§ 2751. — Need for international defense cooperation and military export controls; Presidential waiver; report to Congress; arms sales policy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2751]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 39--ARMS EXPORT CONTROL
SUBCHAPTER I--FOREIGN AND NATIONAL SECURITY POLICY OBJECTIVES AND
RESTRAINTS
Sec. 2751. Need for international defense cooperation and
military export controls; Presidential waiver; report to
Congress; arms sales policy
As declared by the Congress in the Arms Control and Disarmament Act
[22 U.S.C. 2551 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.
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 relationships 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 complexity of defense equipment, it is increasingly
difficult and uneconomic for any country, particularly a developing
country, to fill all of its legitimate defense requirements from its own
design and production base. The need for international 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 forces to act in concert to deter
or defeat aggression 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 objective of
applying agreed resources of each country to programs and projects of
cooperative exchange of data, research, development, production,
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 economies, in accordance
with the restraints and control measures specified herein and in
furtherance 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 appropriate, to
proper balance among such sales, grant military assistance, and economic
assistance as well as to the impact of the sales on programs 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 conflict 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
international organizations shall be administered in a manner which will
carry out this policy.
It is the sense of the Congress that the President should seek to
initiate multilateral discussions 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
armaments. It is further the sense of Congress that the President should
work actively with all nations 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 measures to limit conventional
arms transfers in the interest of international peace and stability.
It is the sense of the Congress that the aggregate value of defense
articles and defense services--
(1) which are sold under section 2761 or section 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, intelligence, 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 levels.
It is the sense of the Congress that the President maintain
adherence to a policy of restraint in conventional arms transfers and
that, in implementing this policy worldwide, a balanced approach should
be taken and full regard given to the security interests of the United
States in all regions of the world and that particular attention should
be paid to controlling the flow of conventional arms to the nations of
the developing world. To this end, the President is encouraged 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, Sec. 1, Oct. 22, 1968, 82 Stat. 1321; Pub. L.
91-672, Sec. 4, Jan. 12, 1971, 84 Stat. 2053; Pub. L. 93-189,
Sec. 25(1), Dec. 17, 1973, 87 Stat. 729; Pub. L. 94-329, title II,
Sec. 202, formerly Sec. 202(a), June 30, 1976, 90 Stat. 734, renumbered
and amended Pub. L. 95-384, Secs. 15(a), 29(c)(1)(A), Sept. 26, 1978, 92
Stat. 739, 747; Pub. L. 97-113, title VII, Sec. 734(a)(10), Dec. 29,
1981, 95 Stat. 1560.)
References in Text
The Arms Control and Disarmament Act, referred to in text, is Pub.
L. 87-297, Sept. 26, 1961, 75 Stat. 631, as amended, which is classified
generally to chapter 35 (Sec. 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, as amended, which
is classified principally to this chapter. For complete classification
of this Act to the Code, see Short Title note below and Tables.
The Foreign Assistance Act of 1961, as amended, referred to in text,
is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which is
classified principally to chapter 32 (Sec. 2151 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 2151 of this title and Tables.
References to Foreign Military Sales Act Deemed Reference to
Arms Export Control Act
Section 201(b) of Pub. L. 94-329 provided that: ``Any reference to
the Foreign Military 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 Provisions; Specific
Application of Other Provisions to This Chapter
Section 45(c) of Pub. L. 90-629 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 appropriate 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 services under any Act.''
Amendments
1981--Pub. L. 97-113 struck out paragraph which provided 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 denying 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 important to the security of the United States, and promptly so
reported to the Speaker of the House of Representatives and the
Committee on Foreign Relations in the Senate.
1978--Pub. L. 95-384, Sec. 15(a), inserted paragraph relating to
adherence to a policy of restraint in conventional arms transfer.
1976--Pub. L. 94-329 substituted in last paragraph provision
relating to a new statement of policy whereby the United States shall
exert leadership in the reduction of international trade in arms, and in
that regard, the President to initiate discussions and actively work
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 furnishing of defense articles and defense services to foreign
countries and international organizations by decreasing sales, credit
sales and guarantees of such articles 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 countries.
1971--Pub. L. 91-672 substituted ``denying the growth of fundamental
rights or social progress'' for ``denying social progress'' in last par.
Effective Date
Section 41 of Pub. L. 90-629 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 1999 Amendment
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, Sec. 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 classification] may be cited as the `Arms Control,
Nonproliferation, and Security Assistance Act of 1999'.''
Short Title of 1998 Amendment
Pub. L. 105-194, Sec. 1, July 14, 1998, 112 Stat. 627, provided
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, Sec. 1, Dec. 12, 1991, 105 Stat. 1691, provided
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 Implementation
Act of 1991'.''
Short Title
Pub. L. 90-629, as amended by section 201(a) of Pub. L. 94-329,
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'.''
Eligibility of Panama Under Arms Export Control Act
Pub. L. 104-164, title I, Sec. 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
specifically provided by law.''
Reports on Counterproliferation Activities and Programs
Pub. L. 103-337, div. A, title XV, Sec. 1503, Oct. 5, 1994, 108
Stat. 2916; Pub. L. 104-201, div. A, title XIII, Sec. 1309(d), Sept. 23,
1996, 110 Stat. 2710; Pub. L. 106-65, div. A, title XV, Sec. 1504(c),
Oct. 5, 1999, 113 Stat. 808; Pub. L. 107-314, div. A, title XII,
Sec. 1208(b), (c), Dec. 2, 2002, 116 Stat. 2668, provided that:
``(a) Annual Report Required.--Not later than May 1 each year, the
Secretary of Defense shall submit to Congress a report of the findings
of the Counterproliferation Program Review Committee established by
subsection (a) of the Review Committee charter.
``(b) Content of Report.--Each report under subsection (a) shall
include the following:
``(1) A complete list, by specific program element, of the
existing, planned, or newly proposed capabilities and technologies
reviewed by the Review Committee pursuant to subsection (c) of the
Review Committee 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 formulated by the Review Committee
for meeting requirements prescribed by the Review Committee and for
eliminating deficiencies identified by the Review Committee,
including the annual funding requirements 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
otherwise taken on the recommendations.
``(5) A discussion and assessment of the status of each Review
Committee recommendation during the fiscal year preceding the fiscal
year in which the report is submitted, including, particularly, the
status of recommendations 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, in the fiscal year
of the report.
``(6) Each specific Department of Energy program that the
Secretary of Energy plans to develop to initial operating capability
and each such program that the Secretary does not plan to develop to
initial operating capability.
``(7) For each technology program scheduled to reach initial
operational capability, a recommendation 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 impediments to the
biological weapons counterproliferation efforts of the Department of
Defense (including legal, policy, and resource constraints) and
recommendations for the removal or mitigation of such impediments
and for ways to make such efforts more effective.
``(c) Forms of Report.--Each such report shall be submitted in both
unclassified and classified forms, including an annex to the classified
report for special compartmented information programs, special access
programs, and special activities programs.
``(d) Review Committee Charter Defined.--For purposes of this
section, the term `Review Committee charter' means section 1605 of the
National Defense Authorization 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
Review Committee Charter ceases to exist.''
Arab League Boycott of Israel
Pub. L. 103-236, title V, Sec. 564, Apr. 30, 1994, 108 Stat. 484, as
amended by Pub. L. 103-415, Sec. 1(l), Oct. 25, 1994, 108 Stat. 4301,
provided that:
``(a) Prohibition.--No defense article or defense service may be
sold or leased by the United States Government 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 tertiary boycott of Israel, unless the President
determines, 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 respect to any country or
organization if the President determines, and reports to the
appropriate congressional committees, that--
``(A) such waiver is in the national interest of the United
States, and such waiver will promote the objectives of this
section to eliminate the Arab boycott; or
``(B) such waiver is in the national security interest of
the United States.
``(2) Extension of waiver.--If the President determines that the
further extension of a waiver will promote 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 committees' means the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs [now Committee on International Relations] 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 Export 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.]
[Certifications and determinations relating to suspension of
application by President under section 564 of Pub. L. 103-236, set out
above, were contained in the following:
[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, Secs. 1603, 1605, 1607, Nov. 30,
1993, 107 Stat. 1843, 1845, 1847, as amended by Pub. L. 103-337, div. A,
title XV, Secs. 1502, 1505(a), (b), Oct. 5, 1994, 108 Stat. 2914, 2919;
Pub. L. 104-106, div. A, title XV, Sec. 1504(b), Feb. 10, 1996, 110
Stat. 513; Pub. L. 104-201, div. A, title XIII, Sec. 1309(a)-(c), Sept.
23, 1996, 110 Stat. 2710; Pub. L. 106-65, div. A, title XV,
Sec. 1504(a), (b), Oct. 5, 1999, 113 Stat. 808; Pub. L. 107-314, div. A,
title XII, Sec. 1208(a), (d), Dec. 2, 2002, 116 Stat. 2668, provided
that:
``SEC. 1603. STUDIES RELATING TO UNITED STATES COUNTERPROLIFERATION
POLICY.
``(a) Authorization To Conduct Studies.--The Secretary 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 programs 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 proliferation involving weapons of
mass destruction;
``(2) cooperating in international programs to enhance military
capabilities to deter and respond to terrorism, theft, and
proliferation involving weapons of mass destruction; and
``(3) otherwise contributing to Department of Defense
capabilities to deter, identify, monitor, and respond to such
terrorism, theft, and proliferation involving weapons of mass
destruction.
``(c) Designation of Coordinator.--The Under Secretary of Defense
for Policy, subject to the supervision and control of the Secretary of
Defense, shall coordinate the policy studies and analysis of the
Department of Defense on countering proliferation of weapons of mass
destruction and their delivery systems.
``(d) Report.--Not later than April 30 of each year, the Secretary
of Defense shall submit to the appropriate congressional committees a
report on the activities carried out under subsection (a). Each report
shall set forth for the twelve-month period ending on the last day of
the month preceding the month in which the report is due the following:
``(1) A description of the studies and analysis carried out.
``(2) The amounts spent for such studies and analysis.
``(3) The organizations that conducted the studies and analysis.
``(4) An explanation of the extent to which such studies and
analysis contribute to the counterproliferation policy of the United
States and United States military capabilities to deter and respond
to terrorism, theft, and proliferation involving weapons of mass
destruction.
``(5) A description of the measures being taken to ensure that
such studies and analysis within the Department of Defense are
managed effectively and coordinated comprehensively.
``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 Central Intelligence.
``(D) The Chairman of the Joint Chiefs of Staff.
``(2) The Secretary of Defense shall chair the committee. The
Secretary of Energy shall serve as the Vice Chairman of the committee.
``(3) A member of the committee may designate a representative to
perform routinely the duties of the member. 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 representative of the
Chairman of the Joint Chiefs of Staff shall be a person in a grade
equivalent to that of Deputy Assistant Secretary of Defense.
``(4) The Secretary of Defense may delegate to the Under Secretary
of Defense for Acquisition, Technology, and Logisitics [sic] the
performance of the duties of the Chairman of the committee. The
Secretary of Energy may delegate to the Under Secretary of Energy
responsible for national security programs of the Department of Energy
the performance of the duties of the Vice Chairman of the committee.
``(5) The Assistant to the Secretary of Defense for Nuclear and
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 secretary.
``(b) Purposes of the Committee.--The purposes of the committee are
as follows:
``(1) To optimize funding for, and ensure the development and
deployment of--
``(A) highly effective technologies and capabilities for the
detection, monitoring, collection, processing, analysis, and
dissemination of information in support of United States
counterproliferation policy and efforts, including efforts to
stem the proliferation of weapons of mass destruction and to
negate paramilitary and terrorist threats involving weapons of
mass destruction; and
``(B) disabling technologies in support of such policy.
``(2) To identify and eliminate undesirable redundancies or
uncoordinated efforts in the development and deployment of such
technologies and capabilities.
``(3) To establish priorities for programs and funding.
``(4) To encourage and facilitate interagency and
interdepartmental funding of programs in order to ensure necessary
levels of funding to develop, operate, and field highly-capable
systems.
``(5) To ensure that Department of Energy programs are
integrated with the operational needs of other departments and
agencies of the Government.
``(6) To ensure that Department of Energy national security
programs include technology demonstrations and prototype development
of equipment.
``(c) Duties.--The committee shall--
``(1) identify and review existing and proposed capabilities and
technologies for support of United States nonproliferation policy
and counterproliferation policy 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 capabilities and technologies;
``(3) identify deficiencies in existing capabilities and
technologies;
``(4) formulate near-term, mid-term, and long-term programmatic
options for meeting requirements established by the committee and
eliminating deficiencies 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 recommendations 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 Department of State, the Department of Energy, the
intelligence community, and the Arms Control 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 departments and agencies of the
Government such programmatic 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, 2008.
``SEC. 1607. DEFINITIONS.
``For purposes of this subtitle [subtitle A, Secs. 1601-1607, of
title XVI of div. A of Pub. L. 103-160, amending section 5859a of this
title and enacting this note]:
``(1) The term `appropriate congressional committees' means--
``(A) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Foreign Relations, and the
Select Committee on Intelligence of the Senate; and
``(B) the Committee on Armed Services [now Committee on
National Security], the Committee on Appropriations, the
Committee on Foreign Affairs [now Committee on International
Relations], and the Permanent Select Committee on Intelligence
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).''
[For abolition, transfer of functions, and treatment of references
to United States Arms Control and Disarmament Agency, see section 6511
et seq. of this title.]
Restriction on Arms Sales to Saudi Arabia and Kuwait
Pub. L. 102-229, title I, Sec. 104, Dec. 12, 1991, 105 Stat. 1707,
provided that:
``(a) No funds appropriated or otherwise made available by this or
any other Act may be used in any fiscal year to conduct, support, or
administer any sale of defense articles or defense services to Saudi
Arabia or Kuwait until that country has paid in full, either in cash or
in mutually agreed in-kind contributions, the following commitments made
to the United States to support 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, including battle
tanks, armored combat vehicles, and artillery, included within the
Conventional Forces in Europe Treaty definition of `conventional
armaments and equipment limited by the Treaty', which may be transferred
to any other NATO country shall be subject to the notification
procedures stated in section 523 of Public 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, Sec. 1097, Dec. 5, 1991, 105 Stat.
1489, as amended by Pub. L. 104-106, div. A, title XV, Secs. 1502(c)(3),
1504(d), Feb. 10, 1996, 110 Stat. 507, 514; Pub. L. 106-65, div. A,
title X, Sec. 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 repeal
by Pub. L. 107-228, div. B, title XIII, Sec. 1308(g)(1)(A), Sept. 30,
2002, 116 Stat. 1441.
Conventional Arms Transfers
Pub. L. 99-83, title I, Sec. 129, Aug. 8, 1985, 99 Stat. 206,
directed President, at the earliest possible date, in consultation with
United States allies, to initiate discussions with the Soviet Union and
France aimed at beginning multilateral negotiations to limit and control
the transfer of conventional arms to less developed countries, 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 requirements
and which examines and analyzes, among specified matters, United States
policies concerning the export of conventional arms, especially
sophisticated 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
Section 734(c) of Pub. L. 97-113 provided that: ``Except as
otherwise explicitly provided by their terms, amendments to the Foreign
Assistance 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
Section 15(b) of Pub. L. 95-384 directed President, not later than
Dec. 31, 1979, to transmit to Congress a detailed report assessing
results and commenting on implications of multilateral discussion
referred to in paragraph added to this section by section 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, Sec. 734(a)(12), Dec. 29, 1981, 95 Stat. 1560.
Report by President on Review of Arms Sales Controls on Non-Lethal Items
Section 25 of Pub. L. 95-384 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, Sec. 27,
Aug. 4, 1977, 91 Stat. 626, set out below, prior to repeal by Pub. L.
97-113, title VII, Sec. 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, Sec. 23, Aug. 4, 1977, 91 Stat. 624, set forth
provisions respecting Presidential report on impact of United States
foreign arms sales and transfers on defense readiness and national
security, prior to repeal by Pub. L. 95-384, Sec. 29(c)(2)(B), Sept. 26,
1978, 92 Stat. 747.
Study by President of National Security and Military Implications of
International Transfers of Technology; Scope of Study; Utilization of
Executive Departments and Agencies
Pub. L. 95-92, Sec. 24, Aug. 4, 1977, 91 Stat. 624, as amended by
Pub. L. 97-113, title VII, Sec. 734(a)(13), Dec. 29, 1981, 95 Stat.
1560, directed President to conduct a comprehensive 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 and practices
should be changed, with President to utilize resources and expertise of
Arms Control and Disarmament 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, Sec. 26, Aug. 4, 1977, 91 Stat. 625, provided that:
``In accordance with the historic special relationship between the
United States and Israel and previous agreements and continuing
understandings, the Congress joins with the President in reaffirming
that a policy of restraint in United States arms transfers, including
arms sales ceilings, shall not impair Israel's deterrent 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, Sec. 27, Aug. 4, 1977, 91 Stat. 626, directed
President to undertake a review of all regulations relating to arms
control for the purpose of defining and categorizing lethal and non-
lethal products and establishing the appropriate level of control for
each category.
Study of United States Arms Sales Policies and Practices by President;
Report to Congress
Section 202(b) of Pub. L. 94-329 set forth provisions respecting
study and report to Congress of United States arms sales policies and
practices, prior to repeal by Pub. L. 95-384, Sec. 29(c)(1)(A), Sept.
26, 1978, 92 Stat. 747.
Presidential Report Regarding Sales of Excess Defense Articles to
Foreign Governments and International Organizations
Section 217 of Pub. L. 94-329 set forth provisions respecting report
by the President of all sales under this chapter of excess defense
articles to foreign governments and international organizations, prior
to repeal by Pub. L. 95-384, Sec. 29(c)(1)(B), Sept. 26, 1978, 92 Stat.
747.
Study by Secretaries of State and Defense on Consequences of Enactment
of Arms Export Control Provisions
Section 218 of Pub. L. 94-329 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, Sec. 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
Section 506(b) of Pub. L. 94-329 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, Sec. 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 military or civilian personnel for the Department of
Defense for the purposes of this Act, the Foreign Assistance Act of 1961
[section 2151 et seq. of this title], or the Arms Export Control Act
[this chapter]. Personnel levels authorized in statutes authorizing
appropriations for military and civilian personnel of the Department of
Defense shall be controlling over all military and civilian 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
Section 5 of Pub. L. 91-672 provided that: ``It is the sense of
Congress that (1) the President should continue to press forward
urgently with his 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 his position that arms will be made
available and credits provided to Israel and other friendly states, to
the extent that the President determines such assistance to be needed in
order to meet threats to the security and independence of such states,
and (3) if the authorization provided in the Foreign Military Sales Act,
as amended [this chapter], should prove to be insufficient to effectuate
this stated policy, the President should promptly submit to the Congress
requests for an appropriate supplementary authorization and
appropriation.''
Review of Military Aid Programs and Efforts for Regulation of
Conventional Arms Trade
Section 6 of Pub. L. 91-672 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 operations 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 Republics, 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 conventional 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 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 this chapter, was revoked by Ex. Ord. No. 11958, Jan.
18, 1977, 42 F.R. 4311, set out below.
Ex. Ord. No. 11958. Administration of Chapter
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, Sec. 7, Dec.
14, 1990, 55 F.R. 52035; Ex. Ord. No. 13030, Sec. 2, Dec. 12, 1996, 61
F.R. 66187; Ex. Ord. No. 13091, Sec. 1, June 29, 1998, 63 F.R. 36153;
Ex. Ord. No. 13118, Sec. 10(8), Mar. 31, 1999, 64 F.R. 16598; Ex. Ord.
No. 13284, Sec. 13, Jan. 23, 2003, 68 F.R. 4076, provided:
By virtue of the authority vested in me by the Constitution and
statutes of the United States of America, including the Arms Export
Control Act, as amended (22 U.S.C. 2751 et seq.), and Section 301 of
Title 3 of the United States Code, and as President of the United States
of America, it is hereby ordered as follows:
Section 1. Delegation of Functions. The following functions
conferred upon the President by the Arms Export Control Act (22 U.S.C.
2751 et seq.), hereinafter referred to as the Act, and related
legislation, 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) to the
Secretary of State: Provided, That the Secretary of State, in the
implementation of the functions delegated to him under Sections 3(a) and
(d) of the Act, 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, 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 Secretary 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), (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, 2770a] to the Secretary of Defense.
(e) Those under Section 23 of the Act [22 U.S.C. 2763] and section
571 of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990 (Public Law 101-167) [22 U.S.C. 2763 note], to
the Secretary of Defense, to be exercised in consultation with the
Secretary of State and the Secretary of the Treasury, except that the
President shall determine any rate of interest to be charged which is
less than the market rate of interest.
(f) Those under Sections 24, 27, and 28 of the Act [22 U.S.C. 2764,
2767, former 2768] to the Secretary of Defense. The Secretary of
Defense, in implementing the functions delegated to him under Sections
24 and 27 [22 U.S.C. 2764, 2767], shall consult with the Secretary of
State and the Secretary of the Treasury.
(g) Those under Section 25 of the Act [22 U.S.C. 2765] to the
Secretary of State. The Secretary of Defense and the Director of the
Arms Control and Disarmament Agency, within their respective areas of
responsibility, 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 and 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), (b)(1)], except with respect to the certification of an
emergency as provided by subsection (b)(1), to the Secretary of Defense.
The Secretary of Defense, in the implementation of the functions
delegated to him under Sections 36(a) and (b)(1) shall consult with the
Secretary of State, who shall, with respect to matters related to
subparagraphs (D) and (I) of Section 36(b)(1), consult with the Director
of the Arms Control and Disarmament Agency. With respect to those
functions under Sections 36(a)(5) and (6), the Secretary of Defense
shall consult with the Director of the Office of Management and Budget.
(k) Those under Sections 36(c) and (d) of the Act [22 U.S.C.
2776(c), (d)] to the Secretary of State. Those under Section 36(e) of
the Act, as added by Public Law 104-164 with respect to transmittals
pursuant to Section 36(b) to the Secretary of Defense, and with respect
to transmittals pursuant to Section 36(c), to the Secretary of State.
(l) Those under Section 38 of the Act [22 U.S.C. 2778]:
(1) to the Secretary of State, except as otherwise provided in this
subsection. Designations, including changes in designations, by the
Secretary of State of items or categories of items which shall be
considered as defense articles and defense services subject to export
control under Section 38 shall have the concurrence of the Secretary of
Defense. The authority to undertake activities to ensure compliance with
established export conditions may be redelegated to the Secretary of
Defense, or to the head of another department or agency as appropriate,
which shall exercise such functions in consultation with the Secretary
of State;
(2) to the Attorney General, to the extent they relate to the
control of the 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 categories of items which shall be considered as defense
articles and defense services subject to import control under Section 38
of the Act [22 U.S.C. 2778] shall have the concurrence of the Secretary
of State and the Secretary of Defense;
(3) to the Secretary of Commerce, to carry out on behalf of the
Secretary of State, to the extent such functions involve Section 38(e)
of the Act [22 U.S.C. 2778(e)] and are agreed to by the Secretary of
State and the Secretary of Commerce.
(m) 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 interference in the application of Department of Defense
regulations to sales made under Section 22 of the Act [22 U.S.C. 2762].
(n) Those under Section 40A of the Act [22 U.S.C. 2785], as added by
Public Law 104-164, to the Secretary of State insofar as they relate to
commercial exports 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.
(o) Those under Section 40A of the Act [22 U.S.C. 2781], as added by
the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law
104-132), to the Secretary of State.
(p) Those under Sections 42(c) and (f) of the Act [22 U.S.C.
2791(c), (f)] to the Secretary of Defense. The Secretary of Defense
shall obtain the concurrence of the Secretary of State and the Secretary
of the Treasury on any determination proposed under the authority of
Section 42(c) of the Act [22 U.S.C. 2791(c)].
(q) Those under Sections 52(b) and 53 of the Act [22 U.S.C.
2795a(b), former 2795b] to the Secretary of Defense.
(r) Those under Sections 61 and 62(a) of the Act [22 U.S.C. 2796,
2796a(a)] to the Secretary of Defense.
(s) Those under Section 2(b)(6) of the Export-Import Bank Act of
1945 (12 U.S.C. 635(b)(6)) to the Secretary of State.
(t) Those under Section 588(b) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1989 (Public Law
100-461) [Oct. 1, 1988, 102 Stat. 2268-51], to the Secretary of Defense,
except with respect to the determination of an emergency as provided by
subsection (b)(3). The Secretary of Defense in implementation of the
functions delegated to him under section 588(b) shall consult with 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 consult with each other and with the heads of other
departments and agencies, including the Secretary of the Treasury, the
Attorney General, and the Chairman of the Export-Import Bank, on matters
pertaining to their responsibilities.
(b) In accordance with Section 2(b) of the Act [22 U.S.C. 2752(b)]
and under the directions of the President, 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 but not limited to, the
negotiation, conclusion, and termination of international agreements,
and determining whether there shall be a sale to a country and the
amount thereof, and whether there shall be delivery or other performance
under such sale or export, to the end that sales and exports are
integrated with other United States activities and the foreign policy of
the United States is best served thereby.
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 No. 11501, as amended, is
revoked; except that, to the extent consistent with this Order, all
determinations, authorizations, regulations, rulings, certificates,
orders, directives, contracts, agreements, and other actions made,
issued, taken or entered into under the provisions of Executive Order
No. 11501, as amended, and not revoked, superseded or otherwise made
inapplicable, shall continue in full force and effect until amended,
modified or terminated by appropriate authority.
[For abolition, transfer of functions, and treatment of references
to United States Arms Control and Disarmament Agency, see section 6511
et seq. of this title.]
