§ 2780. — Transactions with countries supporting acts of international terrorism.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2780]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 39--ARMS EXPORT CONTROL
SUBCHAPTER III--MILITARY EXPORT CONTROLS
Sec. 2780. Transactions with countries supporting acts of
international terrorism
(a) Prohibited transactions by United States Government
The following transactions by the United States Government are
prohibited:
(1) Exporting or otherwise providing (by sale, lease or loan,
grant, or other means), directly or indirectly, any munitions item
to a country described in subsection (d) of this section under the
authority of this chapter, the Foreign Assistance Act of 1961 [22
U.S.C. 2151 et seq.], or any other law (except as provided in
subsection (h) of this section). In implementing this paragraph, the
United States Government--
(A) shall suspend delivery to such country of any such item
pursuant to any such transaction which has not been completed at
the time the Secretary of State makes the determination
described in subsection (d) of this section, and
(B) shall terminate any lease or loan to such country of any
such item which is in effect at the time the Secretary of State
makes that determination.
(2) Providing credits, guarantees, or other financial assistance
under the authority of this chapter, the Foreign Assistance Act of
1961 [22 U.S.C. 2151 et seq.], or any other law (except as provided
in subsection (h) of this section), with respect to the acquisition
of any munitions item by a country described in subsection (d) of
this section. In implementing this paragraph, the United States
Government shall suspend expenditures pursuant to any such
assistance obligated before the Secretary of State makes the
determination described in subsection (d) of this section. The
President may authorize expenditures otherwise required to be
suspended pursuant to the preceding sentence if the President has
determined, and reported to the Congress, that suspension of those
expenditures causes undue financial hardship to a supplier, shipper,
or similar person and allowing the expenditure will not result in
any munitions item being made available for use by such country.
(3) Consenting under section 2753(a) of this title, under
section 505(a) of the Foreign Assistance Act of 1961 [22 U.S.C.
2314(a)], under the regulations issued to carry out section 2778 of
this title, or under any other law (except as provided in subsection
(h) of this section), to any transfer of any munitions item to a
country described in subsection (d) of this section. In implementing
this paragraph, the United States Government shall withdraw any such
consent which is in effect at the time the Secretary of State makes
the determination described in subsection (d) of this section,
except that this sentence does not apply with respect to any item
that has already been transferred to such country.
(4) Providing any license or other approval under section 2778
of this title for any export or other transfer (including by means
of a technical assistance agreement, manufacturing licensing
agreement, or coproduction agreement) of any munitions item to a
country described in subsection (d) of this section. In implementing
this paragraph, the United States Government shall suspend any such
license or other approval which is in effect at the time the
Secretary of State makes the determination described in subsection
(d) of this section, except that this sentence does not apply with
respect to any item that has already been exported or otherwise
transferred to such country.
(5) Otherwise facilitating the acquisition of any munitions item
by a country described in subsection (d) of this section. This
paragraph applies with respect to activities undertaken--
(A) by any department, agency, or other instrumentality of
the Government,
(B) by any officer or employee of the Government (including
members of the United States Armed Forces), or
(C) by any other person at the request or on behalf of the
Government.
The Secretary of State may waive the requirements of the second sentence
of paragraph (1), the second sentence of paragraph (3), and the second
sentence of paragraph (4) to the extent that the Secretary determines,
after consultation with the Congress, that unusual and compelling
circumstances require that the United States Government not take the
actions specified in that sentence.
(b) Prohibited transactions by United States persons
(1) In general
A United States person may not take any of the following
actions:
(A) Exporting any munitions item to any country described in
subsection (d) of this section.
(B) Selling, leasing, loaning, granting, or otherwise
providing any munitions item to any country described in
subsection (d) of this section.
(C) Selling, leasing, loaning, granting, or otherwise
providing any munitions item to any recipient which is not the
government of or a person in a country described in subsection
(d) of this section if the United States person has reason to
know that the munitions item will be made available to any
country described in subsection (d) of this section.
(D) Taking any other action which would facilitate the
acquisition, directly or indirectly, of any munitions item by
the government of any country described in subsection (d) of
this section, or any person acting on behalf of that government,
if the United States person has reason to know that that action
will facilitate the acquisition of that item by such a
government or person.
(2) Liability for actions of foreign subsidiaries, etc.
A United States person violates this subsection if a corporation
or other person that is controlled in fact by that United States
person (as determined under regulations, which the President shall
issue) takes an action described in paragraph (1) outside the United
States.
(3) Applicability to actions outside the United States
Paragraph (1) applies with respect to actions described in that
paragraph which are taken either within or outside the United States
by a United States person described in subsection (l)(3)(A) or (B)
of this section. To the extent provided in regulations issued under
subsection (l)(3)(D) of this section, paragraph (1) applies with
respect to actions described in that paragraph which are taken
outside the United States by a person designated as a United States
person in those regulations.
(c) Transfers to governments and persons covered
This section applies with respect to--
(1) the acquisition of munitions items by the government of a
country described in subsection (d) of this section; and
(2) the acquisition of munitions items by any individual, group,
or other person within a country described in subsection (d) of this
section, except to the extent that subparagraph (D) of subsection
(b)(1) of this section provides otherwise.
(d) Countries covered by prohibition
The prohibitions contained in this section apply with respect to a
country if the Secretary of State determines that the government of that
country has repeatedly provided support for acts of international
terrorism. For purposes of this subsection, such acts shall include all
activities that the Secretary determines willfully aid or abet the
international proliferation of nuclear explosive devices to individuals
or groups, willfully aid or abet an individual or groups in acquiring
unsafeguarded special nuclear material, or willfully aid or abet the
efforts of an individual or group to use, develop, produce, stockpile,
or otherwise acquire chemical, biological, or radiological weapons.
(e) Publication of determinations
Each determination of the Secretary of State under subsection (d) of
this section shall be published in the Federal Register.
(f) Rescission
(1) A determination made by the Secretary of State under subsection
(d) of this section may not be rescinded unless the President submits to
the Speaker of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate--
(A) before the proposed rescission would take effect, a report
certifying that--
(i) there has been a fundamental change in the leadership
and policies of the government of the country concerned;
(ii) that government is not supporting acts of international
terrorism; and
(iii) that government has provided assurances that it will
not support acts of international terrorism in the future; or
(B) at least 45 days before the proposed rescission would take
effect, a report justifying the rescission and certifying that--
(i) the government concerned has not provided any support
for international terrorism during the preceding 6-month period;
and
(ii) the government concerned has provided assurances that
it will not support acts of international terrorism in the
future.
(2)(A) No rescission under paragraph (1)(B) of a determination under
subsection (d) of this section may be made if the Congress, within 45
days after receipt of a report under paragraph (1)(B), enacts a joint
resolution the matter after the resolving clause of which is as follows:
``That the proposed rescission of the determination under section 40(d)
of the Arms Export Control Act pursuant to the report submitted to the
Congress on _________ is hereby prohibited.'', the blank to be completed
with the appropriate date.
(B) A joint resolution described in subparagraph (A) and introduced
within the appropriate 45-day period shall be considered in the Senate
and the House of Representatives in accordance with paragraphs (3)
through (7) of section 8066(c) of the Department of Defense
Appropriations Act (as contained in Public Law 98-473), except that
references in such paragraphs to the Committees on Appropriations of the
House of Representatives and the Senate shall be deemed to be references
to the Committee on Foreign Affairs of the House of Representatives and
the Committee on Foreign Relations of the Senate, respectively.
(g) Waiver
The President may waive the prohibitions contained in this section
with respect to a specific transaction if--
(1) the President determines that the transaction is essential
to the national security interests of the United States; and
(2) not less than 15 days prior to the proposed transaction, the
President--
(A) consults with the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations
of the Senate; and
(B) submits to the Speaker of the House of Representatives
and the chairman of the Committee on Foreign Relations of the
Senate a report containing--
(i) the name of any country involved in the proposed
transaction, the identity of any recipient of the items to
be provided pursuant to the proposed transaction, and the
anticipated use of those items;
(ii) a description of the munitions items involved in
the proposed transaction (including their market value) and
the actual sale price at each step in the transaction (or if
the items are transferred by other than sale, the manner in
which they will be provided);
(iii) the reasons why the proposed transaction is
essential to the national security interests of the United
States and the justification for such proposed transaction;
(iv) the date on which the proposed transaction is
expected to occur; and
(v) the name of every United States Government
department, agency, or other entity involved in the proposed
transaction, every foreign government involved in the
proposed transaction, and every private party with
significant participation in the proposed transaction.
To the extent possible, the information specified in subparagraph (B) of
paragraph (2) shall be provided in unclassified form, with any
classified information provided in an addendum to the report.
(h) Exemption for transactions subject to National Security Act
reporting requirements
The prohibitions contained in this section do not apply with respect
to any transaction subject to reporting requirements under title V of
the National Security Act of 1947 (50 U.S.C. 413 et seq.; relating to
congressional oversight of intelligence activities).
(i) Relation to other laws
(1) In general
With regard to munitions items controlled pursuant to this
chapter, the provisions of this section shall apply notwithstanding
any other provision of law, other than section 614(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2364(a)).
(2) Section 614(a) waiver authority
If the authority of section 614(a) of the Foreign Assistance Act
of 1961 [22 U.S.C. 2364(a)] is used to permit a transaction under
that Act [22 U.S.C. 2151 et seq.] or this chapter which is otherwise
prohibited by this section, the written policy justification
required by that section shall include the information specified in
subsection (g)(2)(B) of this section.
(j) Criminal penalty
Any person who willfully violates this section shall be fined for
each violation not more than $1,000,000, imprisoned not more than 10
years, or both.
(k) Civil penalties; enforcement
In the enforcement of this section, the President is authorized to
exercise the same powers concerning violations and enforcement which are
conferred upon departments, agencies, and officials by sections 11(c),
11(e), 11(g), and 12(a) of the Export Administration Act of 1979 [50
App. U.S.C. 2410(c), (e), (g), 2411(a)] (subject to the same terms and
conditions as are applicable to such powers under that Act [50 App.
U.S.C. 2401 et seq.]), except that section 11(c)(2)(B) of such Act shall
not apply, and instead, as prescribed in regulations issued under this
section, the Secretary of State may assess civil penalties for
violations of this chapter and regulations prescribed thereunder and
further may commence a civil action to recover such civil penalties, and
except further that, notwithstanding section 11(c) of that Act, the
civil penalty for each violation of this section may not exceed
$500,000.
(l) Definitions
As used in this section--
(1) the term ``munitions item'' means any item enumerated on the
United States Munitions list \1\ (without regard to whether the item
is imported into or exported from the United States);
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\1\ So in original. Probably should be capitalized.
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(2) the term ``United States'', when used geographically, means
the several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands, and
any territory or possession of the United States;
(3) the term ``United States person'' means--
(A) any citizen or permanent resident alien of the United
States;
(B) any sole proprietorship, partnership, company,
association, or corporation having its principal place of
business within the United States or organized under the laws of
the United States, any State, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, or any territory or possession of the United
States;
(C) any other person with respect to that person's actions
while in the United States; and
(D) to the extent provided in regulations issued by the
Secretary of State, any person that is not described in
subparagraph (A), (B), or (C) but--
(i) is a foreign subsidiary or affiliate of a United
States person described in subparagraph (B) and is
controlled in fact by that United States person (as
determined in accordance with those regulations), or
(ii) is otherwise subject to the jurisdiction of the
United States,
with respect to that person's actions while outside the United
States;
(4) the term ``nuclear explosive device'' has the meaning given
that term in section 6305(4) of this title; and
(5) the term ``unsafeguarded special nuclear material'' has the
meaning given that term in section 6305(8) of this title.
(Pub. L. 90-629, ch. 3, Sec. 40, as added Pub. L. 99-399, title V,
Sec. 509(a), Aug. 27, 1986, 100 Stat. 874; amended Pub. L. 101-222,
Sec. 2(a), Dec. 12, 1989, 103 Stat. 1892; Pub. L. 102-138, title III,
Sec. 321, Oct. 28, 1991, 105 Stat. 710; Pub. L. 103-236, title VIII,
Sec. 822(a)(2), Apr. 30, 1994, 108 Stat. 511; Pub. L. 106-113, div. B,
Sec. 1000(a)(7) [div. B, title XIII, Sec. 1303], Nov. 29, 1999, 113
Stat. 1536, 1501A-511; Pub. L. 107-228, div. B, title XII, Sec. 1204,
Sept. 30, 2002, 116 Stat. 1427.)
References in Text
The Foreign Assistance Act of 1961, referred to in subsecs. (a)(1),
(2) and (i)(2), 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.
Section 40(d) of the Arms Export Control Act, referred to in subsec.
(f)(2)(A), is classified to subsec. (d) of this section.
Paragraphs (3) through (7) of section 8066(c) of the Department of
Defense Appropriations Act (as contained in Public Law 98-473), referred
to in subsec. (f)(2)(B), is Pub. L. 98-473, title I, Sec. 101(h) [title
VIII, Sec. 8066(c)(3)-(7)], Oct. 12, 1984, 98 Stat. 1904, 1936, 1937,
which is not classified to the Code.
The National Security Act of 1947, referred to in subsec. (h), is
act July 26, 1947, ch. 343, 61 Stat. 495, as amended. Title V of the
National Security Act of 1947 is classified generally to subchapter III
(Sec. 413 et seq.) of chapter 15 of Title 50, War and National Defense.
For complete classification of this Act to the Code, see Short Title
note set out under section 401 of Title 50.
The Export Administration Act of 1979, referred to in subsec. (k),
is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, as amended, which is
classified principally to section 2401 et seq. of the Appendix to Title
50. For complete classification of this Act to the Code, see Short Title
note set out under section 2401 of the Appendix to Title 50 and Tables.
Amendments
2002--Subsec. (d). Pub. L. 107-228 substituted ``groups,'' for
``groups or'' in second sentence and inserted before period at end ``,
or willfully aid or abet the efforts of an individual or group to use,
develop, produce, stockpile, or otherwise acquire chemical, biological,
or radiological weapons''.
1999--Subsec. (k). Pub. L. 106-113 inserted ``section 11(c)(2)(B) of
such Act shall not apply, and instead, as prescribed in regulations
issued under this section, the Secretary of State may assess civil
penalties for violations of this chapter and regulations prescribed
thereunder and further may commence a civil action to recover such civil
penalties, and except further that'' after ``except that''.
1994--Subsec. (d). Pub. L. 103-236, Sec. 822(a)(2)(A), inserted at
end ``For purposes of this subsection, such acts shall include all
activities that the Secretary determines willfully aid or abet the
international proliferation of nuclear explosive devices to individuals
or groups or willfully aid or abet an individual or groups in acquiring
unsafeguarded special nuclear material.''
Subsec. (l). Pub. L. 103-236, Sec. 822(a)(2)(B), amended subsec. (l)
by striking ``and'' after the semicolon in par. (2), substituting a
semicolon for the period at the end of par. (3), and adding pars. (4)
and (5).
1991--Subsec. (f). Pub. L. 102-138, Sec. 321, designated existing
provisions as par. (1), redesignated former par. (1) as subpar. (A) and
former subpars. (A) to (C) as cls. (i) to (iii), respectively,
redesignated former par. (2) as subpar. (B) and former subpars. (A) and
(B) as cls. (i) and (ii), respectively, and added par. (2). So much of
Pub. L. 102-138, Sec. 321(1), as directed that subpar. (C) of former
par. (2) be redesignated cl. (iii) of par. (1)(B), could not be executed
because no such subpar. (C) had been enacted.
1989--Pub. L. 101-222 substituted ``Transactions with'' for
``Exports to'' in section catchline and amended text generally. Prior to
amendment, text read as follows:
``(a) Prohibition.--Except as provided in subsection (b) of this
section, items on the United States Munitions List may not be exported
to any country which the Secretary of State has determined, for purposes
of section 6(j)(1)(A) of the Export Administration Act of 1979 (50
U.S.C. App. 2405(j)(1)(A)), has repeatedly provided support for acts of
international terrorism.
``(b) Waiver.--The President may waive the prohibition contained in
subsection (a) of this section in the case of a particular export if the
President determines that the export is important to the national
interests of the United States and submits to the Congress a report
justifying that determination and describing the proposed export. Any
such waiver shall expire at the end of 90 days after it is granted
unless the Congress enacts a law extending the waiver.''
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 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.
Section Referred to in Other Sections
This section is referred to in sections 2371, 2656g, 3281, 7205,
7533 of this title; title 8 section 1735; title 18 section 175b; title
50 sections 2202, 2332.
