§ 2321j. Authority to transfer excess defense arti-
cles
(a) Authorization
The President is authorized to transfer excess
defense articles under this section to countries
for which receipt of such articles was justified
pursuant to the annual congressional presen-
tation documents for military assistance pro-
grams, or for programs under part VIII of sub-
chapter I of this chapter, submitted under sec-
tion 2394 of this title, or for which receipt of
such articles was separately justified to the
Congress, for the fiscal year in which the trans-
fer is authorized.
(b) Limitations on transfers
(1) The President may transfer excess defense
articles under this section only if—
(A) such articles are drawn from existing
stocks of the Department of Defense;
(B) funds available to the Department of De-
fense for the procurement of defense equip-
ment are not expended in connection with the
transfer;
(C) the transfer of such articles will not have
an adverse impact on the military readiness of
the United States;
(D) with respect to a proposed transfer of
such articles on a grant basis, such a transfer
is preferable to a transfer on a sales basis,
after taking into account the potential pro-
ceeds from, and likelihood of, such sales, and
the comparative foreign policy benefits that
may accrue to the United States as the result
of a transfer on either a grant or sales basis;
(E) the President determines that the trans-
fer of such articles will not have an adverse
impact on the national technology and indus-
trial base and, particularly, will not reduce
the opportunities of entities in the national
technology and industrial base to sell new or
used equipment to the countries to which such
articles are transferred; and
(F) the transfer of such article
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Authority boundary: historical or unconfirmed source not current law verified.
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Page 797
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2321j
1 So in original. Probably should be ‘‘four-year period’’.
Subsec. (c). Pub. L. 95–92 substituted provisions relat-
ing to assignment of military personnel to nonspecified
countries by President for performance of accounting
and other management functions under international
security assistance programs, for provisions limiting
after Sept. 30, 1976, the number of military missions
and groups to not more than 34.
Subsec. (d). Pub. L. 95–92 substituted provisions set-
ting forth maximum number of military personnel as-
signable under subsecs. (b) and (c) of this section for
fiscal year 1978 as 865, for provisions defining ‘‘military
assistance advisory group, military mission, or other
organization of United States military personnel per-
forming similar military advisory functions under this
chapter’’.
Subsecs. (e) to (g). Pub. L. 95–92 added subsecs. (e) to
(g).
1976—Subsec. (a). Pub. L. 94–329, § 104(1), designated
existing provisions as subsec. (a) and substituted ‘‘Dur-
ing the period beginning July 1, 1976, and ending Sep-
tember 30, 1977’’ for ‘‘Effective July 1, 1976’’.
Subsecs. (b) to (d). Pub. L. 94–329, § 104(2), added sub-
secs. (b) to (d).
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.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relat-
ing thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu-
rity, and the Department of Homeland Security Reor-
ganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
Executive Documents
DELEGATION OF FUNCTIONS
For delegation of functions of President under this
section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R.
56673, as amended, set out as a note under section 2381
of this title.
§ 2321j. Authority to transfer excess defense arti-
cles
(a) Authorization
The President is authorized to transfer excess
defense articles under this section to countries
for which receipt of such articles was justified
pursuant to the annual congressional presen-
tation documents for military assistance pro-
grams, or for programs under part VIII of sub-
chapter I of this chapter, submitted under sec-
tion 2394 of this title, or for which receipt of
such articles was separately justified to the
Congress, for the fiscal year in which the trans-
fer is authorized.
(b) Limitations on transfers
(1) The President may transfer excess defense
articles under this section only if—
(A) such articles are drawn from existing
stocks of the Department of Defense;
(B) funds available to the Department of De-
fense for the procurement of defense equip-
ment are not expended in connection with the
transfer;
(C) the transfer of such articles will not have
an adverse impact on the military readiness of
the United States;
(D) with respect to a proposed transfer of
such articles on a grant basis, such a transfer
is preferable to a transfer on a sales basis,
after taking into account the potential pro-
ceeds from, and likelihood of, such sales, and
the comparative foreign policy benefits that
may accrue to the United States as the result
of a transfer on either a grant or sales basis;
(E) the President determines that the trans-
fer of such articles will not have an adverse
impact on the national technology and indus-
trial base and, particularly, will not reduce
the opportunities of entities in the national
technology and industrial base to sell new or
used equipment to the countries to which such
articles are transferred; and
(F) the transfer of such articles is consistent
with the policy framework for the Eastern
Mediterranean established under section 2373
of this title.
(2) Accordingly, for the four-year period begin-
ning on October 1, 1996, and thereafter for the
four-period 1 beginning on October 1, 2000, the
President shall ensure that excess defense arti-
cles offered to Greece and Turkey under this
section will be made available consistent with
the manner in which the President made avail-
able such excess defense articles during the four-
year period that began on October 1, 1992, pursu-
ant to section 573(e) of the Foreign Operations,
Export Financing, and Related Programs Appro-
priations Act, 1990.
(c) Terms of transfers
(1) No cost to recipient country
Excess defense articles may be transferred
under this section without cost to the recipi-
ent country.
(2) Priority
Notwithstanding any other provision of law,
the delivery of excess defense articles under
this section to member countries of the North
Atlantic Treaty Organization (NATO) on the
southern and southeastern flank of NATO, to
major non-NATO allies on such southern and
southeastern flank, to Taiwan, and to the
Philippines shall be given priority to the max-
imum extent feasible over the delivery of such
excess defense articles to other countries.
(d) Waiver of requirement for reimbursement of
Department of Defense expenses
Section 2392(d) of this title shall not apply
with respect to transfers of excess defense arti-
cles (including transportation and related costs)
under this section.
(e) Transportation and related costs
(1) In general
Except as provided in paragraph (2), funds
available to the Department of Defense may
not be expended for crating, packing, han-
dling, and transportation of excess defense ar-
ticles transferred under the authority of this
section.
(2) Exception
The President may provide for the transpor-
tation of excess defense articles without
Page 798
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2321j
charge to a country for the costs of such
transportation if—
(A) it is determined that it is in the na-
tional interest of the United States to do so;
(B) the recipient is a developing country
receiving less than $10,000,000 of assistance
under part V of this subchapter (relating to
international military education and train-
ing) or section 23 of the Arms Export Control
Act (22 U.S.C. 2763; relating to the Foreign
Military Financing program) in the fiscal
year in which the transportation is provided;
(C) the total weight of the transfer does
not exceed 50,000 pounds; and
(D) such transportation is accomplished on
a space available basis.
(f) Advance notification to Congress for transfer
of certain excess defense articles
(1) In general
The President may not transfer excess de-
fense articles that are significant military
equipment (as defined in section 47(9) of the
Arms Export Control Act [22 U.S.C. 2794(9)]) or
excess defense articles valued (in terms of
original acquisition cost) at $7,000,000 or more,
under this section or under the Arms Export
Control Act (22 U.S.C. 2751 et seq.) until 30
days after the date on which the President has
provided notice of the proposed transfer to the
congressional committees specified in section
2394–1(a) of this title in accordance with proce-
dures applicable to reprogramming notifica-
tions under that section.
(2) Contents
Such notification shall include—
(A) a statement outlining the purposes for
which the article is being provided to the
country, including whether such article has
been previously provided to such country;
(B) an assessment of the impact of the
transfer on the military readiness of the
United States;
(C) an assessment of the impact of the
transfer on the national technology and in-
dustrial base and, particularly, the impact
on opportunities of entities in the national
technology and industrial base to sell new or
used equipment to the countries to which
such articles are to be transferred; and
(D) a statement describing the current
value of such article and the value of such
article at acquisition.
(g) Aggregate annual limitation
(1) In general
The aggregate value of excess defense arti-
cles transferred to countries under this sec-
tion in any fiscal year may not exceed
$500,000,000.
(2) Effective date
The limitation contained in paragraph (1)
shall apply only with respect to fiscal years
beginning after fiscal year 1996.
(h) Congressional presentation documents
Documents described in subsection (a) justi-
fying the transfer of excess defense articles shall
include an explanation of the general purposes
of providing excess defense articles as well as a
table which provides an aggregate annual total
of transfers of excess defense articles in the pre-
ceding year by country in terms of offers and ac-
tual deliveries and in terms of acquisition cost
and current value. Such table shall indicate
whether such excess defense articles were pro-
vided on a grant or sale basis.
(i) Excess Coast Guard property
For purposes of this section, the term ‘‘excess
defense articles’’ shall be deemed to include ex-
cess property of the Coast Guard, and the term
‘‘Department of Defense’’ shall be deemed, with
respect to such excess property, to include the
Coast Guard.
(Pub. L. 87–195, pt. II, § 516, as added Pub. L.
99–661, div. A, title XI, § 1101, Nov. 14, 1986, 100
Stat. 3960; amended Pub. L. 100–202, § 101(b) [title
VIII, § 8143], Dec. 22, 1987, 101 Stat. 1321–43,
1329–89; Pub. L. 101–189, div. A, title IX, § 934,
Nov. 29, 1989, 103 Stat. 1538; Pub. L. 101–513, title
V, § 589, Nov. 5, 1990, 104 Stat. 2057; Pub. L.
102–190, div. A, title X, § 1049(a), Dec. 5, 1991, 105
Stat. 1469; Pub. L. 102–391, title V, § 574, Oct. 6,
1992, 106 Stat. 1683; Pub. L. 102–484, div. A, title
XIII, § 1313, Oct. 23, 1992, 106 Stat. 2548; Pub. L.
103–160, div. A, title XI, § 1182(c)(2), title XIV,
§ 1421, Nov. 30, 1993, 107 Stat. 1772, 1829; Pub. L.
103–236, title VII, § 731(a), Apr. 30, 1994, 108 Stat.
502; Pub. L. 104–106, div. A, title X, § 1012(g)(1),
Feb. 10, 1996, 110 Stat. 422; Pub. L. 104–164, title
I, § 104(a), July 21, 1996, 110 Stat. 1424; Pub. L.
106–113, div. B, § 1000(a)(7) [div. B, title XII,
§§ 1211(b), 1213], Nov. 29, 1999, 113 Stat. 1536,
1501A–497, 1501A–498; Pub. L. 106–280, title I, § 122,
Oct. 6, 2000, 114 Stat. 851; Pub. L. 107–228, div. B,
title XII, § 1234, Sept. 30, 2002, 116 Stat. 1433; Pub.
L. 113–276, title II, § 202, Dec. 18, 2014, 128 Stat.
2990; Pub. L. 117–263, div. E, title LV, § 5503(c)(2),
Dec. 23, 2022, 136 Stat. 3298.)
Editorial Notes
REFERENCES IN TEXT
Section 573(e) of the Foreign Operations, Export Fi-
nancing, and Related Programs Appropriations Act,
1990, referred to in subsec. (b)(2), is section 573(e) of
Pub. L. 101–167, which is set out in a note below.
The Arms Export Control Act, referred to in subsec.
(f)(1), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which
is classified principally to chapter 39 (§ 2751 et seq.) of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 2751 of
this title and Tables.
PRIOR PROVISIONS
A prior section 2321j, Pub. L. 87–195, pt. II, § 516, as
added Pub. L. 94–329, title I, § 105, June 30, 1976, 90 Stat.
732; amended Pub. L. 95–92, §§ 5(b), 7(b), Aug. 4, 1977, 91
Stat. 615, 617; Pub. L. 95–384, § 7(b), Sept. 26, 1978, 92
Stat. 732; Pub. L. 96–92, § 5(c), Oct. 29, 1979, 93 Stat. 703;
Pub. L. 96–533, title I, § 112(d), Dec. 16, 1980, 94 Stat. 3139,
provided for termination of authorities contained in
this part other than the authorities contained in sec-
tions 2318, 2321h, and 2321i of this title, prior to repeal
by Pub. L. 97–113, title I, § 110(d), Dec. 29, 1981, 95 Stat.
1526.
AMENDMENTS
2022—Subsec. (c)(2). Pub. L. 117–263 inserted ‘‘to Tai-
wan,’’ after ‘‘major non-NATO allies on such southern
and southeastern flank,’’.
2014—Subsec. (g)(1). Pub. L. 113–276 substituted
‘‘$500,000,000’’ for ‘‘$425,000,000’’.
Page 799
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2321j
2002—Subsec. (c)(2). Pub. L. 107–228 substituted ‘‘, to
major non-NATO allies on such southern and south-
eastern flank, and to the Philippines’’ for ‘‘and to
major non-NATO allies on such southern and south-
eastern flank’’.
2000—Subsec. (e)(2)(C). Pub. L. 106–280 substituted
‘‘50,000’’ for ‘‘25,000’’.
1999—Subsec. (b)(2). Pub. L. 106–113, § 1000(a)(7) [title
XII, § 1211(b)], inserted ‘‘and thereafter for the four-pe-
riod beginning on October 1, 2000,’’ after ‘‘October 1,
1996,’’.
Subsec. (g)(1). Pub. L. 106–113, § 1000(a)(7) [title XII,
§ 1213], substituted ‘‘$425,000,000’’ for ‘‘$350,000,000’’.
1996—Pub. L. 104–164 amended section generally, ex-
panding geographic scope of President’s authority to
transfer excess defense articles, including Coast Guard
property and permitting waiver of Department of De-
fense reimbursement, to any country for military as-
sistance programs or international narcotics control,
so long as such transfer is preferable to sale and is con-
sistent within congressionally documented Eastern
Mediterranean policy requirements, meets certain
terms of transfer requirements including preference for
NATO and non-NATO allies on southern flank, com-
plies with advance notification to Congress for certain
excess defense articles, and is within aggregate annual
limitations of $350,000,000 in value, for provisions which
authorized President to transfer excess defense articles
to predominantly NATO countries on southern flank
for purpose of modernization of their defense capabili-
ties.
Subsec. (g). Pub. L. 104–106 added subsec. (g) which
prohibited certain transfers of vessels on a grant basis.
1994—Subsec. (b)(4). Pub. L. 103–236 added par. (4).
1993—Subsec. (a). Pub. L. 103–160, § 1182(c)(2), made
technical amendment to Pub. L. 102–484, § 1313(2). See
1992 Amendment note below.
Subsec. (a)(3). Pub. L. 103–160, § 1421, inserted ‘‘or fis-
cal year 1992’’ after ‘‘fiscal year 1991’’.
1992—Subsec. (a). Pub. L. 102–484, § 1313(4), which di-
rected the amendment of subsec. (a) by striking ‘‘and
those countries which received Foreign Military Fi-
nancing (FMF) assistance in fiscal year 1990 and which,
as of October 1, 1990, contributed armed forces to deter
Iraqi aggression in the Arabian Gulf,’’, could not be ex-
ecuted because that language did not appear subse-
quent to amendment by Pub. L. 102–391. See below.
Pub. L. 102–484, § 1313(3), inserted ‘‘and (3) to those
countries which, as of October 1, 1990, contributed
armed forces to deter Iraqi aggression in the Arabian
Gulf, and which either received Foreign Military Fi-
nancing (FMF) assistance in fiscal year 1990 or are in
the Near East Region and received Foreign Military Fi-
nancing (FMF) assistance in fiscal year 1991,’’ after
‘‘southeastern flank of NATO which are eligible for
United States security assistance,’’.
Pub. L. 102–484, § 1313(2), as amended by Pub. L.
103–160, § 1182(c)(2), substituted ‘‘structure, (2)’’ for
‘‘structure, and’’.
Pub. L. 102–484, § 1313(1), inserted ‘‘(1)’’ after ‘‘may
transfer’’.
Pub. L. 102–391 repealed the amendment by Pub. L.
101–513. See 1990 Amendment note below.
1991—Subsec. (a). Pub. L. 102–190, § 1049(a)(1), struck
out ‘‘during the fiscal years 1987 through 1991,’’ before
‘‘the President may transfer’’.
Subsec. (f). Pub. L. 102–190, § 1049(a)(2), added subsec.
(f).
1990—Subsec. (a). Pub. L. 101–513, which directed
amendment of subsec. (a) by inserting ‘‘and those coun-
tries which received Foreign Military Financing (FMF)
assistance in fiscal year 1990 and which, as of October
1, 1990, contributed armed forces to deter Iraqi aggres-
sion in the Arabian Gulf,’’ after the second occurrence
of the words ‘‘United States security assistance,’’, was
repealed by Pub. L. 102–391. See 1992 Amendment note
above.
1989—Subsec. (a). Pub. L. 101–189 substituted ‘‘during
the fiscal years 1987 through 1991’’ for ‘‘during the fiscal
years 1987, 1988, and 1989’’ and inserted at end ‘‘Trans-
fers to recipient countries under this subsection shall
be consistent with the policy framework for the East-
ern Mediterranean region established in section 2373 of
this title.’’
1987—Subsec. (a). Pub. L. 100–202, § 101(b) [title VIII,
§ 8143(a), (b), (c)(1)], in first sentence substituted ‘‘, 1988,
and 1989,’’ for ‘‘and 1988’’, inserted ‘‘, and to major non-
NATO allies on the southern and southeastern flank of
NATO which are eligible for United States security as-
sistance,’’ after ‘‘military structure’’, and inserted ‘‘ex-
cess’’ before ‘‘defense articles’’, and in second sentence
inserted ‘‘excess defense’’ before ‘‘articles’’.
Subsec. (b). Pub. L. 100–202, § 101(b) [title VIII,
§ 8143(c)(2)], in introductory text, inserted ‘‘excess’’ be-
fore ‘‘defense articles’’.
Subsecs. (c), (d). Pub. L. 100–202, § 101(b) [title VIII,
§ 8143(c)(2)], inserted ‘‘excess’’ before ‘‘defense articles’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENT
Pub. L. 104–106, title X, § 1012(g)(2), Feb. 10, 1996, 110
Stat. 422, provided that: ‘‘The amendment made by
paragraph (1) [amending this section] shall apply with
respect to the transfer of a vessel on or after the date
of the enactment of this Act [Feb. 10, 1996] (other than
a vessel the transfer of which is authorized by sub-
section (a) [110 Stat. 421] or by law before the date of
the enactment of this Act).’’
EFFECTIVE DATE OF 1993 AMENDMENT
Pub. L. 103–160, title XI, § 1182(c)(2), Nov. 30, 1993, 107
Stat. 1772, provided in part that the amendment made
by that section is effective as of Oct. 23, 1992.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relat-
ing thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu-
rity, and the Department of Homeland Security Reor-
ganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
MEDITERRANEAN EXCESS DEFENSE ARTICLES
Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 535],
Sept. 30, 1996, 110 Stat. 3009–121, 3009–153, provided that:
‘‘For the four-year period beginning on October 1, 1996,
the President shall ensure that excess defense articles
will be made available under section[s] 516 and 519 of
the Foreign Assistance Act of 1961 [22 U.S.C. 2321j,
2321m] consistent with the manner in which the Presi-
dent made available excess defense articles under those
sections during the four-year period that began on Oc-
tober 1, 1992, pursuant to section 573(e) of the Foreign
Operations, Export Financing, Related Programs Ap-
propriations Act, 1990 [Pub. L. 101–167, set out below].’’
Similar provisions were contained in the following
prior appropriation act:
Pub. L. 104–107, title V, § 536, Feb. 12, 1996, 110 Stat.
735.
AVOIDING DUPLICATIVE AMENDMENTS
Pub. L. 102–190, title X, § 1049(b), Dec. 5, 1991, 105 Stat.
1469, which provided that if the International Coopera-
tion Act of 1991 was enacted and made the same amend-
ments to this section as did section 1049(a) of Pub. L.
102–190, then the duplicative amendments enacted by
section 1049(a) would not take effect, was repealed by
Pub. L. 102–484, div. A, title X, § 1053(7), Oct. 23, 1992, 106
Stat. 2502.
MODERNIZATION OF MILITARY CAPABILITIES OF CERTAIN
COUNTRIES
Pub. L. 101–167, title V, § 573, Nov. 21, 1989, 103 Stat.
1246, as amended by Pub. L. 102–391, title V, § 578(a), Oct.
6, 1992, 106 Stat. 1685, provided that:
Page 800
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2321k
‘‘(a) AUTHORITY TO TRANSFER EXCESS DEFENSE ARTI-
CLES.—
‘‘(1) NATO SOUTHERN FLANK COUNTRIES.—The Presi-
dent may transfer—
‘‘(A) to any NATO southern flank country which
is eligible for United States security assistance and
which is integrated into NATO’s military structure;
and
‘‘(B) to any major non-NATO ally on the southern
and southeastern flank of NATO which is eligible
for United States security assistance, such excess
defense articles as may be necessary to help mod-
ernize the defense capabilities of such country.
‘‘(2) MAJOR
ILLICIT
DRUG
PRODUCING
COUNTRIES.—
Subject to subsection (f), the President may transfer
to any country—
‘‘(A) which is a major illicit drug producing coun-
try,
‘‘(B) which has a democratic government, and
‘‘(C) whose armed forces do not engage in a con-
sistent pattern of gross violations of internation-
ally recognized human rights, such excess defense
articles as may be necessary to carry out sub-
section (f)(1).
‘‘(3) TERMS OF TRANSFERS.—Excess defense articles
may be transferred under this section without cost to
the recipient country.
‘‘(b) LIMITATIONS ON TRANSFERS.—The President may
transfer excess defense articles under this section only
if—
‘‘(1) they are drawn from existing stocks of the De-
partment of Defense;
‘‘(2) funds available to the Department of Defense
for the procurement of defense equipment are not ex-
pended in connection with the transfer; and
‘‘(3) the President determines that the transfer of
the excess defense articles will not have an adverse
impact on the military readiness of the United
States.
‘‘(c) NOTIFICATION TO CONGRESS.—
‘‘(1) ADVANCE
NOTICE.—The President may not
transfer excess defense articles under this section
until thirty days after the President has provided no-
tice of the proposed transfer to the committees speci-
fied in paragraph (2). This notification shall include—
‘‘(A) a certification of the need for the transfer;
‘‘(B) an assessment of the impact of the transfer
on the military readiness of the United States; and
‘‘(C) the value of the excess defense articles to be
transferred.
‘‘(2) COMMITTEES TO BE NOTIFIED.—Notice shall be
provided pursuant to paragraph (1) to the Committee
on Foreign Affairs, and the Committee on Appropria-
tions of the House of Representatives and the Com-
mittee on Armed Services, the Committee on Foreign
Relations, and the Committee on Appropriations of
the Senate.
‘‘(d) WAIVER OF REQUIREMENT FOR REIMBURSEMENT OF
DOD EXPENSES.—Section 632(d) of the Foreign Assist-
ance Act of 1961 [22 U.S.C. 2392(d)] does not apply with
respect to transfers of excess defense articles under this
section.
‘‘(e) MAINTENANCE OF MILITARY BALANCE IN EASTERN
MEDITERRANEAN.—
‘‘(1) UNITED STATES POLICY.—The Congress intends
that excess defense articles be made available under
this section consistent with the United States policy,
established by section 841 of the International Co-
operation Act of 1989 [probably means section 841 of
H.R. 2655, 101st Congress, which was not enacted], of
maintaining the military balance in the Eastern
Mediterranean.
‘‘(2) MAINTENANCE
OF
BALANCE.—Accordingly, the
President shall ensure that, over the four-year period
beginning on October 1, 1992, the ratio of—
‘‘(A) the value of excess defense articles made
available for Turkey under this section, to
‘‘(B) the value of excess defense articles made
available for Greece under this section, closely ap-
proximates the ratio of—
‘‘(i) the amount of foreign military financing
provided for Turkey, to
‘‘(ii) the amount of foreign military financing
provided for Greece.
‘‘(3) EXCEPTION
TO
REQUIREMENT.—This subsection
shall not apply if either Greece or Turkey ceases to
be eligible to receive excess defense articles under
subsection (a).
‘‘(f) MAJOR ILLICIT DRUG PRODUCING COUNTRIES
IN
LATIN AMERICA AND THE CARIBBEAN.—
‘‘(1) PURPOSE.—Excess defense articles shall be
transferred under subsection (a)(2) for the purpose of
encouraging the military forces of an eligible country
in Latin America and the Caribbean to participate
with local law enforcement agencies in a comprehen-
sive national antinarcotics program, conceived and
developed by the government of that country, by con-
ducting activities within that country and on the
high seas to prevent the production, processing, traf-
ficking, transportation, and consumption of illicit
narcotic or psychotrophic [sic] drugs or other con-
trolled substances.
‘‘(2) USES OF EXCESS DEFENSE ARTICLES.—Excess de-
fense articles may be furnished to a country under
subsection (a)(2) only if that country ensures that
those excess defense articles will be used only in sup-
port of antinarcotics activities.
‘‘(3) ROLE OF THE SECRETARY OF STATE.—The Sec-
retary of State shall determine the eligibility of
countries to receive excess defense articles under sub-
section (a)(2) and insure that any transfer is coordi-
nated with other antinarcotics enforcement programs
assisted by the United States Government.
‘‘(4) LIMITATION.—The aggregate value of excess de-
fense articles transferred to a country under sub-
section (a)(2) in any fiscal year may not exceed
$10,000,000.
‘‘(g) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘excess defense article’ has the mean-
ing given that term by section 644(g) [probably means
section 644(g) of Pub. L. 87–195, which is classified to
section 2403(g) of this title];
‘‘(2) the term ‘made available’ means that a good
faith offer is made by the United States to furnish
the excess defense articles to a country;
‘‘(3) the term ‘major non-NATO ally’ includes Aus-
tralia, Egypt, Israel, Japan, and New Zealand;
‘‘(4) the term ‘NATO’ means the North Atlantic
Treaty Organization; and
‘‘(5) the term ‘NATO southern flank countries’
means Greece, Italy, Portugal, Spain, and Turkey.’’
[For delegation of functions of President under sec-
tion 573 of Pub. L. 101–567, set out above, see Ex. Ord.
No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
out as a note under section 2381 of this title.]
Provisions similar to those appearing in section 573(e)
of Pub. L. 101–167, set out above, were contained in the
following prior appropriation acts:
Pub. L. 100–461, title V, § 569, Oct. 1, 1988, 102 Stat.
2268–43.
Pub. L. 100–202, § 101(e) [title V, § 582], Dec. 22, 1987, 101
Stat. 1329–131, 1329–182.
Executive Documents
DELEGATION OF FUNCTIONS
For delegation of functions of President under this
section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R.
56673, as amended, set out as a note under section 2381
of this title.
§ 2321k. Designation of major non-NATO allies
(a) Notice to Congress
The President shall notify the Congress in
writing at least 30 days before—
(1) designating a country as a major non-
NATO ally for purposes of this chapter and the
Arms Export Control Act (22 U.S.C. 2751 et
seq.); or
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization** The President is authorized to transfer excess defense articles under this section to countries for which receipt of such articles was justified pursuant to the annual congressional presentation documents for military assistance programs, or for programs under part VIII of subchapter I of this chapter, submitted under [section 2394 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2394&num=0&edition=prelim), or for which receipt of such articles was separately justified to the Congress, for the fiscal year in which the transfer is authorized.
**(b) Limitations on transfers**
(1) The President may transfer excess defense articles under this section only if—
(A) such articles are drawn from existing stocks of the Department of Defense;
(B) funds available to the Department of Defense for the procurement of defense equipment are not expended in connection with the transfer;
(C) the transfer of such articles will not have an adverse impact on the military readiness of the United States;
(D) with respect to a proposed transfer of such articles on a grant basis, such a transfer is preferable to a transfer on a sales basis, after taking into account the potential proceeds from, and likelihood of, such sales, and the comparative foreign policy benefits that may accrue to the United States as the result of a transfer on either a grant or sales basis;
(E) the President determines that the transfer of such articles will not have an adverse impact on the national technology and industrial base and, particularly, will not reduce the opportunities of entities in the national technology and industrial base to sell new or used equipment to the countries to which such articles are transferred; and
(F) the
**(a) Allocation and transfer of funds** The President may allocate or transfer to any agency of the United States Government any part of any funds available for carrying out the purposes of this chapter, including any advance to the United States Government by any country or international organization for the procurement of commodities, defense articles, military education and training, or services (including defense services). Such funds shall be available for obligation and expenditure for the purposes for which authorized, in accordance with authority granted in this chapter or under authority governing the activities of the agencies of the United States Government to which such funds are allocated or transferred.
**(b) Utilization of services and facilities of other agencies** Any officer of the United States Government carrying out functions under this chapter may utilize the services (including defense services) and facilities of, or procure commodities, defense articles, or military education and training from, any agency of the United States Government as the President shall direct, or with the consent of the head of such agency, and funds allocated pursuant to this subsection to any such agency may be established in separate appropriation accounts on the books of the Treasury.
**(c) Reimbursement for commodities, services, and facilities** In the case of any commodity, service, or facility procured from any agency of the United States Government to carry out subchapter I of this chapter, reimbursement or payment shall be made to such agency from funds available to carry out such subchapter. Such reimbursement or payment shall be at replacement cost, or, if required by law, at actual cost, or, in the case of services procured from the Department of Defense to
Stored review status: release_metadata_unconfirmed. The source passage cites 22 U.S.C. § 2392. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2392. Government agencies
(a) Allocation and transfer of funds
The President may allocate or transfer to any
agency of the United States Government any
part of any funds available for carrying out the
purposes of this chapter, including any advance
to the United States Government by any coun-
try or international organization for the pro-
curement of commodities, defense articles, mili-
tary education and training, or services (includ-
ing defense services). Such funds shall be avail-
able for obligation and expenditure for the pur-
poses for which authorized, in accordance with
authority granted in this chapter or under au-
thority governing the activities of the agencies
of the United States Government to which such
funds are allocated or transferred.
Page 899
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2392
1 See References in Text note below.
(b) Utilization of services and facilities of other
agencies
Any officer of the United States Government
carrying out functions under this chapter may
utilize the services (including defense services)
and facilities of, or procure commodities, de-
fense articles, or military education and train-
ing from, any agency of the United States Gov-
ernment as the President shall direct, or with
the consent of the head of such agency, and
funds allocated pursuant to this subsection to
any such agency may be established in separate
appropriation accounts on the books of the
Treasury.
(c) Reimbursement for commodities, services,
and facilities
In the case of any commodity, service, or fa-
cility procured from any agency of the United
States Government to carry out subchapter I of
this chapter, reimbursement or payment shall
be made to such agency from funds available to
carry out such subchapter. Such rei
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 2392. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
As declared by the Congress in the Arms Control and Disarmament Act [[22 U.S.C. 2551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2551&num=0&edition=prelim) et seq.], an ultimate goal of the United States continues 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 disarmament agreements and to discourage arms races.
Stored review status: release_metadata_unconfirmed. The source passage cites 22 U.S.C. § 2751. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 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 faci
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 2751. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Financing procurement of defense articles and services, and design and construction services** The President is authorized to finance the procurement of defense articles, defense services, and design and construction services by friendly foreign countries and international organizations, on such terms and conditions as he may determine consistent with the requirements of this section. Notwithstanding any other provision of law, and subject to the regular notification requirements of the Committees on Appropriations, the authority of this section may be used to provide financing to Israel and Egypt for the procurement by leasing (including leasing with an option to purchase) of defense articles from United States commercial suppliers, not including Major Defense Equipment (other than helicopters and other types of aircraft having possible civilian application), if the President determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by government-to-government sale under this chapter.
**(b) Repayment period** The President shall require repayment in United States dollars within a period not to exceed twelve years after the loan agreement with the country or international organization is signed on behalf of the United States Government, unless a longer period is specifically authorized by statute for that country or international organization.
**(c) Interest rate; definitions**
(1) The President shall charge interest under this section at such rate as he may determine, except that such rate may not be less than 5 percent per year.
(2) For purposes of financing provided under this section—
(A) the term “concessional rate of interest” means any rate of interest wh
Stored review status: release_metadata_unconfirmed. The source passage cites 22 U.S.C. § 2763. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2763. Credit sales
(a) Financing procurement of defense articles
and services, and design and construction
services
The President is authorized to finance the pro-
curement of defense articles, defense services,
and design and construction services by friendly
foreign countries and international organiza-
tions, on such terms and conditions as he may
determine consistent with the requirements of
this section. Notwithstanding any other provi-
sion of law, and subject to the regular notifica-
tion requirements of the Committees on Appro-
priations, the authority of this section may be
used to provide financing to Israel and Egypt for
the procurement by leasing (including leasing
with an option to purchase) of defense articles
from United States commercial suppliers, not
including Major Defense Equipment (other than
helicopters and other types of aircraft having
possible civilian application), if the President
determines that there are compelling foreign
policy or national security reasons for those de-
fense articles being provided by commercial
lease rather than by government-to-government
sale under this chapter.
(b) Repayment period
The President shall require repayment in
United States dollars within a period not to ex-
ceed twelve years after the loan agreement with
the country or international organization is
signed on behalf of the United States Govern-
ment, unless a longer period is specifically au-
thorized by statute for that country or inter-
national organization.
(c) Interest rate; definitions
(1) The President shall charge interest under
this section at such rate as he may determine,
except that such rate may not be less than 5 per-
cent per year.
(2) For purposes of financing provided under
this section—
(A) the term ‘‘conc
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 2763. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter, the term—
(1) “excess defense article” has the meaning provided by [section 2403(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2403/g&num=0&edition=prelim);
(2) “value” means, in the case of an excess defense article, except as otherwise provided in [section 2761(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2761/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) et seq.]) source material (except uranium depleted in the isotope 235 which is incorporated in defense articles so
Stored review status: release_metadata_unconfirmed. The source passage cites 22 U.S.C. § 2794. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2794. Definitions
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, rehabili-
tating, 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 re-
spect 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, muni-
tion, aircraft, vessel, boat, or other imple-
ment 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 man-
ufacture,
production,
processing,
repair,
servicing, storage, construction, transpor-
tation, 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 char-
acteristics unrelated to radioactivity), byprod-
uct material, special nuclear material, produc-
tion facilities, utilization facilities, or atomic
weapons or articles involving Restricted Data;
(4) ‘‘defense ser
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 2794. This identifies an authority to review, not proof of applicability.