United States Arms
Transfers Eligibility Criteria
Listed below
are the guiding principles that - by law
or international commitment - should be used to determine who is
eligible to receive weapons or other security assistance from the United States
and how the weapons or aid can be
used.Note that the provisions listed
below are excerpts from the full legislation.
U.S. Laws
Arms Export Control Act of 1976
Foreign Assistance Act of 1961
FY 2002 Foreign Operations Appropriations Act
Security Assistance Act of 2000
American Servicemembers' Protection Act
Security Assistance Act of 2002
Freedom Support Act
Taiwan Relations Act
International Arms Sales Code of Conduct
FY2002 Defense Appropriations Act
Syrian Accountability and Lebanese Sovereignty Restoration Act of 2003
International Agreements
Wassenaar Arrangement
OSCE Document on Small Arms and Light
Weapons
UN Conference on the Illicit Trade in
Small Arms and Light Weapons
U.S. Laws
Arms Export Control Act (PL 90-629)
Chapter 1. FOREIGN AND NATIONAL SECURITY POLICY OBJECTIVES AND
RESTRAINTS
Section 1 [2] The Need for International Defense Cooperation
and Military Export Controls.. As declared by the Congress in the
Arms Control and Disarmament Act, 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 Act 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, 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 21 or section 22 of this Act; or
(2) which are licensed or approved for export under section 38 of
this Act 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.4 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.
Sec. 3 Eligibility. (a) No defense
article or defense service shall be sold or leased 9 by the United States
Government under this Act to any country or international organization,10
and no agreement shall be entered into for a cooperative project (as
defined in section 27 of this Act), unless.
(Sect 3)(a)(1)[11] the President finds
that the furnishing of defense articles and defense services to such
country or international organization will strengthen the security of
the United States and promote world peace;
(a)(2) the country or international organization shall have agreed
not to transfer title to, or possession of, any defense article or
related training or other defense service 12 so furnished to it, or
produced in a cooperative project (as defined in section 27 of this
Act),13 to anyone not an officer, employee, or agent of that country or
international organization (or the North Atlantic Treaty Organization or
the specific member countries (other than the United States) in the case
of a cooperativeproject) and not to use or permit the use of such
article or related training or other defense service 12 for purposes
other than those for which furnished unless the consent of the President
has first been obtained;
(a)(3) the country or international organization shall have agreed
that it will maintain the security of such article or service and will
provide substantially the same degree of security protection afforded to
such article or service 17 by the United States Government; and
(a)(4) the country or international organization is otherwise
eligible to purchase or lease defense articles or defense services. In
considering a request for approval of any transfer of any weapon,
weapons system, munitions, aircraft, military boat, military vessel, or
other implement of war to another country, the President shall not give
his consent under paragraph (2) to the transfer unless the United States
itself would transfer the defense article under consideration to that
country.....
(Sect. 3)(c)(1)(A) No credits (including participations in credits) may
be issued and no guaranties may be extended for any foreign country under
this Act as hereinafter provided, if such country uses defense articles or
defense services furnished under this Act, or any predecessor Act, in
substantial violation (either in terms of quantities or in terms of the
gravity of the consequences regardless of the quantities involved) of any
agreement entered into pursuant to any such Act (i) by using such articles
or services for a purpose not authorized under section 4 or, if such
agreement provides that such articles or services may only be used for
purposes more limited than those authorized under section 4 for a purpose
not authorized under such agreement; (ii) by transferring such articles or
services to, or permitting any use of such articles or services by, anyone
not an officer, employee, or agent of the recipient country without the
consent of the President; or (iii) by failing to maintain the security of
such articles or services.
(c)(1)(B) No cash sales or deliveries pursuant to previous sales
may be made with respect to any foreign country under this Act as
hereinafter provided, if such country uses defense articles or defense
services furnished under this Act, or any predecessor Act, in
substantial violation (either in terms of quantity or in terms of the
gravity of the consequences regardless of the quantities involved) of
any agreement entered into pursuant to any such Act by using such
articles or services for a purpose not authorized under section 4 or,
if such agreement provides that such articles or services may only be
used for purposes more limited than those authorized under section 4,
for a purpose not authorized under such agreement.....
(Sect. 3)(c)(3)(A) A country shall be deemed to be ineligible under
subparagraph (A) of paragraph (1) of this subsection, or both
subparagraphs (A) and (B) of such paragraph in the case of a violation
described in both such paragraphs, if the President so determines and so
reports in writing to the Congress, or if the Congress so determines by
joint resolution.....
(4) A country shall remain ineligible in accordance with paragraph
(1) of this subsection until such time as.
(A) the President determines that the violation has ceased; and
(B) the country concerned has given assurances satisfactory to the
President that such violation will not recur.
(4) This subsection shall not apply.
(A) to transfers of maintenance, repair, or overhaul defense
services, or of the repair parts or other defense articles used in
furnishing such services, if the transfer will not result in any
increase, relative to the original specifications, in the military
capability of the defense articles and services to be maintained,
repaired, or overhauled;....
(Sect. 3)(f) No sales or leases shall be made to any country that the
President has determined is in material breach of its binding commitments
to the United States under international treaties or agreements concerning
the nonproliferation of nuclear explosive devices (as defined in section
830(4) of the Nuclear Proliferation Prevention Act of 1994) and
unsafeguarded special nuclear material (as defined in section 830(8) of
that Act).....
Sec. 4. Purposes for Which Military Sales by the
United States Are Authorized.. Defense articles and defense
services shall be sold or leased by the United States Government under
this Act to friendly countries solely for internal security, for
legitimate self-defense, for preventing or hindering the proliferation
of weapons of mass destruction and of the means of delivering such
weapons, to permit the recipient country to
participate in regional or collective arrangements or measures consistent
with the Charter of the United Nations, or otherwise to permit the
recipient country to participate in collective measures requested by the
United Nations for the purpose of maintaining or restoring international
peace and security, or for the purpose of enabling foreign military forces
in less developed friendly countries to construct public works and to
engage in other activities helpful to the economic and social
development of such friendly countries. It is the sense of the
Congress that such foreign military forces should not be maintained or
established solely for civic action activities and that such civic action
activities not significantly detract from the capability of the military
forces to perform their military missions and be coordinated with and form
part of the total economic and social development effort: Provided, That
none of the funds contained in this authorization shall be used to
guarantee, or extend credit, or participate in an extension of credit in
connection with any sale of sophisticated weapons systems, such as missile
systems and jet aircraft for military purposes, to any underdeveloped
country other than Greece, Turkey, Iran, Israel, the Republic of
China, the Philippines, and Korea unless the President determines that
such financing is important to the national security of the United States
and reports within thirty days each such determination to the
Congress.
Sec. 5. Prohibition Against
Discrimination.. (a) 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 the
Internal Revenue Code of 1954) from participating in the furnishing of
defense articles or defense services under this Act on the basis of race,
religion, national origin, or sex.....
Sec. 6. Foreign Intimidation and Harassment of Individuals in
the United States.. No letters of offer may be issued, no credits
or guarantees may be extended, and no export licenses may be issued under
this Act with respect to any country determined by the President to be
engaged in a consistent pattern of acts of intimidation or harassment
directed against individuals in the United States.....
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Chapter 2. FOREIGN MILITARY SALES
AUTHORIZATIONS Sec. 21. Sales From Stocks..
(a)(1) The President may sell defense articles and defense services from
the stocks of the Department of Defense and the Coast Guard to any
eligible country or international organization if such country or
international organization agrees to pay in United States dollars. .....
(Sect. 21)(c)(1) Personnel performing defense services sold under this
Act may not perform any duties of a combatant nature, including any duties
related to training and advising that may engage United States personnel
in combat activities,59 outside the United States in connection with the
performance of those defense services.....
(k) Before entering into the sale under this Act of defense articles
that are excess to the stocks of the Department of Defense, the President
shall determine that the sale of such articles will not have an adverse
impact on the national technology and industrial base and,
particularly, will not reduce the opportunities of entities in the
national technology and industrial base to sell new or used equipment to
the countries to which such articles are transferred.....
(Sect. 25)(a)(3) the United States national security
considerations involved in expected sales or licensed commercial exports
to each country, an analysis of the relationship between anticipated sales
to each country and arms control efforts concerning such country
and an analysis of the impact of such anticipated sales on the
stability of the region that includes such country;
Chapter 2A. FOREIGN MILITARY CONSTRUCTION SALES
Chapter 2B. SALES TO UNITED STATES COMPANIES FOR INCORPORATION
INTO END ITEMS [link to section in AECA]
Chapter 2C. EXCHANGE OF TRAINING AND RELATED
SUPPORT
Sec. 30A. Exchange of Training and Related
Support.. (a) Subject to subsection (b), the President may
provide training and related support to military and civilian defense
personnel of a friendly foreign country or an international organization.
Such training and related support shall be provided by a Secretary of a
military department and may include the provision of transportation, food
services, health services, and logistics and the use of facilities and
equipment.
(30A)(b) Training and related support may be provided under this
section only pursuant to an agreement or other arrangements providing for
the provision by the recipient foreign country or international
organization, on a reciprocal basis, of comparable training and related
support to military and civilian personnel under the jurisdiction of the
Secretary of the military department providing the training and related
support under this section. Such reciprocal training and related support
must be provided within a reasonable period of time (which may not be more
than one year) of the provision of training and related support by the
United States. To the extent that a foreign country or international
organization to which training and related support is provided under this
section does not provide such comparable training and related support to
the United States within a reasonable period of time, that country or
international organization shall be required to reimburse the United
States for the full costs of the training and related support provided by
the United States.....
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Chapter 3. MILITARY EXPORT CONTROLS
Sec. 33 Restraint in Arms Sales to Sub-Saharan
Africa. . It is the sense of the Congress that the problems of
Sub-Saharan Africa are primarily those of economic development and that
United States policy should assist in limiting the development of costly
military conflict in that region. Therefore, the President shall exercise
restraint in selling defense articles and defense services, and in
providing financing for sales of defense articles and defense services, to
countries in Sub-Saharan Africa.....
Sec. 35. Foreign Military Sales to Less
Developed Countries. (a) When the President finds that any
economically less developed country is diverting development
assistance furnished pursuant to the Foreign Assistance Act of 1961,
as amended, or sales under the Agricultural Trade Development and
Assistance Act of 1954, as amended, to military expenditures, or is
diverting its own resources to unnecessary military expenditures, to a
degree which materially interferes with its development, such country
shall be immediately ineligible for further sales and guarantees under
sections 21, 22, 23, and 24, until the President is assured that such
diversion will no longer take place.....
Sec. 36 Reports on Commercial and Governmental Military
Exports; Congressional Action.
(Sect. 36)(b)(1) In the case of any letter of offer to sell any defense
articles or services under this Act for $50,000,000 or more, any design
and construction services for $200,000,000 or more, or any major defense
equipment for $14,000,000 or more, before such letter of offer is issued,
the President shall submit to the Speaker of the House of Representatives
and to the chairman of the Committee on Foreign Relations of the Senate a
numbered certification with respect to such offer to sell containing the
information specified in clauses (i) through (iv) of subsection (a), or
(in the case of a sale of design and construction services) the
information specified in clauses (A) through (D) of paragraph (9) of
subsection (a), and a description, containing the information specified in
paragraph (8) of subsection (a), of any contribution, gift, commission, or
fee paid or offered or agreed to be paid in order to solicit, promote, or
otherwise to secure such letter of offer. Such numbered certifications
shall also contain an item, classified if necessary, identifying the
sensitivity of technology contained in the defense articles, defense
services, or design and construction services proposed to be sold, and a
detailed justification of the reasons necessitating the sale of such
articles or services in view of the sensitivity of such technology. In a
case in which such articles or services listed on the Missile Technology
Control Regime Annex are intended to support the design, development, or
production of a Category I space launch vehicle system (as defined in
section 74), such report shall include a description of the proposed
export and rationale for approving such export, including the consistency
of such export with United States missile nonproliferation policy. Each
such numbered certification shall contain an item indicating whether any
offset agreement is proposed to be entered into in connection with such
letter of offer to sell (if known on the date of transmittal of such
certification). In addition, the President shall, upon the request of such
committee or the Committee on Foreign Affairs of the House of
Representatives, transmit promptly to both such committee a statement
setting forth, to the extent specified in such request—....
(Sect. 36)(b)(1)(D) an evaluation, prepared by
the Secretary of State in consultation with the Secretary of Defense and
the Director of Central Intelligence, of the manner, if any, in which the
proposed sale would—
(i) contribute to an arms race;
(ii) support international terrorism;
(iii) increase the possibility of an outbreak or escalation of
conflict;
(iv) prejudice the negotiation of any arms controls; or
(v) adversely affect the arms control policy of the United
States;
(Sect. 36)(c) (1) In the case of an
application by a person (other than with regard to a sale under section 21
or section 22 of this Act) for a license for the export of any major
defense equipment sold under a contract in the amount of $14,000,000 or
more or of defense articles or defense services sold under a contract in
the amount of $50,000,000 or more, before issuing such license the
President shall transmit to the Speaker of the House of Representatives
and to the chairman of the Committee on Foreign Relations of the Senate an
unclassified numbered certification with respect to such application
specifying (A) the foreign country or international organization to which
such export will be made, (B) the dollar amount of the items to be
exported, and (C) a description of the items to be exported. Each such
numbered certification shall also contain an item indicating whether any
offset agreement is proposed to be entered into in connection with such
export and a description of any such offset agreement. In addition, the
President shall, upon the request of such committee or the Committee on
Foreign Affairs of the House of Representatives, transmit promptly to both
such committees a statement setting forth, to the extent specified in such
request a description of the capabilities of the items to be exported, an
estimate of the total number of United States personnel expected to be
needed in the foreign country concerned in connection with the items to be
exported and an analysis of the arms control impact pertinent to such
application, prepared in consultation with the Secretary of Defense
and a description from the person who has submitted the license
application of any offset agreement proposed to be entered into in
connection with such export (if known on the date of transmittal of such
statement). In a case in which such articles or services are listed on the
Missile Technology Control Regime Annex and are intended to support the
design, development, or production of a Category I space launch vehicle
system (as defined in section 74), such report shall include a description
of the proposed export and rationale for approving such export, including
the consistency of such export with United States missile nonproliferation
policy. A certification transmitted pursuant to this subsection shall be
unclassified, except that the information specified in clause (B) and the
details of the description specified in clause (C) may be classified if
the public disclosure thereof would be clearly detrimental to the security
of the United States, in which case the information shall be accompanied
by a description of the damage to the national security that could be
expected to result from public disclosure of the information.
Sec. 38. Control of Arms Exports and
Imports (a)(1) In furtherance of world peace and the security
and foreign policy of the United States, the President is authorized
to control the import and the export of defense articles and defense
services and to provide foreign policy guidance to persons of the United
States involved in the export and import of such articles and services.
The President is authorized to designate those items which shall be
considered as defense articles and defense services for the purposes of
this section and to promulgate regulations for the import and export of
such articles and services. The items so designated shall constitute the
United States Munitions List.
(Sect. 38)(a)(2) Decisions on issuing export licenses under this
section shall take into account whether the export of an article would
contribute to an arms race, aid in the development of
weapons of mass destruction, support international
terrorism, increase the possibility of outbreak or escalation
of conflict, or prejudice the development of bilateral or
multilateral arms control or nonproliferation agreements or
other arrangements.
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(j) REQUIREMENTS RELATING TO COUNTRY EXEMPTIONS FOR LICENSING
OF DEFENSE ITEMS FOR EXPORT TO FOREIGN COUNTRIES..
(1) REQUIREMENT FOR BILATERAL AGREEMENT..
. The President may utilize the
regulatory or other authority pursuant to this Act to exempt a foreign
country from the licensing requirements of this Act with respect to
exports of defense items only if the United States Government has
concluded a binding bilateral agreement with the foreign country. Such
agreement shall.
(1)(A)(i) meet the requirements set forth in paragraph (2);
and
(1)(A)(ii) be implemented by the United States and the foreign
country in a manner that is legally-binding under their domestic
laws.
. The requirement to conclude a
bilateral agreement in accordance with subparagraph (A) shall not apply
with respect to an exemption for Canada from the licensing requirements
of this Act for the export of defense items.
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Sec. 39. Fees of Military Sales Agents and
Other Payments.
(a) In accordance with such regulations as he may prescribe, the
Secretary of State shall require adequate and timely reporting on
political contributions, gifts, commissions and fees paid, or offered or
agreed to be paid, by any person in connection with. (1) sales of defense
articles or defense services under section 22, or of design and
construction services under section 29 of this Act; or (2) commercial
sales of defense articles or defense services licensed or approved under
section 38 of this Act; to or for the armed forces of a foreign country or
international organization in order to solicit, promote, or otherwise to
secure the conclusion of such sales. Such regulations shall specify the
amounts and the kinds of payments, offers, and agreements to be reported,
and the form and timing of reports, and shall require reports on the names
of sales agents and other persons receiving such payments. The Secretary
of State shall by regulation require such recordkeeping as he determines
is necessary.
(Sect. 29)(b) The President may, by regulation, prohibit, limit, or
prescribe conditions with respect to such contributions, gifts,
commissions, and fees as he determines will be in furtherance of the
purposes of this Act.
(c) No such contribution, gift, commission, or fee may be included, in
whole or in part, in the amount paid under any procurement contract
entered into under section 22 or section 29 of this Act, unless the amount
thereof is reasonable, allocable to such contract, and not made to a
person who has solicited, promoted, or otherwise secured such sale, or has
held himself out as being able to do so, through improper influence. For
the purposes of this section, . . improper influence. . means influence,
direct or indirect, which induces or attempts to induce consideration or
action by any employee or officer of a purchasing foreign government or
international organization with respect to such purchase on any basis
other than such consideration of merit as are involved in comparable
United States procurements.
SEC. 39A. PROHIBITION ON INCENTIVE PAYMENTS. (a) No
United States supplier of defense articles or services sold or licensed
227 under this Act, nor any employee, agent, or subcontractor thereof,
shall, with respect to the sale or export 228 of any such defense article
or defense service to a foreign country, make any incentive payments for
the purpose of satisfying, in whole or in part, any offset agreement with
that country.....
(Sect. 39A)(d) For purposes of this section.
(d)(1) the term . . offset agreement. . means an agreement,
arrangement, or understanding between a United States supplier of
defense articles or defense services and a foreign country under which
the supplier agrees to purchase or acquire, or to promote the purchase
or acquisition by other United States persons of, goods or services
produced, manufactured, grown, or extracted, in whole or in part, in
that foreign country in consideration for the purchase by the foreign
country of defense articles or defense services from the supplier;
(d)(2) the term . . incentive payments. . means direct monetary
compensation made by a United States supplier of defense articles or
defense services or by any employee, agent or subcontractor thereof to
any other United States person to induce or persuade that United States
person to purchase or acquire goods or services produced, manufactured,
grown, or extracted, in whole or in part, in the foreign country which
is purchasing those defense articles or services from the United States
supplier.....
Sec. 40 Transactions With Countries
Supporting Acts of International Terrorism.
(a) PROHIBITED TRANSACTIONS BY THE UNITED STATES
GOVERNMENT.
(Sect. 40)(d) [232]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...
SEC. 40A. [242] TRANSACTIONS WITH
COUNTRIES NOT FULLY COOPERATING WITH UNITED STATES ANTITERRORISM EFFORTS.
(a) PROHIBITED TRANSACTIONS.. No defense article or defense
service may be sold or licensed for export under this Act in a fiscal year
to a foreign country that the President determines and certifies to
Congress, by May 15 of the calendar year in which that fiscal year begins,
is not cooperating fully with United States antiterrorism efforts....
Chapter 3A. END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE
SERVICES
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Chapter 4. GENERAL, ADMINISTRATIVE, AND MISCELLANEOUS
PROVISIONS....
Sec. 42 General Provisions.. (a) [245] In carrying out this Act, special emphasis
shall be placed on procurement in the United States, but, subject to the
provisions of subsection (b) of this section, consideration shall also be
given to coproduction or licensed production outside the United States of
defense articles of United States origin when such production best serves
the foreign policy, national security, and economy of the United States.
In evaluating any sale proposed to be made pursuant to this Act, there
shall be taken into consideration
(Sect. 42)(c) Funds made available under this Act may be used for
procurement outside the United States only if the President determines
that such procurement will not result in adverse effects upon the economy
of the United States or the industrial mobilization base, with special
reference to any areas of labor surplus or to the net position of the
United States in its balance of payments with the rest of the world, which
outweigh the economic or other advantages to the United States of less
costly procurement outside the United States....
Chapter 5. SPECIAL DEFENSE ACQUISITION FUND
Chapter 6. LEASES OF DEFENSE ARTICLES AND LOAN AUTHORITY FOR
COOPERATIVE RESEARCH AND DEVELOPMENT PURPOSES
Sec. 61 Leasing Authority.. (a) The President may
lease defense articles in the stocks of the Department of Defense to an
eligible foreign country or international organization if.
(Sect. 61)(a)(1) he determines that there are compelling foreign
policy and national security reasons for providing such articles on a
lease basis rather than on a sales basis under this Act;
(a)(3) the President first considers the effects of the lease of the
articles on the national technology and industrial base, particularly
the extent, if any, to which the lease reduces the opportunities of
entities in the national technology and industrial base to sell new
equipment to the country or countries to which the articles are leased;
and
Sec. 64. Application of Other Provisions of Law.. Any
reference to sales of defense articles under this Act in any provision of
law restricting the countries or organizations to which such sales may be
made shall be deemed to include a reference to leases of defense articles
under this chapter.
Sec. 65. Loan of Materials, Supplies, and Equipment for
Research and Development Purposes.. (a)(1) Except as provided in
subsection (c), the Secretary of Defense may loan to a country that is a
NATO or major non-NATO ally materials, supplies, or equipment for the
purpose of carrying out a program of cooperative research, development,
testing, or evaluation. The Secretary may accept as a loan or a gift from
a country that is a NATO or major non-NATO ally materials, supplies, or
equipment for such purpose.....
(c) The Secretary of Defense may not loan to a country under this
section any material if the material is a strategic and critical material
and if, at the time the loan is to be made, the quantity of the material
in the National Defense Stockpile (provided for under section 3 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b)) is less
than the quantity of such material to be stockpiled, as determined by the
President under section 3(a) of such Act.
(d) For purposes of this section, the term . . NATO298 ally. . means a
member country of the North Atlantic Treaty Organization (other than the
United States).
CHAPTER 7. CONTROL OF MISSILES AND MISSILE EQUIPMENT OR
TECHNOLOGY
CHAPTER 8. CHEMICAL OR BIOLOGICAL WEAPONS
PROLIFERATION328
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CHAPTER 9. TRANSFER OF CERTAIN CFE TREATYLIMITED EQUIPMENT TO
NATO MEMBERS333
SEC. 93.336 AUTHORITIES. (a) 337 GENERAL
AUTHORITY.. The President may transfer to any NATO/CFE country,
in accordance with NATO plans, defense articles
(1) that are battle tanks, armoured combat vehicles, or artillery
included within the CFE Treaty. s definition of . . conventional
armaments and equipment limited by the Treaty. . ;
(2) that were, as of the date of signature of the CFE Treaty, in the
stocks of the Department of Defense and located in the CFE Treaty. s
area of application; and
(3) that the President determines are not needed by United States
military forces within the CFE Treaty. s area of application.
(Sect. 93)(f) MAINTENANCE OF MILITARY BALANCE IN
THE EASTERN MEDITERRANEAN.. The President shall ensure that
transfers by the United States under subsection (a), taken together with
transfers by other NATO/CFE countries in implementing the CFE Treaty, are
of such valuations so as to be consistent with the United States policy,
embodied in section 620C of the Foreign Assistance Act of 1961, of
maintaining the military balance in the Eastern Mediterranean.
. Except as provided in
paragraph (2), the authority of subsection (a) expires at the end of the
40. month period beginning on the date on which the CFE Treaty enters
into force.
. Paragraph (1)
does not apply with respect to a transfer of defense articles for which
notification under section 94(a) is submitted before the end of the
period described in that paragraph.
CHAPTER 10. NUCLEAR
NONPROLIFERATION CONTROLS
SEC. 101.[346] NUCLEAR
ENRICHMENT TRANSFERS.
(a) PROHIBITIONS;
SAFEGUARDS AND MANAGEMENT.. Except as provided in subsection (b)
of this section, no funds made available to carry out the Foreign
Assistance Act of 1961 or this Act may be used for the purpose of
providing economic assistance (including assistance under chapter 4 of
part II of the Foreign Assistance Act of 1961), providing military
assistance or grant military education and training, providing assistance
under chapter 6 of part II of that Act, or extending military credits or
making guarantees, to any country which the President determines delivers
nuclear enrichment equipment, materials, or technology to any other
country on or after August 4, 1977, or receives such equipment, materials,
or technology from any other country on or after August 4, 1977, unless
before such delivery.
(1) the supplying country and receiving country
have reached agreement to place all such equipment, materials, or
technology, upon delivery, under multilateral auspices and management
when available; and
(2) the recipient country has entered into an
agreement with the International Atomic Energy Agency to place all such
equipment, materials, technology, and all nuclear fuel and facilities in
such country under the safeguards system of such Agency.
SEC. 102.[347] NUCLEAR REPROCESSING TRANSFERS,
ILLEGAL EXPORTS FOR NUCLEAR EXPLOSIVE DEVICES, TRANSFERS OF NUCLEAR
EXPLOSIVE DEVICES, AND NUCLEAR DETONATIONS. (a) PROHIBITIONS ON ASSISTANCE
TO COUNTRIES INVOLVED IN TRANSFER OF NUCLEAR REPROCESSING EQUIPMENT,
MATERIALS, OR TECHNOLOGY; EXCEPTIONS; PROCEDURES APPLICABLE.. (1)
Except as provided in paragraph (2) of this subsection, no funds made
available to carry out the Foreign Assistance Act of 1961 or this Act may
be used for the purpose of providing economic assistance (including
assistance under chapter 4 of part II of the Foreign Assistance Act of
1961), providing military assistance or grant military education and
training, providing assistance under chapter 6 of part II of that Act, or
extending military credits or making guarantees, to any country which the
President determines.
(a)(1)(A) delivers nuclear reprocessing equipment,
materials, or technology to any other country on or after August 4, 1977,
or receives such equipment, materials, or technology from any other
country on or after August 4, 1977 (except for the transfer of
reprocessing technology associated with the investigation, under
international evaluation programs in which the United States participates,
of technologies which are alternatives to pure plutonium reprocessing),
or
(a)(1)(B) is a non-nuclear-weapon state which, on
or after August 8, 1985, exports illegally (or attempts to export
illegally) from the United States any material, equipment, or technology
which would contribute significantly to the ability of such country to
manufacture a nuclear explosive device, if the President determines that
the material, equipment, or technology was to be used by such country in
the manufacture of a nuclear explosive device.
(Sect. 102)(b)
PROHIBITIONS ON ASSISTANCE TO COUNTRIES INVOLVED IN TRANSFER OR USE OF
NUCLEAR EXPLOSIVE DEVICES; EXCEPTIONS; PROCEDURES APPLICABLE..
(1) [348] [NEED TO INCLUDE LINK TO PAGE WITH
TEXT OF Public Notice 2825 and recent legislation waiving sanctions]
Except as provided in paragraphs (4), (5), and
(6), in the event that the President determines that any country, after
the effective date of part B of the Nuclear Proliferation Prevention Act
of 1994.
(b)(1)(A) transfers to a non-nuclear-weapon
state a nuclear explosive device,
(b)(1)(B) is a non-nuclear-weapon state and
either
(1)(B)(i) receives a nuclear explosive
device, or
(1)(B)(ii) detonates a nuclear explosive
device,
(Sect. 102)(b)(1)(C) transfers to a
non-nuclear-weapon state any design information or component which is
determined by the President to be important to, and known by the
transferring country to be intended by the recipient state for use in,
the development or manufacture of any nuclear explosive device,
or
(b)(1)(D) is a non-nuclear-weapon state and
seeks and receives any design information or component which is
determined by the President to be important to, and intended by the
recipient state for use in, the development or manufacture of any
nuclear explosive device, then the President shall forthwith report in
writing his determination to the Congress and shall forthwith impose
the sanctions described in paragraph (2) against that country.
(Sect. 102)(b)(2) The sanctions referred to in
paragraph (1) are as follows:
(b)(2)(A) The United States Government shall
terminate assistance to that country under the Foreign Assistance Act
of 1961, except for humanitarian assistance or food or other
agricultural commodities.
(b)(2)(B) The United States Government shall
terminate.
(2)(B)(i) sales to that country under this
Act of any defense articles, defense services, or design and
construction services, and(ii) licenses for the export to that
country of any item on the United States Munitions List.
(b)(2)(C) The United States Government shall
terminate all foreign military financing for that country under this
Act.
(b)(2)(D) The United States Government shall
deny to that country any credit, credit guarantees, or other financial
assistance by any department, agency, or instrumentality of the United
States Government, except that the sanction of this subparagraph shall
not apply.
(2)(D)(i) to any transaction subject to the
reporting requirements of title V of the National Security Act of
1947 (relating to congressional oversight of intelligence
activities),349
(ii) to medicines, medical equipment, and
350 humanitarian assistance, or 349
(iii) 349 to any credit, credit guarantee, or
financial assistance provided by the Department of Agriculture to support
the purchase of food or other agricultural commodity.
(Sect. 102)(b)(2)(E) The United States
Government shall oppose, in accordance with section 701 of the
International Financial Institutions Act (22 U.S.C. 262d), the
extension of any loan or financial or technical assistance to that
country by any international financial institution.
(b)(2)(F) The United States Government shall
prohibit any United States bank from making any loan or providing any
credit to the government of that country, except for loans or credits
for the purpose of purchasing food or other agricultural commodities,
which includes fertilizer.
(b)(2)(G) The authorities of section 6 of the
Export Administration Act of 1979 shall be used to prohibit exports to
that country of specific goods and technology (excluding food and
other agricultural commodities), except that such prohibition shall
not apply to any transaction subject to the reporting requirements of
title V of the National Security Act of 1947 (relating to
congressional oversight of intelligence activities).
(Sect. 102)(b)(3) As used in this
subsection.
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Foreign Assistance Act of 1961 (PL
87-195)
Part
I
Chapter 8 -
International Narcotics Control
Sec. 481(a)(1)(b)"Under the Single Convention on
Narcotic Drugs, 1961, and under the United Nations Convention Against
Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the parties
are required to criminalize certain drug-related activities, provide
appropriately severe penalties, and cooperate in the extradition of
accused offenders"
(a)(4)"Notwithstanding
any other provision of the law, the President is authorized to furnish
assistance to any country or international organization, on such terms and
conditions as he may determine, for the control
of narcotic and psychotropic drugs...or for other anticrime
purposes."
(481)(e) Definitions....(4) the term "United
States assistance" means...(B) sales, or financing on any terms, under the
Arms Export Control Act..."
Sec. 482. Authorizations
(Sect. 482)(b)PROCUREMENT OF WEAPONS AND AMMUNITION
(482)(b)(1) Prohibition.--Except as provided in
paragraph (2), funds made available to carry out this chapter shall not be
made available for the procurement of weapons or ammunition.
(482)(b)(2) Exceptions.--Paragraph (1) shall not
apply with respect to funds for the procurement of--
(A) weapons or ammunition provided only for the
defensive arming of aircraft used for
narcotics-related purposes, or
(482)(b)(2)(B) firearms and related ammunition
provided only for defensive purposes to
employees or contract personnel of the Department of State engaged in
activities under this chapter, if, at least 15 days before obligating
those funds, the President notifies the appropriate congressional
committees in accordance with the procedures applicable to reprogramming
notifications under section 634A.
SEC. 490 ANNUAL
CERTIFICATION PROCEDURES.
(490)(a) Withholding of Bilateral Assistance and
Opposition to Multilateral Development Assistance.--....
(490)(a)(1) Bilateral assistance --Fifty percent of
the United States assistance allocated each fiscal year in the report
required by section 653 for each major illicit drug producing country or
major drug-transit country shall be withheld from obligation and
expenditure, except as provided in subsection (b). This paragraph shall
not apply with respect to a country if the President determines that its
application to that country would be contrary to the national interest of
the United States, except that any such determination shall not take
effect until at least 15 days after the President submits written
notification of that determination to the appropriate congressional
committees in accordance with the procedures applicable to reprogramming
notifications under section 634A.
(490)(b)Certification Procedures [522]
(b)(1) What must be certified .--Subject to
subsection (d), the assistance withheld from a country pursuant to
subsection (a)(1) may be obligated and expended, and the requirement of
subsection (a)(2) to vote against multilateral development bank assistance
to a country shall not apply, if the President determines and certifies to
the Congress, at the time of the submission of the report required by
section 489(a), that--
(A)[522] during the previous year the country
has cooperated fully with the United States, or has taken adequate steps
on its own, to achieve full compliance with the goals and objectives
established by the United Nations Convention Against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances; or
(B)[522] for a country that would not otherwise
qualify for certification under subparagraph (A), the vital national
interests of the United States require that the assistance withheld
pursuant to subsection (a)(1) be provided.....
(Sect.490)(b)(2) Considerations regarding cooperation
.--In making the determination described in paragraph (1)(A), the
President shall consider the extent to which the country has--
(A) met the goals and objectives of the United
Nations Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances, including action on such issues as illicit
cultivation, production, distribution, sale, transport and financing,
and money laundering, asset seizure, extradition, mutual legal
assistance, law enforcement and transit cooperation, precursor chemical
control, and demand reduction;
(B) accomplished the goals described in an
applicable bilateral narcotics agreement with the United States or a
multilateral agreement; and
(C) taken legal and law enforcement measures to
prevent and punish public corruption, especially by senior government
officials, that facilitates the production, processing, or shipment of
narcotic and psychotropic drugs and other controlled substances, or that
discourages the investigation or prosecution of such acts.
(Sect. 490)(e) Denial of Assistance for Countries
Decertified .--If the President does not make a
certification under subsection (b) with respect to a country or the
Congress enacts a joint resolution disapproving such certification, then
until such time as the conditions specified in subsection (f) are
satisfied--
(1) funds may not be obligated for United
States assistance for that country, and funds previously obligated for
United States assistance for that country may not be expended for the
purpose of providing assistance for that country;.....
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SEC. 498A [575] CRITERIA FOR
ASSISTANCE TO GOVERNMENTS OF THE INDEPENDENT STATES.
(498A)(a) In General.--In providing assistance
under this chapter for the government of any independent state of the
former Soviet Union, the President shall take into account not only
relative need but also the extent to which that independent state is
acting to--
(a)(1) make significant progress toward, and is
committed to the comprehensive implementation of, a democratic system based on principles of the rule of law, individual
freedoms, and representative government determined by free and fair elections;
(a)(2) make significant progress in, and is
committed to the comprehensive implementation of, economic reform based on market principles,
private ownership, and integration into the world economy, including
implementation of the legal and policy frameworks necessary for such
reform (including protection of intellectual property and respect for
contracts);
(a)(3) respect internationally recognized human rights,
including the rights of minorities and the
rights to freedom of religion and emigration;
(a)(4) respect international law and
obligations and adhere to the Helsinki Final Act of the Conference on
Security and Cooperation in Europe and the Charter of Paris, including
the obligations to refrain from the threat or use of force and to settle disputes peacefully;
(a)(5) cooperate in seeking peaceful resolution of ethnic and regional
conflicts;
(a)(6) implement responsible security policies,
including--
(a)(6)(A) adhering to arms control obligations derived from
agreements signed by the former Soviet Union;
(a)(6)(B) reducing military forces and
expenditures to a level consistent with legitimate defense requirements;
(a)(6)(C) not proliferating nuclear, biological, or chemical
weapons, their delivery systems, or related technologies;
and
(a)(6)(D) restraining conventional weapons transfers;
(a)(7) take constructive actions to protect the
international environment, prevent
significant transborder pollution, and promote sustainable use of
natural resources;
(a)(8) deny support for acts of international terrorism;
(a)(9) accept responsibility for paying an
equitable portion of the indebtedness to United States firms incurred by
the former Soviet Union;.....
Sec. 502B
Human Rights
(a)(1)The United States shall, in accordance with
its international obligations as set forth in the Charter of the United
Nations and in keeping with the constitutional heritage and traditions of
the United States, promote and encourage increased respect for human
rights and fundamental freedoms throughout the world without distinction
as to race, sex, language, or religion. Accordingly, a principal goal of
the foreign policy of the United States shall be to promote the increased
observance of internationally recognized human rights by all countries.
(2)Except under circumstances specified in this
section, no security assistance may be provided to any country the
government of which engages in a consistent pattern of gross violations
of internationally recognized human rights. Security assistance may not
be provided to the police, domestic intelligence, or similar law
enforcement forces of a country, and licenses may not be issued under
the Export Administration Act of 1979 for the export of crime control
and detection instruments and equipment to a country, the government of
which engages in a consistent pattern of gross violations of
internationally recognized human rights unless the President certifies
in writing to the Speaker of the House of Representatives and the
chairman of the Committee on Foreign Relations of the Senate and the
chairman of the Committee on Banking, Housing, and Urban Affairs of the
Senate (when licenses are to be issued pursuant to the Export
Administration Act of 1979), that extraordinary circumstances exist
warranting provision of such assistance and issuance of such licenses.
Assistance may not be provided under chapter 5 of this part to a country
the government of which engages in a consistent pattern of gross
violations of internationally recognized human rights unless the
President certifies in writing to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign Relations
of the Senate that extraordinary circumstances exist warranting
provision of such assistance.
(3) In furtherance of paragraphs (1) and (2),
the President is directed to formulate and conduct international
security assistance programs of the United States in a manner which will
promote and advance human rights and avoid identification of the United
States, through such programs, with governments which deny to their
people internationally recognized human rights and fundamental freedoms,
in violation of international law or in contravention of the policy of
the United States as expressed in this section or otherwise.
(4) In determining whether the government of a
country engages in a consistent pattern of gross violations of
internationally recognized human rights, the President shall give
particular consideration to whether the government—
(A) has engaged in or tolerated particularly
severe violations of religious freedom, as defined in section 3 of the
International Religious Freedom Act of 1998; or
(B) has failed to undertake serious and
sustained efforts to combat particularly severe violations of
religious freedom when such efforts could have been reasonably
undertaken.
(b) The Secretary of State shall transmit to the
Congress, as part of the presentation materials for security assistance
programs proposed for each fiscal year, a full and complete report,
prepared with the assistance of the Assistant Secretary of State for
Democracy, Human Rights, and Labor and with the assistance of the Am-
bassador at Large for International Religious Freedom, with respect to
practices regarding the observance of and respect for internationally
recognized human rights in each country proposed as a recipient of
security assistance. Wherever applicable, such report shall include
consolidated information regarding the commission of war crimes, crimes
against humanity, and evidence of acts that may constitute genocide (as
defined in article 2 of the Convention on the Prevention and Punishment of
the Crime of Genocide and modified by the United States instrument of
ratification to that convention and section 2(a) of the Genocide
Convention Implementation Act of 1987). Wherever applicable, such report
shall include information on practices regarding coercion in population
control, including coerced abortion and involuntary sterilization. Such
report shall also include, wherever applicable, information on violations
of religious freedom, including particularly severe violations of
religious freedom (as defined in section 3 of the International Religious
Freedom Act of 1998). Each report under this section shall describe the
extent to which each country has extended protection to refugees,
including the provision of first asylum and resettlement. Each report
under this section shall list the votes of each member of the United
Nations Commission on Human Rights on all country-specific and thematic
resolutions voted on at the Commission’s annual session during the period
covered during the preceding year. In determining whether a government
falls within the provisions of subsection (a)(3) and in the preparation of
any report or statement required under this section, consideration shall
be given to—
(1) the relevant findings of appropriate
international organizations, including nongovernmental organizations,
such as the International Committee of the Red Cross; and
(2) the extent of cooperation by such
government in permitting an unimpeded investigation by any such
organization of alleged violations of internationally recognized human
rights.
(c)(1) Upon the request of the Senate or the House
of Representatives by resolution of either such House, or upon the request
of the Committee on Foreign Relations of the Senate or the Committee on
Foreign Affairs of the House of Representatives, the Secretary of State
shall, within thirty days after receipt of such request, transmit to both
such committees a statement, prepared with the assistance of the Assistant
Secretary of State for Democracy, Human Rights, and Labor, with respect to
the country designated in such request, setting forth—
(A) all the available information about
observance of and respect for human rights and fundamental freedom in
that country, and a detailed description of practices by the recipient
government with respect thereto;
(B) the steps the United States has taken
to—
(i) promote respect for and observance of
human rights in that country and discourage any practices which are
inimical to internationally recognized human rights, and
(ii) publicly or privately call attention to,
and disassociate
the United States and any security
assistance provided for such country from, such practices;
(C) whether, in the opinion of the Secretary
of State, notwithstanding any such practices—
(i) extraordinary circumstances exist which
necessitate a continuation of security assistance for such country,
and, if so, a description of such circumstances and the extent to
which such assistance 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 provide such assistance; and
(D) such other information as such committee
or such House may request.
(2)(A) A resolution of request under paragraph
(1) of this subsection 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.
(B) The term ‘‘certification’’, as used in
section 601 of such Act, means, for the purposes of this subsection, a
resolution of request of the Senate under paragraph (1) of this
subsection.
(3) In the event a statement with respect to a
country is requested pursuant to paragraph (1) of this subsection but is
not transmitted in accordance therewith within thirty days after receipt
of such request, no security assistance shall be delivered to such
country except as may thereafter be specifically authorized by law from
such country unless and until such statement is transmitted.
(4)(A) In the event a statement with respect to
a country is transmitted under paragraph (1) of this subsection, the
Congress may at any time thereafter adopt a joint resolution
terminating, restricting, or continuing security assistance for such
country. In the event such a joint resolution is adopted, such
assistance shall be so terminated, so restricted, or so continued, as
the case may be.
(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.
(d) For the purposes of this section—
(1) the term ‘‘gross violations of
internationally recognized human rights’’ includes torture or cruel,
inhuman, or degrading treatment or punishment, prolonged detention
without charges and trial, causing the disappearance of persons by the
abduction and clandestine detention of those persons,635 and other
flagrant denial of the right to life, liberty, or the security of
person; and
(2) the term ‘‘security assistance’’ means—
(A) assistance under chapter 2 (military
assistance) or chapter 4 (economic support fund) or chapter 5
(military education and training) or chapter 6 (peacekeeping
operations) or chapter 8 (antiterrorism assistance) of this part;
(B) sales of defense articles or services,
extensions of credits (including participations in credits),638 and
guaranties of loans under the Arms Export Control Act; or
(C) any license in effect with respect to the
export of defense articles or defense services to or for the armed
forces, police, intelligence, or other internal security forces of a
foreign country under section 38 of the Arms Export Control Act.
(e) Notwithstanding any other provision of law,
funds authorized to be appropriated under part I of this Act may be made
available for the furnishing of assistance to any country with respect to
which the President finds that such a significant improvement in its human
rights record has occurred as to warrant lifting the prohibition on
furnishing such assistance in the national interest of the United
States.
(f) In allocating the funds authorized to be
appropriated by this Act and the Arms Export Control Act, the President
shall take into account significant improvements in the human rights
records of recipient countries, except that such allocations may not
contravene any other provision of law.
(g) Whenever the provisions of subsection (e) or
(f) of this section are applied, the President shall report to the
Congress before making any funds available pursuant to those subsections.
The report shall specify the country involved, the amount and kinds of
assistance to be provided, and the justification for providing the
assistance, including a description of the significant improvements which
have occurred in the country’s human rights record.
(h) (1) The report required by subsection (b)
shall include the following:
(A) A description of the nature and extent of
severe forms of trafficking in persons, as defined in section 103 of
the Trafficking Victims Protection Act of 2000, in each foreign
country.
(B) With respect to each country that is a
country of origin, transit, or destination for victims of severe forms
of trafficking in persons, an assessment of the efforts by the
government of that country to combat such trafficking. The assessment
shall address the following:
(i) Whether government authorities in that
country participate in, facilitate, or condone such trafficking.
(ii) Which government authorities in that
country are involved in activities to combat such trafficking.
(iii) What steps the government of that
country has taken to prohibit government officials from participating
in, facilitating, or condoning such trafficking, including the
investigation, prosecution, and conviction of such officials.
(iv) What steps the government of that
country has taken to prohibit other individuals from participating in
such trafficking, including the investigation, prosecution, and
conviction of individuals involved in severe forms of trafficking in
persons, the criminal and civil penalties for such trafficking, and
the efficacy of those penalties in eliminating or reducing such
trafficking.
(v) What steps the government of that country
has taken to assist victims of such trafficking, including efforts to
prevent victims from being further victimized by traffickers,
government officials, or others, grants of relief from deportation,
and provision of humanitarian relief, including provision of mental
and physical health care and shelter.
(vi) Whether the government of that country
is cooperating with governments of other countries to extradite
traffickers when requested, or, to the extent that such cooperation
would be inconsistent with the laws of such country or with
extradition treaties to which such country is a party, whether the
government of that country is taking all appropriate measures to
modify or replace such laws and treaties so as to permit such
cooperation.
(vii) Whether the government of that country
is assisting in international investigations of transnational
trafficking networks and in other cooperative efforts to combat severe
forms of trafficking in persons.
(viii) Whether the government of that country
refrains from prosecuting victims of severe forms of trafficking in
persons due to such victims having been trafficked, and refrains from
other discriminatory treatment of such victims.
(ix) Whether the government of that country
recognizes the rights of victims of severe forms of trafficking in
persons and ensures their access to justice.
(C) Such other information relating to
trafficking in persons as the Secretary of State considers
appropriate.
(2) In compiling data and making assessments
for the purposes of paragraph (1), United States diplomatic mission
personnel shall consult with human rights organizations and other
appropriate nongovernmental organizations.
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Chapter 2 - Military
Assistance Sec. 505
Conditions of Eligibility
(505)(a) In addition to such other provisions as
the President may require, no defense articles or related training or
other defense service shall be furnished to any country on a grant basis
unless it shall have agreed that--
(a)(1) it will not, without the consent of the
President....
(a)(1)(B) transfer, or permit any officer,
employee, or agent of that country to transfer such articles or related
training or other defense service by gift, sale, or otherwise, or
(a)(1)(C) use or permit the use of such
articles or related training or other defense service for purposes other
than those for which furnished;.....
(505)(b) No defense articles shall be furnished on
a grant basis to any country at a cost in excess of $3,000,000 in any
fiscal year unless the President determines--
(b)(1) that such country conforms to the
purposes and principles of the Charter of the
United Nations;
(b)(2) that such defense articles will be
utilized by such country for the maintenance of its own defensive strength, or the defensive strength
of the free world;
(b)(3) that such country is taking all
reasonable measures, consistent with its political and economic
stability, which may be needed to develop its defense capacities; and
(b)(4) that the increased ability of such
country to defend itself is important to the security of the United
States.
(505)(c)
The President shall regularly reduce and, with such deliberate speed as
orderly procedure and other relevant considerations, including prior
commitments, will permit, shall terminate all further grants of military
equipment and supplies to any country having sufficient wealth to enable
it, in the judgment of the President, to maintain and equip its own
military forces at adequate strength, without undue burden to its economy.
(505)(d)(1) Assistance and deliveries of
assistance under this chapter to any country shall be terminated as
hereinafter provided, if such country uses defense articles or defense
services furnished under this Act, the Mutual Security Act of 1954, or any
predecessor Foreign Assistance Act, in substantial violation (either in
terms of quantities or in terms of the gravity of the consequences
regardless of the quantities involved) of any agreement entered into
pursuant to any such Act (A) by using such articles or services for a
purpose not authorized under section 502 or, if such agreement provides
that such articles or services may only be used for purposes more limited
than those authorized under section 502, for a purpose not authorized
under such agreement; (B) by transferring such articles or services to, or
permitting any use of such articles or services by, anyone not an officer,
employee, or agent of the recipient country without the consent of the
President; or(C) by failing to maintain the security of such articles or
services.
(505)(e) In considering a request for approval of
any transfer of any weapon, weapons system, munitions, aircraft, military
boat, military vessel, or other implement of war to another country, the
President shall not give his consent under subsection (a)(1) or (a)(4) to
the transfer unless the United States itself would transfer the defense
article under consideration to that country. In addition, the President
shall not give his consent under subsection (a)(1) or (a)(4) to the
transfer of any significant defense articles on the United States
Munitions List unless the foreign country requesting consent to transfer
agrees to demilitarize such defense articles prior to transfer, or the
proposed recipient foreign country provides a commitment in writing to the
United States Government that it will not transfer such defense articles
if not demilitarized, to any other foreign country or person without first
obtaining the consent of the President....
(505)(g)(1) It is the policy of the United States
that no assistance under this chapter should be furnished to 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 the Internal Revenue Code of 1954) from participating in
the furnishing of defense articles or defense services under this chapter
on the basis of race, religion, national origin, or sex..... Sec. 511.
Considerations in Furnishing Military Assistance. Decisions to furnish
military assistance made under this part shall take into account whether
such assistance will
(511)(1) contribute to an arms race;
(2) increase the possibility of outbreak or escalation of conflict; or
(3) prejudice the development of bilateral or
multilateral arms control arrangements.
Sec. 516. [693] AUTHORITY TO
TRANSFER EXCESS DEFENSE ARTICLES.
(516)(a) AUTHORIZATION. The President is
authorized to transfer excess defense articles under this section to
countries for which receipt of such articles was justified pursuant to the
annual congressional presentation documents for military assistance
programs, or for programs under chapter 8 of part I of this Act, submitted
under section 634 of this Act, or for which receipt of such articles was
separately justified to the Congress, for the fiscal year in which the
transfer is authorized.
(516)(b) LIMITATIONS ON TRANSFERS (1) The
President may transfer excess defense articles under this section only
if.....
(b)(1)(E) the President determines that the
transfer of such articles will not have an adverse impact on the
national technology and industrial base and, particularly, will not
reduce the opportunities of entities in the national technology and industrial base to sell
new or used equipment to the countries to which such articles are
transferred; and
(b)(1)(F) the transfer of such articles is
consistent with the policy framework for the Eastern Mediterranean
established under section 620C of this Act.
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CHAPTER 4. ECONOMIC SUPPORT FUND
Sec. 531. AUTHORITY.
(531)(e) Amounts appropriated to carry out this chapter shall be available for economic programs
and may not be used for military or paramilitary purposes.
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CHAPTER 5. INTERNATIONAL MILITARY EDUCATION AND
TRAINING
Sec. 541 General Authority The President is
authorized to furnish, on such terms and conditions consistent with this
Act as the President may determine (but whenever feasible on a
reimbursable basis), military education and training to military and
related civilian personnel of foreign countries. Such civilian personnel
shall include foreign governmental personnel of ministries other than
ministries of defense, and may also include legislators and individuals
who are not members of the government, if the military education and
training would (i) contribute to responsible
defense resource management,(ii) foster greater respect for and
understanding of the principle of civilian control
of the military, (iii) contribute to cooperation between military and
law enforcement personnel with respect to counternarcotics law enforcement efforts, or (iv)
improve military justice systems and
procedures in accordance with internationally
recognized human rights [738]
620 Chapter 8.
Antiterrorism
Assistance Sec. 571.
General Authority. Notwithstanding any other provision of law
that restricts assistance to foreign countries (other than sections 502B
and 620A of this Act), the President is authorized to furnish, on such
terms and conditions as the President may determine, assistance to foreign
countries in order to enhance the ability of their law enforcement
personnel to deter terrorists and terrorist groups from engaging in
international terrorist acts such as bombing, kidnaping, assassination,
hostage taking, and hijacking. Such assistance may include training
services and the provision of equipment and other commodities related to
bomb detection and disposal, management of hostage situations, physical
security, and other matters relating to the detection, deterrence, and
prevention of acts of terrorism, the resolution of terrorist incidents,
and the apprehension of those involved in such acts.
Sec. 572. Purposes.
-Activities conducted under this chapter shall be designed-
(Sect. 572)(1) to enhance the antiterrorism
skills of friendly countries by providing training and equipment to
deter and counter terrorism;
(2) to strengthen the bilateral ties of the
United States with friendly governments by offering concrete assistance
in this area of great mutual concern; and (3) to increase respect for
human rights by sharing with foreign civil authorities modern, humane,
and effective antiterrorism techniques.
Sec. 573. Limitations. (a) Whenever the
President determines it to be consistent with and in furtherance of the
purposes of this chapter, and on such terms and conditions consistent with
this Act as he may determine, any agency of the United States Government
is authorized to furnish services and commodities, without charge to funds
available to carry out this chapter, to an eligible foreign country,
subject to payment in advance of the value thereof (within the meaning of
section 644(m)) in United States dollars by the foreign country. Credits
and the proceeds of guaranteed loans made available to such countries
pursuant to the Arms Export Control Act shall not be used for such
payments. Collections under this chapter shall be credited to the
currently applicable appropriation, account, or fund of the agency
providing such services and commodities and shall be available for the
purposes for which such appropriation, account, or fund is authorized to
be used.....
Sect. 573[775](c)(1) Arms and
ammunition may be provided under this chapter only if they are directly
related to antiterrorism assistance.
Sec. 584. INTERNATIONAL NONPROLIFERATION EXPORT CONTROL TRAINING.
584(a) GENERAL AUTHORITY- The President is authorized to furnish, on such terms and conditions
consistent with this chapter (but whenever feasible on a reimbursable basis), education and training
to appropriate military and civilian personnel of foreign countries for the purpose of enhancing the
nonproliferation and export control capabilities of such personnel through their attendance in
special courses of instruction conducted by the United States.
584(b) ADMINISTRATION OF COURSES- The Secretary of State shall have overall responsibility for the
development and conduct of international nonproliferation education and training programs under this
section, and may utilize other departments and agencies of the United States, as appropriate, to
recommend personnel for the education and training and to administer specific courses of instruction.
584(c) PURPOSES- Education and training activities conducted under this section shall be--
(1) of a technical nature, emphasizing techniques for detecting, deterring, monitoring, interdicting,
and countering proliferation;
(2) designed to encourage effective and mutually beneficial relations and increased understanding
between the United States and friendly countries; and
(3) designed to improve the ability of friendly countries to utilize their resources with maximum
effectiveness, thereby contributing to greater self-reliance by such countries.
(d) PRIORITY TO CERTAIN COUNTRIES- In selecting personnel for education and training pursuant to
this section, priority should be given to personnel from countries determined by the Secretary of
State to be countries frequently transited by proliferation-related shipments of cargo.
PART III
Chapter 1 [863]
General Provisions
Sec.
620.[863][note: Footnote 863 identifies the
preconditions and procedure for lifting the economic embargo of
Cuba]
Prohibitions Against Furnishing
Assistance
(620)(a)(1) No assistance shall be furnished under
this Act to the present government of Cuba. As
an additional means of implementing and carrying into effect the policy of
the precedingsentence, the President is authorized to establish and
maintain a total embargo upon all trade between the United States and
Cuba. (2) 867 Except as may be deemed necessary by the President in the
interest of the United States, no assistance shall be furnished under this
Act to any government of Cuba, nor shall Cuba be entitled to receive any
quota authorizing the importation of Cuban sugar into the United States or
to receive any other benefit under any law of the United States, until the
President determines that such government has taken appropriate steps
according to international law standards to return to United States
citizens, and to entities not less than 50 per centum beneficially owned
by United States citizens, or to provide equitable compensation to such
citizens and entities for property taken from such citizens and entities
on or after January 1, 1959, by the Government of Cuba.
(620)(c) No assistance shall be provided under
this Act to the government of any country which is indebted to any United
States citizen or person for goods or services furnished or ordered where
(i) such citizen or person has exhausted available legal remedies, which
shall include arbitration, or (ii) the debt is not denied or contested by
such government, or (iii) such indebtedness arises under an unconditional
guaranty of payment given by such government, or any predecessor
government, directly or indirectly, through any controlled entity:
Provided, That the President does not find such action contrary to the
national security....
(d) No assistance shall be furnished on a loan
basis under chapter 1 of part I of this Act for construction or operation
of any productive enterprise in any country where such enterprise will
compete with United States enterprise unless such country has agreed that
it will establish appropriate procedures to prevent the exportation for
use or consumption in the United States of more than 20 per centum of the
annual production of such facility during the life of the loan. In case of
failure to implement such agreement by the other contracting party, the
President is authorized to establish necessary import controls to
effectuate the agreement. The restrictions imposed by or pursuant to this
subsection may be waived by the President where he determines that such
waiver is in the national security interest. (e) (1) The President
shall suspend assistance to the government of any country to which
assistance is provided under this or any other Act when the government of
such country or any government agency or subdivision within such country
on or after January 1, 1962—
(A) has nationalized or expropriated or seized
ownership or control of property owned by any United States citizen or
by any corporation, partnership, or association not less than 50 per
centum beneficially owned by United States citizens, or
(B) has taken steps to repudiate or nullify
existing contracts or agreements with any United States citizen or any
corporation, partnership, or association not less than 50 per centum
beneficially owned by United States citizens, or
(C) has imposed or enforced discriminatory
taxes or other exactions, or restrictive maintenance or operational
conditions, or has taken other actions, which have the effect of
nationalizing, expropriating, or otherwise seizing ownership or control
of property so owned,
and such country, government agency, or
government subdivision fails within a reasonable time (not more than six
months after such action, or, in the event of a referral to the Foreign
Claims Settlement Commission of the United States within such period as
provided herein, not more than twenty days after the report of the
Commission is received) to take appropriate steps, which may include
arbitration, to discharge its obligations under international law toward
such citizen or entity, including speedy compensation for such property
in convertible foreign exchange, equivalent to the full value thereof,
as required by international law, or fails to take steps designed to
provide relief from such taxes, exactions, or conditions, as the case
may be; and such suspension shall continue until the President is
satisfied that appropriate steps are being taken, and the provisions of
this subsection shall not be waived with respect to any country unless
the President determines and certifies that such a waiver is important
to the national interests of the United States. Such certification shall
be reported immediately to Congress....
(sect.
620)(f)(1) 880
No assistance shall be furnished under this Act, as amended (except
section 214(b)), to any Communist country.
This restriction may not be waived pursuant to any authority contained in
this Act unless the President finds and promptly reports to Congress that:
(A) such assistance is vital to the security of the United States; (B) the
recipient country is not controlled by the international Communist
conspiracy; and (C) such assistance will further promote the independence
of the recipient country from international communism. For the purposes of
this subsection, the phrase ‘‘Communist country’’ includes specifically,
but is not limited to, the following countries: [881]
Democratic People’s Republic of Korea.
People’s Republic of China.
Republic of Cuba.
Socialist
Republic of Vietnam.
Tibet....
(f)(2) Notwithstanding the provisions of paragraph
(1) of this subsection, the President may remove a country, for such
period as the President determines, from the application of this
subsection, and other provisions which reference this subsection, if the
President determines and reports to the Congress that such action is
important to the national interest of the United States. It is the sense
of the Congress that when consideration is given to authorizing assistance
to a country removed from the application of this subsection, one of the
factors to be weighed, among others, is whether the country in question is
giving evidence of fostering the establishment of a genuinely democratic system, with respect for internationally recognized human rights.
(sect. 620)(g) Notwithstanding any other provision
of law, no monetary assistance shall be made available under this Act to
any government or political subdivision or agency of such government which
will be used to compensate owners for expropriated or nationalized
property and, upon finding by the President that such assistance has been
used by any government for such purpose, no further assistance under this
Act shall be furnished to such government until appropriate reimbursement
is made to the United States for sums so diverted. This prohibition shall
not apply to monetary assistance made available for use by a government
(or a political subdivision or agency of a government) to compensate
nationals of that country in accordance with a land reform program, if the
President determines that monetary assistance for such land reform program
will further the national interests of the United States.
(sect. 620)(h) The President shall adopt
regulations and establish procedures to insure that United States foreign
aid is not used in a manner which, contrary to the best interests of the
United States, promotes or assists the foreign aid projects or activities
of any country that is a Communist country for
purposes of subsection (f)....
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(sect. 620)(j) The President shall consider
terminating assistance under this or any other Act to any country which
permits, or fails to take adequate measures to prevent, the damage or
destruction by mob action of United States property within such country,
and fails to take appropriate measures to prevent a recurrence thereof and
to provide adequate compensation for such damage or destruction....
(sect. 620)(l) The President shall consider
denying assistance under this Act to the government of any less developed
country which, after December 31, 1966, has failed to enter into an
agreement with the President to institute the investment guaranty program
under section 234(a)(1) of this Act, providing protection against the
specific risks of inconvertibility under subparagraph (A), and
expropriation or confiscation under subparagraph (B), of such section
234(a)(1)....
(sect. 620)(q)
[895] No assistance
shall be furnished under this Act to any country which is in default,
during a period in excess of six calendar months, in payment to the United
States of principal or interest on any loan made to such country under
this Act, unless such country meets its obligations under the loan or
unless the President determines that assistance to such country is in the
national interest and notifies the Speaker of the House of Representatives
and the Committee on Foreign Relations of the Senate of such
determination.
(sect.
620)(s)(1) In order to restrain arms races and
proliferation of sophisticated weapons, and to
ensure that resources intended for economic
development are not diverted to military purposes, the President shall
take into account before furnishing development loans, Alliance loans or
supporting assistance to any country under this Act, and before making
sales under the Agricultural Trade Development and Assistance Act of 1954,
as amended:
(s)(1)(A) the percentage of the recipient or purchasing country's
budget which is devoted to military purposes; and
(s)(1)(B) the degree to which the recipient or
purchasing country is using its foreign exchange or other resources to
acquire military equipment.
(s)(2) 899 The President shall report annually
to the Speaker of the House of Representatives and the Committee on
Foreign Relations of the Senate his actions in carrying out this
provision.[899]
(sect. 620)(t) No assistance shall be furnished
under this or any other Act and no sales shall be made under the
Agricultural Trade Development and Assistance Act of 1954, in or to any
country which has severed or hereafter severs diplomatic relations with the United States or
with which the United States has severed or hereafter severs diplomatic
relations, unless (1) diplomatic relations have been resumed with such
country and (2) agreements for the furnishing of such assistance or the
making of such sales, as the case may be, have been negotiated and entered
into after the resumption of diplomatic relations with such country.
(Sect.
620)(u) In any decision to provide or continue to provide any program of
assistance to any country under the Foreign Assistance Act of 1961, as
amended, there shall be taken into account the status of the country with
respect to its dues, assessments, and other obligations to the United Nations; and where such country is
delinquent with respect to any such obligations for the purposes of the
first sentence of Article 19 of the United Nations Charter, the President
shall furnish the Committee on Foreign Relations of the Senate and the
Speaker of the House of Representatives a report setting forth the
assurance given by the government of the country concerned of paying all
of its arrearages and of placing its payments of such obligations on a
current basis, or a full explanation of the unusual or exceptional
circumstances which render it economically incapable of giving such
assurance....
(Sect. 620)(x) [903][note:
footnote 903 reads "903 Subsec. (x) was added by sec. 22 of the FA Act of
1974. Sec. 13(a) of the International Security Assistance Act of 1978
(Public Law 95–384; 92 Stat. 737) specified that subsec. (x) would be of
no further force and effect once the President had determined and
certified to the Congress that resumption of aid to Turkey was in the
national interest as well as in the interest of NATO and that Turkey was
acting in good faith toward achieving a peaceful settlement of the Cyprus
problem. The President made such a determination, dated September 26,
1978.]
[903](x)(1) All military
assistance, all sales of defense articles and services (whether for cash
or by credit, guaranty, or any othermeans), and all licenses with respect
to the transportation of arms, ammunitions, and implements of war
(including technical data relating thereto) to the Government of Turkey,
shall be suspended on the date of enactment of this subsection unless and
until the President determines and certifies to the Congress that the
Government of Turkey is in compliance with the Foreign Assistance Act of
1961, the Foreign Military Sales Act,[renamed the
Arms Export Control Act] and any agreement entered into under such
Acts, and that substantial progress toward agreement has been made
regarding military forces in Cyprus: Provided, That for the fiscal year
1978 905 the President may suspend the provisions of this subsection and
of section 3(c) of the Arms Export Control Act with respect to cash sales
and extensions of credits and guaranties under such Act for the
procurement of such defense articles and defense services as the President
determines are necessary to enable Turkey to fulfill her defense
responsibilities as a member of the North Atlantic Treaty Organization....
Any such suspension shall be effective only so long as Turkey observes the cease-fire on Cyprus, does
not increase its military forces or its civilian population on Cyprus, and
does not transfer to Cyprus any United States supplied arms, ammunition,
or implements of war. The determination required by the proviso in the
first sentence of this paragraph shall be made, on a caseby- case basis,
with respect to each cash sale, each approval for use of credits, and each
approval for use of a guaranty for Turkey. Each such determination shall
be reported to the Congress and shall be accompanied by a full and
complete statement of the reasons supporting the President's determination
and a statement containing the information specified in clauses (A)
through (D) of section 2(c)(4) of the Act of October 6, 1975 (Public Law
94. 104). In any case involving the sale of significant combat equipment
on the United States Munitions List in which the congressional review
provisions of section 36(b) of the Arms Export Control Act do not apply,
the President may not issue the letter of offer or approve the use of the
credits or guaranty, as the case may be, until the end of the thirty-day
period beginning on the date on which the report required by the preceding
sentence is submitted to the Congress....
Sec. 620A [914] Prohibition on
Assistance to Governments Supporting International Terrorism
(a) PROHIBITION. The United States shall not
provide any assistance under this Act, the Agricultural Trade Development
and Assistance Act of 1954, the Peace Corps Act, or the Export-Import Bank
Act of 1945 to any country if the Secretary of State determines that the
government of that country has repeatedly provided support for acts of
international terrorism.....
Sec. 620C. United States Policy Regarding the
Eastern Mediterranean
(620C)(a) The Congress declares that the
achievement of a just and lasting Cyprus settlement is and will remain a
central objective of United States foreign policy. The Congress further
declares that any action of the United States with respect to section
620(x) of this Act shall not signify a lessening of the United States
commitment to a just solution to the conflict on Cyprus but is authorized
in the expectation that this action will be conducive to achievement of a
Cyprus solution and a general improvement in relations among Greece,
Turkey, and Cyprus and between those countries and the United States. The
Congress finds that
(a)(1) a
just settlement on Cyprus must involve the establishment of a free and
independent government on Cyprus and must guarantee that the human
rights of all of the people of Cyprus are fully protected;
(a)(2) a just settlement on Cyprus must include
the withdrawal of Turkish military forces from Cyprus;
(a)(3) the guidelines for inter-communal talks
agreed to in Nicosia in February 1977 and the United Nations resolutions
regarding Cyprus provide a sound basis for negotiation of a just
settlement on Cyprus;
(a)(4) serious negotiations, under United
Nations auspices, will be necessary to achieve agreement in, and
implementation of, constitutional and territorial terms within such
guidelines; and....
(620C)(b) United States policy regarding Cyprus,
Greece, and Turkey shall be directed toward the restoration of a stable
and peaceful atmosphere in the Eastern Mediterranean region and shall
therefore be governed by the following principles:
(b)(1) The United States shall actively support
the resolution of differences through negotiations and internationally
established peaceful procedures, shall encourage all parties to avoid
provocative actions, and shall strongly oppose any attempt to resolve
disputes through force or threat of force.
(b)(2) The United States will accord full
support and high priority to efforts, particularly those of the United
Nations, to bring about a prompt, peaceful settlement on Cyprus.
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