§ 2755. — Discrimination prohibited if based on race, religion, national origin, or sex.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2755]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 39--ARMS EXPORT CONTROL
SUBCHAPTER I--FOREIGN AND NATIONAL SECURITY POLICY OBJECTIVES AND
RESTRAINTS
Sec. 2755. Discrimination prohibited if based on race, religion,
national origin, or sex
(a) Congressional declaration of policy
It is the policy of the United States that no sales should be made,
and no credits (including participations in credits) or guaranties
extended to or for any foreign country, the laws, regulations, official
policies, or governmental practices of which prevent any United States
person (as defined in section 7701(a)(30) of title 26) from
participating in the furnishing of defense articles or defense services
under this chapter on the basis of race, religion, national origin, or
sex.
(b) Employment of personnel; required contractual provision
(1) No agency performing functions under this chapter shall, in
employing or assigning personnel to participate in the performance of
any such function, whether in the United States or abroad, take into
account the exclusionary policies or practices of any foreign government
where such policies or practices are based upon race, religion, national
origin, or sex.
(2) Each contract entered into by any such agency for the
performance of any function under this chapter shall contain a provision
to the effect that no person, partnership, corporation, or other entity
performing functions pursuant to such contract, shall, in employing or
assigning personnel to participate in the performance of any such
function, whether in the United States or abroad, take into account the
exclusionary policies or practices of any foreign government where such
policies or practices are based upon race, religion, national origin, or
sex.
(c) Report by President; contents
The President shall promptly transmit reports to the Speaker of the
House of Representatives and the chairman of the Committee on Foreign
Relations of the Senate concerning any instance in which any United
States person (as defined in section 7701(a)(30) of title 26) is
prevented by a foreign government on the basis of race, religion,
national origin, or sex, from participating in the performance of any
sale or licensed transaction under this chapter. Such reports shall
include (1) a description of the facts and circumstances of any such
discrimination, (2) the response thereto on the part of the United
States or any agency or employee thereof, and (3) the result of such
response, if any.
(d) Congressional request for information from President; information
required; 60 day period; failure to supply information;
termination or restriction of sale
(1) Upon the request of the Committee on Foreign Relations of the
Senate or the Committee on Foreign Affairs of the House of
Representatives, the President shall, within 60 days after receipt of
such request, transmit to both such committees a statement, prepared
with the assistance of the Secretary of State, with respect to the
country designated in such request, setting forth--
(A) all the available information about the exclusionary
policies or practices of the government of such country when such
policies or practices are based upon race, religion, national origin
or sex and prevent any such person from participating in the
performance of any sale or licensed transaction under this chapter;
(B) the response of the United States thereto and the results of
such response;
(C) whether, in the opinion of the President, notwithstanding
any such policies or practices--
(i) extraordinary circumstances exist which necessitate a
continuation of such sale or licensed transaction, and, if so, a
description of such circumstances and the extent to which such
sale or licensed transaction should be continued (subject to
such conditions as Congress may impose under this section), and
(ii) on all the facts it is in the national interest of the
United States to continue such sale or licensed transaction; and
(D) such other information as such committee may request.
(2) In the event a statement with respect to a sale or licensed
transaction is requested pursuant to paragraph (1) of this subsection
but is not transmitted in accordance therewith within 60 days after
receipt of such request, such sale or licensed transaction shall be
suspended unless and until such statement is transmitted.
(3)(A) In the event a statement with respect to a sale or licensed
transaction is transmitted under paragraph (1) of this subsection, the
Congress may at any time thereafter adopt a joint resolution terminating
or restricting such sale or licensed transaction.
(B) Any such resolution 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.
(C) The term ``certification'', as used in section 601 of such Act,
means, for the purposes of this paragraph, a statement transmitted under
paragraph (1) of this subsection.
(Pub. L. 90-629, ch. 1, Sec. 5, as added Pub. L. 94-329, title III,
Sec. 302(b), June 30, 1976, 90 Stat. 752; amended Pub. L. 95-105, title
I, Sec. 109(a)(5), Aug. 17, 1977, 91 Stat. 846; Pub. L. 99-514, Sec. 2,
Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103-236, title I, Sec. 162(f),
Apr. 30, 1994, 108 Stat. 405; Pub. L. 103-437, Sec. 9(a)(7), Nov. 2,
1994, 108 Stat. 4588.)
References in Text
Section 601(b) of the International Security Assistance and Arms
Export Control Act of 1976, referred to in subsec. (d)(3)(B), (C), 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 was not
classified to the Code.
Amendments
1994--Subsec. (d)(1). Pub. L. 103-437 substituted ``Foreign
Affairs'' for ``International Relations'' in introductory provisions.
Pub. L. 103-236 substituted ``Secretary of State'' for ``Assistant
Secretary of State for Human Rights and Humanitarian Affairs'' in
introductory provisions.
1986--Subsecs. (a), (c). Pub. L. 99-514 substituted ``Internal
Revenue Code of 1986'' for ``Internal Revenue Code of 1954'', which for
purposes of codification was translated as ``title 26'' thus requiring
no change in text.
1977--Subsec. (d)(1). Pub. L. 95-105 substituted ``Assistant
Secretary of State'' for ``Coordinator'' in introductory provisions.
Change of Name
Committee on Foreign Affairs of House of Representatives treated as
referring to Committee on International Relations of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-236 applicable with respect to officials,
offices, and bureaus of Department of State when executive orders,
regulations, or departmental directives implementing the amendments by
sections 161 and 162 of Pub. L. 103-236 become effective, or 90 days
after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub.
L. 103-236, as amended, set out as a note under section 2651a of this
title.
Delegation of Functions
Functions of President under this section delegated to Secretary of
State by section 1(b) 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.
