22 U.S.C. § 2751 — Need for international defense coopera-

Page 1185 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2751 Sec. 2762. Procurement for cash sales. 2763. Credit sales. 2764. Guaranties. 2765. Annual estimate and justification for sales program. 2766. Security assistance surveys. 2767. Authority of President to enter into co- operative projects with friendly for- eign countries. 2767a, 2768. Repealed. SUBCHAPTER II–A—FOREIGN MILITARY CONSTRUCTION SALES 2769. Foreign military construction sales. SUBCHAPTER II–B—SALES TO UNITED STATES COMPANIES FOR INCORPORATION INTO END ITEMS 2770. General authority. SUBCHAPTER II–C—EXCHANGE OF TRAINING AND RELATED SUPPORT 2770a. Exchange of training and related sup- port. SUBCHAPTER III—MILITARY EXPORT CONTROLS 2771. Military sales authorizations and ceil- ings. 2772. Repealed. 2773. Restraint in arms sales to Sub-Saharan Africa. 2774. Foreign military sales credit standards. 2775. Foreign military sales to less developed countries. 2776. Reports and certifications to Congress on military exports. 2776a. Repealed. 2777. Fiscal provisions relating to foreign military sales credits. 2778. Control of arms exports and imports. 2778a. Exportation of uranium depleted in the isotope 235. 2779. Fees of military sales agents. 2779a. Prohibition on incentive payments. 2780. Transactions with countries supporting acts of international terrorism. 2781. Transactions with countries not fully co- operating with United States antiterrorism efforts. SUBCHAPTER III–A—END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE SERVICES 2785. End-use monitoring of defense articles and defense services. SUBCHAPTER IV—GENERAL, ADMINISTRATIVE, AND MISCELLANEOUS PROVISIONS 2791. General provisions. 2792. Administrative expenses. 2793. Other provisions unaffected. 2794. Definitions. SUBCHAPTER V—SPECIAL DEFENSE ACQUISITION FUND 2795. Fund. 2795a. Use and transfer of items procured by Fund. 2795b. Repealed. SUBCHAPTER VI—LEASES OF DEFENSE ARTI- CLES AND LOAN AUTHORITY FOR COOPERA- TIVE RESEARCH AND DEVELOPMENT PUR- POSES 2796. Leasing authority. 2796a. Reports to Congress. 2796b. Legislative review procedures. 2796c. Applicability of other statutory provi- sions. 2796d. Loan of materials, supplies, and equip- ment for research and development purposes. Sec. SUBCHAPTER VII—CONTROL OF MISSILES AND MISSILE EQUIPMENT OR TECHNOLOGY 2797. Licensing. 2797a. Denial of transfer of missile equipment or technology by United States per- sons. 2797b. Transfers of missile equipment or tech- nology by foreign persons. 2797b–1. Notification of admittance of MTCR ad- herents. 2797b–2. Authority relating to MTCR adherents. 2797c. Definitions. SUBCHAPTER VIII—CHEMICAL OR BIOLOGICAL WEAPONS PROLIFERATION 2798. Sanctions against certain foreign per- sons. SUBCHAPTER IX—TRANSFER OF CERTAIN CFE TREATY-LIMITED EQUIPMENT TO NATO MEM- BERS 2799. Purpose. 2799a. CFE Treaty obligations. 2799b. Authorities. 2799c. Notifications and reports to Congress. 2799d. Definitions. SUBCHAPTER X—NUCLEAR NONPROLIFERATION CONTROLS 2799aa. Nuclear enrichment transfers. 2799aa–1. Nuclear reprocessing transfers, illegal exports for nuclear explosive devices, transfers of nuclear explosive devices, and nuclear detonations. 2799aa–2. ‘‘Nuclear explosive device’’ defined. SUBCHAPTER I—FOREIGN AND NATIONAL SECURITY POLICY OBJECTIVES AND RE- STRAINTS § 2751. Need for international defense coopera- tion and military export controls; Presi- dential waiver; report to Congress; arms sales policy As declared by the Congress in the Arms Con- trol and Disarmament Act [22 U.S.C. 2551 et seq.], an ultimate goal of the United States con- tinues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disar- mament agreements and to discourage arms races. The Congress recognizes, however, that the United States and other free and independent countries continue to have valid requirements for effective and mutually beneficial defense re- lationships in order to maintain and foster the environment of international peace and security essential to social, economic, and political progress. Because of the growing cost and com- plexity of defense equipment, it is increasingly difficult and uneconomic for any country, par- ticularly a developing country, to fill all of its legitimate defense requirements from its own design and production base. The need for inter- national defense cooperation among the United States and those friendly countries to which it is allied by mutual defense treaties is especially important, since the effectiveness of their armed Page 1186 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2751 forces to act in concert to deter or defeat ag- gression is directly related to the operational compatibility of their defense equipment. Accordingly, it remains the policy of the United States to facilitate the common defense by entering into international arrangements with friendly countries which further the objec- tive of applying agreed resources of each coun- try to programs and projects of cooperative ex- change of data, research, development, produc- tion, procurement, and logistics support to achieve specific national defense requirements and objectives of mutual concern. To this end, this chapter authorizes sales by the United States Government to friendly countries having sufficient wealth to maintain and equip their own military forces at adequate strength, or to assume progressively larger shares of the costs thereof, without undue burden to their econo- mies, in accordance with the restraints and con- trol measures specified herein and in further- ance of the security objectives of the United States and of the purposes and principles of the United Nations Charter. It is the sense of the Congress that all such sales be approved only when they are consistent with the foreign policy interests of the United States, the purposes of the foreign assistance program of the United States as embodied in the Foreign Assistance Act of 1961, as amended [22 U.S.C. 2151 et seq.], the extent and character of the military requirement, and the economic and financial capability of the recipient country, with particular regard being given, where appro- priate, to proper balance among such sales, grant military assistance, and economic assist- ance as well as to the impact of the sales on pro- grams of social and economic development and on existing or incipient arms races. It shall be the policy of the United States to exert leadership in the world community to bring about arrangements for reducing the international trade in implements of war and to lessen the danger of outbreak of regional con- flict and the burdens of armaments. United States programs for or procedures governing the export, sale, and grant of defense articles and defense services to foreign countries and inter- national organizations shall be administered in a manner which will carry out this policy. It is the sense of the Congress that the Presi- dent should seek to initiate multilateral discus- sions for the purpose of reaching agreements among the principal arms suppliers and arms purchasers and other countries with respect to the control of the international trade in arma- ments. It is further the sense of Congress that the President should work actively with all na- tions to check and control the international sale and distribution of conventional weapons of death and destruction and to encourage regional arms control arrangements. In furtherance of this policy, the President should undertake a concerted effort to convene an international conference of major arms-supplying and arms- purchasing nations which shall consider meas- ures to limit conventional arms transfers in the interest of international peace and stability. It is the sense of the Congress that the aggre- gate value of defense articles and defense serv- ices— (1) which are sold under section 2761 or sec- tion 2762 of this title; or (2) which are licensed or approved for export under section 2778 of this title to, for the use, or for benefit of the armed forces, police, intel- ligence, or other internal security forces of a foreign country or international organization under a commercial sales contract; in any fiscal year should not exceed current lev- els. It is the sense of the Congress that the Presi- dent maintain adherence to a policy of restraint in conventional arms transfers and that, in im- plementing this policy worldwide, a balanced ap- proach should be taken and full regard given to the security interests of the United States in all regions of the world and that particular atten- tion should be paid to controlling the flow of conventional arms to the nations of the devel- oping world. To this end, the President is en- couraged to continue discussions with other arms suppliers in order to restrain the flow of conventional arms to less developed countries. (Pub. L. 90–629, ch. 1, § 1, Oct. 22, 1968, 82 Stat. 1321; Pub. L. 91–672, § 4, Jan. 12, 1971, 84 Stat. 2053; Pub. L. 93–189, § 25(1), Dec. 17, 1973, 87 Stat. 729; Pub. L. 94–329, title II, § 202, formerly § 202(a), June 30, 1976, 90 Stat. 734, renumbered and amended Pub. L. 95–384, §§ 15(a), 29(c)(1)(A), Sept. 26, 1978, 92 Stat. 739, 747; Pub. L. 97–113, title VII, § 734(a)(10), Dec. 29, 1981, 95 Stat. 1560.) Editorial Notes REFERENCES IN TEXT The Arms Control and Disarmament Act, referred to in text, is Pub. L. 87–297, Sept. 26, 1961, 75 Stat. 631, which is classified generally to chapter 35 (§ 2551 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2551 of this title, and Tables. This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note below and Tables. The Foreign Assistance Act of 1961, as amended, re- ferred to in text, is Pub. L. 87–195, 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 sec- tion 2151 of this title and Tables. AMENDMENTS 1981—Pub. L. 97–113 struck out paragraph which pro- vided that it was the sense of Congress that sales and guaranties under sections 2761, 2762, 2763, and 2764 of this title not be approved where they would have had the effect of arming military dictators who were deny- ing the growth of fundamental rights or social progress to their own people but allowing the President to waive this limitation when he determined it would be impor- tant to the security of the United States, and promptly so reported to the Speaker of the House of Representa- tives and the Committee on Foreign Relations in the Senate. 1978—Pub. L. 95–384, § 15(a), inserted paragraph relat- ing to adherence to a policy of restraint in conven- tional arms transfer. 1976—Pub. L. 94–329 substituted in last paragraph pro- vision relating to a new statement of policy whereby the United States shall exert leadership in the reduc- tion of international trade in arms, and in that regard, the President to initiate discussions and actively work Page 1187 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2751 with other nations with a view towards control of international trade in arms, for provisions relating to a reduction in the role of the United States in fur- nishing of defense articles and defense services to for- eign countries and international organizations by de- creasing sales, credit sales and guarantees of such arti- cles and services. 1973—Pub. L. 93–189 inserted last paragraph relating to a reduction by the United States in the furnishing of defense articles and defense services to foreign coun- tries. 1971—Pub. L. 91–672 substituted ‘‘denying the growth of fundamental rights or social progress’’ for ‘‘denying social progress’’ in last par. Statutory Notes and Related Subsidiaries REFERENCES TO FOREIGN MILITARY SALES ACT DEEMED REFERENCE TO ARMS EXPORT CONTROL ACT Pub. L. 94–329, title II, § 201(b), June 30, 1976, 90 Stat. 734, provided that: ‘‘Any reference to the Foreign Mili- tary Sales Act [see Short Title note below] shall be deemed to be a reference to the Arms Export Control Act.’’ REFERENCES TO PRESENT INSTEAD OF PAST PROVI- SIONS; SPECIFIC APPLICATION OF OTHER PROVISIONS TO THIS CHAPTER Pub. L. 90–629, ch. 4, § 45(c), Oct. 22, 1968, 82 Stat. 1327, provided that: ‘‘References in law to the provisions of law repealed by subsection (a) of this section [repealing sections 2341 to 2343, 2344(b)(3), 2345, 2394(g), and 2399a of this title] shall hereafter [on and after Oct. 22, 1968] be deemed to be references to this Act [this chapter] or ap- propriate provisions of this Act. Except for the laws specified in section 44 [section 2793 of this title], no other provision of law shall be deemed to apply to this Act unless it refers specifically to this Act or refers generally to sales of defense articles and defense serv- ices under any Act.’’ EFFECTIVE DATE Pub. L. 90–629, ch. 4, § 41, Oct. 22, 1968, 82 Stat. 1326, provided that: ‘‘This Act [enacting this chapter, amending sections 2344, 2382, 2392, 2394, and 2403 of this title, repealing sections 2341 to 2343, 2345, and 2399a of this title, and enacting provisions set out as notes under this section and section 2341 of this title] shall take effect on July 1, 1968.’’ SHORT TITLE OF 2016 AMENDMENT Pub. L. 114–123, § 1, Feb. 18, 2016, 130 Stat. 117, provided that: ‘‘This Act [enacting provisions set out as a note under section 2753 of this title] may be cited as the ‘United States-Jordan Defense Cooperation Act of 2015’.’’ SHORT TITLE OF 2010 AMENDMENT Pub. L. 111–266, § 1, Oct. 8, 2010, 124 Stat. 2797, provided that: ‘‘This Act [amending sections 2321h, 2753, 2755, 2761, 2765, 2776, 2778, 2779, 2779a, 2796a, and 2796b of this title and enacting provisions set out as notes under this section and section 2778 of this title] may be cited as the ‘Security Cooperation Act of 2010’.’’ Pub. L. 111–266, title I, § 101, Oct. 8, 2010, 124 Stat. 2797, provided that: ‘‘This title [amending sections 2753, 2755, 2765, 2776, 2778, 2779, and 2779a of this title and enacting provisions set out as notes under section 2778 of this title] may be cited as the ‘Defense Trade Cooperation Treaties Implementation Act of 2010’.’’ SHORT TITLE OF 1999 AMENDMENT Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, § 1001], Nov. 29, 1999, 113 Stat. 1536, 1501A–485, provided that: ‘‘This division [div. B of H.R. 3427 as enacted by section 1000(a)(7) of Pub. L. 106–113, see Tables for classifica- tion] may be cited as the ‘Arms Control, Nonprolifera- tion, and Security Assistance Act of 1999’.’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–194, § 1, July 14, 1998, 112 Stat. 627, pro- vided that: ‘‘This Act [amending section 2799aa–1 of this title and enacting provisions set out as notes under section 2799aa–1 of this title] may be cited as the ‘Agriculture Export Relief Act of 1998’.’’ SHORT TITLE OF 1991 AMENDMENT Pub. L. 102–228, § 1, Dec. 12, 1991, 105 Stat. 1691, pro- vided that: ‘‘This Act [enacting sections 2595b–1 and 2799 to 2799d of this title, amending sections 2581, 2589, 2595, and 2595c of this title, and enacting provisions set out as notes under section 2551 of this title] may be cited as the ‘Conventional Forces in Europe Treaty Im- plementation Act of 1991’.’’ SHORT TITLE Pub. L. 90–629, § 1, Oct. 22, 1968, 82 Stat. 1320, as amended by Pub. L. 94–329, title II, § 201(a), June 30, 1976, 90 Stat. 734, provided: ‘‘That this Act [enacting this chapter, amending sections 2382, 2392, 2394, and 2403 of this title, repealing sections 2341 to 2343, 2344, 2345, 2394, and 2399 of this title, and enacting provisions set out as notes under this section and section 2341 of this title] may be cited as the ‘Arms Export Control Act’.’’ ADVANCEMENTS IN DEFENSE COOPERATION BETWEEN THE UNITED STATES AND INDIA Pub. L. 115–91, div. A, title XII, § 1258, Dec. 12, 2017, 131 Stat. 1683, provided that: ‘‘(a) IN GENERAL.—[Amended section 1292 of Pub. L. 114–328, set out as a note below.] ‘‘(b) INTERAGENCY DEFINITION OF INDIA AS MAJOR DE- FENSE PARTNER.—The Secretary of Defense, the Sec- retary of State, and the Secretary of Commerce shall jointly produce a common definition that recognizes India’s status as a ‘Major Defense Partner’ for joint use by the Department of Defense, the Department of State, and the Department of Commerce. ‘‘(c) RESPONSIBILITY FOR ENHANCED COOPERATION.— ‘‘(1) DESIGNATION OF RESPONSIBLE INDIVIDUAL.—Not later than 90 days after the date of the enactment of this Act [Dec. 12, 2017], the Secretary of Defense and the Secretary of State jointly shall make the des- ignation required by paragraph (1)(B) of section 1292(a) of the National Defense Authorization Act for Fiscal Year 2017 [Pub. L. 114–328, set out as a note below]. ‘‘(2) ADDITIONAL DUTIES.—[Amended section 1292 of Pub. L. 114–328, set out as a note below.] ‘‘(3) BRIEFINGS.—Not later than 90 days after the date of the enactment of this Act, and every year thereafter, appropriate officials of the Office of the Secretary of Defense and appropriate officials of the Department of State shall brief the appropriate com- mittees of Congress on the actions of the Department of Defense and the Department of State, respectively, to promote defense cooperation between the United States and India and the duties specified in paragraph (1)(B) of section 1292(a) of the National Defense Au- thorization Act for Fiscal Year 2017 (as amended by paragraph (2) of this subsection). The requirement for briefings under this paragraph shall cease on the date of the designation of an individual pursuant to para- graph (1). ‘‘(4) APPROPRIATE COMMITTEES OF CONGRESS DE- FINED.—In this subsection, the term ‘appropriate committees of Congress’ means— ‘‘(A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and ‘‘(B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Rep- resentatives.’’ ENHANCING DEFENSE AND SECURITY COOPERATION WITH INDIA Pub. L. 114–328, div. A, title XII, § 1292, Dec. 23, 2016, 130 Stat. 2559, as amended by Pub. L. 115–91, div. A, title Page 1188 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2751 XII, § 1258(a), (c)(2), Dec. 12, 2017, 131 Stat. 1683, 1684; Pub. L. 115–232, div. A, title XII, § 1266, Aug. 13, 2018, 132 Stat. 2064, provided that: ‘‘(a) ACTIONS.— ‘‘(1) IN GENERAL.—The Secretary of Defense and Secretary of State should jointly take such actions as may be necessary to— ‘‘(A) recognize India’s status as a major defense partner of the United States; ‘‘(B) designate an individual within the executive branch who has experience in defense acquisition and technology— ‘‘(i) to reinforce and ensure, through inter- agency policy coordination, the success of the Framework for the United States-India Defense Relationship; ‘‘(ii) to help resolve remaining issues impeding United States-India defense trade, security co- operation, and co-production and co-development opportunities; and ‘‘(iii) to promote United States defense trade with India for the benefit of job creation and com- mercial competitiveness in the United States; ‘‘(C) approve and facilitate the transfer of ad- vanced technology, consistent with United States conventional arms transfer policy, to support com- bined military planning with India’s military for missions such as humanitarian assistance and dis- aster relief, counter piracy, freedom of navigation, and maritime domain awareness missions, and to promote weapons systems interoperability; ‘‘(D) strengthen the effectiveness of the U.S.- India Defense Trade and Technology Initiative and the durability of the Department of Defense’s ‘India Rapid Reaction Cell’; ‘‘(E) collaborate with the Government of India to develop mutually agreeable mechanisms to verify the security of defense articles, defense services, and related technology, such as appropriate cyber security and end use monitoring arrangements, consistent with United States export control laws and policy, and to advance the Communications Interoperability and Security Memorandum of Agreement and The Basic Exchange and Coopera- tion Agreement for Geospatial Cooperation; ‘‘(F) promote policies that will encourage the effi- cient review and authorization of defense sales and exports to India; ‘‘(G) encourage greater government-to-govern- ment and commercial military transactions be- tween the United States and India; ‘‘(H) support the development and alignment of India’s export control and procurement regimes with those of the United States and multilateral control regimes; ‘‘(I) continue to enhance defense and security co- operation with India in order to advance United States interests in the South Asia and greater Indo- Asia-Pacific regions, including common security, and to enhance role of United States partners and allies in the defense relationship between the United States and India; ‘‘(J) support joint exercises, operations, and pa- trols and mutual defense planning with India; ‘‘(K) work with representatives of the Govern- ment of the Islamic Republic of Afghanistan and the Government of India to promote stability and development in Afghanistan; and ‘‘(L) support such other matters with respect to defense and security cooperation with India that the Secretary of Defense or the Secretary of State consider appropriate. ‘‘(2) REPORT.— ‘‘(A) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2016], and annually thereafter until December 31, 2021, the Secretary of Defense and Secretary of State shall jointly submit to the congressional defense com- mittees [Committees on Armed Services and Appro- priations of the Senate and House of Representa- tives] and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on how the United States is supporting its defense relationship with India in relation to the actions described in paragraph (1). ‘‘(B) CONTENTS.—The report shall also include— ‘‘(i) a forward-looking strategy with specific benchmarks for measurable progress toward en- hancing India’s status as a major defense partner and defense and security cooperation with India; ‘‘(ii) a description of any limitations that hinder or slows [sic] progress in implementing the actions described in subparagraphs (A) through (L) of paragraph (1); ‘‘(iii) a description of actions India is taking, or the actions the Secretary of Defense or the Sec- retary of State believe India should take, to ad- vance the relationship between the United States, including actions relating to subparagraphs (A) through (L) of paragraph (1); ‘‘(iv) a description of the measures that can be taken by the United States and India to improve interoperability; and ‘‘(v) a description of the progress made in ena- bling agreements between the United States and India. ‘‘(3) REPORT FORM.—The report required by para- graph (2) shall be submitted in unclassified form, but may include a classified annex. ‘‘(b) BILATERAL COORDINATION.—To enhance coopera- tion and encourage military-to-military engagement between the United States and India, the Secretary of Defense should take appropriate actions to ensure that exchanges between senior military officers and senior civilian defense officials of the United States Govern- ment and the Government of India— ‘‘(1) are at a level appropriate to enhance engage- ment between the militaries of the two countries for threat analysis, military doctrine, force planning, mutual security interests, logistical support, intel- ligence, tactics, techniques and procedures, humani- tarian assistance, and disaster relief; ‘‘(2) include exchanges of general and flag officers between the two countries; ‘‘(3) enhance cooperative military operations, in- cluding maritime security, counter-piracy, counter- terror cooperation, and domain awareness, in the Indo-Asia-Pacific region; ‘‘(4) accelerate the development of combined mili- tary planning for missions such as those identified in subsection (a)(1)(C) or in paragraph (1) of this sub- section, or other missions in the national security in- terests of both countries; and ‘‘(5) solicit and recognize actions and efforts by India that would allow the United States to treat India as a major defense partner. ‘‘(c) ASSESSMENT REQUIRED.— ‘‘(1) IN GENERAL.—The Secretary of Defense and Secretary of State shall jointly, on an ongoing basis, conduct an assessment of the extent to which India possesses capabilities to support and carry out mili- tary operations of mutual interest to the United States and India, including an assessment of the de- fense export control regulations and policies that need appropriate modification, in recognition of In- dia’s capabilities and its status as a major defense partner. ‘‘(2) USE OF ASSESSMENT.—The President shall en- sure that the assessment described in paragraph (1) is used, consistent with United States conventional arms transfer policy, to inform the review by the United States of requests to export defense articles, defense services, or related technology to India under the Arms Export Control Act (22 U.S.C. 2751 et seq.), and to inform any regulatory and policy adjustments that may be appropriate.’’ [For termination, effective Dec. 30, 2021, of reporting requirements in section 1292(a)(2) of Pub. L. 114–328, set out above, see section 1702(a), (b), of Pub. L. 116–92, set Page 1189 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2751 out as a Termination of Reporting Requirements note under section 111 of this title.] REGISTRATION AND END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE SERVICES TRANSFERRED TO AFGHANISTAN AND PAKISTAN Pub. L. 111–84, div. A, title XII, § 1225, Oct. 28, 2009, 123 Stat. 2523, provided that: ‘‘(a) PROGRAM REQUIRED.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall es- tablish and carry out a program to provide for the registration and end-use monitoring of defense arti- cles and defense services transferred to Afghanistan and Pakistan in accordance with the requirements under subsection (b) and to prohibit the retransfer of such defense articles and defense services without the consent of the United States. The program required under this subsection shall be limited to the transfer of defense articles and defense services— ‘‘(A) pursuant to authorities other than the Arms Export Control Act [22 U.S.C. 2751 et seq.] or the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.]; and ‘‘(B) using funds made available to the Depart- ment of Defense, including funds available pursuant to the Pakistan Counterinsurgency Fund. ‘‘(2) PROHIBITION.—No defense articles or defense services that would be subject to the program re- quired under this subsection may be transferred to— ‘‘(A) the Government of Afghanistan or any other group, organization, citizen, or resident of Afghani- stan, or ‘‘(B) the Government of Pakistan or any other group, organization, citizen, or resident of Paki- stan, until the Secretary of Defense certifies to the speci- fied congressional committees that the program re- quired under this subsection has been established. ‘‘(b) REGISTRATION AND END-USE MONITORING REQUIRE- MENTS.—The registration and end-use monitoring re- quirements under this subsection shall include the fol- lowing: ‘‘(1) A detailed record of the origin, shipping, and distribution of defense articles and defense services transferred to— ‘‘(A) the Government of Afghanistan and other groups, organizations, citizens, and residents of Af- ghanistan; and ‘‘(B) the Government of Pakistan and other groups, organizations, citizens, and residents of Pakistan. ‘‘(2) The registration of the serial numbers of all small arms to be provided to— ‘‘(A) the Government of Afghanistan and other groups, organizations, citizens, and residents of Af- ghanistan; and ‘‘(B) the Government of Pakistan and other groups, organizations, citizens, and residents of Pakistan. ‘‘(3) A program of end-use monitoring of lethal de- fense articles and defense services transferred to the entities and individuals described in subparagraphs (A) and (B) of paragraph (1). ‘‘(c) REVIEW; EXEMPTION.— ‘‘(1) REVIEW.—The Secretary of Defense shall peri- odically review the defense articles and defense serv- ices subject to the registration and end-use moni- toring requirements under subsection (b) to deter- mine which defense articles and defense services, if any, should no longer be subject to such registration and end-use monitoring requirements. The Secretary of Defense shall submit to the specified congressional committees the results of each review conducted under this paragraph. ‘‘(2) EXEMPTION.—The Secretary of Defense may ex- empt a defense article or defense service from the registration and end-use monitoring requirements under subsection (b) beginning on the date that is 30 days after the date on which the Secretary provides notice of the proposed exemption to the specified con- gressional committees. Such notice shall describe any controls to be imposed on such defense article or defense service, as the case may be, under any other provision of law. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) DEFENSE ARTICLE.—The term ‘defense article’ has the meaning given the term in section 644(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(d)). ‘‘(2) DEFENSE SERVICE.—The term ‘defense service’ has the meaning given the term in section 644(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(f)). ‘‘(3) SMALL ARM.—The term ‘small arm’ means— ‘‘(A) a handgun or pistol; ‘‘(B) a shoulder-fired weapon, including a sub-car- bine, carbine, or rifle; ‘‘(C) a light, medium, or heavy automatic weapon up to and including a .50 caliber machine gun; ‘‘(D) a recoilless rifle up to and including 106mm; ‘‘(E) a mortar up to and including 81mm; ‘‘(F) a rocket launcher, man-portable; ‘‘(G) a grenade launcher, rifle and shoulder fired; and ‘‘(H) an individually-operated weapon which is portable or can be fired without special mounts or firing devices and which has potential use in civil disturbances and is vulnerable to theft. ‘‘(4) SPECIFIED CONGRESSIONAL COMMITTEES.—The term ‘specified congressional committees’ means— ‘‘(A) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Rep- resentatives; and ‘‘(B) the Committee on Foreign Relations and the Committee on Armed Services of the Senate. ‘‘(e) EFFECTIVE DATE.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), this section shall take effect 180 days after the date of the enactment of this Act [Oct. 28, 2009]. ‘‘(2) EXCEPTION.—The Secretary of Defense may delay the effective date of this section by an addi- tional period of up to 120 days if the Secretary cer- tifies in writing to the specified congressional com- mittees for such additional period that it is in the vital interest of the United States to do so and in- cludes in the certification a description of such vital interest.’’ TRACKING AND MONITORING OF DEFENSE ARTICLES PRO- VIDED TO THE GOVERNMENT OF IRAQ AND OTHER INDI- VIDUALS AND GROUPS IN IRAQ Pub. L. 110–181, div. A, title XII, § 1228, Jan. 28, 2008, 122 Stat. 377, provided that: ‘‘(a) EXPORT AND TRANSFER CONTROL POLICY.—The President shall implement a policy to control the ex- port and transfer of defense articles into Iraq, including implementation of the registration and monitoring sys- tem under subsection (c). ‘‘(b) REQUIREMENT TO IMPLEMENT CONTROL SYSTEM.— No defense articles may be provided to the Government of Iraq or any other group, organization, citizen, or resident of Iraq until the President certifies to the specified congressional committees that a registration and monitoring system meeting the requirements set forth in subsection (c) has been established. ‘‘(c) REGISTRATION AND MONITORING SYSTEM.—The registration and monitoring system required under this subsection shall include— ‘‘(1) the registration of the serial numbers of all small arms to be provided to the Government of Iraq or to other groups, organizations, citizens, or resi- dents of Iraq; ‘‘(2) a program of end-use monitoring of all lethal defense articles provided to such entities or individ- uals; and ‘‘(3) a detailed record of the origin, shipping, and distribution of all defense articles transferred under the Iraq Security Forces Fund or any other security assistance program to such entities or individuals. ‘‘(d) REVIEW; EXEMPTION.— ‘‘(1) REVIEW.—The President shall periodically re- view the items subject to the registration and moni- Page 1190 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2751 toring requirements under subsection (c) to deter- mine what items, if any, should no longer be subject to such registration and monitoring requirements. The President shall transmit to the specified congres- sional committees the results of each review con- ducted under this paragraph. ‘‘(2) EXEMPTION.—The President may exempt an item from the registration and monitoring require- ments under subsection (c) beginning on the date that is 30 days after the date on which the President provides notice of the proposed exemption to the specified congressional committees in accordance with the procedures applicable to reprogramming no- tifications under section 634A(a) of the Foreign As- sistance Act of 1961 (22 U.S.C. 2394–1(a)). Such notice shall describe any controls to be imposed on such item under any other provision of law. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) DEFENSE ARTICLE.—The term ‘defense article’ has the meaning given the term in section 644(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(d)). ‘‘(2) SMALL ARMS.—The term ‘small arms’ means— ‘‘(A) handguns; ‘‘(B) shoulder-fired weapons; ‘‘(C) light automatic weapons up to and including .50 caliber machine guns; ‘‘(D) recoilless rifles up to and including 106mm; ‘‘(E) mortars up to and including 81mm; ‘‘(F) rocket launchers, man-portable; ‘‘(G) grenade launchers, rifle and shoulder fired; and ‘‘(H) individually-operated weapons which are portable or can be fired without special mounts or firing devices and which have potential use in civil disturbances and are vulnerable to theft. ‘‘(3) SPECIFIED CONGRESSIONAL COMMITTEES.—The term ‘specified congressional committees’ means— ‘‘(A) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Rep- resentatives; and ‘‘(B) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Banking, Housing, and Urban Affairs of the Sen- ate. ‘‘(f) EFFECTIVE DATE.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), this section shall take effect 180 days after the date of the enactment of this Act [Jan. 28, 2008]. ‘‘(2) EXCEPTION.—The President may delay the ef- fective date of this section by an additional period of up to 90 days if the President certifies in writing to the specified congressional committees for such addi- tional period that it is in the vital interest of the United States to do so and includes in the certifi- cation a description of such vital interest.’’ MAN-PORTABLE AIR DEFENSE SYSTEMS (MANPADS) Pub. L. 109–472, § 12, Jan. 11, 2007, 120 Stat. 3558, pro- vided that: ‘‘(a) STATEMENT OF POLICY.—Congress declares that it should be the policy of the United States to hold for- eign governments accountable for knowingly transfer- ring MANPADS to state-sponsors of terrorism or ter- rorist organizations. ‘‘(b) DETERMINATION RELATING TO SANCTIONS.— ‘‘(1) IN GENERAL.—If the President determines that a foreign government knowingly transfers MANPADS to a foreign government described in paragraph (2) or a terrorist organization, the President shall— ‘‘(A) submit forthwith to the Committee on Inter- national Relations [now Committee on Foreign Af- fairs] of the House of Representatives and the Com- mittee on Foreign Relations of the Senate a report containing such determination; and ‘‘(B) impose forthwith on the transferring foreign government the sanctions described in subsection (c). ‘‘(2) FOREIGN GOVERNMENT DESCRIBED.—A foreign government described in this paragraph is a foreign government that the Secretary of State has deter- mined, for purposes of [former] section 6(j) of the Ex- port Administration Act of 1979 [former 50 U.S.C. 4605(j)], section 620A of the Foreign Assistance Act of 1961 [22 U.S.C. 2371], section 40 of the Arms Export Control Act [22 U.S.C. 2780], or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism. ‘‘(c) SANCTIONS DESCRIBED.—The sanctions referred to in subsection (b)(1)(B) are the following: ‘‘(1) Termination of United States Government as- sistance to the transferring foreign government under the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], except that such termination shall not apply in the case of humanitarian assistance. ‘‘(2) Termination of United States Government— ‘‘(A) sales to the transferring foreign government of any defense articles, defense services, or design and construction services; and ‘‘(B) licenses for the export to the transferring foreign government of any item on the United States Munitions List. ‘‘(3) Termination of all foreign military financing for the transferring foreign government. ‘‘(d) WAIVER.—Notwithstanding any other provision of law, sanctions shall not be imposed on a transferring foreign government under this section if the President determines and certifies in writing to the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Com- mittee on Foreign Relations of the Senate that the fur- nishing of the assistance, sales, licensing, or financing that would otherwise be suspended as a result of the imposition of such sanctions is important to the na- tional security interests of the United States. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) DEFENSE ARTICLE.—The term ‘defense article’ has the meaning given the term in section 47(3) of the Arms Export Control Act [22 U.S.C. 2794(3)]. ‘‘(2) DEFENSE SERVICE.—The term ‘defense service’ has the meaning given the term in section 47(4) of the Arms Export Control Act [22 U.S.C. 2794(4)]. ‘‘(3) DESIGN AND CONSTRUCTION SERVICES.—The term ‘design and construction services’ has the meaning given the term in section 47(8) of the Arms Export Control Act [22 U.S.C. 2794(8)]. ‘‘(4) FOREIGN GOVERNMENT.—The term ‘foreign gov- ernment’ includes any agency or instrumentality of a foreign government. ‘‘(5) MANPADS.—The term ‘MANPADS’ means— ‘‘(A) a surface-to-air missile system designed to be man-portable and carried and fired by a single individual; or ‘‘(B) any other surface-to-air missile system de- signed to be operated and fired by more than one individual acting as a crew and portable by several individuals.’’ Pub. L. 108–458, title IV, § 4026, Dec. 17, 2004, 118 Stat. 3724, provided that: ‘‘(a) UNITED STATES POLICY ON NONPROLIFERATION AND EXPORT CONTROL.— ‘‘(1) TO LIMIT AVAILABILITY AND TRANSFER OF MANPADS.—The President shall pursue, on an urgent basis, further strong international diplomatic and co- operative efforts, including bilateral and multilateral treaties, in the appropriate forum to limit the avail- ability, transfer, and proliferation of MANPADSs worldwide. ‘‘(2) TO LIMIT THE PROLIFERATION OF MANPADS.—The President is encouraged to seek to enter into agree- ments with the governments of foreign countries that, at a minimum, would— ‘‘(A) prohibit the entry into force of a MANPADS manufacturing license agreement and MANPADS co-production agreement, other than the entry into force of a manufacturing license or co-production agreement with a country that is party to such an agreement; ‘‘(B) prohibit, except pursuant to transfers be- tween governments, the export of a MANPADS, in- cluding any component, part, accessory, or attach- Page 1191 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2751 ment thereof, without an individual validated li- cense; and ‘‘(C) prohibit the reexport or retransfer of a MANPADS, including any component, part, acces- sory, or attachment thereof, to a third person, or- ganization, or government unless the written con- sent of the government that approved the original export or transfer is first obtained. ‘‘(3) TO ACHIEVE DESTRUCTION OF MANPADS.—The President should continue to pursue further strong international diplomatic and cooperative efforts, in- cluding bilateral and multilateral treaties, in the ap- propriate forum to assure the destruction of excess, obsolete, and illicit stocks of MANPADSs worldwide. ‘‘(4) REPORTING AND BRIEFING REQUIREMENT.— ‘‘(A) PRESIDENT’S REPORT.—Not later than 180 days after the date of enactment of this Act [Dec. 17, 2004], the President shall transmit to the appro- priate congressional committees a report that con- tains a detailed description of the status of diplo- matic efforts under paragraphs (1), (2), and (3) and of efforts by the appropriate United States agencies to comply with the recommendations of the Gen- eral Accounting Office [now Government Account- ability Office] set forth in its report GAO–04–519, entitled ‘Nonproliferation: Further Improvements Needed in U.S. Efforts to Counter Threats from Man-Portable Air Defense Systems’. ‘‘(B) ANNUAL BRIEFINGS.—Annually after the date of submission of the report under subparagraph (A) and until completion of the diplomatic and compli- ance efforts referred to in subparagraph (A), the Secretary of State shall brief the appropriate con- gressional committees on the status of such efforts. ‘‘(b) FAA AIRWORTHINESS CERTIFICATION OF MISSILE DEFENSE SYSTEMS FOR COMMERCIAL AIRCRAFT.— ‘‘(1) IN GENERAL.—As soon as practicable, but not later than the date of completion of Phase II of the Department of Homeland Security’s counter-man- portable air defense system (MANPADS) development and demonstration program, the Administrator of the Federal Aviation Administration shall establish a process for conducting airworthiness and safety cer- tification of missile defense systems for commercial aircraft certified as effective and functional by the Department of Homeland Security. The process shall require a certification by the Administrator that such systems can be safely integrated into aircraft systems and ensure airworthiness and aircraft system integrity. ‘‘(2) CERTIFICATION ACCEPTANCE.—Under the process, the Administrator shall accept the certification of the Department of Homeland Security that a missile defense system is effective and functional to defend commercial aircraft against MANPADSs. ‘‘(3) EXPEDITIOUS CERTIFICATION.—Under the proc- ess, the Administrator shall expedite the airworthi- ness and safety certification of missile defense sys- tems for commercial aircraft certified by the Depart- ment of Homeland Security. ‘‘(4) REPORTS.—Not later than 90 days after the first airworthiness and safety certification for a missile defense system for commercial aircraft is issued by the Administrator, and annually thereafter until De- cember 31, 2008, the Federal Aviation Administration shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that contains a detailed description of each airworthiness and safe- ty certification issued for a missile defense system for commercial aircraft. ‘‘(c) PROGRAMS TO REDUCE MANPADS.— ‘‘(1) IN GENERAL.—The President is encouraged to pursue strong programs to reduce the number of MANPADSs worldwide so that fewer MANPADSs will be available for trade, proliferation, and sale. ‘‘(2) REPORTING AND BRIEFING REQUIREMENTS.—Not later than 180 days after the date of enactment of this Act [Dec. 17, 2004], the President shall transmit to the appropriate congressional committees a report that contains a detailed description of the status of the programs being pursued under subsection (a). Annu- ally thereafter until the programs are no longer need- ed, the Secretary of State shall brief the appropriate congressional committees on the status of programs. ‘‘(3) FUNDING.—There is authorized to be appro- priated such sums as may be necessary to carry out this section. ‘‘(d) MANPADS VULNERABILITY ASSESSMENTS RE- PORT.— ‘‘(1) IN GENERAL.—Not later than one year after the date of enactment of this Act [Dec. 17, 2004], the Sec- retary of Homeland Security shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Sen- ate a report describing the Department of Homeland Security’s plans to secure airports and the aircraft arriving and departing from airports against MANPADSs attacks. ‘‘(2) MATTERS TO BE ADDRESSED.—The Secretary’s report shall address, at a minimum, the following: ‘‘(A) The status of the Department’s efforts to conduct MANPADSs vulnerability assessments at United States airports at which the Department is conducting assessments. ‘‘(B) How intelligence is shared between the United States intelligence agencies and Federal, State, and local law enforcement to address the MANPADS threat and potential ways to improve such intelligence sharing. ‘‘(C) Contingency plans that the Department has developed in the event that it receives intelligence indicating a high threat of a MANPADS attack on aircraft at or near United States airports. ‘‘(D) The feasibility and effectiveness of imple- menting public education and neighborhood watch programs in areas surrounding United States air- ports in cases in which intelligence reports indicate there is a high risk of MANPADS attacks on air- craft. ‘‘(E) Any other issues that the Secretary deems relevant. ‘‘(3) FORMAT.—The report required by this sub- section may be submitted in a classified format. ‘‘(e) DEFINITIONS.—In this section, the following defi- nitions apply: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on Armed Services, the Com- mittee on International Relations [now Committee on Foreign Affairs], and the Committee on Trans- portation and Infrastructure of the House of Rep- resentatives; and ‘‘(B) the Committee on Armed Services, the Com- mittee on Foreign Relations, and the Committee on Commerce, Science, and Transportation of the Sen- ate. ‘‘(2) MANPADS.—The term ‘MANPADS’ means— ‘‘(A) a surface-to-air missile system designed to be man-portable and carried and fired by a single individual; and ‘‘(B) any other surface-to-air missile system de- signed to be operated and fired by more than one individual acting as a crew and portable by several individuals.’’ [Functions of President under subsecs. (a)(4)(A), (c)(2) of section 4026 of Pub. L. 108–458, set out above, as- signed to Secretary of State by section 1 of Memo- randum of President of the United States, Apr. 21, 2005, 70 F.R. 48633, set out as a note under section 301 of title 3, The President.] BILATERAL EXCHANGES AND TRADE IN DEFENSE ARTI- CLES AND DEFENSE SERVICES BETWEEN THE UNITED STATES AND THE UNITED KINGDOM AND AUSTRALIA Pub. L. 108–375, div. A, title XII, § 1225, Oct. 28, 2004, 118 Stat. 2091, provided that: ‘‘(a) POLICY.—It is the policy of Congress that bilat- eral exchanges and trade in defense articles and defense Page 1192 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2751 services between the United States and the United Kingdom and Australia are in the national security in- terest of the United States and that such exchanges and trade should be subjected to accelerated review and processing consistent with national security and the requirements of the Arms Export Control Act (22 U.S.C. 2751 et seq.). ‘‘(b) REQUIREMENT.—The Secretary of State shall en- sure that any license application submitted for the ex- port of defense articles or defense services to Australia or the United Kingdom is expeditiously processed by the Department of State, in consultation with the De- partment of Defense, without referral to any other Fed- eral department or agency, except where the item is classified or exceptional circumstances apply. ‘‘(c) REGULATIONS.—The President shall ensure that regulations are prescribed to implement this section.’’ ELIGIBILITY OF PANAMA UNDER ARMS EXPORT CONTROL ACT Pub. L. 104–164, title I, § 154, July 21, 1996, 110 Stat. 1440, provided that: ‘‘The Government of the Republic of Panama shall be eligible to purchase defense articles and defense services under the Arms Export Control Act (22 U.S.C. 2751 et seq.), except as otherwise specifi- cally provided by law.’’ REPORTS ON COUNTERPROLIFERATION ACTIVITIES AND PROGRAMS Pub. L. 103–337, div. A, title XV, § 1503, Oct. 5, 1994, 108 Stat. 2916; Pub. L. 104–201, div. A, title XIII, § 1309(d), Sept. 23, 1996, 110 Stat. 2710; Pub. L. 106–65, div. A, title XV, § 1504(c), Oct. 5, 1999, 113 Stat. 808; Pub. L. 107–314, div. A, title XII, § 1208(b), (c), Dec. 2, 2002, 116 Stat. 2668; Pub. L. 110–181, div. A, title XII, § 1256(d), Jan. 28, 2008, 122 Stat. 404, provided that: ‘‘(a) BIENNIAL REPORT REQUIRED.—Not later than May 1 each odd-numbered year, the Secretary of Defense shall submit to Congress a report of the findings of the Counterproliferation Program Review Committee es- tablished by subsection (a) of the Review Committee charter. ‘‘(b) CONTENT OF REPORT.—Each report under sub- section (a) shall include the following: ‘‘(1) A complete list, by specific program element, of the existing, planned, or newly proposed capabili- ties and technologies reviewed by the Review Com- mittee pursuant to subsection (c) of the Review Com- mittee charter. ‘‘(2) A complete description of the requirements and priorities established by the Review Committee. ‘‘(3) A comprehensive discussion of the near-term, mid-term, and long-term programmatic options for- mulated by the Review Committee for meeting re- quirements prescribed by the Review Committee and for eliminating deficiencies identified by the Review Committee, including the annual funding require- ments and completion dates established for each such option. ‘‘(4) An explanation of the recommendations made pursuant to subsection (c) of the Review Committee charter, together with a full discussion of the actions taken to implement such recommendations or other- wise taken on the recommendations. ‘‘(5) A discussion and assessment of the status of each Review Committee recommendation during the two fiscal years preceding the fiscal year in which the report is submitted, including, particularly, the sta- tus of recommendations made during such preceding fiscal years that were reflected in the budget sub- mitted to Congress pursuant to section 1105(a) of title 31, United States Code, in the fiscal year of the re- port. ‘‘(6) Each specific Department of Energy program that the Secretary of Energy plans to develop to ini- tial operating capability and each such program that the Secretary does not plan to develop to initial oper- ating capability. ‘‘(7) For each technology program scheduled to reach initial operational capability, a recommenda- tion from the Chairman of the Joint Chiefs of Staff that represents the views of the commanders of the unified and specified commands regarding the utility and requirement of the program. ‘‘(8) A discussion of the limitations and impedi- ments to the biological weapons counterproliferation efforts of the Department of Defense (including legal, policy, and resource constraints) and recommenda- tions for the removal or mitigation of such impedi- ments and for ways to make such efforts more effec- tive. ‘‘(c) FORMS OF REPORT.—Each such report shall be submitted in both unclassified and classified forms, in- cluding an annex to the classified report for special compartmented information programs, special access programs, and special activities programs. ‘‘(d) REVIEW COMMITTEE CHARTER DEFINED.—For pur- poses of this section, the term ‘Review Committee charter’ means section 1605 of the National Defense Au- thorization Act for Fiscal Year 1994 [Pub. L. 103–160] (22 U.S.C. 2751 note). ‘‘(e) TERMINATION OF REQUIREMENT.—The final report required under subsection (a) is the report for the year following the year in which the Counterproliferation Program Review Committee established under the Re- view Committee Charter ceases to exist.’’ ARAB LEAGUE BOYCOTT OF ISRAEL Pub. L. 103–236, title V, § 564, Apr. 30, 1994, 108 Stat. 484, as amended by Pub. L. 103–415, § 1(l), Oct. 25, 1994, 108 Stat. 4301, provided that: ‘‘(a) PROHIBITION.—No defense article or defense serv- ice may be sold or leased by the United States Govern- ment to any country or international organization that, as a matter of policy or practice, is known to have sent letters to United States firms requesting compliance with, or soliciting information regarding compliance with, the Arab League secondary or ter- tiary boycott of Israel, unless the President deter- mines, and so certifies to the appropriate congressional committees, that that country or organization does not currently maintain a policy or practice of making such requests or solicitations. ‘‘(b) WAIVER.— ‘‘(1) 1-YEAR WAIVER.—On or after the effective date of this section, the President may waive, for a period of 1 year, the application of subsection (a) with re- spect to any country or organization if the President determines, and reports to the appropriate congres- sional committees, that— ‘‘(A) such waiver is in the national interest of the United States, and such waiver will promote the ob- jectives of this section to eliminate the Arab boy- cott; or ‘‘(B) such waiver is in the national security inter- est of the United States. ‘‘(2) EXTENSION OF WAIVER.—If the President deter- mines that the further extension of a waiver will pro- mote the objectives of this section, the President, upon notification of the appropriate congressional committees, may grant further extensions of such waiver for successive 12-month periods. ‘‘(3) TERMINATION OF WAIVER.—The President may, at any time, terminate any waiver granted under this subsection. ‘‘(c) DEFINITIONS.—As used in this section— ‘‘(1) the term ‘appropriate congressional commit- tees’ means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives; and ‘‘(2) the terms ‘defense article’ and ‘defense service’ have the meanings given to such terms by paragraphs (3) and (4), respectively, of section 47 of the Arms Ex- port Control Act [22 U.S.C. 2794(3), (4)]. ‘‘(d) EFFECTIVE DATE.—This section shall take effect 1 year after the date of enactment of this Act [Apr. 30, 1994].’’ [Memorandum of President of the United States, Apr. 24, 1997, 62 F.R. 24797, delegated to Secretary of State functions of President under section 564 of Public Law 103–236, set out above.] Page 1193 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2751 [Certifications and determinations relating to sus- pension of application by President under section 564 of Pub. L. 103–236, set out above, were contained in the fol- lowing: [Determination of President of the United States, No. 96–23, Apr. 30, 1996, 61 F.R. 26029. [Determination of President of the United States, No. 95–20, May 1, 1995, 60 F.R. 22245.] COUNTERPROLIFERATION POLICY AND PROGRAMS OF UNITED STATES Pub. L. 103–160, div. A, title XVI, §§ 1603, 1605, 1607, Nov. 30, 1993, 107 Stat. 1843, 1845, 1847, as amended by Pub. L. 103–337, div. A, title XV, §§ 1502, 1505(a), (b), Oct. 5, 1994, 108 Stat. 2914, 2919; Pub. L. 104–106, div. A, title XV, § 1504(b), Feb. 10, 1996, 110 Stat. 513; Pub. L. 104–201, div. A, title XIII, § 1309(a)–(c), Sept. 23, 1996, 110 Stat. 2710; Pub. L. 106–65, div. A, title XV, § 1504(a), (b), Oct. 5, 1999, 113 Stat. 808; Pub. L. 107–314, div. A, title XII, § 1208(a), (d), Dec. 2, 2002, 116 Stat. 2668; Pub. L. 109–163, div. A, title X, § 1056(f), Jan. 6, 2006, 119 Stat. 3440; Pub. L. 110–181, div. A, title XII, § 1256(a)–(c), Jan. 28, 2008, 122 Stat. 403; Pub. L. 112–239, div. A, title X, § 1076(c)(1), Jan. 2, 2013, 126 Stat. 1949; Pub. L. 115–91, div. A, title X, § 1051(f), Dec. 12, 2017, 131 Stat. 1563, provided that: ‘‘SEC. 1603. STUDIES RELATING TO UNITED STATES COUNTERPROLIFERATION POLICY. ‘‘(a) AUTHORIZATION TO CONDUCT STUDIES.—The Sec- retary of Defense may conduct studies and analysis programs in support of the counterproliferation policy of the United States. ‘‘(b) COUNTERPROLIFERATION STUDIES.—Studies and analysis programs under this section may include pro- grams intended to explore defense policy issues that might be involved in efforts to prevent and counter the proliferation of weapons of mass destruction and their delivery systems. Such efforts include— ‘‘(1) enhancing United States military capabilities to deter and respond to terrorism, theft, and pro- liferation involving weapons of mass destruction; ‘‘(2) cooperating in international programs to en- hance military capabilities to deter and respond to terrorism, theft, and proliferation involving weapons of mass destruction; and ‘‘(3) otherwise contributing to Department of De- fense capabilities to deter, identify, monitor, and re- spond to such terrorism, theft, and proliferation in- volving weapons of mass destruction. ‘‘(c) DESIGNATION OF COORDINATOR.—The Under Sec- retary of Defense for Policy, subject to the supervision and control of the Secretary of Defense, shall coordi- nate the policy studies and analysis of the Department of Defense on countering proliferation of weapons of mass destruction and their delivery systems. ‘‘SEC. 1605. JOINT COMMITTEE FOR REVIEW OF COUNTERPROLIFERATION PROGRAMS OF THE UNITED STATES. ‘‘(a) ESTABLISHMENT.—(1) There is hereby established a Counterproliferation Program Review Committee composed of the following members: ‘‘(A) The Secretary of Defense. ‘‘(B) The Secretary of Energy. ‘‘(C) The Director of National Intelligence. ‘‘(D) The Chairman of the Joint Chiefs of Staff. ‘‘(E) The Secretary of State. ‘‘(F) The Secretary of Homeland Security. ‘‘(2) The Secretary of Defense shall chair the com- mittee. The Secretary of Energy shall serve as the Vice Chairman of the committee. ‘‘(3) A member of the committee may designate a rep- resentative to perform routinely the duties of the mem- ber. A representative shall be in a position of Deputy Assistant Secretary or a position equivalent to or above the level of Deputy Assistant Secretary. A rep- resentative of the Chairman of the Joint Chiefs of Staff shall be a person in a grade equivalent to that of Dep- uty Assistant Secretary of Defense. ‘‘(4) The Secretary of Defense may delegate to the Under Secretary of Defense for Acquisition, Tech- nology, and Logistics the performance of the duties of the Chairman of the committee. The Secretary of En- ergy may delegate to the Under Secretary of Energy re- sponsible for national security programs of the Depart- ment of Energy the performance of the duties of the Vice Chairman of the committee. ‘‘(5) The Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs shall serve as executive secretary to the committee, except that during any period during which that position is vacant the Assistant Secretary of Defense for Strategy and Threat Reduction shall serve as the executive sec- retary. ‘‘(b) PURPOSES OF THE COMMITTEE.—The purposes of the committee are as follows: ‘‘(1) To optimize funding for, and ensure the devel- opment and deployment of— ‘‘(A) highly effective technologies and capabili- ties for the detection, monitoring, collection, proc- essing, analysis, and dissemination of information in support of United States counterproliferation policy and efforts, including efforts to stem the pro- liferation of weapons of mass destruction and to ne- gate paramilitary and terrorist threats involving weapons of mass destruction; and ‘‘(B) disabling technologies in support of such pol- icy. ‘‘(2) To identify and eliminate undesirable redundancies or uncoordinated efforts in the develop- ment and deployment of such technologies and capa- bilities. ‘‘(3) To establish priorities for programs and fund- ing. ‘‘(4) To encourage and facilitate interagency and interdepartmental funding of programs in order to ensure necessary levels of funding to develop, oper- ate, and field highly-capable systems. ‘‘(5) To ensure that Department of Energy programs are integrated with the operational needs of other de- partments and agencies of the Government. ‘‘(6) To ensure that Department of Energy national security programs include technology demonstra- tions and prototype development of equipment. ‘‘(c) DUTIES.—The committee shall— ‘‘(1) identify and review existing and proposed capa- bilities and technologies for support of United States nonproliferation policy and counterproliferation pol- icy with regard to— ‘‘(A) intelligence; ‘‘(B) battlefield surveillance; ‘‘(C) passive defenses; ‘‘(D) active defenses; and ‘‘(E) counterforce capabilities; ‘‘(2) prescribe requirements and priorities for the development and deployment of highly effective capa- bilities and technologies; ‘‘(3) identify deficiencies in existing capabilities and technologies; ‘‘(4) formulate near-term, mid-term, and long-term programmatic options for meeting requirements es- tablished by the committee and eliminating defi- ciencies identified by the committee; and ‘‘(5) assess each fiscal year the effectiveness of the committee actions during the preceding fiscal year, including, particularly, the status of recommenda- tions made during such preceding fiscal year that were reflected in the budget submitted to Congress pursuant to section 1105(a) of title 31, United States Code, for the fiscal year following the fiscal year in which the assessment is made. ‘‘(d) ACCESS TO INFORMATION.—The committee shall have access to information on all programs, projects, and activities of the Department of Defense, the De- partment of State, the Department of Energy, the De- partment of State, the Department of Homeland Secu- rity, the intelligence community, and the Arms Con- trol and Disarmament Agency that are pertinent to the purposes and duties of the committee. ‘‘(e) RECOMMENDATIONS.—The committee shall submit to the President and the heads of all appropriate de- Page 1194 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2751 partments and agencies of the Government such pro- grammatic recommendations regarding existing, planned, or new programs as the committee considers appropriate to encourage funding for capabilities and technologies at the level necessary to support United States counterproliferation policy. ‘‘(f) TERMINATION OF COMMITTEE.—The committee shall cease to exist at the end of September 30, 2013. ‘‘SEC. 1607. DEFINITIONS. ‘‘For purposes of this subtitle [subtitle A, §§ 1601–1607, of title XVI of div. A of Pub. L. 103–160, amending sec- tion 5859a of this title and enacting this note]: ‘‘(1) The term ‘appropriate congressional commit- tees’ means— ‘‘(A) the Committee on Armed Services, the Com- mittee on Appropriations, the Committee on For- eign Relations, and the Select Committee on Intel- ligence of the Senate; and ‘‘(B) the Committee on Armed Services [now Committee on National Security], the Committee on Appropriations, the Committee on Foreign Af- fairs, and the Permanent Select Committee on In- telligence of the House of Representatives. ‘‘(2) The term ‘intelligence community’ has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 401a) [now 50 U.S.C. 3003].’’ [For abolition, transfer of functions, and treatment of references to United States Arms Control and Disar- mament Agency, see section 6511 et seq. of this title.] RESTRICTION ON ARMS SALES TO SAUDI ARABIA AND KUWAIT Pub. L. 102–229, title I, § 104, Dec. 12, 1991, 105 Stat. 1707, provided that: ‘‘(a) No funds appropriated or otherwise made avail- able by this or any other Act may be used in any fiscal year to conduct, support, or administer any sale of de- fense articles or defense services to Saudi Arabia or Ku- wait until that country has paid in full, either in cash or in mutually agreed in-kind contributions, the fol- lowing commitments made to the United States to sup- port Operation Desert Shield/Desert Storm: ‘‘(1) In the case of Saudi Arabia, $16,839,000,000. ‘‘(2) In the case of Kuwait, $16,006,000,000. ‘‘(b) For purposes of this section, the term ‘any sale’ means any sale with respect to which the President is required to submit a numbered certification to the Congress pursuant to the Arms Export Control Act [22 U.S.C. 2751 et seq.] on or after the effective date of this section. ‘‘(c) This section shall take effect 120 days after the date of enactment of this joint resolution [Dec. 12, 1991]. ‘‘(d) Any military equipment of the United States, in- cluding battle tanks, armored combat vehicles, and ar- tillery, included within the Conventional Forces in Eu- rope Treaty definition of ‘conventional armaments and equipment limited by the Treaty’, which may be trans- ferred to any other NATO country shall be subject to the notification procedures stated in section 523 of Pub- lic Law 101–513 [104 Stat. 2007] and in section 634A of the Foreign Assistance Act of 1961 [22 U.S.C. 2394–1].’’ ANNUAL REPORT ON PROLIFERATION OF MISSILES AND ESSENTIAL COMPONENTS OF NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS Pub. L. 102–190, div. A, title X, § 1097, Dec. 5, 1991, 105 Stat. 1489, as amended by Pub. L. 104–106, div. A, title XV, §§ 1502(c)(3), 1504(d), Feb. 10, 1996, 110 Stat. 507, 514; Pub. L. 106–65, div. A, title X, § 1067(9), Oct. 5, 1999, 113 Stat. 774, required the President to submit to Congress annual reports on transfers by any country of weapons, technology, or materials that can be used to deliver, manufacture, or weaponize nuclear, biological, or chemical weapons to any country (other than certain specified countries) seeking to acquire such weapons, technology, or materials, and specified time, coverage, contents and classification of such reports, prior to re- peal by Pub. L. 107–228, div. B, title XIII, § 1308(g)(1)(A), Sept. 30, 2002, 116 Stat. 1441. CONVENTIONAL ARMS TRANSFERS Pub. L. 99–83, title I, § 129, Aug. 8, 1985, 99 Stat. 206, di- rected President, at the earliest possible date, in con- sultation with United States allies, to initiate discus- sions with the Soviet Union and France aimed at begin- ning multilateral negotiations to limit and control the transfer of conventional arms to less developed coun- tries, and, within one year after Aug. 8, 1985, submit to Speaker of House of Representatives and chairman of Committee on Foreign Relations of Senate a report which specifies steps being taken to fulfill such re- quirements and which examines and analyzes, among specified matters, United States policies concerning the export of conventional arms, especially sophisti- cated weapons, and possible approaches to developing multilateral limitations on conventional arms sales. TERMINATION OF NONRECURRING ACTIVITIES UNDER FOREIGN ASSISTANCE ACT OF 1961 AND THIS CHAPTER AND REMOVAL FROM LAW Pub. L. 97–113, title VII, § 734(c), Dec. 29, 1981, 95 Stat. 1561, provided that: ‘‘Except as otherwise explicitly pro- vided by their terms, amendments to the Foreign As- sistance Act of 1961 [22 U.S.C. 2151 et seq.] and the Arms Export Control Act [this chapter] which are applicable only to a single fiscal or calendar year or which require reports or other actions on a nonrecurring basis shall be deemed to have expired and shall be removed from law upon the expiration of the applicable time periods for the fulfillment of the required actions.’’ REPORT TO CONGRESS BY PRESIDENT ON MULTILATERAL DISCUSSIONS CONCERNING ARMS TRANSFER POLICY Pub. L. 95–384, § 15(b), Sept. 26, 1978, 92 Stat. 740, di- rected President, not later than Dec. 31, 1979, to trans- mit to Congress a detailed report assessing results and commenting on implications of multilateral discussion referred to in paragraph added to this section by sec- tion 15(a) of Pub. L. 95–384, relating to adherence to a policy of restraint in conventional arms transfer, prior to repeal by Pub. L. 97–113, title VII, § 734(a)(12), Dec. 29, 1981, 95 Stat. 1560. REPORT BY PRESIDENT ON REVIEW OF ARMS SALES CONTROLS ON NON-LETHAL ITEMS Pub. L. 95–384, § 25, Sept. 26, 1978, 92 Stat. 746, directed President, within 120 days after Sept. 26, 1978, to report in writing to Speaker of House of Representatives and chairman of Committee on Foreign Relations of Senate the results of the review conducted pursuant to Pub. L. 95–92, § 27, Aug. 4, 1977, 91 Stat. 626, set out below, prior to repeal by Pub. L. 97–113, title VII, § 734(a)(12), Dec. 29, 1981, 95 Stat. 1560. REPORT BY PRESIDENT ON IMPACT OF FOREIGN ARMS SALES AND TRANSFERS TO FOREIGN GOVERNMENTS ON DEFENSE READINESS AND NATIONAL SECURITY OF UNITED STATES Pub. L. 95–92, § 23, Aug. 4, 1977, 91 Stat. 624, set forth provisions respecting Presidential report on impact of United States foreign arms sales and transfers on de- fense readiness and national security, prior to repeal by Pub. L. 95–384, § 29(c)(2)(B), Sept. 26, 1978, 92 Stat. 747. STUDY BY PRESIDENT OF NATIONAL SECURITY AND MILITARY IMPLICATIONS OF INTERNATIONAL TRANS- FERS OF TECHNOLOGY; SCOPE OF STUDY; UTILIZATION OF EXECUTIVE DEPARTMENTS AND AGENCIES Pub. L. 95–92, § 24, Aug. 4, 1977, 91 Stat. 624, as amend- ed by Pub. L. 97–113, title VII, § 734(a)(13), Dec. 29, 1981, 95 Stat. 1560, directed President to conduct a com- prehensive study of policies and practices of United States Government with respect to national security and military implications of international transfers of technology in order to determine whether such policies Page 1195 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2751 and practices should be changed, with President to uti- lize resources and expertise of Arms Control and Disar- mament Agency, Department of State, Department of Defense, Department of Commerce, National Science Foundation, Office of Science and Technology Policy, and such other entities within the Executive branch as he deemed necessary. STATEMENT OF POLICY REGARDING UNITED STATES ARMS SALES TO ISRAEL Pub. L. 95–92, § 26, Aug. 4, 1977, 91 Stat. 625, provided that: ‘‘In accordance with the historic special relation- ship between the United States and Israel and previous agreements and continuing understandings, the Con- gress joins with the President in reaffirming that a pol- icy of restraint in United States arms transfers, includ- ing arms sales ceilings, shall not impair Israel’s deter- rent strength or undermine the military balance in the Middle East.’’ REVIEW BY PRESIDENT OF CATEGORIES AND ARMS SALES CONTROLS ON LETHAL AND NON-LETHAL ITEMS Pub. L. 95–92, § 27, Aug. 4, 1977, 91 Stat. 626, directed President to undertake a review of all regulations re- lating to arms control for the purpose of defining and categorizing lethal and non-lethal products and estab- lishing the appropriate level of control for each cat- egory. STUDY OF UNITED STATES ARMS SALES POLICIES AND PRACTICES BY PRESIDENT; REPORT TO CONGRESS Pub. L. 94–329, title II, § 202(b), June 30, 1976, 90 Stat. 735, set forth provisions respecting study and report to Congress of United States arms sales policies and prac- tices, prior to repeal by Pub. L. 95–384, § 29(c)(1)(A), Sept. 26, 1978, 92 Stat. 747. PRESIDENTIAL REPORT REGARDING SALES OF EXCESS DEFENSE ARTICLES TO FOREIGN GOVERNMENTS AND INTERNATIONAL ORGANIZATIONS Pub. L. 94–329, title II, § 217, June 30, 1976, 90 Stat. 747, set forth provisions respecting report by the President of all sales under this chapter of excess defense articles to foreign governments and international organiza- tions, prior to repeal by Pub. L. 95–384, § 29(c)(1)(B), Sept. 26, 1978, 92 Stat. 747. STUDY BY SECRETARIES OF STATE AND DEFENSE ON CONSEQUENCES OF ENACTMENT OF ARMS EXPORT CON- TROL PROVISIONS Pub. L. 94–329, title II, § 218, June 30, 1976, 90 Stat. 748, set forth provisions respecting study by the Secretaries of State and Defense on consequences of enactment of arms export control provisions by title II of Pub. L. 94–329, prior to repeal by Pub. L. 95–384, § 29(c)(1)(C), Sept. 26, 1978, 92 Stat. 747. TOTAL NUMBER OF CREDITS TO BE EXTENDED BETWEEN JULY 1, 1976, AND SEPTEMBER 30, 1976 Pub. L. 94–329, title V, § 506(b), June 30, 1976, 90 Stat. 764, provided that the total number of credits extended pursuant to this chapter, between July 1, 1976, and Sept. 30, 1976, not exceed an amount equal to one-fourth of the total amount of credits extended and guaranteed for fiscal year 1976. ADDITIONAL MILITARY AND CIVILIAN PERSONNEL FOR DEPARTMENT OF DEFENSE Pub. L. 94–329, title VI, § 605(a), June 30, 1976, 90 Stat. 768, provided that: ‘‘Nothing in this Act [see Short Title of 1976 Amendment note set out under section 2151 of the title] is intended to authorize any additional mili- tary or civilian personnel for the Department of De- fense for the purposes of this Act, the Foreign Assist- ance Act of 1961 [section 2151 et seq. of this title], or the Arms Export Control Act [this chapter]. Personnel lev- els authorized in statutes authorizing appropriations for military and civilian personnel of the Department of Defense shall be controlling over all military and ci- vilian personnel of the Department of Defense assigned to carry out functions under the Arms Export Control Act and the Foreign Assistance Act of 1961.’’ SALES TO THE MIDDLE EAST; REQUESTS FOR ADDITIONAL APPROPRIATIONS Pub. L. 91–672, § 5, Jan. 12, 1971, 84 Stat. 2053, provided that it was the sense of Congress that (1) the President should press forward with efforts to negotiate with the Soviet Union and other powers a limitation on arms shipments to the Middle East, (2) the President should be supported in the position that arms will be made available and credits provided to Israel and other friendly states to meet threats to the security and independence of such states, and (3) the President could submit to the Congress requests for appropriate supple- mentary appropriations. REVIEW OF MILITARY AID PROGRAMS AND EFFORTS FOR REGULATION OF CONVENTIONAL ARMS TRADE Pub. L. 91–672, § 6, Jan. 12, 1971, 84 Stat. 2053, provided that: ‘‘It is the sense of the Congress that— ‘‘(1) the President should immediately institute a thorough and comprehensive review of the military aid programs of the United States, particularly with respect to the military assistance and sales oper- ations of the Department of Defense, and ‘‘(2) the President should take such actions as may be appropriate— ‘‘(A) to initiate multilateral discussions among the United States, the Union of Soviet Socialist Re- publics, Great Britain, France, West Germany, Italy and other countries on the control of the worldwide trade in armaments, ‘‘(B) to commence a general debate in the United Nations with respect to the control of the conven- tional arms trade, and ‘‘(C) to use the power and prestige of his office to signify the intention of the United States to work actively with all nations to check and control the international sales and distribution of conventional weapons of death and destruction.’’ Executive Documents EXECUTIVE ORDER NO. 11501 Ex. Ord. No. 11501, Dec. 22, 1969, 34 F.R. 20169, as amended by Ex. Ord. No. 11685, Sept. 25, 1972, 37 F.R. 20155, which related to the administration of foreign military sales, was revoked by Ex. Ord. No. 11958, Jan. 18, 1977, 42 F.R. 4311, formerly set out below. EXECUTIVE ORDER NO. 11958 Ex. Ord. No. 11958, Jan. 18, 1977, 42 F.R. 4311, as amended by Ex. Ord. No. 12118, Feb. 6, 1979, 44 F.R. 7939; Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673; Ex. Ord. No. 12210, Apr. 16, 1980, 45 F.R. 26313; Ex. Ord. No. 12321, Sept. 14, 1981, 46 F.R. 46109; Ex. Ord. No. 12365, May 24, 1982, 47 F.R. 22933; Ex. Ord. No. 12423, May 26, 1983, 48 F.R. 24025; Ex. Ord. No. 12560, May 24, 1986, 51 F.R. 19159; Ex. Ord. No. 12680, July 5, 1989, 54 F.R. 28995; Ex. Ord. No. 12738, § 7, Dec. 14, 1990, 55 F.R. 52035; Ex. Ord. No. 13030, § 2, Dec. 12, 1996, 61 F.R. 66187; Ex. Ord. No. 13091, § 1, June 29, 1998, 63 F.R. 36153; Ex. Ord. No. 13118, § 10(8), Mar. 31, 1999, 64 F.R. 16598; Ex. Ord. No. 13284, § 13, Jan. 23, 2003, 68 F.R. 4076, which related to the administra- tion of arms export controls, was revoked by Ex. Ord. No. 13637, § 4, Mar. 8, 2013, 78 F.R. 16131, set out below. EX. ORD. NO. 13637. ADMINISTRATION OF REFORMED EXPORT CONTROLS Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16129, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Arms Export Control Act, as amended (22 U.S.C. 2751 et seq.) (the ‘‘Act’’), and section 301 of title 3, United States Code, it is hereby ordered as follows: Page 1196 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2751 SECTION 1. Delegation of Functions. The following func- tions conferred upon the President by the Act, and re- lated laws, are delegated as follows: (a) Those under section 3 of the Act (22 U.S.C. 2753), with the exception of subsections (a)(1), (b), (c)(3), (c)(4), and (f) (22 U.S.C. 2753(a)(1), (b), (c)(3), (c)(4), and (f)), to the Secretary of State. The Secretary of State, in the implementation of the delegated functions under sections 3(a) and (d) of the Act (22 U.S.C. 2753(a) and (d)), is authorized to find, in the case of a proposed transfer of a defense article or related training or other defense service by a foreign country or international organization not otherwise eligible under section 3(a)(1) of the Act (22 U.S.C. 2753(a)(1)), whether the proposed transfer will strengthen the security of the United States and promote world peace. (b) Those under section 5 (22 U.S.C. 2755) to the Sec- retary of State. (c) Those under section 21 of the Act (22 U.S.C. 2761), with the exception of the last sentence of subsection (d) and all of subsection (i) (22 U.S.C. 2761(d) and (i)), to the Secretary of Defense. (d) Those under sections 22(a), 29, 30, and 30A of the Act (22 U.S.C. 2762(a), 2769, 2770, and 2770a) to the Sec- retary of Defense. (e) Those under section 23 of the Act (22 U.S.C. 2763), and under section 7069 of the Department of State, For- eign Operations, and Related Programs Appropriations Act, 2012 (Public Law 112–74, Division I) and any subse- quently enacted provision of law that is the same or substantially the same, to the Secretary of Defense to be exercised in consultation with the Secretary of State and, other than the last sentence of section 23(a) (22 U.S.C. 2763(a)), in consultation with the Secretary of the Treasury, except that the President shall deter- mine any rate of interest to be charged that is less than the market rate of interest. (f) Those under sections 24 and 27 of the Act (22 U.S.C. 2764 and 2767) to the Secretary of Defense. The Sec- retary of Defense shall consult with the Secretary of State and the Secretary of the Treasury in imple- menting the delegated functions under section 24 (22 U.S.C. 2764) and with the Secretary of State in imple- menting the delegated functions under section 27 (22 U.S.C. 2767). (g) Those under section 25 of the Act (22 U.S.C. 2765) to the Secretary of State. The Secretary of Defense shall assist the Secretary of State in the preparation of materials for presentation to the Congress under that section. (h) Those under section 34 of the Act (22 U.S.C. 2774) to the Secretary of State. To the extent the standards and criteria for credit and guaranty transactions are based upon national security or financial policies, the Secretary of State shall obtain the prior concurrence of the Secretary of Defense and the Secretary of the Treasury, respectively. (i) Those under section 35(a) of the Act (22 U.S.C. 2775(a)) to the Secretary of State. (j) Those under sections 36(a) and 36(b)(1) of the Act (22 U.S.C. 2776(a) and (b)(1)), except with respect to the certification of an emergency as provided by subsection (b)(1) (22 U.S.C. 2776(b)(1)), to the Secretary of Defense. The Secretary of Defense, in the implementation of the delegated functions under sections 36(a) and (b)(1) (22 U.S.C. 2776(a) and (b)(1)), shall consult with the Sec- retary of State. With respect to those functions under sections 36(a)(5) and (6) (22 U.S.C. 2776(a)(5) and (6)), the Secretary of Defense shall consult with the Director of the Office of Management and Budget. (k) Those under section 36(b)(1) with respect to the certification of an emergency as provided by subsection (b)(1) and under sections 36(c) and (d) of the Act (22 U.S.C. 2776(b)(1), (c), and (d)) to the Secretary of State. (l) Those under section 36(f)(1) of the Act (22 U.S.C. 2776(f)(1)) to the Secretary of Defense. (m) Those under sections 36(f)(2) and (f)(3) of the Act (22 U.S.C. 2776(f)(2) and (f)(3)) to the Secretary of State. (n) Those under section 38 of the Act (22 U.S.C. 2778) to: (i) the Secretary of State, except as otherwise pro- vided in this subsection. Designations, including changes in designations, by the Secretary of State of items or categories of items that shall be considered as defense articles and defense services subject to export control under section 38 (22 U.S.C. 2778) shall have the concurrence of the Secretary of Defense. The authority to undertake activities to ensure compliance with es- tablished export conditions may be redelegated to the Secretary of Defense, or to the head of another execu- tive department or agency as appropriate, who shall ex- ercise such functions in consultation with the Sec- retary of State; (ii) the Attorney General, to the extent they relate to the control of the permanent import of defense articles and defense services. In carrying out such functions, the Attorney General shall be guided by the views of the Secretary of State on matters affecting world peace, and the external security and foreign policy of the United States. Designations, including changes in designations, by the Attorney General of items or cat- egories of items that shall be considered as defense ar- ticles and defense services subject to permanent import control under section 38 of the Act (22 U.S.C. 2778) shall be made with the concurrence of the Secretary of State and the Secretary of Defense and with notice to the Secretary of Commerce; and (iii) the Department of State for the registration and licensing of those persons who engage in the business of brokering activities with respect to defense articles or defense services controlled either for purposes of export by the Department of State or for purposes of perma- nent import by the Department of Justice. (o) Those under section 39(b) of the Act (22 U.S.C. 2779(b)) to the Secretary of State. In carrying out such functions, the Secretary of State shall consult with the Secretary of Defense as may be necessary to avoid in- terference in the application of Department of Defense regulations to sales made under section 22 of the Act (22 U.S.C. 2762). (p) Those under the portion of section 40A of the Act added by Public Law 104–164 (22 U.S.C. 2785), to the Sec- retary of State insofar as they relate to commercial ex- ports licensed under the Act, and to the Secretary of Defense insofar as they relate to defense articles and defense services sold, leased, or transferred under the Foreign Military Sales Program. (q) Those under the portion of section 40A of the Act added by the Antiterrorism and Effective Death Pen- alty Act of 1996 (Public Law 104–132) (22 U.S.C. 2781), to the Secretary of State. (r) Those under sections 42(c) and (f) of the Act (22 U.S.C. 2791(c) and (f)) to the Secretary of Defense. The Secretary of Defense shall obtain the concurrence of the Secretary of State and the Secretary of Commerce on any determination considered under the authority of section 42(c) of the Act (22 U.S.C. 2791(c)). (s) Those under section 52(b) of the Act (22 U.S.C. 2795a(b)) to the Secretary of Defense. (t) Those under sections 61 and 62(a) of the Act (22 U.S.C. 2796 and 2796a(a)) to the Secretary of Defense. (u) Those under section 2(b)(6) of the Export-Import Bank Act of 1945, as amended (12 U.S.C. 635(b)(6)) to the Secretary of State. SEC. 2. Coordination. (a) In addition to the specific provisions of section 1 of this order, the Secretary of State and the Secretary of Defense, in carrying out the functions delegated to them under this order, shall con- sult with each other and with the heads of other execu- tive departments and agencies on matters pertaining to their responsibilities. (b) Under the direction of the President and in ac- cordance with section 2(b) of the Act (22 U.S.C. 2752(b)), the Secretary of State, taking into account other United States activities abroad, shall be responsible for the continuous supervision and general direction of sales and exports under the Act, including the negotia- tion, conclusion, and termination of international agreements, and determining whether there shall be a sale to a country and the amount thereof, and whether Page 1197 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2752 there shall be delivery or other performance under such sale or export, to the end that sales and exports are in- tegrated with other United States activities and the foreign policy of the United States is best served there- by. SEC. 3. Allocation of Funds. Funds appropriated to the President for carrying out the Act shall be deemed to be allocated to the Secretary of Defense without any further action of the President. SEC. 4. Revocation. Executive Order 11958 of January 18, 1977, as amended, is revoked; except that, to the ex- tent consistent with this order, all determinations, au- thorizations, regulations, rulings, certificates, orders, directives, contracts, agreements, and other actions made, issued, taken, or entered into under the provi- sions of Executive Order 11958, as amended, and not re- voked, superseded, or otherwise made inapplicable, shall continue in full force and effect until amended, modified, or terminated by appropriate authority. SEC. 5. Delegation of Functions under the International Emergency Economic Powers Act. [Amended Ex. Ord. No. 13222, listed in a table under section 1701 of Title 50, War and National Defense.] SEC. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. § 2752. Coordination with foreign policy (a) Noninfringement of powers or functions of Secretary of State Nothing contained in this chapter shall be construed to infringe upon the powers or func- tions 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 Sec- retary of State (taking into account other United States activities abroad, such as mili- tary assistance, economic assistance, and the food for peace program) shall be responsible for the continuous supervision and general direc- tion of sales, leases, financing, cooperative projects, and exports under this chapter, includ- ing, but not limited to, determining— (1) whether there will be a sale to or financ- ing for a country and the amount thereof; (2) whether there will be a lease to a coun- try; (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, coopera- tive project, or export, to the end that sales, financing, leases, coopera- tive 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 pro- cedures to assure coordination among represent- atives 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 rec- ommendations of such representatives per- taining to sales are coordinated with political and economic considerations, and his comments shall accompany such recommendations if he so desires. (Pub. L. 90–629, ch. 1, § 2, Oct. 22, 1968, 82 Stat. 1322; Pub. L. 94–329, title II, § 212(a)(2), June 30, 1976, 90 Stat. 745; Pub. L. 97–113, title I, § 109(b)(1), Dec. 29, 1981, 95 Stat. 1526; Pub. L. 99–83, title I, § 115(b)(1), Aug. 8, 1985, 99 Stat. 201; Pub. L. 99–145, title XI, § 1102(a)(2), (5), Nov. 8, 1985, 99 Stat. 710; Pub. L. 99–661, div. A, title XIII, § 1342(e), Nov. 14, 1986, 100 Stat. 3991.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 90–629, 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. AMENDMENTS 1986—Subsec. (b). Pub. L. 99–661 repealed section 1102(a)(2) of Pub. L. 99–145 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. 99–83 amended subsec. (b) generally, substituting reference to the food for peace program for reference to food for freedom and adding fi- nancing and cooperative projects under this chapter to the list of responsibilities of the Secretary of State. Pub. L. 99–145, § 1102(a)(2), which enacted amendments similar to those provided in Pub. L. 99–83, was repealed. See 1986 Amendment note above and Repeals; Effective Date note below. 1981—Subsec. (b). Pub. L. 97–113 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. 94–329 inserted ‘‘and ex- ports’’ 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 AMENDMENT Amendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under sec- tion 2151–1 of this title. EFFECTIVE DATE Section effective July 1, 1968, see section 41 of Pub. L. 90–629, set out as a note under section 2751 of this title. REPEALS Pub. L. 99–145, title XI, § 1102(a)(5), Nov. 8, 1985, 99 Stat. 710, which provided for the repeal of the amend- ments made by § 1102(a) of Pub. L. 99–145, effective as of the effective date of similar amendments by Pub. L. 99–83, was repealed by Pub. L. 99–661, div. A, title XIII, § 1342(e), Nov. 14, 1986, 100 Stat. 3991.