§ 2779. — Fees of military sales agents.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2779]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 39--ARMS EXPORT CONTROL
SUBCHAPTER III--MILITARY EXPORT CONTROLS
Sec. 2779. Fees of military sales agents
(a) Adequate and timely reports to Secretary of State; maintenance of
records
In accordance with such regulations as he may prescribe, the
Secretary of State shall require adequate and timely reporting on
political contributions, gifts, commissions and fees paid, or offered or
agreed to be paid, by any person in connection with--
(1) sales of defense articles or defense services under section
2762 of this title, or of design and construction services under
section 2769 of this title; or
(2) commercial sales of defense articles or defense services
licensed or approved under section 2778 of this title;
to or for the armed forces of a foreign country or international
organization in order to solicit, promote, or otherwise to secure the
conclusion of such sales. Such regulations shall specify the amounts and
the kinds of payments, offers, and agreements to be reported, and the
form and timing of reports, and shall require reports on the names of
sales agents and other persons receiving such payments. The Secretary of
State shall by regulation require such recordkeeping as he determines is
necessary.
(b) Presidential regulation
The President may, by regulation, prohibit, limit, or prescribe
conditions with respect to such contributions, gifts, commissions, and
fees as he determines will be in furtherance of the purposes of this
chapter.
(c) Allocation to contract; improper influence
No such contribution, gift, commission, or fee may be included, in
whole or in part, in the amount paid under any procurement contract
entered into under section 2762 or section 2769 of this title, unless
the amount thereof is reasonable, allocable to such contract, and not
made to a person who has solicited, promoted, or otherwise secured such
sale, or has held himself out as being able to do so, through improper
influence. For the purposes of this section, ``improper influence''
means influence, direct or indirect, which induces or attempts to induce
consideration or action by any employee or officer of a purchasing
foreign government or international organization with respect to such
purchase on any basis other than such consideration of merit as are
involved in comparable United States procurements.
(d) Availability of records to Congress and Federal agencies
(1) All information reported to the Secretary of State and all
records maintained by any person pursuant to regulations prescribed
under this section shall be available, upon request, to any standing
committee of the Congress or any subcommittee thereof and to any agency
of the United States Government authorized by law to have access to the
books and records of the person required to submit reports or to
maintain records under this section.
(2) Access by an agency of the United States Government to records
maintained under this section shall be on the same terms and conditions
which govern the access by such agency to the books and records of the
person concerned.
(Pub. L. 90-629, ch. 3, Sec. 39, as added Pub. L. 94-329, title VI,
Sec. 604(b), June 30, 1976, 90 Stat. 767; amended Pub. L. 96-533, title
I, Sec. 105(e)(2), Dec. 16, 1980, 94 Stat. 3135.)
Amendments
1980--Subsec. (a)(1). Pub. L. 96-533, Sec. 105(e)(2)(A), inserted
reference to sales of design and construction services under section
2769 of this title.
Subsec. (c). Pub. L. 96-533, Sec. 105(e)(2)(B), inserted reference
to section 2769 of this title.
Effective Date
Section effective 60 days after June 30, 1976, see section 604(c) of
Pub. L. 94-329, set out as note under section 2776 of this title.
Delegation of Functions
Functions of President under subsec. (b) of this section delegated
to Secretary of State, with Secretary of State required to consult with
Secretary of Defense to avoid interference in application of Department
of Defense regulations to sales made under section 2762 of this title,
by section 1(m) 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.
Section Referred to in Other Sections
This section is referred to in sections 2776, 2778 of this title.
