost of more than $200,000,000;
(7) “defense articles and defense services” means, with respect to commercial exports subject to the provisions of section 2778 of this title, those items designated by the President pursuant to subsection (a)(1) of such section;
(8) “design and construction services” means, with respect to sales under section 2769 of this title, the design and construction of real property facilities, including necessary construction equipment and materials, engineering services, construction contract management services relating thereto, and technical advisory assistance in the operation and maintenance of real property facilities provided or performed by any department or agency of the Department of Defense or by a contractor pursuant to a contract with such department or agency;
(9) “significant military equipment” means articles—
(A) for which special export controls are warranted because of the capacity of such articles for substantial military utility or capability; and
(B) identified on the United States Munitions List;
(10) “weapons of mass destruction” has the meaning provided by section 2302(1) of title 50; and
(11) “Sales territory” means a country or group of countries to which a defense article or defense service is authorized to be reexported.
(Pub. L. 90629, ch. 4, § 47, as added Pub. L. 93189, § 25(12), Dec. 17, 1973, 87 Stat. 731; amended Pub. L. 94329, title II, § 215, June 30, 1976, 90 Stat. 746; Pub. L. 9692, § 22, Oct. 29, 1979, 93 Stat. 710; Pub. L. 96533, title I, § 105(f), Dec. 16, 1980, 94 Stat. 3135; Pub. L. 9983, title I, § 107(b), title XII, § 1211(b)(3), Aug. 8, 1985, 99 Stat. 197, 279; Pub. L. 104164, title I, § 144, July 21, 1996, 110 Stat. 1434; Pub. L. 107228, div. B, title XII, § 1202(b), title XIV, § 1405(a)(4), Sept. 30, 2002, 116 Stat. 1427, 1458; Pub. L. 113276, title II, §§ 207, 208(b)(1)(B), Dec. 18, 2014, 128 Stat. 2992, 2993.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. The Atomic Energy Act of 1954, referred to in par. (3), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables.
Amendments2014—Par. (2). Pub. L. 113276, § 208(b)(1)(B), substituted “2761(a) of this title,” for “2761(a) of this title,,” in introductory provisions. Par. (3). Pub. L. 113276, § 207(1), in introductory provisions, substituted “means, with respect to a sale or transfer by the United States under the authority of this chapter or any other foreign assistance or sales program of the United States—” for “includes—”. Par. (4). Pub. L. 113276, § 207(2), substituted “means, with respect to a sale or transfer by the United States under the authority of this chapter or any other foreign assistance or sales program of the United States,” for “includes”. 2002—Par. (10). Pub. L. 107228, § 1202(b), added par. (10). Par. (11). Pub. L. 107228, § 1405(a)(4), added par. (11). 1996—Par. (9). Pub. L. 104164 added par. (9). 1985—Par. (2). Pub. L. 9983, § 107(b), inserted “, except as otherwise provided in section 2761(a) of this title,”. Par. (6). Pub. L. 9983, § 1211(b)(3), substituted “military” for “combat”. 1980—Par. (4). Pub. L. 96533, § 105(f)(1), excluded from term “defense service” design and construction services under section 2769 of this title. Par. (8). Pub. L. 96533, § 105(f)(2)(4), added par. (8). 1979—Par. (3). Pub. L. 9692 defined “defense article” to include uranium depleted in the isotope 235 which is incorporated in defense articles solely to take advantage of high density or pyrophoric characteristics unrelated to radioactivity. 1976—Pars. (3) to (7). Pub. L. 94329 added pars. (3) to (7).
Statutory Notes and Related Subsidiaries
Effective Date of 1985 AmendmentAmendment by Pub. L. 9983 effective Oct. 1, 1985, see section 1301 of Pub. L. 9983, set out as a note under section 21511 of this title.
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# 22 U.S.C. § 2795 - Fund
## Text
(a) Establishment; purposes; special requirements and responsibilities; continuous orders for certain articles and services; articles for narcotics control purposes (1) Under the direction of the President and in consultation with the Secretary of State, the Secretary of Defense shall establish a Special Defense Acquisition Fund (hereafter in this subchapter referred to as the “Fund”), to be used as a revolving fund separate from other accounts, under the control of the Department of Defense, to finance the acquisition of defense articles and defense service in anticipation of their transfer pursuant to this chapter, the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], or as otherwise authorized by law, to eligible foreign countries and international organizations, and may acquire such articles and services with the funds in the Fund as he may determine. Acquisition under this subchapter of items for which the initial issue quantity requirements for United States Armed Forces have not been fulfilled and are not under current procurement contract shall be emphasized when compatible with security assistance requirements for the transfer of such items.
(2) Nothing in this subchapter may be construed to limit or impair any responsibilities conferred upon the Secretary of State or the Secretary of Defense under this chapter or the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.].
(3) The Fund may be used to keep on continuous order such defense articles and defense services as are assigned by the Department of Defense for integrated management by a single agency thereof for the common use of all military departments in anticipation of the transfer of similar defense articles and defense services to foreign countries and international organizations pursuant to this chapter, the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], or other law.
(4) The Fund shall also be used to acquire defense articles that are particularly suited for use for narcotics control purposes and are appropriate to the needs of recipient countries, such as small boats, planes (including helicopters), and communications equipment.
(b) Collections in Fund The Fund shall consist of—
(1) collections from sales made under letters of offer issued pursuant to section 2761(a)(1)(A) of this title representing the actual value of defense articles not intended to be replaced in stock,
(2) collections from sales representing the value of asset use charges (including contractor rental payments for United States Government-owned plant and production equipment) and charges for the proportionate recoupment of nonrecurring research, development, and production costs, and
(3) collections from sales made under letters of offer (or transfers made under the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.]) of defense articles and defense services acquired under this subchapter, representing the value of such items calculated in accordance with subparagraph (B) or (C) of section 2761(a)(1) of this title or section 2762 of this title or section 644(m) of the Foreign Assistance Act of 1961 [22 U.S.C. 2403(m)], as appropriate,
together with such funds as may be authorized and appropriated or otherwise made available for the purposes of the Fund.
(c) Amounts (1) The size of the Fund may not exceed such dollar amount as is prescribed in section 114(c) of title 10. For purposes of this limitation, the size of the Fund is the amounts in the Fund plus the value (in terms of acquisition cost) of the defense articles acquired under this subchapter which have not been transferred from the Fund in accordance with this subchapter.
(2) Amounts in the Fund shall be available for obligation in any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts.
(Pub. L. 90629, ch. 5, § 51, as added Pub. L. 97113, title I, § 108(a), Dec. 29, 1981, 95 Stat. 1522; amended Pub. L. 9983, title I, § 121, Aug. 8, 1985, 99 Stat. 204; Pub. L. 99139, § 1(a), Oct. 30, 1985, 99 Stat. 562; Pub. L. 99433, title I, § 110(h)(1), Oct. 1, 1986, 100 Stat. 1004; Pub. L. 101231, § 4, Dec. 13, 1989, 103 Stat. 1957; Pub. L. 104164, title I, § 145(b), July 21, 1996, 110 Stat. 1434.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a)(1) to (3), was in the original “this Act”, meaning Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. The Foreign Assistance Act of 1961, referred to in subsecs. (a) and (b)(3), is Pub. L. 87195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
Amendments1996—Subsec. (a)(4). Pub. L. 104164 redesignated subpar. (A) as entire par. (4) and struck out subpar. (B) which read as follows: “Each report pursuant to section 2795b(a) of this title shall designate the defense articles that have been acquired or are to be acquired pursuant to this paragraph and the defense articles acquired under this subchapter that were transferred for use in narcotics control purposes.” 1989—Subsec. (a)(4). Pub. L. 101231 added par. (4). 1986—Subsec. (c)(1). Pub. L. 99433 substituted “section 114(c)” for “section 138(g)”. 1985—Subsec. (a)(3). Pub. L. 9983, § 121(a), added par. (3). Subsec. (b). Pub. L. 99139 amended subsec. (b) generally, so as to read similar to how it read prior to the amendment by Pub. L. 9983. Pub. L. 9983 amended subsec. (b) to read as follows: “The Fund shall consist of collections from sales made under letters of offer, or transfers made under the Foreign Assistance Act of 1961, of defense articles and defense services acquired under this subchapter (representing the value of such items calculated in accordance with subparagraph (B) or (C) of section 2761(a)(1) of this title or section 2762 of this title or section 644(m) of the Foreign Assistance Act of 1961, as appropriate), together with such funds as may be authorized and appropriated or otherwise made available for the purposes of the Fund.”
Statutory Notes and Related Subsidiaries
Effective Date of 1985 AmendmentsPub. L. 99139, § 1(b), Oct. 30, 1985, 99 Stat. 562, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as of October 1, 1985.” Amendment by Pub. L. 9983 effective Oct. 1, 1985, see section 1301 of Pub. L. 9983, set out as a note under section 21511 of this title.
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# 22 U.S.C. § 2795a - Use and transfer of items procured by Fund
## Text
(a) Authorization No defense article or defense service acquired by the Secretary of Defense under this subchapter may be transferred to any foreign country or international organization unless such transfer is authorized by this chapter, the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], or other law.
(b) Temporary use The President may authorize the temporary use by the United States Armed Forces of defense articles and defense services acquired under this subchapter prior to their transfer to a foreign country or international organization, if such is necessary to meet national defense requirements and the United States Armed Forces bear the costs of operation and maintenance of such articles or services while in their use and the costs of restoration or replacement upon the termination of such use.
(c) Storage, maintenance and other costs Except as provided in subsection (b) of this section, the Fund may be used to pay for storage, maintenance, and other costs related to the preservation and preparation for transfer of defense articles and defense services acquired under this subchapter prior to their transfer, as well as the administrative costs of the Department of Defense incurred in the acquisition of such items to the extent not reimbursed pursuant to section 2792(b) of this title.
(Pub. L. 90629, ch. 5, § 52, as added Pub. L. 97113, title I, § 108(a), Dec. 29, 1981, 95 Stat. 1523.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. The Foreign Assistance Act of 1961, referred to in subsec. (a), is Pub. L. 87195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
Executive Documents
Delegation of Functions For delegation of functions of the President under subsec. (b) of this section, see section 1(s) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16131, set out as a note under section 2751 of this title. Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of this title and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637.
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# 22 U.S.C. § 2795b - Repealed. Pub. L. 104164, title I, § 145(a), July 21, 1996, 110 Stat. 1434
## Notes
Section, Pub. L. 90629, ch. 5, § 53, as added Pub. L. 97113, title I, § 108(a), Dec. 29, 1981, 95 Stat. 1524; amended Pub. L. 99433, title I, § 110(h)(2), Oct. 1, 1986, 100 Stat. 1004, directed President to submit annual report to Congress on acquisitions of defense articles and services under this subchapter and required report to include estimate of likely procurements to be made through Special Defense Acquisition Fund.
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# 22 U.S.C. § 2796 - Leasing authority
## Text
(a) Preconditions The President may lease defense articles in the stocks of the Department of Defense to an eligible foreign country or international organization if—
(1) he determines that there are compelling foreign policy and national security reasons for providing such articles on a lease basis rather than on a sales basis under this chapter;
(2) he determines that the articles are not for the time needed for public use;
(3) the President first considers the effects of the lease of the articles on the national technology and industrial base, particularly the extent, if any, to which the lease reduces the opportunities of entities in the national technology and industrial base to sell new equipment to the country or countries to which the articles are leased; and
(4) the country or international organization has agreed to pay in United States dollars all costs incurred by the United States Government in leasing such articles, including reimbursement for depreciation of such articles while leased, the costs of restoration or replacement if the articles are damaged while leased, and, if the articles are lost or destroyed while leased—
(A) in the event the United States intends to replace the articles lost or destroyed, the replacement cost (less any depreciation in the value) of the articles; or
(B) in the event the United States does not intend to replace the articles lost or destroyed, an amount not less than the actual value (less any depreciation in the value) specified in the lease agreement.
The requirement of paragraph (4) shall not apply to leases entered into for purposes of cooperative research or development, military exercises, or communications or electronics interface projects. The President may waive the requirement of paragraph (4) for reimbursement of depreciation for any defense article which has passed three-quarters of its normal service life if the President determines that to do so is important to the national security interest of the United States. The President may waive the requirement of paragraph (4) with respect to a lease which is made in exchange with the lessee for a lease on substantially reciprocal terms of defense articles for the Department of Defense, except that this waiver authority—
(A) may be exercised only if the President submits to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate, in accordance with the regular notification procedures of those Committees, a detailed notification for each lease with respect to which the authority is exercised; and
(B) may be exercised only during the fiscal year 11 So in original. The words “the fiscal year” probably should not appear. the current fiscal year and only with respect to one country, unless the Congress hereafter provides otherwise.
The preceding sentence does not constitute authorization of appropriations for payments by the United States for leased articles.
(b) Duration; termination (1) Each lease agreement under this section shall be for a fixed duration which may not exceed (A) five years, and (B) a specified period of time required to complete major refurbishment work of the leased articles to be performed prior to the delivery of the leased articles, and shall provide that, at any time during the duration of the lease, the President may terminate the lease and require the immediate return of the leased articles.
(2) In this subsection, the term “major refurbishment work” means work for which the period of performance is 6 months or more.
(c) Applicable statutory authorities Defense articles in the stocks of the Department of Defense may be leased or loaned to a foreign country or international organization only under the authority of this subchapter or chapter 2 of part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2311 et seq.], and may not be leased to a foreign country or international organization under the authority of section 2667 of title 10.
(Pub. L. 90629, ch. 6, § 61, as added Pub. L. 97113, title I, § 109(a), Dec. 29, 1981, 95 Stat. 1524; amended Pub. L. 99500, § 147, Oct. 18, 1986, 100 Stat. 1783351, and Pub. L. 99591, § 147, Oct. 30, 1986, 100 Stat. 3341354; Pub. L. 100202, § 101(e) [title V, § 556], Dec. 22, 1987, 101 Stat. 1329131, 1329170; Pub. L. 100461, title V, § 552, Oct. 1, 1988, 102 Stat. 226835; Pub. L. 101167, title V, § 550, Nov. 21, 1989, 103 Stat. 1235; Pub. L. 101513, title V, § 546, Nov. 5, 1990, 104 Stat. 2019; Pub. L. 102145, § 118, as added Pub. L. 102266, § 102, Apr. 1, 1992, 106 Stat. 93; Pub. L. 102391, title V, § 544, Oct. 6, 1992, 106 Stat. 1672; Pub. L. 10387, title V, § 524, Sept. 30, 1993, 107 Stat. 952; Pub. L. 103236, title VII, § 731(e), Apr. 30, 1994, 108 Stat. 503; Pub. L. 103306, title V, § 524, Aug. 23, 1994, 108 Stat. 1632; Pub. L. 104107, title V, § 524, Feb. 12, 1996, 110 Stat. 729; Pub. L. 104164, title I, §§ 146, 153(a), July 21, 1996, 110 Stat. 1434, 1440; Pub. L. 104208, div. A, title I, § 101(c) [title V, § 524], Sept. 30, 1996, 110 Stat. 3009121, 3009149; Pub. L. 105118, title V, § 524, Nov. 26, 1997, 111 Stat. 2412; Pub. L. 105277, div. A, § 101(d) [title V, § 524], Oct. 21, 1998, 112 Stat. 2681150, 2681177; Pub. L. 107228, div. B, title XII, § 1233, Sept. 30, 2002, 116 Stat. 1433.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a)(1), was in the original “this Act”, meaning Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. The Foreign Assistance Act of 1961, referred to in subsec. (c), is Pub. L. 87195, Sept. 4, 1961, 75 Stat. 424. Chapter 2 of part II of that Act is classified generally to part II (§ 2311 et seq.) of subchapter II of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
Codification Amendment by Pub. L. 102145 is based on section 545 of H.R. 2621, One Hundred Second Congress, 1st Session, as passed by the House of Representatives on June 19, 1991, which was enacted into law by Pub. L. 102145, § 118, as added by Pub. L. 102266, § 102, Apr. 1, 1992, 106 Stat. 93. Section 118 of Pub. L. 102145 provided that the authority and conditions provided in such section 545 shall be applicable to funds appropriated by Pub. L. 102145 (and are hereby enacted) in lieu of the authority and conditions provided in section 546 of Pub. L. 101513. See 1990, 1991, and 1992 Amendment notes below. Pub. L. 99591 is a corrected version of Pub. L. 99500.
Amendments2002—Subsec. (b). Pub. L. 107228 designated existing provisions as par. (1), substituted “which may not exceed (A) five years, and (B) a specified period of time required to complete major refurbishment work of the leased articles to be performed prior to the delivery of the leased articles,” for “of not to exceed five years”, and added par. (2). 1998—Subsec. (a). Pub. L. 105277 substituted “the current fiscal year” for “1998” in par. (B). 1997—Subsec. (a). Pub. L. 105118 substituted “1998” for “1997” in par. (B). 1996—Subsec. (a). Pub. L. 104164, § 153(a), struck out “, or to any defense article which has passed three-quarters of its normal service life.” after “electronics interface projects” in second sentence and inserted after second sentence “The President may waive the requirement of paragraph (4) for reimbursement of depreciation for any defense article which has passed three-quarters of its normal service life if the President determines that to do so is important to the national security interest of the United States.” Pub. L. 104208 substituted “1997” for “1996” in par. (B). Pub. L. 104107 substituted “1996” for “1995” in par. (B). Subsec. (a)(4). Pub. L. 104164, § 146, substituted “and, if the articles are lost or destroyed while leased— “(A) in the event the United States intends to replace the articles lost or destroyed, the replacement cost (less any depreciation in the value) of the articles; or “(B) in the event the United States does not intend to replace the articles lost or destroyed, an amount not less than the actual value (less any depreciation in the value) specified in the lease agreement” for “and the replacement cost (less any depreciation in the value) of the articles if the articles are lost or destroyed while leased”. 1994—Subsec. (a). Pub. L. 103306 substituted “1995” for “1994” in par. (B). Pub. L. 103236 struck out “and” at end of par. (2), added par. (3), redesignated former par. (3) as (4), and substituted “paragraph (4)” for “paragraph (3)” in two places in provisions following par. (4). 1993—Subsec. (a). Pub. L. 10387 substituted “1994” for “1993” in par. (B). 1992—Subsec. (a). Pub. L. 102391 substituted “1993” for “1992” in par. (B). Pub. L. 102266 added Pub. L. 102145, § 118. See 1991 Amendment note below. 1991—Subsec. (a). Pub. L. 102145, § 118, as added by Pub. L. 102266, substituted “1992” for “1991” in par. (B). See Codification note above. 1990—Subsec. (a). Pub. L. 101513 substituted “1991” for “1990” in par. (B). 1989—Subsec. (a). Pub. L. 101167 substituted “1990” for “1989” in par. (B). 1988—Subsec. (a). Pub. L. 100461 substituted “1989” for “1988” in par. (B). 1987—Subsec. (a). Pub. L. 100202 substituted “1988” for “1987” in par. (B). 1986—Subsec. (a). Pub. L. 99500 and Pub. L. 99591 inserted provision authorizing the President to waive the requirements of par. (3) with respect to a lease which is made in exchange with the lessee for a lease on substantially reciprocal terms of defense articles for the Department of Defense and providing exceptions to such waiver authority.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentPub. L. 104164, title I, § 153(b), July 21, 1996, 110 Stat. 1440, provided that: “The third sentence of section 61(a) of the Arms Export Control Act, as added by subsection (a)(2) [22 U.S.C. 2796(a)], shall apply only with respect to a defense article leased on or after the date of the enactment of this Act [July 21, 1996].”
Executive Documents
Delegation of Functions For delegation of functions of the President under this section, see section 1(t) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16131, set out as a note under section 2751 of this title. Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of this title and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637.
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# 22 U.S.C. § 2796a - Reports to Congress
## Text
(a) Written certification to Speaker of the House and chairmen of Congressional committees Before entering into or renewing any agreement with a foreign country or international organization to lease any defense article under this subchapter, or to loan any defense article under chapter 2 of part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2311 et seq.], for a period of one year or longer, the President shall transmit to the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and to the chairman of the Committee on Foreign Relations of the Senate and the chairman of the Committee on Armed Services of the Senate, a written certification which specifies—
(1) the country or international organization to which the defense article is to be leased or loaned;
(2) the type, quantity, and value (in terms of replacement cost) of the defense article to be leased or loaned;
(3) the terms and duration of the lease or loan; and
(4) a justification for the lease or loan, including an explanation of why the defense article is being leased or loaned rather than sold under this chapter.
(b) Waiver; determination of emergency The President may waive the requirements of this section (and in the case of an agreement described in section 2796b of this title, may waive the provisions of that section) if he states in his certification, that an emergency exists which requires that the lease or loan be entered into immediately in the national security interests of the United States. If the President states in his certification that such an emergency exists, he shall set forth in the certification a detailed justification for his determination, including a description of the emergency circumstances which necessitate that the lease be entered into immediately and a discussion of the national security interests involved.
(c) Transmission of certification The certification required by subsection (a) shall be transmitted—
(1) not less than 15 calendar days before the agreement is entered into or renewed in the case of an agreement with the North Atlantic Treaty Organization, any member country of that Organization or Australia, Japan, the Republic of Korea, Israel, or New Zealand; and
(2) not less than 30 calendar days before the agreement is entered into or renewed in the case of an agreement with any other organization or country.
(Pub. L. 90629, ch. 6, § 62, as added Pub. L. 97113, title I, § 109(a), Dec. 29, 1981, 95 Stat. 1525; amended Pub. L. 104164, title I, § 141(e)(1), July 21, 1996, 110 Stat. 1432; Pub. L. 110429, title II, § 203(b)(1), Oct. 15, 2008, 122 Stat. 4845; Pub. L. 111266, title III, § 301(1), Oct. 8, 2010, 124 Stat. 2804; Pub. L. 113276, title II, § 208(a)(4), Dec. 18, 2014, 128 Stat. 2993.)
## Notes
Editorial Notes
References in TextThe Foreign Assistance Act of 1961, referred to in subsec. (a), is Pub. L. 87195, Sept. 4, 1961, 75 Stat. 424. Chapter 2 of part II of that Act is classified generally to part II (§ 2311 et seq.) of subchapter II of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. This chapter, referred to in subsec. (a)(4), was in the original “this Act”, meaning Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.
Amendments2014—Subsec. (a). Pub. L. 113276 inserted “the Committee on Foreign Affairs of the House of Representatives,” after “the Speaker of the House of Representatives,” in introductory provisions. 2010—Subsec. (c)(1). Pub. L. 111266 inserted “Israel,” before “or New Zealand”. 2008—Subsec. (c)(1). Pub. L. 110429 inserted “the Republic of Korea,” before “or New Zealand”. 1996—Subsec. (a). Pub. L. 104164, § 141(e)(1)(A), substituted “Before” for “Not less than 30 days before”. Subsec. (b). Pub. L. 104164, § 141(e)(1)(B), substituted “states in his certification” for “determines, and immediately reports to the Congress” and inserted at end “If the President states in his certification that such an emergency exists, he shall set forth in the certification a detailed justification for his determination, including a description of the emergency circumstances which necessitate that the lease be entered into immediately and a discussion of the national security interests involved.” Subsec. (c). Pub. L. 104164, § 141(e)(1)(C), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104164 applicable with respect to certifications required to be submitted on or after July 21, 1996, see section 141(f) of Pub. L. 104164, set out as a note under section 2753 of this title.
Executive Documents
Delegation of Functions For delegation of functions of the President under subsec. (a) of this section, see section 1(t) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16131, set out as a note under section 2751 of this title. Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of this title and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637.
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# 22 U.S.C. § 2796b - Legislative review procedures
## Text
(a) Applicability (1) Subject to paragraph (2), in the case of any agreement involving the lease under this subchapter, or the loan under chapter 2 of part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2311 et seq.], to any foreign country or international organization for a period of one year or longer of any defense articles which are either (i) major defense equipment valued (in terms of its replacement cost less any depreciation in its value) at $14,000,000 or more, or (ii) defense articles valued (in terms of their replacement cost less any depreciation in their value) at $50,000,000 or more, the agreement may not be entered into or renewed if the Congress, within the 15-day or 30-day period specified in section 2796a(c)(1) or (2) of this title, as the case may be, enacts a joint resolution prohibiting the proposed lease or loan.
(2) In the case of an agreement described in paragraph (1) that is entered into with a member country of the North Atlantic Treaty Organization (NATO) or Australia, Japan, the Republic of Korea, Israel, or New Zealand, the limitations in paragraph (1) shall apply only if the agreement involves a lease or loan of—
(A) major defense equipment valued (in terms of its replacement cost less any depreciation in its value) at $25,000,000 or more; or
(B) defense articles valued (in terms of their replacement cost less any depreciation in their value) at $100,000,000 or more.
(b) Consideration of resolution Any joint resolution under subsection (a) shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.
(c) Highly privileged nature of resolution For the purpose of expediting the consideration and enactment of joint resolutions under subsection (a), a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.
(Pub. L. 90629, ch. 6, § 63, as added Pub. L. 97113, title I, § 109(a), Dec. 29, 1981, 95 Stat. 1525; amended Pub. L. 99247, § 1(d), Feb. 12, 1986, 100 Stat. 9; Pub. L. 104164, title I, § 141(e)(2), July 21, 1996, 110 Stat. 1433; Pub. L. 107228, div. B, title XIV, § 1405(a)(3), Sept. 30, 2002, 116 Stat. 1457; Pub. L. 110429, title II, § 203(b)(1), Oct. 15, 2008, 122 Stat. 4845; Pub. L. 111266, title III, § 301(1), Oct. 8, 2010, 124 Stat. 2804.)
## Notes
Editorial Notes
References in TextThe Foreign Assistance Act of 1961, referred to in subsec. (a)(1), is Pub. L. 87195, Sept. 4, 1961, 75 Stat. 424. Chapter 2 of part II of that Act is classified generally to part II (§ 2311 et seq.) of subchapter II of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. Section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, referred to in subsec. (b), is section 601(b) of Pub. L. 94329, June 30, 1976, 90 Stat. 765, which made provision for expedited procedures in the Senate, and was not classified to the Code.
Amendments2010—Subsec. (a)(2). Pub. L. 111266 inserted “Israel,” before “or New Zealand” in introductory provisions. 2008—Subsec. (a)(2). Pub. L. 110429 inserted “the Republic of Korea,” before “or New Zealand”. 2002—Subsec. (a). Pub. L. 107228 designated existing provisions as par. (1), substituted “Subject to paragraph (2), in the case of” for “In the case of”, and added par. (2). 1996—Subsec. (a). Pub. L. 104164 redesignated par. (1) as entire subsec. (a), substituted “the 15-day or 30-day period specified in section 2796a(c)(1) or (2) of this title, as the case may be” for “30 calendar days after receiving the certification with respect to that proposed agreement pursuant to section 2796a(a) of this title”, and struck out par. (2) which read as follows: “This section shall not apply with respect to a loan or lease to the North Atlantic Treaty Organization, any member country of that Organization, Japan, Australia, or New Zealand.” 1986—Subsec. (a)(1). Pub. L. 99247, § 1(d)(1), substituted “enacts a joint resolution prohibiting” for “adopts a concurrent resolution stating that it objects to”. Subsec. (b). Pub. L. 99247, § 1(d)(2), inserted “joint” before “resolution”. Subsec. (c). Pub. L. 99247, § 1(d)(3), substituted “enactment of joint resolutions” for “adoption of concurrent resolutions” and “such joint resolution” for “such resolution”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104164 applicable with respect to certifications required to be submitted on or after July 21, 1996, see section 141(f) of Pub. L. 104164, set out as a note under section 2753 of this title.
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# 22 U.S.C. § 2796c - Applicability of other statutory provisions
## Text
Any reference to sales of defense articles under this chapter in any provision of law restricting the countries or organizations to which such sales may be made shall be deemed to include a reference to leases of defense articles under this subchapter.
(Pub. L. 90629, ch. 6, § 64, as added Pub. L. 97113, title I, § 109(a), Dec. 29, 1981, 95 Stat. 1526.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.
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# 22 U.S.C. § 2796d - Loan of materials, supplies, and equipment for research and development purposes
## Text
(a) Loan or gift transactions; written agreement; covered programs (1) Except as provided in subsection (c), the Secretary of Defense may loan to a country that is a NATO or major non-NATO ally materials, supplies, or equipment for the purpose of carrying out a program of cooperative research, development, testing, or evaluation. The Secretary may accept as a loan or a gift from a country that is a NATO or major non-NATO ally materials, supplies, or equipment for such purpose.
(2) Each loan or gift transaction entered into by the Secretary under this section shall be provided for under the terms of a written agreement between the Secretary and the country concerned.
(3) A program of testing or evaluation for which the Secretary may loan materials, supplies, or equipment under this section includes a program of testing or evaluation conducted solely for the purpose of standardization, interchangeability, or technical evaluation if the country to which the materials, supplies, or equipment are loaned agrees to provide the results of the testing or evaluation to the United States without charge.
(b) Reimbursement of consumed materials, etc. The materials, supplies, or equipment loaned to a country under this section may be expended or otherwise consumed in connection with any testing or evaluation program without a requirement for reimbursement of the United States if the Secretary—
(1) determines that the success of the research, development, test, or evaluation depends upon expending or otherwise consuming the materials, supplies, or equipment loaned to the country; and
(2) approves of the expenditure or consumption of such materials, supplies, or equipment.
(c) Prohibitions The Secretary of Defense may not loan to a country under this section any material if the material is a strategic and critical material and if, at the time the loan is to be made, the quantity of the material in the National Defense Stockpile (provided for under section 98b of title 50) is less than the quantity of such material to be stockpiled, as determined by the President under section 98b(a) of title 50.
(d) “NATO ally” defined For purposes of this section, the term “NATO ally” means a member country of the North Atlantic Treaty Organization (other than the United States).
(Pub. L. 90629, ch. 6, § 65, as added Pub. L. 100456, div. A, title X, § 1003(a), Sept. 29, 1988, 102 Stat. 2038; amended Pub. L. 10225, title VII, § 705(d)(2), Apr. 6, 1991, 105 Stat. 120; Pub. L. 104164, title I, § 147(a)(3)(B), July 21, 1996, 110 Stat. 1435.)
## Notes
Editorial Notes
Amendments1996—Subsec. (d). Pub. L. 104164 struck out “or major non-NATO” after “NATO” and “or a foreign country other than a member nation of NATO designated as a major non-NATO ally under section 2350a(i)(3) of title 10” after “(other than the United States)”. 1991—Subsec. (d). Pub. L. 10225 substituted “section 2350a(i)(3) of title 10” for “section 2767a of this title”.
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# 22 U.S.C. § 2797a - Denial of transfer of missile equipment or technology by United States persons
## Text
(a) Sanctions (1) If the President determines that a United States person knowingly—
(A) exports, transfers, or otherwise engages in the trade of any item on the MTCR Annex, in violation of the provisions of section 2778 of this title, section 4604 or 4605 11 See References in Text note below. of title 50 or any regulations or orders issued under any such provisions,
(B) conspires to or attempts to engage in such export, transfer, or trade, or
(C) facilitates such export, transfer, or trade by any other person,
then the President shall impose the applicable sanctions described in paragraph (2).
(2) The sanctions which apply to a United States person under paragraph (1) are the following:
(A) If the item on the MTCR Annex involved in the export, transfer, or trade is missile equipment or technology within category II of the MTCR Annex, then the President shall deny to such United States person for a period of 2 years—
(i) United States Government contracts relating to missile equipment or technology; and
(ii) licenses for the transfer of missile equipment or technology controlled under this chapter.
(B) If the item on the MTCR Annex involved in the export, transfer, or trade is missile equipment or technology within category I of the MTCR, then the President shall deny to such United States person for a period of not less than 2 years—
(i) all United States Government contracts, and
(ii) all export licenses and agreements for items on the United States Munitions List.
(b) Discretionary sanctions In the case of any determination made pursuant to subsection (a), the President may pursue any penalty provided in section 2778(c) of this title.
(c) Presumption In determining whether to apply sanctions under subsection (a) to a United States person involved in the export, transfer, or trade of an item on the MTCR Annex, it should be a rebuttable presumption that such item is designed for use in a missile listed in the MTCR Annex if the President determines that the final destination of the item is a country the government of which the Secretary of State has determined, for purposes of 22 So in original. Probably should be followed by “section”. 4605(j)(1)(A) 1 of title 50, has repeatedly provided support for acts of international terrorism.
(d) Waiver The President may waive the imposition of sanctions under subsection (a) with respect to a product or service if the President certifies to the Congress that—
(1) the product or service is essential to the national security of the United States; and
(2) such person is a sole source supplier of the product or service, the product or service is not available from any alternative reliable supplier, and the need for the product or service cannot be met in a timely manner by improved manufacturing processes or technological developments.
(Pub. L. 90629, ch. 7, § 72, as added Pub. L. 101510, div. A, title XVII, § 1703, Nov. 5, 1990, 104 Stat. 1745; amended Pub. L. 103236, title VII, § 734(a), Apr. 30, 1994, 108 Stat. 505.)
## Notes
Editorial Notes
References in TextSections 4604 and 4605 of title 50, referred to in subsecs. (a)(1)(A) and (c), were repealed by Pub. L. 115232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. This chapter, referred to in subsec. (a)(2)(A)(ii), was in the original “this Act”, meaning Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.
Amendments1994—Subsecs. (c), (d). Pub. L. 103236 added subsec. (c) and redesignated former subsec. (c) as (d).
Executive Documents
Delegation of Functions For delegation of certain functions of the President under this section, see Ex. Ord. No. 12851, § 2(a), June 11, 1993, 58 F.R. 33181, set out as a note under section 2797 of this title.
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# 22 U.S.C. § 2797b1 - Notification of admittance of MTCR adherents
## Text
(a) Policy report Following any action by the United States that results in a country becoming a MTCR adherent, the President shall transmit promptly to the Congress a report which describes the rationale for such action, together with an assessment of that countrys nonproliferation policies, practices, and commitments. Such report shall also include the text of any agreements or understandings between the United States and such country regarding the terms and conditions of the countrys adherence to the MTCR.
(b) Intelligence assessment report At such times that a report is transmitted pursuant to subsection (a), the Director of Central Intelligence shall promptly prepare and submit to the Congress a separate report containing any credible information indicating that the country described in subsection (a) has engaged in any activity identified under subparagraph (A), (B), or (C) of section 2797b(a)(1) of this title within the previous two years.
(Pub. L. 90629, ch. 7, § 73A, as added Pub. L. 103236, title VII, § 735(d), Apr. 30, 1994, 108 Stat. 506; amended Pub. L. 106113, div. B, § 1000(a)(7) [div. B, title XI, § 1136(d)], Nov. 29, 1999, 113 Stat. 1536, 1501A496.)
## Notes
Editorial Notes
Amendments1999—Pub. L. 106113 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Change of Name Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Directors capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Directors capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108458, set out as a note under section 3001 of Title 50, War and National Defense.
Executive Documents
Delegation of Functions Functions of President under this section delegated to Secretary of State by Memorandum of President of the United States, July 26, 1994, 59 F.R. 40205, set out as a note under section 2370a of this title.
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# 22 U.S.C. § 2797b2 - Authority relating to MTCR adherents
## Text
Notwithstanding section 2797b(b) of this title, the President may take the actions under section 2797b(a)(2) of this title under the circumstances described in section 2797c(b)(2) of this title.
(Pub. L. 90629, ch. 7, § 73B, as added Pub. L. 106113, div. B, § 1000(a)(7) [div. B, title XI, § 1137], Nov. 29, 1999, 113 Stat. 1536, 1501A496).
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# 22 U.S.C. § 2797b - Transfers of missile equipment or technology by foreign persons
## Text
(a) Sanctions (1) Subject to subsections (c) through (g),11 See References in Text note below. if the President determines that a foreign person, after November 5, 1990, knowingly—
(A) exports, transfers, or otherwise engages in the trade of any MTCR equipment or technology that contributes to the acquisition, design, development, or production of missiles in a country that is not an MTCR adherent and would be, if it were United States-origin equipment or technology, subject to the jurisdiction of the United States under this chapter,
(B) conspires to or attempts to engage in such export, transfer, or trade, or
(C) facilitates such export, transfer, or trade by any other person,
or if the President has made a determination with respect to a foreign person under section 4612(b)(1) of title 50, then the President shall impose on that foreign person the applicable sanctions under paragraph (2).
(2) The sanctions which apply to a foreign person under paragraph (1) are the following:
(A) If the item involved in the export, transfer, or trade is within category II of the MTCR Annex, then the President shall deny, for a period of 2 years—
(i) United States Government contracts relating to missile equipment or technology; and
(ii) licenses for the transfer to such foreign person of missile equipment or technology controlled under this chapter.
(B) If the item involved in the export, transfer, or trade is within category I of the MTCR Annex, then the President shall deny, for a period of not less than 2 years—
(i) all United States Government contracts with such foreign person; and
(ii) licenses for the transfer to such foreign person of all items on the United States Munitions List.
(C) If, in addition to actions taken under subparagraphs (A) and (B), the President determines that the export, transfer, or trade has substantially contributed to the design, development, or production of missiles in a country that is not an MTCR adherent, then the President shall prohibit, for a period of not less than 2 years, the importation into the United States of products produced by that foreign person.
(b) Inapplicability with respect to MTCR adherents (1) In general Except as provided in paragraph (2), subsection (a) does not apply with respect to—
(A) any export, transfer, or trading activity that is authorized by the laws of an MTCR adherent, if such authorization is not obtained by misrepresentation or fraud; or
(B) any export, transfer, or trade of an item to an end user in a country that is an MTCR adherent.
(2) Limitation Notwithstanding paragraph (1), subsection (a) shall apply to an entity subordinate to a government that engages in exports or transfers described in section 2295a(b)(3)(A) of this title.
(c) Effect of enforcement actions by MTCR adherents Sanctions set forth in subsection (a) may not be imposed under this section on a person with respect to acts described in such subsection or, if such sanctions are in effect against a person on account of such acts, such sanctions shall be terminated, if an MTCR adherent is taking judicial or other enforcement action against that person with respect to such acts, or that person has been found by the government of an MTCR adherent to be innocent of wrongdoing with respect to such acts, and if the President certifies to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives that—
(1) for any judicial or other enforcement action taken by the MTCR adherent, such action has—
(A) been comprehensive; and
(B) been performed to the satisfaction of the United States; and
(2) with respect to any finding of innocence of wrongdoing, the United States is satisfied with the basis for such finding.
(d) Advisory opinions The Secretary of State, in consultation with the Secretary of Defense and the Secretary of Commerce, may, upon the request of any person, issue an advisory opinion to that person as to whether a proposed activity by that person would subject that person to sanctions under this section. Any person who relies in good faith on such an advisory opinion which states that the proposed activity would not subject a person to such sanctions, and any person who thereafter engages in such activity, may not be made subject to such sanctions on account of such activity.
(e) Waiver and report to Congress (1) In any case other than one in which an advisory opinion has been issued under subsection (d) stating that a proposed activity would not subject a person to sanctions under this section, the President may waive the application of subsection (a) to a foreign person if the President determines that such waiver is essential to the national security of the United States.
(2) In the event that the President decides to apply the waiver described in paragraph (1), the President shall so notify the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives not less than 45 working days before issuing the waiver. Such notification shall include a report fully articulating the rationale and circumstances which led the President to apply the waiver.
(f) Presumption In determining whether to apply sanctions under subsection (a) to a foreign person involved in the export, transfer, or trade of an item on the MTCR Annex, it should be a rebuttable presumption that such item is designed for use in a missile listed in the MTCR Annex if the President determines that the final destination of the item is a country the government of which the Secretary of State has determined, for purposes of 4605(j)(1)(A) 22 So in original. Probably should be preceded by “section”. of title 50, has repeatedly provided support for acts of international terrorism.
(g) Additional waiver The President may waive the imposition of sanctions under paragraph (1) on a person with respect to a product or service if the President certifies to the Congress that—
(1) the product or service is essential to the national security of the United States; and
(2) such person is a sole source supplier of the product or service, the product or service is not available from any alternative reliable supplier, and the need for the product or service cannot be met in a timely manner by improved manufacturing processes or technological developments.
(h) Exceptions The President shall not apply the sanction under this section prohibiting the importation of the products of a foreign person—
(1) in the case of procurement of defense articles or defense services—
(A) under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy requirements essential to the national security of the United States;
(B) if the President determines that the person to which the sanctions would be applied is a sole source supplier of the defense articles and services, that the defense articles or services are essential to the national security of the United States, and that alternative sources are not readily or reasonably available; or
(C) if the President determines that such articles or services are essential to the national security of the United States under defense coproduction agreements or NATO Programs of Cooperation;
(2) to products or services provided under contracts entered into before the date on which the President publishes his intention to impose the sanctions; or
(3) to—
(A) spare parts,
(B) component parts, but not finished products, essential to United States products or production,
(C) routine services and maintenance of products, to the extent that alternative sources are not readily or reasonably available, or
(D) information and technology essential to United States products or production.
(Pub. L. 90629, ch. 7, § 73, as added Pub. L. 101510, div. A, title XVII, § 1703, Nov. 5, 1990, 104 Stat. 1746; amended Pub. L. 102138, title III, § 323(a), Oct. 28, 1991, 105 Stat. 711; Pub. L. 103236, title VII, §§ 714(a)(7), 734(b), Apr. 30, 1994, 108 Stat. 497, 505; Pub. L. 104106, div. A, title XIV, § 1408(d), Feb. 10, 1996, 110 Stat. 494; Pub. L. 105277, div. G, subdiv. A, title XII, § 1225(a)(8), Oct. 21, 1998, 112 Stat. 2681773; Pub. L. 106113, div. B, § 1000(a)(7) [div. B, title XI, § 1136(b), (c)], Nov. 29, 1999, 113 Stat. 1536, 1501A495; Pub. L. 113276, title II, § 208(a)(5), Dec. 18, 2014, 128 Stat. 2993.)
## Notes
Editorial Notes
References in TextSubsections (f) and (g), referred to in subsec. (a)(1), were redesignated subsecs. (g) and (h), respectively, by Pub. L. 103236, title VII, § 734(b)(1), Apr. 30, 1994, 108 Stat. 505. This chapter, referred to in subsec. (a)(1)(A), (2)(A)(ii), was in the original “this Act”, meaning Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.
Amendments2014—Subsec. (e)(2). Pub. L. 113276 substituted “the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives” for “the Committee on National Security and the Committee on International Relations of the House of Representatives”. 1999—Subsec. (b). Pub. L. 106113, § 1000(a)(7) [title XI, § 1136(b)], designated existing provisions as par. (1), inserted par. heading, in introductory provisions, substituted “Except as provided in paragraph (2), subsection (a)” for “Subsection (a)”, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2). Subsec. (c). Pub. L. 106113, § 1000(a)(7) [title XI, § 1136(c)], inserted before period at end “, and if the President certifies to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives that— “(1) for any judicial or other enforcement action taken by the MTCR adherent, such action has— “(A) been comprehensive; and “(B) been performed to the satisfaction of the United States; and “(2) with respect to any finding of innocence of wrongdoing, the United States is satisfied with the basis for such finding”. 1998—Subsec. (d). Pub. L. 105277 substituted “and the Secretary of Commerce” for “, the Secretary of Commerce, and the Director of the United States Arms Control and Disarmament Agency”. 1996—Subsec. (e)(2). Pub. L. 104106 substituted “the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on National Security and the Committee on International Relations of the House of Representatives” for “the Congress” and “45 working days” for “20 working days”. 1994—Subsec. (d). Pub. L. 103236, § 714(a)(7), substituted “, the Secretary of Commerce, and the Director of the United States Arms Control and Disarmament Agency,” for “and the Secretary of Commerce,”. Subsecs. (f) to (h). Pub. L. 103236, § 734(b), added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively. 1991—Subsec. (a)(1)(A). Pub. L. 102138 inserted “acquisition,” before “design,”.
Statutory Notes and Related Subsidiaries
Change of Name Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Effective Date of 1998 AmendmentAmendment by Pub. L. 105277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105277, set out as an Effective Date note under section 6511 of this title.
Space Cooperation With Russian PersonsPub. L. 106280, title VII, § 708, Oct. 6, 2000, 114 Stat. 862, as amended by Pub. L. 109112, § 4(e)(2), Nov. 22, 2005, 119 Stat. 2370, provided that: “(a) Annual Certification.—“(1) Requirement.—The President shall submit each year to the appropriate committees of Congress [Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives], with respect to each Russian person described in paragraph (2), a certification that the reports required to be submitted to Congress during the preceding calendar year under section 2 of the Iran and Syria Nonproliferation Act (Public Law 106178) [now Iran, North Korea, and Syria Nonproliferation Act] [50 U.S.C. 1701 note] do not identify that person on account of a transfer to Iran of goods, services, or technology described in section 2(a)(1)(B) of such Act. “(2) Applicability.—The certification requirement under paragraph (1) applies with respect to each Russian person that, as of the date of the certification, is a party to an agreement relating to commercial cooperation on MTCR equipment or technology with a United States person pursuant to an arms export license that was issued at any time since January 1, 2000. “(3) Exemption.—No activity or transfer which specifically has been the subject of a Presidential determination pursuant to section 5(a)(1), (2), or (3) of the Iran and Syria Nonproliferation Act (Public Law 106178) [now Iran, North Korea, and Syria Nonproliferation Act] [50 U.S.C. 1701 note] shall cause a Russian person to be considered as having been identified in the reports submitted during the preceding calendar year under section 2 of that Act for the purposes of the certification required under paragraph (1). “(4) Commencement and termination of requirement.—“(A) Times for submission.—The President shall submit—“(i) the first certification under paragraph (1) not later than 60 days after the date of the enactment of this Act [Oct. 6, 2000]; and “(ii) each annual certification thereafter on the anniversary of the first submission. “(B) Termination of requirement.—No certification is required under paragraph (1) after termination of cooperation under the specific license, or 5 years after the date on which the first certification is submitted, whichever is the earlier date. “(b) Termination of Existing Licenses.—If, at any time after the issuance of a license under section 36(c) of the Arms Export Control Act [22 U.S.C. 2776(c)] relating to the use, development, or co-production of commercial rocket engine technology with a foreign person, the President determines that the foreign person has engaged in any action described in section 73(a)(1) of the Arms Export Control Act (22 U.S.C. 2797b(a)(1)) since the date the license was issued, the President may terminate the license. “(c) Report on Export Licensing of MTCR Items Under $50,000,000.— [Amended section 2797 of this title.] “(d) Definitions.—In this section:“(1) Foreign person.—The term foreign person has the meaning given the term in section 74(7) of the Arms Export Control Act (22 U.S.C. 2797c(7)). “(2) MTCR equipment or technology.—The term MTCR equipment or technology has the meaning given the term in section 74(5) of the Arms Export Control Act (22 U.S.C. 2797c(5)). “(3) Person.—The term person has the meaning given the term in section 74(8) of the Arms Export Control Act (22 U.S.C. 2797c(8)). “(4) United states person.—The term United States person has the meaning given the term in section 74(6) of the Arms Export Control Act (22 U.S.C. 2797c(6)).”
[Amended section 2797 of this title.]
Executive Documents
Delegation of Functions For delegation of certain functions of the President under this section, see Ex. Ord. No. 12851, § 2(a), June 11, 1993, 58 F.R. 33181, set out as a note under section 2797 of this title.
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# 22 U.S.C. § 2797c - Definitions
## Text
(a) In general For purposes of this subchapter—
(1) the term “missile” means a category I system as defined in the MTCR Annex, and any other unmanned delivery system of similar capability, as well as the specially designed production facilities for these systems;
(2) the term “Missile Technology Control Regime” or “MTCR” means the policy statement, between the United States, the United Kingdom, the Federal Republic of Germany, France, Italy, Canada, and Japan, announced on April 16, 1987, to restrict sensitive missile-relevant transfers based on the MTCR Annex, and any amendments thereto;
(3) the term “MTCR adherent” means a country that participates in the MTCR or that, pursuant to an international understanding to which the United States is a party, controls MTCR equipment or technology in accordance with the criteria and standards set forth in the MTCR;
(4) the term “MTCR Annex” means the Guidelines and Equipment and Technology Annex of the MTCR, and any amendments thereto;
(5) the terms “missile equipment or technology” and “MTCR equipment or technology” mean those items listed in category I or category II of the MTCR Annex;
(6) the term “United States person” has the meaning given that term in section 4618(2) 11 See References in Text note below. of title 50;
(7) the term “foreign person” means any person other than a United States person;
(8) (A) the term “person” means a natural person as well as a corporation, business association, partnership, society, trust, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise, and any successor of any such entity; and
(B) in the case of countries with non-market economies (excluding former members of the Warsaw Pact), the term “person” means—
(i) all activities of that government relating to the development or production of any missile equipment or technology; and
(ii) all activities of that government affecting the development or production of electronics, space systems or equipment, and military aircraft; and
(9) the term “otherwise engaged in the trade of” means, with respect to a particular export or transfer, to be a freight forwarder or designated exporting agent, or a consignee or end user of the item to be exported or transferred.
(b) International understanding defined For purposes of subsection (a)(3), as it relates to any international understanding concluded with the United States after January 1, 2000, the term “international understanding” means—
(1) any specific agreement by a country not to export, transfer, or otherwise engage in the trade of any MTCR equipment or technology that contributes to the acquisition, design, development, or production of missiles in a country that is not an MTCR adherent and would be, if it were United States-origin equipment or technology, subject to the jurisdiction of the United States under this chapter; or
(2) any specific understanding by a country that, notwithstanding section 2797b(b) of this title, the United States retains the right to take the actions under section 2797b(a)(2) of this title in the case of any export or transfer of any MTCR equipment or technology that contributes to the acquisition, design, development, or production of missiles in a country that is not an MTCR adherent and would be, if it were United States-origin equipment or technology, subject to the jurisdiction of the United States under this chapter.
(Pub. L. 90629, ch. 7, § 74, as added Pub. L. 101510, div. A, title XVII, § 1703, Nov. 5, 1990, 104 Stat. 1748; amended Pub. L. 102138, title III, § 323(b), (c), Oct. 28, 1991, 105 Stat. 711; Pub. L. 106113, div. B, § 1000(a)(7) [div. B, title XI, § 1136(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A495.)
## Notes
Editorial Notes
References in TextSection 4618(2) of title 50, referred to in subsec. (a)(6), was repealed by Pub. L. 115232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.
Amendments1999—Pub. L. 106113 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1991—Par. (8)(B). Pub. L. 102138, § 323(b), substituted “countries with non-market economies (excluding former members of the Warsaw Pact)” for “countries where it may be impossible to identify a specific governmental entity referred to in subparagraph (A)”. Par. (8)(B)(ii). Pub. L. 102138, § 323(c), substituted “electronics, space systems or equipment, and military aircraft” for “aircraft, electronics, and space systems or equipment”.
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# 22 U.S.C. § 2798 - Sanctions against certain foreign persons
## Text
(a) Imposition of sanctions (1) Determination by the President Except as provided in subsection (b)(2), the President shall impose both of the sanctions described in subsection (c) if the President determines that a foreign person, on or after October 28, 1991, has knowingly and materially contributed—
(A) through the export from the United States of any goods or technology that are subject to the jurisdiction of the United States,
(B) through the export from any other country of any goods or technology that would be, if they were United States goods or technology, subject to the jurisdiction of the United States, or
(C) through any other transaction not subject to sanctions pursuant to the Export Administration Act of 1979,11 See References in Text note below.
to the efforts by any foreign country, project, or entity described in paragraph (2) to use, develop, produce, stockpile, or otherwise acquire chemical or biological weapons.
(2) Countries, projects, or entities receiving assistance Paragraph (1) applies in the case of—
(A) any foreign country that the President determines has, at any time after January 1, 1980—
(i) used chemical or biological weapons in violation of international law;
(ii) used lethal chemical or biological weapons against its own nationals; or
(iii) made substantial preparations to engage in the activities described in clause (i) or (ii);
(B) any foreign country whose government is determined for purposes of section 6(j) 1 of the Export Administration Act of 1979 to be a government that has repeatedly provided support for acts of international terrorism; or
(C) any other foreign country, project, or entity designated by the President for purposes of this section.
(3) Persons against whom sanctions are to be imposed Sanctions shall be imposed pursuant to paragraph (1) on—
(A) the foreign person with respect to which the President makes the determination described in that paragraph;
(B) any successor entity to that foreign person;
(C) any foreign person that is a parent or subsidiary of that foreign person if that parent or subsidiary knowingly assisted in the activities which were the basis of that determination; and
(D) any foreign person that is an affiliate of that foreign person if that affiliate knowingly assisted in the activities which were the basis of that determination and if that affiliate is controlled in fact by that foreign person.
(b) Consultations with and actions by foreign government of jurisdiction (1) Consultations If the President makes the determinations described in subsection (a)(1) with respect to a foreign person, the Congress urges the President to initiate consultations immediately with the government with primary jurisdiction over that foreign person with respect to the imposition of sanctions pursuant to this section.
(2) Actions by government of jurisdiction In order to pursue such consultations with that government, the President may delay imposition of sanctions pursuant to this section for a period of up to 90 days. Following these consultations, the President shall impose sanctions unless the President determines and certifies to the Congress that that government has taken specific and effective actions, including appropriate penalties, to terminate the involvement of the foreign person in the activities described in subsection (a)(1). The President may delay imposition of sanctions for an additional period of up to 90 days if the President determines and certifies to the Congress that that government is in the process of taking the actions described in the preceding sentence.
(3) Report to Congress The President shall report to the Congress, not later than 90 days after making a determination under subsection (a)(1), on the status of consultations with the appropriate government under this subsection, and the basis for any determination under paragraph (2) of this subsection that such government has taken specific corrective actions.
(c) Sanctions (1) Description of sanctions The sanctions to be imposed pursuant to subsection (a)(1) are, except as provided in paragraph (2) of this subsection, the following:
(A) Procurement sanction The United States Government shall not procure, or enter into any contract for the procurement of, any goods or services from any person described in subsection (a)(3).
(B) Import sanctions The importation into the United States of products produced by any person described in subsection (a)(3) shall be prohibited.
(2) Exceptions The President shall not be required to apply or maintain sanctions under this section—
(A) in the case of procurement of defense articles or defense services—
(i) under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy United States operational military requirements;
(ii) if the President determines that the person or other entity to which the sanctions would otherwise be applied is a sole source supplier of the defense articles or services, that the defense articles or services are essential, and that alternative sources are not readily or reasonably available; or
(iii) if the President determines that such articles or services are essential to the national security under defense coproduction agreements;
(B) to products or services provided under contracts entered into before the date on which the President publishes his intention to impose sanctions;
(C) to—
(i) spare parts,
(ii) component parts, but not finished products, essential to United States products or production, or
(iii) routine servicing and maintenance of products, to the extent that alternative sources are not readily or reasonably available;
(D) to information and technology essential to United States products or production; or
(E) to medical or other humanitarian items.
(d) Termination of sanctions The sanctions imposed pursuant to this section shall apply for a period of at least 12 months following the imposition of sanctions and shall cease to apply thereafter only if the President determines and certifies to the Congress that reliable information indicates that the foreign person with respect to which the determination was made under subsection (a)(1) has ceased to aid or abet any foreign government, project, or entity in its efforts to acquire chemical or biological weapons capability as described in that subsection.
(e) Waiver (1) Criterion for waiver The President may waive the application of any sanction imposed on any person pursuant to this section, after the end of the 12-month period beginning on the date on which that sanction was imposed on that person, if the President determines and certifies to the Congress that such waiver is important to the national security interests of the United States.
(2) Notification of and report to Congress If the President decides to exercise the waiver authority provided in paragraph (1), the President shall so notify the Congress not less than 20 days before the waiver takes effect. Such notification shall include a report fully articulating the rationale and circumstances which led the President to exercise the waiver authority.
(f) “Foreign person” defined For the purposes of this section, the term “foreign person” means—
(1) an individual who is not a citizen of the United States or an alien admitted for permanent residence to the United States; or
(2) a corporation, partnership, or other entity which is created or organized under the laws of a foreign country or which has its principal place of business outside the United States.
(Pub. L. 90629, ch. 8, § 81, as added and amended Pub. L. 102182, title III, §§ 305(b), 309(b)(2), Dec. 4, 1991, 105 Stat. 1250, 1258.)
## Notes
Editorial Notes
References in TextThe Export Administration Act of 1979, referred to in subsec. (a)(1)(C), (2)(B), is Pub. L. 9672, Sept. 29, 1979, 93 Stat. 503, which was classified principally to chapter 56 (§ 4601 et seq.) of Title 50, War and National Defense, prior to repeal by Pub. L. 115232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232, except for sections 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613). Section 6 of the Act was classified to section 4605 of Title 50 prior to repeal.
Prior ProvisionsA prior subchapter VIII, consisting of former section 2798, as added by Pub. L. 102138, title V, § 505(b), Oct. 28, 1991, 105 Stat. 727, was substantially identical to subchapter VIII, as added by section 305(b) of Pub. L. 102182, prior to repeal by Pub. L. 102182, title III, § 309(a), Dec. 4, 1991, 105 Stat. 1258.
Amendments1991—Subsec. (a)(1). Pub. L. 101182, § 309(b)(2), substituted “October 28, 1991” for reference to the “date of the enactment of this section” which was enacted Dec. 4, 1991.
Executive Documents
Delegation of Functions For delegation of certain functions of the President under this section, see Ex. Ord. No. 12851, § 1(a), June 11, 1993, 58 F.R. 33181, set out as a note under section 2797 of this title.
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# 22 U.S.C. § 2799 - Purpose
## Text
The purpose of this subchapter is to authorize the President to support, consistent with the CFE Treaty, a NATO equipment transfer program that will—
(1) enhance NATOs forces,
(2) increase NATO standardization and interoperability, and
(3) better distribute defense burdens within the NATO alliance.
(Pub. L. 90629, ch. 9, § 91, as added Pub. L. 102228, § 2, Dec. 12, 1991, 105 Stat. 1691.)
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# 22 U.S.C. § 2799a - CFE Treaty obligations
## Text
The authorities provided in this subchapter shall be exercised consistent with the obligations incurred by the United States in connection with the CFE Treaty.
(Pub. L. 90629, ch. 9, § 92, as added Pub. L. 102228, § 2, Dec. 12, 1991, 105 Stat. 1691.)
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# 22 U.S.C. § 2799aa1 - Nuclear reprocessing transfers, illegal exports for nuclear explosive devices, transfers of nuclear explosive devices, and nuclear detonations
## Text
(a) Prohibitions on assistance to countries involved in transfer of nuclear reprocessing equipment, materials, or technology; exceptions; procedures applicable (1) Except as provided in paragraph (2) of this subsection, no funds made available to carry out the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] or this chapter may be used for the purpose of providing economic assistance (including assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2346 et seq.]), providing military assistance or grant military education and training, providing assistance under chapter 6 of part II of that Act [22 U.S.C. 2348 et seq.], or extending military credits or making guarantees, to any country which the President determines—
(A) delivers nuclear reprocessing equipment, materials, or technology to any other country on or after August 4, 1977, or receives such equipment, materials, or technology from any other country on or after August 4, 1977 (except for the transfer of reprocessing technology associated with the investigation, under international evaluation programs in which the United States participates, of technologies which are alternatives to pure plutonium reprocessing), or
(B) is a non-nuclear-weapon state which, on or after August 8, 1985, exports illegally (or attempts to export illegally) from the United States any material, equipment, or technology which would contribute significantly to the ability of such country to manufacture a nuclear explosive device, if the President determines that the material, equipment, or technology was to be used by such country in the manufacture of a nuclear explosive device.
For purposes of clause (B), an export (or attempted export) by a person who is an agent of, or is otherwise acting on behalf of or in the interests of, a country shall be considered to be an export (or attempted export) by that country.
(2) Notwithstanding paragraph (1) of this subsection, the President in any fiscal year may furnish assistance which would otherwise be prohibited under that paragraph if he determines and certifies in writing during that fiscal year to the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate that the termination of such assistance would be seriously prejudicial to the achievement of United States nonproliferation objectives or otherwise jeopardize the common defense and security. The President shall transmit with such certification a statement setting forth the specific reasons therefor.
(3) (A) A certification under paragraph (2) of this subsection shall take effect on the date on which the certification is received by the Congress. However, if, within 30 calendar days after receiving this certification, the Congress enacts a joint resolution stating in substance that the Congress disapproves the furnishing of assistance pursuant to the certification, then upon the enactment of that resolution the certification shall cease to be effective and all deliveries of assistance furnished under the authority of that certification shall be suspended immediately.
(B) Any joint resolution under this paragraph shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.
(b) Prohibitions on assistance to countries involved in transfer or use of nuclear explosive devices; exceptions; procedures applicable (1) Except as provided in paragraphs (4), (5), and (6), in the event that the President determines that any country, after the effective date of part B of the Nuclear Proliferation Prevention Act of 1994—
(A) transfers to a non-nuclear-weapon state a nuclear explosive device,
(B) is a non-nuclear-weapon state and either—
(i) receives a nuclear explosive device, or
(ii) detonates a nuclear explosive device,
(C) transfers to a non-nuclear-weapon state any design information or component which is determined by the President to be important to, and known by the transferring country to be intended by the recipient state for use in, the development or manufacture of any nuclear explosive device, or
(D) is a non-nuclear-weapon state and seeks and receives any design information or component which is determined by the President to be important to, and intended by the recipient state for use in, the development or manufacture of any nuclear explosive device,
then the President shall forthwith report in writing his determination to the Congress and shall forthwith impose the sanctions described in paragraph (2) against that country.
(2) The sanctions referred to in paragraph (1) are as follows:
(A) The United States Government shall terminate assistance to that country under the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], except for humanitarian assistance or food or other agricultural commodities.
(B) The United States Government shall terminate—
(i) sales to that country under this chapter of any defense articles, defense services, or design and construction services, and
(ii) licenses for the export to that country of any item on the United States Munitions List.
(C) The United States Government shall terminate all foreign military financing for that country under this chapter.
(D) The United States Government shall deny to that country any credit, credit guarantees, or other financial assistance by any department, agency, or instrumentality of the United States Government, except that the sanction of this subparagraph shall not apply—
(i) to any transaction subject to the reporting requirements of title V of the National Security Act of 1947 [50 U.S.C. 3091 et seq.] (relating to congressional oversight of intelligence activities),
(ii) to medicines, medical equipment, and humanitarian assistance, or
(iii) to any credit, credit guarantee, or financial assistance provided by the Department of Agriculture to support the purchase of food or other agricultural commodity.
(E) The United States Government shall oppose, in accordance with section 262d of this title, the extension of any loan or financial or technical assistance to that country by any international financial institution.
(F) The United States Government shall prohibit any United States bank from making any loan or providing any credit to the government of that country, except for loans or credits for the purpose of purchasing food or other agricultural commodities, which includes fertilizer.
(G) The authorities of section 4605 11 See References in Text note below. of title 50 shall be used to prohibit exports to that country of specific goods and technology (excluding food and other agricultural commodities), except that such prohibition shall not apply to any transaction subject to the reporting requirements of title V of the National Security Act of 1947 [50 U.S.C. 3091 et seq.] (relating to congressional oversight of intelligence activities).
(3) As used in this subsection—
(A) the term “design information” means specific information that relates to the design of a nuclear explosive device and that is not available to the public; and
(B) the term “component” means a specific component of a nuclear explosive device.
(4) (A) Notwithstanding paragraph (1) of this subsection, the President may, for a period of not more than 30 days of continuous session, delay the imposition of sanctions which would otherwise be required under paragraph (1)(A) or (1)(B) of this subsection if the President first transmits to the Speaker of the House of Representatives, and to the chairman of the Committee on Foreign Relations of the Senate, a certification that he has determined that an immediate imposition of sanctions on that country would be detrimental to the national security of the United States. Not more than one such certification may be transmitted for a country with respect to the same detonation, transfer, or receipt of a nuclear explosive device.
(B) If the President transmits a certification to the Congress under subparagraph (A), a joint resolution which would permit the President to exercise the waiver authority of paragraph (5) of this subsection shall, if introduced in either House within thirty days of continuous session after the Congress receives this certification, be considered in the Senate in accordance with subparagraph (C) of this paragraph.
(C) Any joint resolution under this paragraph shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.
(D) For purposes of this paragraph, the term “joint resolution” means a joint resolution the matter after the resolving clause of which is as follows: “That the Congress having received on __ a certification by the President under section 102(b)(4) of the Arms Export Control Act with respect to __, the Congress hereby authorizes the President to exercise the waiver authority contained in section 102(b)(5) of that Act.”, with the date of receipt of the certification inserted in the first blank and the name of the country inserted in the second blank.
(5) Notwithstanding paragraph (1) of this subsection, if the Congress enacts a joint resolution under paragraph (4) of this subsection, the President may waive any sanction which would otherwise be required under paragraph (1)(A) or (1)(B) if he determines and certifies in writing to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate that the imposition of such sanction would be seriously prejudicial to the achievement of United States nonproliferation objectives or otherwise jeopardize the common defense and security. The President shall transmit with such certification a statement setting forth the specific reasons therefor.
(6) (A) In the event the President is required to impose sanctions against a country under paragraph (1)(C) or (1)(D), the President shall forthwith so inform such country and shall impose the required sanctions beginning 30 days after submitting to the Congress the report required by paragraph (1) unless, and to the extent that, there is enacted during the 30-day period a law prohibiting the imposition of such sanctions.
(B) Notwithstanding any other provision of law, the sanctions which are required to be imposed against a country under paragraph (1)(C) or (1)(D) shall not apply if the President determines and certifies in writing to the Committee on Foreign Relations and the Committee on Governmental Affairs of the Senate and the Committee on Foreign Affairs of the House of Representatives that the application of such sanctions against such country would have a serious adverse effect on vital United States interests. The President shall transmit with such certification a statement setting forth the specific reasons therefor.
(7) For purposes of this subsection, continuity of session is broken only by an adjournment of Congress sine die and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of any period of time in which Congress is in continuous session.
(8) The President may not delegate or transfer his power, authority, or discretion to make or modify determinations under this subsection.
(c) “Non-nuclear-weapon state” defined As used in this section, the term “non-­nuclear-weapon state” means any country which is not a nuclear-weapon state, as defined in Article IX(3) of the Treaty on the Non-Proliferation of Nuclear Weapons.
(Pub. L. 90629, ch. 10, § 102, as added Pub. L. 103236, title VIII, § 826(a), Apr. 30, 1994, 108 Stat. 516; amended Pub. L. 105194, § 2(a)(c), July 14, 1998, 112 Stat. 627; Pub. L. 113276, title II, § 208(a)(1), Dec. 18, 2014, 128 Stat. 2992.)
## Notes
Editorial Notes
References in TextThe Foreign Assistance Act of 1961, referred to in subsecs. (a)(1) and (b)(2)(A), is Pub. L. 87195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. Chapters 4 and 6 of part II of the Act are classified generally to parts IV (§ 2346 et seq.) and VI (§ 2348 et seq.), respectively, of subchapter II of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. This chapter, referred to in subsecs. (a)(1) and (b)(2)(B)(i), (C), was in the original “this Act”, meaning Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. Section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, referred to in subsecs. (a)(3)(B) and (b)(4)(C), is section 601(b) of Pub. L. 94329, title VI, June 30, 1976, 90 Stat. 765, which is not classified to the Code. For effective date of part B of the Nuclear Proliferation Prevention Act of 1994 [part B of title VIII of Pub. L. 103236], referred to in subsec. (b)(1), as 60 days after Apr. 30, 1994, see section 831 of Pub. L. 103236, set out as an Effective Date note under section 6301 of this title. The National Security Act of 1947, referred to in subsec. (b)(2)(D)(i), (G), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§ 401 et seq.) of Title 50, War and National Defense, prior to editorial reclassification in chapter 44 (§ 3001 et seq.) of Title 50. Title V of the Act is now classified generally to subchapter III (§ 3091 et seq.) of chapter 44 of Title 50. For complete classification of this Act to the Code, see Tables. Section 4605 of title 50, referred to in subsec. (b)(2)(G), was repealed by Pub. L. 115232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. Section 102 of the Arms Export Control Act, referred to in subsec. (b)(4)(D), is classified to this section.
Amendments2014—Subsec. (a)(2). Pub. L. 113276 substituted “the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and” for “the Speaker of the House of Representatives and”. 1998—Subsec. (b)(2)(D)(ii). Pub. L. 105194, § 2(c), inserted “medicines, medical equipment, and” after “to”. Subsec. (b)(2)(D)(iii). Pub. L. 105194, § 2(a), added cl. (iii). Subsec. (b)(2)(F). Pub. L. 105194, § 2(b), inserted “, which includes fertilizer” before period at end.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9. 2004.
Effective Date of 1998 AmendmentPub. L. 105194, § 2(d), July 14, 1998, 112 Stat. 627, provided that: “The amendment made by subsection (a)(3) [amending this section] shall apply to any credit, credit guarantee, or other financial assistance provided by the Department of Agriculture before, on, or after the date of enactment of this Act [July 14, 1998] through September 30, 1999.”
Effective DateSection effective 60 days after Apr. 30, 1994, see section 831 of Pub. L. 103236, set out as a note under section 6301 of this title.
Waiver of Certain Sanctions Against North KoreaPub. L. 110252, title I, § 1405, June 30, 2008, 122 Stat. 2337, as amended by Pub. L. 113188, title VIII, § 801, Nov. 26, 2014, 128 Stat. 2020; Pub. L. 113235, div. J, title VII, § 7034(i), Dec. 16, 2014, 128 Stat. 2624, provided that: “(a) Waiver Authority.—“(1) In general.—Except as provided in subsection (b), the President may waive in whole or in part, with respect to North Korea, the application of any sanction contained in subparagraph (A), (B), (D) or (G) under section 102(b)(2) of the Arms Export Control Act (22 U.S.C. 2799aa1(b)[(2)(A), (B), (D), (G)]), for the purpose of providing assistance related to—“(A) the implementation and verification of the compliance by North Korea with its commitment, undertaken in the Joint Statement of September 19, 2005, to abandon all nuclear weapons and existing nuclear programs as part of the verifiable denuclearization of the Korean Peninsula; and “(B) the elimination of the capability of North Korea to develop, deploy, transfer, or maintain weapons of mass destruction and their delivery systems. “(2) Limitation.—The authority under paragraph (1) shall expire 5 years after the date of enactment of this Act [June 30, 2008]. “(b) Exceptions.—“(1) Limited exception related to certain sanctions and prohibitions.—The authority under subsection (a) shall not apply with respect to a sanction or prohibition under subparagraph (B) or (G) of section 102(b)(2) of the Arms Export Control Act [22 U.S.C. 2799aa1(b) [(2)(B), (G)], unless the President determines and certifies to the appropriate congressional committees that—“(A) all reasonable steps will be taken to assure that the articles or services exported or otherwise provided will not be used to improve the military capabilities of the armed forces of North Korea; and “(B) such waiver is in the national security interests of the United States. “(2) Limited exception related to certain activities.—Unless the President determines and certifies to the appropriate congressional committees that using the authority under subsection (a) is vital to the national security interests of the United States, such authority shall not apply with respect to—“(A) an activity described in subparagraph (A) of section 102(b)(1) of the Arms Export Control Act [22 U.S.C. 2799aa1(b)(1)(A)] that occurs after September 19, 2005, and before the date of the enactment of this Act [June 30, 2008]; “(B) an activity described in subparagraph (C) of such section that occurs after September 19, 2005; or “(C) an activity described in subparagraph (D) of such section that occurs after the date of enactment of this Act. “(3) Exception related to certain activities occurring after date of enactment.—The authority under subsection (a) shall not apply with respect to an activity described in subparagraph (A) or (B) of section 102(b)(1) of the Arms Export Control Act [22 U.S.C. 2799aa1(b)(1)(A), (B)] that occurs after the date of the enactment of this Act. “(4) Limited exception related to lethal weapons.—The authority under subsection (a) shall not apply with respect to any export of lethal defense articles that would be prevented by the application of section 102(b)(2) of the Arms Export Control Act [22 U.S.C. 2799aa1(b)(2)].” “(c) Appropriate Congressional Committees Defined.—In this section, the term appropriate congressional committees means— “(1) the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate; and “(2) the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives.” [Amendment of section 1405 of Pub. L. 110252, set out above, by section 7034(i) of div. J of Pub. L. 113235, which directed that subsec. (c) of section 1405 be repealed, was not executed to reflect the probable intent of Congress and the prior amendment by section 801 of Pub. L. 113188, which struck out subsec. (c) and redesignated subsec. (d) as (c).]
Exemption for Rhinoceros, Tiger, Asian Elephant, and Great Ape Conservation ProgramsPub. L. 10763, title I, Nov. 5, 2001, 115 Stat. 421, provided in part: “That funds made available under this Act [see Tables for classification], Public Law 106291 [see Tables for classification], and Public Law 106554 [see Tables for classification] and hereafter in annual appropriations Acts for rhinoceros, tiger, Asian elephant, and great ape conservation programs are exempt from any sanctions imposed against any country under section 102 of the Arms Export Control Act (22 U.S.C. 2799aa1).” Similar provisions were contained in the following prior appropriation acts: Pub. L. 106291, title I, Oct. 11, 2000, 114 Stat. 927. Pub. L. 106113, div. B, § 1000(a)(3) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A141.
Waiver of Certain Sanctions Against India and PakistanPub. L. 10679, title IX, § 9001, Oct. 25, 1999, 113 Stat. 1283, as amended by Pub. L. 107228, div. B, title XIV, § 1405(b), Sept. 30, 2002, 116 Stat. 1458, provided that: “(a) Waiver Authority.—Except as provided in subsections (b) and (c) of this section, the President may waive, with respect to India and Pakistan, the application of any sanction contained in section 101 or 102 of the Arms Export Control Act (22 U.S.C. 2799aa or 22 U.S.C. 2799aa1), section 2(b)(4) of the Export Import Bank Act of 1945 (12 U.S.C. 635(b)(4)), or section 620E(e) of the Foreign Assistance Act of 1961, as amended, (22 U.S.C. 2375(e)). “(b) Exception.—The authority to waive the application of a sanction or prohibition (or portion thereof) under subsection (a) shall not apply with respect to a sanction or prohibition contained in subparagraph (B), (C), or (G) of section 102(b)(2) of the Arms Export Control Act [22 U.S.C. 2799aa1(b)(2)(B), (C), (G)], unless the President determines, and so certifies to the Congress, that the application of the restriction would not be in the national security interests of the United States. “(c) Termination of Waiver.—The President may not exercise the authority of subsection (a), and any waiver previously issued under subsection (a) shall cease to apply, with respect to India or Pakistan, if that country detonates a nuclear explosive device after the date of the enactment of this Act [Oct. 25, 1999] or otherwise takes such action which would cause the President to report pursuant to section 102(b)(1) of the Arms Export Control Act [22 U.S.C. 2799aa1(b)(1)]. “(d) Targeted Sanctions.—“(1) Sense of the congress.—“(A) it is the sense of the Congress that the broad application of export controls to nearly 300 Indian and Pakistani entities is inconsistent with the specific national security interests of the United States and that this control list requires refinement; and “(B) export controls should be applied only to those Indian and Pakistani entities that make direct and material contributions to weapons of mass destruction and missile programs and only to those items that can contribute to such programs. “(2) Reporting requirement.—Not later than 60 days after the date of the enactment of this Act [Oct. 25, 1999], the President shall submit both a classified and unclassified report to the appropriate congressional committees listing those Indian and Pakistani entities whose activities contribute to missile programs or weapons of mass destruction programs. “(e) Congressional Notification.—The issuance of a license for export of a defense article, defense service, or technology under the authority of this section shall be subject to the same requirements as are applicable to the export of items described in section 36(c) of the Arms Export Control Act (22 U.S.C. 2776(c)), including the transmittal of information and the application of congressional review procedures. The application of these requirements shall be subject to the dollar amount thresholds specified in that section. “(f) Repeal.— [Repealed section 101(a) [title IX] of div. A of Pub. L. 105277, formerly set out below.]”
[Repealed section 101(a) [title IX] of div. A of Pub. L. 105277, formerly set out below.]”
India-Pakistan ReliefPub. L. 105277, div. A, § 101(a) [title IX], Oct. 21, 1998, 112 Stat. 2681, 268140, known as the India-Pakistan Relief Act, provided for a one-year waiver of certain sanctions against India and Pakistan under the Arms Export Control Act, prior to repeal by Pub. L. 10679, title IX, § 9001(f), Oct. 25, 1999, 113 Stat. 1284, effective Oct. 21, 1999.
Effect on Existing SanctionsPub. L. 105194, § 2(e), July 14, 1998, 112 Stat. 627, provided that: “Any sanction imposed under section 102(b)(1) of the Arms Export Control Act [subsec. (b)(1) of this section] before the date of the enactment of this Act [July 14, 1998] shall cease to apply upon that date with respect to the items described in the amendments made by subsections (b) and (c) [amending this section]. In the case of the amendment made by subsection (a)(3) [amending this section], any sanction imposed under section 102(b)(1) of the Arms Export Control Act before the date of the enactment of this Act shall not be in effect during the period beginning on that date and ending on September 30, 1999, with respect to the activities and items described in the amendment.”
Executive Documents
Delegation of Functions Functions of President under subsec. (a)(2) of this section delegated to Secretary of State by section 1(a)(iii) of Ex. Ord. No. 13346, July 8, 2004, 69 F.R. 41905, set out as a note under section 301 of Title 3, The President.
Sanctions Against India for Detonation of a Nuclear Explosive Device Determination of President of the United States, No. 9822, May 13, 1998, 63 F.R. 27665, provided a determination that India, a non-nuclear-weapon state, detonated a nuclear explosive device on May 11, 1998, and imposed sanctions described in subsec. (b)(2) of this section.
Sanctions Against Pakistan for Detonation of a Nuclear Explosive Device Determination of President of the United States, No. 9825, May 30, 1998, 63 F.R. 31881, provided a determination that Pakistan, a non-nuclear-weapon state, detonated a nuclear explosive device on May 28, 1998, and imposed sanctions described in subsec. (b)(2) of this section.
Waiver of Certain Sanctions Against India and Pakistan Provisions relating to waiver of sanctions against India and Pakistan consistent with section 9001 of Pub. L. 10679, set out as a note above, or section 101(a) [title IX, § 902] of Pub. L. 105277, formerly set out in a note above, were contained in the following: Determination of President of the United States, No. 200128, Sept. 22, 2001, 66 F.R. 50095. Determination of President of the United States, No. 200123, Aug. 9, 2001, 66 F.R. 44521. Determination of President of the United States, No. 200111, Jan. 19, 2001, 66 F.R. 8503. Determination of President of the United States, No. 200018, Mar. 16, 2000, 65 F.R. 16297. Determination of President of the United States, No. 20004, Oct. 27, 1999, 64 F.R. 60649. Determination of President of the United States, No. 997, Dec. 1, 1998, 34 Weekly Compilation of Presidential Documents 2402, Dec. 7, 1998.
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# 22 U.S.C. § 2799aa2 - “Nuclear explosive device” defined
## Text
As used in this subchapter, the term “nuclear explosive device” has the meaning given that term in section 6305(4) of this title.
(Pub. L. 90629, ch. 10, § 103, as added Pub. L. 103236, title VIII, § 826(a), Apr. 30, 1994, 108 Stat. 519.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective 60 days after Apr. 30, 1994, see section 831 of Pub. L. 103236, set out as a note under section 6301 of this title.
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# 22 U.S.C. § 2799aa - Nuclear enrichment transfers
## Text
(a) Prohibitions; safeguards and management Except as provided in subsection (b) of this section, no funds made available to carry out the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] or this chapter may be used for the purpose of providing economic assistance (including assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2346 et seq.]), providing military assistance or grant military education and training, providing assistance under chapter 6 of part II of that Act [22 U.S.C. 2348 et seq.], or extending military credits or making guarantees, to any country which the President determines delivers nuclear enrichment equipment, materials, or technology to any other country on or after August 4, 1977, or receives such equipment, materials, or technology from any other country on or after August 4, 1977, unless before such delivery—
(1) the supplying country and receiving country have reached agreement to place all such equipment, materials, or technology, upon delivery, under multilateral auspices and management when available; and
(2) the recipient country has entered into an agreement with the International Atomic Energy Agency to place all such equipment, materials, technology, and all nuclear fuel and facilities in such country under the safeguards system of such Agency.
(b) Certification by President of necessity of continued assistance; disapproval by Congress (1) Notwithstanding subsection (a) of this section, the President may furnish assistance which would otherwise be prohibited under such subsection if he determines and certifies in writing to the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate that—
(A) the termination of such assistance would have a serious adverse effect on vital United States interests; and
(B) he has received reliable assurances that the country in question will not acquire or develop nuclear weapons or assist other nations in doing so.
Such certification shall set forth the reasons supporting such determination in each particular case.
(2) (A) A certification under paragraph (1) of this subsection shall take effect on the date on which the certification is received by the Congress. However, if, within thirty calendar days after receiving this certification, the Congress enacts a joint resolution stating in substance that the Congress disapproves the furnishing of assistance pursuant to the certification, then upon the enactment of that resolution the certification shall cease to be effective and all deliveries of assistance furnished under the authority of that certification shall be suspended immediately.
(B) Any joint resolution under this paragraph shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.
(Pub. L. 90629, ch. 10, § 101, as added Pub. L. 103236, title VIII, § 826(a), Apr. 30, 1994, 108 Stat. 515; amended Pub. L. 113276, title II, § 208(a)(1), Dec. 18, 2014, 128 Stat. 2992.)
## Notes
Editorial Notes
References in TextThe Foreign Assistance Act of 1961, referred to in subsec. (a), is Pub. L. 87195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. Chapters 4 and 6 of part II of the Act are classified generally to parts IV (§ 2346 et seq.) and VI (§ 2348 et seq.), respectively, of subchapter II of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. Section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, referred to in subsec. (b)(2)(B), is section 601(b) of Pub. L. 94329, title VI, June 30, 1976, 90 Stat. 765, which is not classified to the Code.
Amendments2014—Subsec. (b)(1). Pub. L. 113276 substituted “the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and” for “the Speaker of the House of Representatives and” in introductory provisions.
Statutory Notes and Related Subsidiaries
References to Sections 2429 and 2429a of This Title Deemed To Be References to Sections 2799aa and 2799aa1 of This TitlePub. L. 103236, title VIII, § 826(c), Apr. 30, 1994, 108 Stat. 519, provided that: “Any reference in law as of the date of enactment of this Act [Apr. 30, 1994] to section 669 or 670 of the Foreign Assistance Act of 1961 [former 22 U.S.C. 2429, 2429a] shall, after such date, be deemed to be a reference to section 101 or 102, as the case may be, of the Arms Export Control Act [22 U.S.C. 2799aa, 2799aa1].”
Effective DateSection effective 60 days after Apr. 30, 1994, see section 831 of Pub. L. 103236, set out as a note under section 6301 of this title.
Executive Documents
Waiver of SanctionsSanctions contained in this section waived in certain regards with respect to India by Determination of President of the United States, No. 200018, Mar. 16, 2000, 65 F.R. 16297, set out as a note under section 2799aa1 of this title. Sanctions contained in this section waived in certain regards with respect to India and Pakistan by Determination of President of the United States, No. 20004, Oct. 27, 1999, 64 F.R. 60649, set out as a note under section 2799aa1 of this title.
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# 22 U.S.C. § 2799b - Authorities
## Text
(a) General authority The President may transfer to any NATO/CFE country, in accordance with NATO plans, defense articles—
(1) that are battle tanks, armoured combat vehicles, or artillery included within the CFE Treatys definition of “conventional armaments and equipment limited by the Treaty”;
(2) that were, as of the date of signature of the CFE Treaty, in the stocks of the Department of Defense and located in the CFE Treatys area of application; and
(3) that the President determines are not needed by United States military forces within the CFE Treatys area of application.
(b) Acceptance of NATO assistance in eliminating direct costs of transfers In order to eliminate direct costs of facilitating transfers of defense articles under subsection (a), the United States may utilize services provided by NATO or any NATO/CFE country, including inspection, repair, or transportation services with respect to defense articles so transferred.
(c) Acceptance of NATO assistance in meeting certain United States obligations In order to facilitate United States compliance with the CFE Treaty-mandated obligations for destruction of conventional armaments and equipment limited by the CFE Treaty, the United States may utilize services or funds provided by NATO or any NATO/CFE country.
(d) Authority to transfer on grant basis Defense articles may be transferred under subsection (a) without cost to the recipient country.
(e) Third country transfers restrictions For purposes of sections 2753(a)(2), 2753(a)(3), 2753(c), and 2753(d) of this title, defense articles transferred under subsection (a) shall be deemed to have been sold under this chapter.
(f) Maintenance of military balance in Eastern Mediterranean The President shall ensure that transfers by the United States under subsection (a), taken together with transfers by other NATO/CFE countries in implementing the CFE Treaty, are of such valuations so as to be consistent with the United States policy, embodied in section 2373 of this title, of maintaining the military balance in the Eastern Mediterranean.
(g) Expiration of authority (1) In general Except as provided in paragraph (2), the authority of subsection (a) expires at the end of the 40-month period beginning on the date on which the CFE Treaty enters into force.
(2) Transition rule Paragraph (1) does not apply with respect to a transfer of defense articles for which notification under section 2799c(a) of this title is submitted before the end of the period described in that paragraph.
(Pub. L. 90629, ch. 9, § 93, as added Pub. L. 102228, § 2, Dec. 12, 1991, 105 Stat. 1691.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (e), was in the original “this Act”, meaning Pub. L. 90629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.
Executive Documents
Delegation of Functions Memorandum of President of the United States, Feb. 13, 1992, 57 F.R. 6663, provided: Memorandum for the Secretary of State and the Secretary of Defense By virtue of the authority vested in me by the Constitution and laws of the United States of America, including section 301 of title 3 of the United States Code, I hereby delegate to the Secretary of Defense the functions vested in me by section 93(a) and section 94 of the Arms Export Control Act, as amended (the “Act”) [22 U.S.C. 2799b(a), 2799c], and to the Secretary of State the functions vested in me by section 93(f) of the Act. Consistent with section 2 of the Act [22 U.S.C. 2752], transfers of defense articles under section 93(a) shall be subject to the policy direction of the Secretary of State, including the determination of whether such transfers shall occur. The Secretary of State is authorized and directed to publish this memorandum in the Federal Register. George Bush.
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# 22 U.S.C. § 2799c - Notifications and reports to Congress
## Text
(a) Notifications Not less than 15 days before transferring any defense articles pursuant to section 2799b(a) of this title, the President shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate in accordance with the procedures applicable to reprogramming notifications pursuant to section 23941 of this title.
(b) Annual reports Not later than February 1 each year, the President shall submit to the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives and the Committee on Foreign Relations and the Committee on Armed Services of the Senate a report that—
(1) lists all transfers made to each recipient NATO/CFE country by the United States under section 2799b(a) of this title during the preceding calendar year;
(2) describes how those transfers further the purposes described in paragraphs (1) through (3) of section 2799 of this title; and
(3) lists, on a country-by-country basis, all transfers to another country of conventional armaments and equipment limited by the CFE Treaty—
(A) by each NATO/CFE country (other than the United States) in implementing the CFE Treaty, and
(B) by each country of the Eastern Group of States Parties in implementing the CFE Treaty.
(Pub. L. 90629, ch. 9, § 94, as added Pub. L. 102228, § 2, Dec. 12, 1991, 105 Stat. 1692; amended Pub. L. 103199, title IV, § 402(1), Dec. 17, 1993, 107 Stat. 2324.)
## Notes
Editorial Notes
Amendments1993—Subsec. (b)(3)(B). Pub. L. 103199 substituted “country of the Eastern Group of States Parties” for “Warsaw Pact country”.
Executive Documents
Delegation of Functions Functions of President under this section delegated to Secretary of Defense by Memorandum of President of the United States, Feb. 13, 1992, 57 F.R. 6663, set out as a note under section 2799b of this title.
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title: "22 U.S.C. § 2799d"
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title_number: 22
title_name: "FOREIGN RELATIONS AND INTERCOURSE"
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chapter_name: "ARMS EXPORT CONTROL"
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citation: "22 U.S.C. § 2799d"
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# 22 U.S.C. § 2799d - Definitions
## Text
As used in this subchapter—
(1) the term “CFE Treaty” means the Treaty on Conventional Armed Forces in Europe (signed at Paris, November 19, 1990);
(2) the term “conventional armaments and equipment limited by the CFE Treaty” has the same meaning as the term “conventional armaments and equipment limited by the Treaty” does under paragraph 1(J) of article II of the CFE Treaty;
(3) the term “NATO” means the North Atlantic Treaty Organization;
(4) the term “NATO/CFE country” means a member country of NATO that is a party to the CFE Treaty and is listed in paragraph 1(A) of article II of the CFE Treaty within the group of States Parties that signed or acceded to the Treaty of Brussels of 1948 or the Treaty of Washington of 1949 (the North Atlantic Treaty); and
(5) the term “country of the Eastern Group of States Parties” means a country that is listed in paragraph 1(A) of article II of the CFE Treaty within the group of States Parties that signed the Treaty of Warsaw of 1955 or a successor state to such a country.
(Pub. L. 90629, ch. 9, § 95, as added Pub. L. 102228, § 2, Dec. 12, 1991, 105 Stat. 1693; amended Pub. L. 103199, title IV, § 402(2), Dec. 17, 1993, 107 Stat. 2324.)
## Notes
Editorial Notes
Amendments1993—Par. (5). Pub. L. 103199 substituted “country of the Eastern Group of States Parties” for “Warsaw Pact country” and inserted before period at end “or a successor state to such a country”.