§ 2797. — Licensing.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2797]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 39--ARMS EXPORT CONTROL
SUBCHAPTER VII--CONTROL OF MISSILES AND MISSILE EQUIPMENT OR TECHNOLOGY
Sec. 2797. Licensing
(a) Establishment of list of controlled items
The Secretary of State, in consultation with the Secretary of
Defense and the heads of other appropriate departments and agencies,
shall establish and maintain, as part of the United States Munitions
List, a list of all items on the MTCR Annex the export of which is not
controlled under section 2405(l) of title 50, Appendix.
(b) Referral of license applications
(1) A determination of the Secretary of State to approve a license
for the export of an item on the list established under subsection (a)
of this section may be made only after the license application is
referred to the Secretary of Defense.
(2) Within 10 days after a license is issued for the export of an
item on the list established under subsection (a) of this section, the
Secretary of State shall provide to the Secretary of Defense and the
Secretary of Commerce the license application and accompanying documents
issued to the applicant, to the extent that the relevant Secretary
indicates the need to receive such application and documents.
(c) Information sharing
The Secretary of State shall establish a procedure for sharing
information with appropriate officials of the intelligence community, as
determined by the Director of Central Intelligence, and with other
appropriate Government agencies, that will ensure effective monitoring
of transfers of MTCR equipment or technology and other missile
technology.
(d) Exports to space launch vehicle programs
Within 15 days after the issuance of a license (including any
brokering license) for the export of items valued at less than
$50,000,000 that are controlled under this chapter pursuant to United
States obligations under the Missile Technology Control Regime and are
goods or services that are intended to support the design, utilization,
development, or production of a space launch vehicle system listed in
Category I of the MTCR Annex, the Secretary shall transmit to the
Congress a report describing the licensed export and rationale for
approving such export, including the consistency of such export with
United States missile nonproliferation policy. The requirement contained
in the preceding sentence shall not apply to licenses for exports to
countries that were members of the MTCR as of April 17, 1987.
(Pub. L. 90-629, ch. 7, Sec. 71, as added Pub. L. 101-510, div. A, title
XVII, Sec. 1703, Nov. 5, 1990, 104 Stat. 1745; amended Pub. L. 103-236,
title VII, Secs. 714(a)(3)-(6), 735(c), Apr. 30, 1994, 108 Stat. 497,
506; Pub. L. 105-277, div. G, subdiv. A, title XII, Sec. 1225(a)(4)-(7),
Oct. 21, 1998, 112 Stat. 2681-773; Pub. L. 106-280, title VII,
Sec. 708(c), Oct. 6, 2000, 114 Stat. 863.)
Amendments
2000--Subsec. (d). Pub. L. 106-280 substituted ``Within 15 days
after the issuance of a license (including any brokering license) for
the export of items valued at less than $50,000,000 that are controlled
under this chapter pursuant to United States obligations under the
Missile Technology Control Regime and are goods or services that are
intended to support the design, utilization, development, or production
of a space launch vehicle system listed in Category I of the MTCR
Annex,'' for ``Within 15 days after the issuance of a license for the
export of items valued at less than $14,000,000 that are controlled
under this chapter pursuant to United States obligations under the
Missile Technology Control Regime and intended to support the design,
development, or production of a space launch vehicle system listed in
Category I of the MTCR Annex,''.
1998--Subsec. (a). Pub. L. 105-277, Sec. 1225(a)(4), struck out ``,
the Director of the Arms Control and Disarmament Agency,'' after
``Secretary of Defense''.
Subsec. (b)(1). Pub. L. 105-277, Sec. 1225(a)(5), struck out ``and
the Director of the United States Arms Control and Disarmament Agency''
after ``Secretary of Defense''.
Subsec. (b)(2). Pub. L. 105-277, Sec. 1225(a)(6), substituted ``and
the Secretary of Commerce'' for ``the Secretary of Commerce, and the
Director of the United States Arms Control and Disarmament Agency'' and
struck out ``or the Director'' after ``the relevant Secretary''.
Subsec. (c). Pub. L. 105-277, Sec. 1225(a)(7), struck out ``with the
Director of the United States Arms Control and Disarmament Agency,''
after ``Director of Central Intelligence,''.
1994--Subsec. (a). Pub. L. 103-236, Sec. 714(a)(3), inserted ``, the
Director of the Arms Control and Disarmament Agency,'' after ``the
Secretary of Defense''.
Subsec. (b)(1). Pub. L. 103-236, Sec. 714(a)(4), inserted ``and the
Director of the United States Arms Control and Disarmament Agency''
after ``Secretary of Defense''.
Subsec. (b)(2). Pub. L. 103-236, Sec. 714(a)(5), substituted ``, the
Secretary of Commerce, and the Director of the United States Arms
Control and Disarmament Agency'' for ``and the Secretary of Commerce''
and inserted ``or the Director'' after ``relevant Secretary''.
Subsec. (c). Pub. L. 103-236, Sec. 714(a)(6), inserted ``with the
Director of the United States Arms Control and Disarmament Agency,''
after ``Director of Central Intelligence,''.
Subsec. (d). Pub. L. 103-236, Sec. 735(c), added subsec. (d).
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-277 effective Apr. 1, 1999, see section
1201 of Pub. L. 105-277, set out as an Effective Date note under section
6511 of this title.
Delegation of Functions
Memorandum of President of the United States, June 25, 1991, 56 F.R.
31041, which provided for delegation of certain functions of the
President, was superseded by Ex. Ord. No. 12851, Sec. 7, June 11, 1993,
58 F.R. 33181, set out below.
MTCR Report Transmittals
Pub. L. 106-280, title VII, Sec. 704, Oct. 6, 2000, 114 Stat. 861,
provided that: ``For purposes of section 71(d) of the Arms Export
Control Act (22 U.S.C. 2797(d)), the requirement that reports under that
section shall be transmitted to the Congress shall be considered to be a
requirement that such reports shall be transmitted to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations and the Committee on Banking, Housing and
Urban Affairs of the Senate.''
Report on Missile Proliferation
Section 1704 of Pub. L. 101-510 directed President to submit to
Congress reports on international transfers of aircraft which the
Secretary had reason to believe may be intended to be used for delivery
of nuclear, biological, or chemical weapons and international transfers
of MTCR equipment or technology to any country seeking to acquire such
equipment or technology, and which provided for contents of reports,
countries excluded from such reports, classification of information, and
definitions, prior to repeal by Pub. L. 102-190, div. A, title X,
Sec. 1097(g), Dec. 5, 1991, 105 Stat. 1491.
Ex. Ord. No. 12851. Administration of Proliferation Sanctions, Middle
East Arms Control, and Related Congressional Reporting Responsibilities
Ex. Ord. No. 12851, June 11, 1993, 58 F.R. 33181, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including section 301 of title
3, United States Code; sections 1701-1703 of the National Defense
Authorization Act for Fiscal Year 1991, Public Law 101-510 (50 U.S.C.
App. 2402 note, 2405, 2410b; 22 U.S.C. 2797-2797c); sections 303, 324
[105 Stat. 708, 711], and 401-405 [22 U.S.C. 2778 note] of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993, Public Law 102-
138; sections 305-308 of the Chemical and Biological Weapons Control and
Warfare Elimination Act of 1991, Public Law 102-182 (50 U.S.C. App.
2410c; 22 U.S.C. 2798, 5604-5606); sections 241 [105 Stat. 1326] and
1097 [former 22 U.S.C. 2751 note] of the National Defense Authorization
Act for Fiscal Years 1992 and 1993, Public Law 102-190; and section 1364
of the National Defense Authorization Act for Fiscal Year 1993, Public
Law 102-484 [106 Stat. 2561], I hereby order as follows:
Section 1. Chemical and Biological Weapons Proliferation and Use
Sanctions. (a) Chemical and Biological Weapons Proliferation. The
authority and duties vested in me by section 81 of the Arms Export
Control Act, as amended (``AECA'') (22 U.S.C. 2798), and section 11C of
the Export Administration Act of 1979, as amended (``EAA'') (50 U.S.C.
App. 2410c), are delegated to the Secretary of State, except that:
(1) The authority and duties vested in me to deny certain United
States Government contracts, as provided in section 81(c)(1)(A) of the
AECA and section 11C(c)(1)(A) of the EAA, pursuant to a determination
made by the Secretary of State under section 81(a)(1) of the AECA or
section 11C(a)(1) of the EAA, as well as the authority and duties vested
in me to make the determinations provided for in section 81(c)(2) of the
AECA and section 11C(c)(2) of the EAA are delegated to the Secretary of
Defense. The Secretary of Defense shall notify the Secretary of the
Treasury of determinations made pursuant to section 81(c)(2) of the AECA
and section 11(c)(2) [11C(c)(2)] of the EAA.
(2) The authority and duties vested in me to prohibit certain
imports as provided in section 81(c)(1)(B) of the AECA and section
11C(c)(1)(B) of the EAA, pursuant to a determination made by the
Secretary of State under section 81(a)(1) of the AECA or section
11C(a)(1) of the EAA, and the obligation to implement the exceptions
provided in section 81(c)(2) of the AECA and section 11C(c)(2) of the
EAA, insofar as the exceptions affect imports of goods into the United
States, are delegated to the Secretary of the Treasury.
(b) Chemical and Biological Weapons Use. The authority and duties
vested in me by sections 306-308 of the Chemical and Biological Weapons
Control and Warfare Elimination Act of 1991 (22 U.S.C. 5604-5606) are
delegated to the Secretary of State, except that:
(1) The authority and duties vested in me to restrict certain
imports as provided in section 307(b)(2)(D) [22 U.S.C. 5605(b)(2)(D)],
pursuant to a determination made by the Secretary of State under section
307(b)(1), are delegated to the Secretary of the Treasury.
(2) The Secretary of State shall issue, transmit to the Congress,
and notify the Secretary of the Treasury of, as appropriate, waivers
based upon findings made pursuant to section 307(d)(1)(A)(ii).
(3) The authority and duties vested in me to prohibit certain
exports as provided in section 307(a)(5) and section 307(b)(2)(C),
pursuant to a determination made by the Secretary of State under section
306(a)(1) and section 307(b)(1), are delegated to the Secretary of
Commerce.
(c) Coordination Among Agencies. The Secretaries designated in this
section shall exercise all functions delegated to them by this section
in consultation with the Secretary of State, the Secretary of Defense,
the Secretary of the Treasury, the Secretary of Commerce, the Director
of the Arms Control and Disarmament Agency, and other departments and
agencies as appropriate, utilizing the appropriate interagency groups
prior to any determination to exercise the prohibition authority
delegated hereby.
Sec. 2. Missile Proliferation Sanctions. (a) Arms Export Control
Act. The authority and duties vested in me by sections 72-73 of the AECA
(22 U.S.C. 2797a-2797b) are delegated to the Secretary of State, except
that:
(1) The authority and duties vested in me by section 72(a)(1) to
make determinations with respect to violations by United States persons
of the EAA [50 App. U.S.C. 2401 et seq.] are delegated to the Secretary
of Commerce.
(2) The authority and duties vested in me to deny certain United
States Government contracts as provided in sections 73(a)(2)(A)(i) and
73(a)(2)(B)(i), pursuant to a determination made by the Secretary of
State under section 73(a)(1), as well as the authority and duties vested
in me to make the findings provided in sections 72(c), 73(f), and
73(g)(1), are delegated to the Secretary of Defense. The Secretary of
State shall issue, transmit to the Congress, and notify the Secretary of
the Treasury of, as appropriate, any waivers based upon findings made
pursuant to sections 72(c) and 73(f).
(3) The authority and duties vested in me to prohibit certain
imports as provided in section 73(a)(2)(C), pursuant to a determination
made by the Secretary of State under that section, and the obligation to
implement the exceptions provided in section 73(g), are delegated to the
Secretary of the Treasury.
(b) Export Administration Act. The authority and duties vested in me
by section 11B of the EAA (50 U.S.C. App. 2410b) are delegated to the
Secretary of Commerce, except that:
(1) The authority and duties vested in me by sections 11B(a)(1)(A)
(insofar as such section authorizes determinations with respect to
violations by United States persons of the AECA [22 U.S.C. 2751 et
seq.]), 11B(b)(1) (insofar as such section authorizes determinations
regarding activities by foreign persons), and 11B(b)(5) are delegated to
the Secretary of State.
(2) The authority and duties vested in me to make the findings
provided in sections 11B(a)(3), 11B(b)(6), and 11B(b)(7)(A) are
delegated to the Secretary of Defense. The Secretary of Commerce shall
issue, transmit to the Congress, and notify the Secretary of the
Treasury of, as appropriate, waivers based upon findings made pursuant
to section 11B(a)(3). The Secretary of State shall issue, transmit to
the Congress, and notify the Secretary of the Treasury of, as
appropriate, waivers based upon findings made pursuant to section
11B(b)(6).
(3) The authority and duties vested in me to prohibit certain
imports as provided in section 11B(b)(1), pursuant to a determination by
the Secretary of State under that section, and the obligation to
implement the exceptions provided in section 11B(b)(7), are delegated to
the Secretary of the Treasury.
(c) Reporting Requirements. The authority and duties vested in me to
make certain reports to the Congress as provided in section 1097 of the
National Defense Authorization Act for Fiscal Years 1992 and 1993
[former 22 U.S.C. 2751 note] and section 1364 of the National Defense
Authorization Act for Fiscal Year 1993 [Pub. L. 102-484, 106 Stat. 2561]
are delegated to the Secretary of State.
(d) Coordination Among Agencies. The Secretaries designated in this
section shall exercise all functions delegated to them by this section
in consultation with the Secretary of State, the Secretary of Defense,
the Secretary of the Treasury, the Secretary of Commerce, the Director
of the Arms Control and Disarmament Agency, and other departments and
agencies as appropriate, utilizing the appropriate interagency groups
prior to any determination to exercise prohibition authority delegated
hereby.
Sec. 3. Arms Control in the Middle East. The certification and
reporting functions vested in me by sections 403 and 404 of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993 [22 U.S.C. 2778
note], are delegated to the Secretary of State. The Secretary of State
shall exercise these functions in consultation with the Secretary of
Defense and other agencies as appropriate.
Sec. 4. China and Weapons Proliferation. The reporting functions
regarding China and weapons proliferation vested in me by sections
303(a)(2) and 324 of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 [Pub. L. 102-138, 105 Stat. 709, 711], are delegated
to the Secretary of State. The Secretary of State shall exercise these
functions in consultation with the Secretary of Defense and other
agencies as appropriate.
Sec. 5. Arrow Tactical Anti-Missile Program. The authority and
duties vested in me to make certain certifications as provided by
section 241(b)(3)(C) of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 [Pub. L. 102-190, 105 Stat. 1327] are
delegated to the Secretary of State.
Sec. 6. Delegations. The functions delegated herein may be
redelegated as appropriate. Regulations necessary to carry out the
functions delegated herein may be issued as appropriate.
Sec. 7. Priority. This order supercedes the Memorandum of the
President, ``Delegation of Authority Regarding Missile Technology
Proliferation,'' June 25, 1991. To the extent that this order is
inconsistent with any provisions of any prior Executive order or
Presidential memorandum, this order shall control.
William J. Clinton.
[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.]
