§ 2753. — Eligibility for defense services or defense articles.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2753]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 39--ARMS EXPORT CONTROL
SUBCHAPTER I--FOREIGN AND NATIONAL SECURITY POLICY OBJECTIVES AND
RESTRAINTS
Sec. 2753. Eligibility for defense services or defense articles
(a) Prerequisites for consent by President; report to Congress
No defense article or defense service shall be sold or leased by the
United States Government under this chapter to any country or
international organization, and no agreement shall be entered into for a
cooperative project (as defined in section 2767 of this title), unless--
(1) the President finds that the furnishing of defense articles
and defense services to such country or international organization
will strengthen the security of the United States and promote world
peace;
(2) the country or international organization shall have agreed
not to transfer title to, or possession of, any defense article or
related training or other defense service so furnished to it, or
produced in a cooperative project (as defined in section 2767 of
this title), to anyone not an officer, employee, or agent of that
country or international organization (or the North Atlantic Treaty
Organization or the specified member countries (other than the
United States) in the case of a cooperative project) and not to use
or permit the use of such article or related training or other
defense service for purposes other than those for which furnished
unless the consent of the President has first been obtained:
(3) the country or international organization shall have agreed
that it will maintain the security of such article or service and
will provide substantially the same degree of security protection
afforded to such article or service by the United States Government;
and
(4) the country or international organization is otherwise
eligible to purchase or lease defense articles or defense services.
In considering a request for approval of any transfer of any weapon,
weapons system, munitions, aircraft, military boat, military vessel, or
other implement of war to another country, the President shall not give
his consent under paragraph (2) to the transfer unless the United States
itself would transfer the defense article under consideration to that
country. In addition, the President shall not give his consent under
paragraph (2) to the transfer of any significant defense articles on the
United States Munitions List unless the foreign country requesting
consent to transfer agrees to demilitarize such defense articles prior
to transfer, or the proposed recipient foreign country provides a
commitment in writing to the United States Government that it will not
transfer such defense articles, if not demilitarized, to any other
foreign country or person without first obtaining the consent of the
President. The President shall promptly submit a report to the Speaker
of the House of Representatives and to the Committee on Foreign
Relations of the Senate on the implementation of each agreement entered
into pursuant to clause (2) of this subsection.
(b) Necessity of consent by President
The consent of the President under paragraph (2) of subsection (a)
of this section or under paragraph (1) of section 2314(a) of this title
(as it relates to subparagraph (B) of such paragraph) shall not be
required for the transfer by a foreign country or international
organization of defense articles sold by the United States under this
chapter if--
(1) such articles constitute components incorporated into
foreign defense articles;
(2) the recipient is the government of a member country of the
North Atlantic Treaty Organization, the Government of Australia, the
Government of Japan, or the Government of New Zealand;
(3) the recipient is not a country designated under section 2371
of this title;
(4) the United States-origin components are not--
(A) significant military equipment (as defined in section
2794(9) of this title);
(B) defense articles for which notification to Congress is
required under section 2776(b) of this title; and
(C) identified by regulation as Missile Technology Control
Regime items; and
(5) the foreign country or international organization provides
notification of the transfer of the defense articles to the United
States Government not later than 30 days after the date of such
transfer.
(c) Termination of credits, guaranties or sales; report of violation by
President; national security exception; conditions for
reinstatement
(1)(A) No credits (including participations in credits) may be
issued and no guaranties may be extended for any foreign country under
this chapter as hereinafter provided, if such country uses defense
articles or defense services furnished under this chapter, or any
predecessor Act, in substantial violation (either in terms of quantities
or in terms of the gravity of the consequences regardless of the
quantities involved) of any agreement entered into pursuant to any such
Act (i) by using such articles or services for a purpose not authorized
under section 2754 of this title or, if such agreement provides that
such articles or services may only be used for purposes more limited
than those authorized under section 2754 of this title for a purpose not
authorized under such agreement; (ii) by transferring such articles or
services to, or permitting any use of such articles or services by,
anyone not an officer, employee, or agent of the recipient country
without the consent of the President; or (iii) by failing to maintain
the security of such articles or services.
(B) No cash sales or deliveries pursuant to previous sales may be
made with respect to any foreign country under this chapter as
hereinafter provided, if such country uses defense articles or defense
services furnished under this chapter, or any predecessor Act, in
substantial violation (either in terms of quantity or in terms of the
gravity of the consequences regardless of the quantities involved) of
any agreement entered into pursuant to any such Act by using such
articles or services for a purpose not authorized under section 2754 of
this title or, if such agreement provides that such articles or services
may only be used for purposes more limited than those authorized under
section 2754 of this title, for a purpose not authorized under such
agreement.
(2) The President shall report to the Congress promptly upon the
receipt of information that a violation described in paragraph (1) of
this subsection may have occurred.
(3)(A) A country shall be deemed to be ineligible under subparagraph
(A) of paragraph (1) of this subsection, or both subparagraphs (A) and
(B) of such paragraph in the case of a violation described in both such
paragraphs, if the President so determines and so reports in writing to
the Congress, or if the Congress so determines by joint resolution.
(B) Notwithstanding a determination by the President of
ineligibility under subparagraph (B) of paragraph (1) of this
subsection, cash sales and deliveries pursuant to previous sales may be
made if the President certifies in writing to the Congress that a
termination thereof would have significant adverse impact on United
States security, unless the Congress adopts or has adopted a joint
resolution pursuant to subparagraph (A) of this paragraph with respect
to such ineligibility.
(4) A country shall remain ineligible in accordance with paragraph
(1) of this subsection until such time as--
(A) the President determines that the violation has ceased; and
(B) the country concerned has given assurances satisfactory to
the President that such violation will not recur.
(d) Submission of written certification to Congress; contents;
classified material; effective date of consent; report to
Congress; transfers not subject to procedures
(1) Subject to paragraph (5), the President may not give his consent
under paragraph (2) of subsection (a) of this section or under the third
sentence of such subsection, or under section 2314(a)(1) or 2314(a)(4)
of this title, to a transfer of any major defense equipment valued (in
terms of its original acquisition cost) at $14,000,000 or more, or any
defense article or related training or other defense service valued (in
terms of its original acquisition cost) at $50,000,000 or more, unless
the President submits to the Speaker of the House of Representatives and
the Committee on Foreign Relations of the Senate a written certification
with respect to such proposed transfer containing--
(A) the name of the country or international organization
proposing to make such transfer,
(B) a description of the article or service proposed to be
transferred, including its acquisition cost,
(C) the name of the proposed recipient of such article or
service,
(D) the reasons for such proposed transfer, and
(E) the date on which such transfer is proposed to be made.
Any certification submitted to Congress pursuant to this paragraph shall
be unclassified, except that information regarding the dollar value and
number of articles or services proposed to be transferred may be
classified if public disclosure thereof would be clearly detrimental to
the security of the United States.
(2)(A) Except as provided in subparagraph (B), unless the President
states in the certification submitted pursuant to paragraph (1) of this
subsection that an emergency exists which requires that consent to the
proposed transfer become effective immediately in the national security
interests of the United States, such consent shall not become effective
until 30 calendar days after the date of such submission and such
consent shall become effective then only if the Congress does not enact,
within such 30-day period, a joint resolution prohibiting the proposed
transfer.
(B) In the case of a proposed transfer to the North Atlantic Treaty
Organization, or any member country of such Organization, Japan,
Australia, or New Zealand, unless the President states in the
certification submitted pursuant to paragraph (1) of this subsection
that an emergency exists which requires that consent to the proposed
transfer become effective immediately in the national security interests
of the United States, such consent shall not become effective until
fifteen calendar days after the date of such submission and such consent
shall become effective then only if the Congress does not enact, within
such fifteen-day period, a joint resolution prohibiting the proposed
transfer.
(C) If the President states in his certification under subparagraph
(A) or (B) that an emergency exists which requires that consent to the
proposed transfer become effective immediately in the national security
interests of the United States, thus waiving the requirements of that
subparagraph, the President shall set forth in the certification a
detailed justification for his determination, including a description of
the emergency circumstances which necessitate immediate consent to the
transfer and a discussion of the national security interests involved.
(D)(i) Any joint resolution under this paragraph shall be considered
in the Senate in accordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export Control Act of 1976.
(ii) For the purpose of expediting the consideration and enactment
of joint resolutions under this paragraph, a motion to proceed to the
consideration of any such joint resolution after it has been reported by
the appropriate committee shall be treated as highly privileged in the
House of Representatives.
(3)(A) Subject to paragraph (5), the President may not give his
consent to the transfer of any major defense equipment valued (in terms
of its original acquisition cost) at $14,000,000 or more, or of any
defense article or defense service valued (in terms of its original
acquisition cost) at $50,000,000 or more, the export of which has been
licensed or approved under section 2778 of this title, unless before
giving such consent the President submits to the Speaker of the House of
Representatives and the Chairman of the Committee on Foreign Relations
of the Senate a certification containing the information specified in
subparagraphs (A) through (E) of paragraph (1). Such certification shall
be submitted--
(i) at least 15 calendar days before such consent is given in
the case of a transfer to a country which is a member of the North
Atlantic Treaty Organization or Australia, Japan, or New Zealand;
and
(ii) at least 30 calendar days before such consent is given in
the case of a transfer to any other country,
unless the President states in his certification that an emergency
exists which requires that consent to the proposed transfer become
effective immediately in the national security interests of the United
States. If the President states in his certification that such an
emergency exists (thus waiving the requirements of clause (i) or (ii),
as the case may be, and of subparagraph (B)) the President shall set
forth in the certification a detailed justification for his
determination, including a description of the emergency circumstances
which necessitate that consent to the proposed transfer become effective
immediately and a discussion of the national security interests
involved.
(B) Consent to a transfer subject to subparagraph (A) shall become
effective after the end of the 15-day or 30-day period specified in
subparagraph (A)(i) or (ii), as the case may be, only if the Congress
does not enact, within that period, a joint resolution prohibiting the
proposed transfer.
(C)(i) Any joint resolution under this paragraph shall be considered
in the Senate in accordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export Control Act of 1976.
(ii) For the purpose of expediting the consideration and enactment
of joint resolutions under this paragraph, a motion to proceed to the
consideration of any such joint resolution after it has been reported by
the appropriate committee shall be treated as highly privileged in the
House of Representatives.
(4) This subsection shall not apply--
(A) to transfers of maintenance, repair, or overhaul defense
services, or of the repair parts or other defense articles used in
furnishing such services, if the transfer will not result in any
increase, relative to the original specifications, in the military
capability of the defense articles and services to be maintained,
repaired, or overhauled;
(B) to temporary transfers of defense articles for the sole
purpose of receiving maintenance, repair, or overhaul; or
(C) to arrangements among members of the North Atlantic Treaty
Organization or between the North Atlantic Treaty Organization and
any of its member countries--
(i) for cooperative cross servicing, or
(ii) for lead-nation procurement if the certification
transmitted to the Congress pursuant to section 2776(b) of this
title with regard to such lead-nation procurement identified the
transferees on whose behalf the lead-nation procurement was
proposed.
(5) In the case of a transfer to a member country of the North
Atlantic Treaty Organization (NATO) or Australia, Japan, or New Zealand
that does not authorize a new sales territory that includes any country
other than such countries, the limitations on consent of the President
set forth in paragraphs (1) and (3)(A) shall apply only if the transfer
is--
(A) a transfer of major defense equipment valued (in terms of
its original acquisition cost) at $25,000,000 or more; or
(B) a transfer of defense articles or defense services valued
(in terms of its original acquisition cost) at $100,000,000 or
more).\1\
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\1\ So in original. The closing parenthesis probably should not
appear.
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(e) Transfers without consent of President; report to Congress
If the President receives any information that a transfer of any
defense article, or related training or other defense service, has been
made without his consent as required under this section or under section
2314 of this title, he shall report such information immediately to the
Speaker of the House of Representatives and the Committee on Foreign
Relations of the Senate.
(f) Sales and leases to countries in breach of nuclear nonproliferation
agreements and treaties
No sales or leases shall be made to any country that the President
has determined is in material breach of its binding commitments to the
United States under international treaties or agreements concerning the
nonproliferation of nuclear explosive devices (as defined in section
6305(4) of this title) and unsafeguarded special nuclear material (as
defined in section 6305(8) of this title).
(g) Unauthorized use of articles
Any agreement for the sale or lease of any article on the United
States Munitions List entered into by the United States Government after
November 29, 1999, shall state that the United States Government retains
the right to verify credible reports that such article has been used for
a purpose not authorized under section 2754 of this title or, if such
agreement provides that such article may only be used for purposes more
limited than those authorized under section 2754 of this title, for a
purpose not authorized under such agreement.
(Pub. L. 90-629, ch. 1, Sec. 3, Oct. 22, 1968, 82 Stat. 1322; Pub. L.
91-672, Sec. 1, Jan. 12, 1971, 84 Stat. 2053; Pub. L. 93-189,
Sec. 25(2), Dec. 17, 1973, 87 Stat. 729; Pub. L. 93-559, Sec. 45(a)(1),
Dec. 30, 1974, 88 Stat. 1813; Pub. L. 94-329, title II, Secs. 203(a),
204(a), (b)(1), title III, Sec. 304(b), June 30, 1976, 90 Stat. 735,
736, 754, 755; Pub. L. 95-92, Secs. 15-18, Aug. 4, 1977, 91 Stat. 622;
Pub. L. 96-92, Sec. 11, Oct. 29, 1979, 93 Stat. 705; Pub. L. 96-533,
title I, Sec. 101, Dec. 16, 1980, 94 Stat. 3131; Pub. L. 97-113, title
I, Secs. 101(a), 102(a), 109(b)(2), Dec. 29, 1981, 95 Stat. 1519, 1520,
1526; Pub. L. 99-83, title I, Sec. 115(b)(2), title V, Sec. 503(b), Aug.
8, 1985, 99 Stat. 201, 221; Pub. L. 99-145, title XI, Sec. 1102(a)(3),
(5), Nov. 8, 1985, 99 Stat. 710; Pub. L. 99-247, Sec. 1(a), Feb. 12,
1986, 100 Stat. 9; Pub. L. 99-661, div. A, title XIII, Sec. 1342(e),
Nov. 14, 1986, 100 Stat. 3991; Pub. L. 100-461, title V, Sec. 577, Oct.
1, 1988, 102 Stat. 2268-45; Pub. L. 101-222, Sec. 2(b), Dec. 12, 1989,
103 Stat. 1896; Pub. L. 103-236, title VIII, Sec. 822(a)(1), Apr. 30,
1994, 108 Stat. 511; Pub. L. 104-164, title I, Secs. 141(a), (b), 142,
July 21, 1996, 110 Stat. 1430, 1431, 1433; Pub. L. 106-113, div. B,
Sec. 1000(a)(7) [div. B, title XII, Sec. 1225], Nov. 29, 1999, 113 Stat.
1536, 1501A-499; Pub. L. 107-228, div. B, title XIV, Sec. 1405(a)(1),
Sept. 30, 2002, 116 Stat. 1456.)
References in Text
Section 601(b) of the International Security Assistance and Arms
Export Control Act of 1976, referred to in subsec. (d)(2)(D)(i),
(3)(C)(i), is section 601(b) of Pub. L. 94-329, June 30, 1976, 90 Stat.
729, which made provision for expedited procedures in the Senate, and is
not classified to the Code.
Amendments
2002--Subsec. (d)(1), (3)(A). Pub. L. 107-228, Sec. 1405(a)(1)(A),
substituted ``Subject to paragraph (5), the President may not'' for
``The President may not'' in introductory provisions.
Subsec. (d)(5). Pub. L. 107-228, Sec. 1405(a)(1)(B), added par. (5).
1999--Subsec. (g). Pub. L. 106-113 added subsec. (g).
1996--Subsec. (b). Pub. L. 104-164, Sec. 142, added subsec. (b).
Subsec. (d)(2)(A). Pub. L. 104-164, Sec. 141(a)(1), struck out ``,
as provided for in sections 2776(b)(2) and 2776(b)(3) of this title''
after ``joint resolution''.
Subsec. (d)(2)(B). Pub. L. 104-164, Sec. 141(a)(2), substituted
``joint resolution prohibiting the proposed transfer'' for ``law
prohibiting the proposed transfer''.
Subsec. (d)(2)(C), (D). Pub. L. 104-164, Sec. 141(a)(3), added
subpars. (C) and (D).
Subsec. (d)(3)(A). Pub. L. 104-164, Sec. 141(b), designated existing
provisions as subpar. (A), struck out ``at least 30 calendar days''
before ``before giving such consent the President'', substituted ``a
certification'' for ``a report'' after ``Committee on Foreign Relations
of the Senate'', and substituted ``Such certification shall be
submitted--
``(i) at least 15 calendar days before such consent is given in
the case of a transfer to a country which is a member of the North
Atlantic Treaty Organization or Australia, Japan, or New Zealand;
and
``(ii) at least 30 calendar days before such consent is given in
the case of a transfer to any other country,
unless the President states in his certification that an emergency
exists which requires that consent to the proposed transfer become
effective immediately in the national security interests of the United
States. If the President states in his certification that such an
emergency exists (thus waiving the requirements of clause (i) or (ii),
as the case may be, and of subparagraph (B)) the President shall set
forth in the certification a detailed justification for his
determination, including a description of the emergency circumstances
which necessitate that consent to the proposed transfer become effective
immediately and a discussion of the national security interests
involved.'' for ``Such consent shall become effective then only if the
Congress does not enact, within a 30-day period, a joint resolution, as
provided for in sections 2776(c)(2) and 2776(c)(3) of this title
prohibiting the proposed transfer.''
Subsec. (d)(3)(B), (C). Pub. L. 104-164, Sec. 141(b)(3), added
subpars. (B) and (C).
1994--Subsec. (f). Pub. L. 103-236 added subsec. (f).
1989--Subsec. (f). Pub. L. 101-222 struck out subsec. (f) which
directed termination of sales under this chapter to countries granting
sanctuary to international terrorists. See section 2780 of this title.
1988--Subsec. (d)(2)(A). Pub. L. 100-461, Sec. 577(1), substituted
``joint resolution, as provided for in sections 2776(b)(2) and
2776(b)(3) of this title'' for ``law''.
Subsec. (d)(3). Pub. L. 100-461, Sec. 577(2), inserted at end ``Such
consent shall become effective then only if the Congress does not enact,
within a 30-day period, a joint resolution, as provided for in sections
2776(c)(2) and 2776(c)(3) of this title prohibiting the proposed
transfer.''
1986--Subsec. (a). Pub. L. 99-661 repealed section 1102(a)(3) 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 Amendments note below.
Subsec. (d)(2)(A). Pub. L. 99-247, Sec. 1(a)(1), substituted
``enact, within such 30-day period, a law prohibiting'' for ``adopt,
within such 30-day period, a concurrent resolution disapproving''.
Subsec. (d)(2)(B). Pub. L. 99-247, Sec. 1(a)(2), substituted
``enact, within such fifteen-day period, a law prohibiting'' for
``adopt, within such fifteen-day period, a concurrent resolution
disapproving''.
1985--Subsec. (a). Pub. L. 99-83, Sec. 115(b)(2), in introductory
text and in par. (2) inserted provisions relating to cooperative
projects, and in par. (3) inserted ``or service'' after ``such article''
in two places.
Pub. L. 99-145, Sec. 1102(a)(3), which enacted amendments similar to
those provided in Pub. L. 99-83, Sec. 115(b)(2), was repealed. See 1986
Amendments note above and former section 1105(a)(5) of Pub. L. 99-145
set out as a Repeals; Effective Date note under section 2752 of this
title.
Subsec. (f). Pub. L. 99-83, Sec. 503(b), struck out ``, credits, and
guaranties'' and ``, credits, or guaranties'' wherever appearing in
pars. (1) and (2).
1981--Subsec. (a). Pub. L. 97-113, Sec. 109(b)(2), substituted in
introductory text ``sold or leased'' for ``sold'', and in par. (4)
``purchase or lease'' for ``purchase''.
Subsec. (d)(1). Pub. L. 97-113, Sec. 101(a)(1), substituted in
introductory text ``, or under section 2314(a)(1) or 2314(a)(4) of this
title, to a transfer of any major defense equipment valued (in terms of
its original acquisition cost) at $14,000,000 or more, or any defense
article or related training or other defense service valued (in terms of
its original acquisition cost) at $50,000,000 or more,'' for ``to a
transfer of a defense article, or related training or other defense
service, sold under this chapter and may not give his consent to such a
transfer under section 2314(a)(1) or (a)(4) of this title'', in subpar.
(B) ``a description of the article or service proposed to be
transferred, including its acquisition cost'' for ``a description of the
defense article or related training or other defense service proposed to
be transferred, including the original acquisition cost of such defense
article or related training or other defense service'', in subpar. (C)
``article or service'' for ``defense article or related training or
other defense service'', and in provision following subpar. (E)
``articles or services'' for ``defense articles, or related training or
other defense services,''.
Subsec. (d)(2). Pub. L. 97-113, Sec. 102(a), designated existing
provisions as subpar. (A), substituted ``Except as provided in
subparagraph (B), unless'' for ``Unless'', and added subpar. (B).
Subsec. (d)(3). Pub. L. 97-113, Sec. 101(a)(2), substituted
``transfer of any major defense equipment valued (in terms of its
original acquisition cost) at $14,000,000 or more, or of any defense
article or defense service valued (in terms of its original acquisition
cost) at $50,000,000 or more'' for ``transfer to a third country of a
defense article or a defense service valued (in terms of its original
acquisition costs) at $25,000,000 or more, or of major defense equipment
valued (in terms of its original acquisition costs) at $7,000,000 or
more''.
Subsec. (d)(4). Pub. L. 97-113, Sec. 101(a)(3), struck out subpar.
(D), which provided that subsec. (d) of this section not apply to
transfers to the North Atlantic Treaty Organization, any member country
of such organization, Japan, Australia, or New Zealand, of any major
defense equipment valued (in terms of its original acquisition cost) at
less than $7,000,000 or of any defense article or related training or
other defense service valued (in terms of its original acquisition cost)
at less than $25,000,000.
1980--Subsec. (d)(1). Pub. L. 96-533, Sec. 101(a)(2)(A), substituted
``pursuant to this paragraph'' for ``pursuant to this subsection''.
Subsec. (d)(2). Pub. L. 96-533, Sec. 101(a)(2)(B), substituted
``paragraph (1) of this subsection'' for ``this subsection''.
Subsec. (d)(3). Pub. L. 96-533, Sec. 101(a)(1)(B), added par. (3).
Former par. (3) redesignated (4).
Subsec. (d)(4). Pub. L. 96-533, Sec. 101(a)(1)(A), (b), redesignated
former par. (3) as (4) and, in par (4) as so redesignated, added subpar.
(D).
1979--Subsec. (d)(3)(C). Pub. L. 96-92 made subsec. (d) of this
section inapplicable to arrangements between the North Atlantic Treaty
Organization and any of its member countries, incorporated existing text
in provisions designated cl. (i) and added cl. (ii).
1977--Subsec. (b). Pub. L. 95-92, Sec. 15, struck out subsec. (b)
which related to prohibitions on sales, etc., to countries seizing or
fining American fishing vessels for fishing in waters more than twelve
miles from their coastlines.
Subsec. (d). Pub. L. 95-92, Secs. 16, 17, redesignated existing
provisions as par. (1), struck out ``, 30 days prior to giving such
consent,'' before ``the President submits'', redesignated pars. (1) to
(5) as subpars. (A) to (E), respectively, and added pars. (2) and (3).
Subsec. (f). Pub. L. 95-92, Sec. 18, added subsec. (f).
1976--Subsec. (a). Pub. L. 94-329, Secs. 203(a), 204(b)(1), inserted
in par. (2) ``or related training or other defense service'' after
``article'' wherever appearing and struck out provisions following par.
(4) relating to the President's notification of his consent to transfer
war implements to another country, in writing, to the Speaker of the
House of Representatives and the Committee on Foreign Relations of the
Senate indicating his justification for the transfer and the particular
war implement transferred.
Subsec. (c). Pub. L. 94-329, Sec. 304(b)(1), provided that the
President, by so stating in writing to Congress, or Congress, by joint
resolution, terminate credits, guaranties or sales upon determining a
violation, permitted cash sales and deliveries pursuant to previous
sales to be made if the President certifies in writing to Congress that
termination thereof would be adverse to national security unless
Congress adopts or has adopted a joint resolution determining such
eligibility, and specified conditions for reinstatement of eligibility.
Subsec. (d). Pub. L. 94-329, Secs. 204(a), 304(b)(2), added subsec.
(d). Former subsec. (d), which related to conditions for reinstatement
after a determination of ineligibility, was repealed and is now covered
by subsec. (c).
Subsec. (e). Pub. L. 94-329, Secs. 204(a), 304(b)(2), added subsec.
(e).
1974--Subsec. (d). Pub. L. 93-559 struck out first sentence
provision respecting furnishing of sophisticated weapons to countries in
violation of agreements pursuant to subsec. (a)(2) of this section,
section 2314(a) of this title, or other similar provisions and
substituted ``in accordance with subsection (c) of this section'' for
``in accordance with this subsection''.
1973--Subsec. (a). Pub. L. 93-189, Sec. 25(2)(A)-(C), in par. (2)
inserted requirement not to use or permit the use of such articles for
purposes other than those for which furnished, redesignated former par.
(3) as (4), added a new par. (3), and following par. (4), as so
redesignated, inserted provisions relating to Presidential consideration
of requests prior to consent under par. (2).
Subsecs. (c), (d). Pub. L. 93-189, Sec. 25(2)(D), added subsecs. (c)
and (d).
1971--Subsec. (b). Pub. L. 91-672 extended the retaliatory measures
against countries seizing, taking custody or fining American vessels for
fishing outside of twelve miles of their coast, to sales, credits,
guaranties, and laid down a period of one year as the extent of such
prohibition, and added assurances of future restraint received from such
countries as an additional ground for waiver, and provided exception
that the prohibition will not apply in cases governed by international
agreements to which the United States is a party.
Effective Date of 1996 Amendment
Section 141(f) of Pub. L. 104-164 provided that: ``The amendments
made by this section [amending this section and sections 2776, 2796a,
and 2796b of this title] apply with respect to certifications required
to be submitted on or after the date of the enactment of this Act [July
21, 1996].''
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-236 effective 60 days after Apr. 30, 1994,
see section 831 of Pub. L. 103-236, set out as an Effective Date note
under section 6301 of this title.
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 section 2151-1 of this title.
Effective Date of 1976 Amendment
Section 203(a) of Pub. L. 94-329 provided that the amendment made by
that section is effective July 1, 1976.
Delegation of Functions
Functions of President under this section, except subsecs. (a)(1),
(b), (c)(3), (4), and (f), delegated to Secretary of State, with
Secretary authorized to make certain findings under subsec. (a)(1) in
implementing functions delegated under subsecs. (a) and (d), by section
1(a) of Ex. Ord. No. 11958, Jan. 18, 1977, 42 F.R. 4311, as amended, set
out as a note under section 2751 of this title.
Reporting Requirements
Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 594], Oct. 21,
1998, 112 Stat. 2681-150, 2681-215, as amended by Pub. L. 106-31, title
V, Sec. 5002(c)-(e), May 21, 1999, 113 Stat. 109, provided that:
``(a) Notification.--No less than 15 days prior to the export to any
country identified pursuant to subparagraph (c) of any lethal defense
article or service in the amount of $14,000,000 or less, the President
shall provide a detailed notification to the Committees on
Appropriations and Foreign Relations of the Senate and the Committees on
Appropriations and International Relations of the House of
Representatives.
``(b) Content of Notification.--A detailed notification transmitted
pursuant to subsection (a) shall include the same type and quantity of
information required of a notification submitted pursuant to section
36(b) of the Arms Export Control Act (22 U.S.C. 2776(b)).
``(c) Countries Defined.--This section shall apply to any country
that is--
``(1) identified in section 520 of this Act [Pub. L. 105-277,
112 Stat. 2681-176], or a comparable provision in a subsequent
appropriations Act; or
``(2) currently ineligible, in whole or in part, under an annual
appropriations Act to receive funds for International Military
Education and Training or under the Foreign Military Financing
Program, excluding high-income countries as defined pursuant to
section 546(b) of the Foreign Assistance Act of 1961 [22 U.S.C.
2347e(b)].
``(d) Exclusions.--Information reportable under title V of the
National Security Act of 1947 [50 U.S.C. 413 et seq.] is excluded from
the requirements of this section.''
[For delegation of functions of President under section 101(d)
[title V, Sec. 594] of div. A of Pub. L. 105-277, 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.]
Eligibility of Baltic States for Nonlethal Defense Articles
Pub. L. 102-511, title IX, Sec. 906, Oct. 24, 1992, 106 Stat. 3356,
provided that:
``(a) Eligibility.--Estonia, Latvia, and Lithuania shall each be
eligible--
``(1) to purchase, or to receive financing for the purchase of,
nonlethal defense articles--
``(A) under the Arms Export Control Act (22 U.S.C. 2751 et
seq.), without regard to section 3(a)(1) of that Act [22 U.S.C.
2753(a)(1)], or
``(B) under section 503 of the Foreign Assistance Act of
1961 (22 U.S.C. 2311), without regard to the requirement in
subsection (a) of that section for a Presidential finding; and
``(2) to receive nonlethal excess defense articles transferred
under section 519 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321m), without regard to the restrictions in subsection (a) of that
section.
``(b) Definitions.--As used in this section--
``(1) the term `defense article' has the same meaning given to
that term in section 47(3) of the Arms Export Control Act (22 U.S.C.
2794(3)); and
``(2) the term `excess defense article' has the same meaning
given to that term in section 644(g) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2403(g)).''
Section Referred to in Other Sections
This section is referred to in sections 2765, 2776, 2780, 2799b,
3281 of this title; title 10 section 4542.
