Eligibility Criteria Legislation Footnotes


Legislationfootnotes

FAA [522] - "In Presidential Determination No. 2001–12 of March 1, 2001 (66 F.R. 14454), the President stated the following:
‘‘By virtue of the authority vested in me by section 490(b)(1)(A) of the Foreign Assistance Act of 1961, as amended (‘the Act’), I hereby determine and certify that the following major illicit drug producing and/or major illicit drug transit countries have cooperated fully with the United States, or have taken adequate steps on their own, to achieve full compliance with the goals and objectives of the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances:
‘‘The Bahamas, Bolivia, Brazil, People’s Republic of China, Colombia, Dominican Republic, Ecuador, Guatemala, India, Jamaica, Laos, Mexico, Nigeria, Pakistan, Panama, Paraguay, Peru, Thailand, Venezuela, and Vietnam
‘‘By virtue of the authority vested in me by section 490(b)(1)(B) of the Act, I hereby determine and certify that, for the following major illicit drug producing and/or major illicit drug transit countries that do not qualify for certification under section 490(b)(1)(A), the vital national interests of the United States require that assistance not be withheld and that the United States not vote against multilateral development bank assistance:
‘‘Cambodia and Haiti
‘‘Analysis of the relevant U.S. vital national interests and risks posed thereto, as required under Section 490(b)(3) of the Act, is attached for these countries.
I have determined that the following major illicit drug producing and/or major illicit drug transit countries do not meet the standards for certification set forth in section 490(b): ‘‘Afghanistan and Burma
‘‘In making these determinations, I have considered the factors set forth in section 490 of the Act, based on the information contained in the International Narcotics Control Strategy Report of 2001. Given that the performance of each of these countries has differed, I have attached an explanatory statement for each of the countries subject to this determination.’’."

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FAA [575] - 22 U.S.C. 2295a. Sec. 907 of the FREEDOM Support Act (Public Law 102–511; 106 Stat. 3357) provided the following restriction:
‘‘SEC. 907. RESTRICTION ON ASSISTANCE TO AZERBAIJAN.
‘‘United States assistance under this or any other Act (other than assistance under title V of this Act) may not be provided to the Government of Azerbaijan until the President determines, and so reports to the Congress, that the Government of Azerbaijan is taking demonstrable steps to cease all blockades and other offensive uses of force against Armenia and Nagorno-Karabakh.’’.
See also footnote at sec. 498C.
576 Section 2(c) of Executive Order 12884 of December 1, 1993 (58 F.R. 64099; December 3, 1993) delegated to the Coordinator (as established in sec. 102 of the FREEDOM Support Act; 22 U.S.C. 5812) those functions conferred upon the President in sections 498A(a), 498B(c) and 498B(g).

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FAA [693] - "22 U.S.C. 2321j. Sec. 104(a) of Public Law 104–164 (110 Stat. 1424) amended and restated sec. 516.
The earlier form of sec. 516, relating to the modernization of defense capabilities of countries of NATO’s southern flank, was added by sec. 1101 of Public Law 99–661 (100 Stat. 3960). Prior to that, sec. 516, added by sec. 105 of Public Law 94–329 and amended by sec. 7(b) of Public Law 95–384, sec. 5(c) of Public Law 96–92, and sec. 112(d) of Public Law 96–533, was repealed by sec. 110(d) of the International Security and Development Cooperation Act of 1981 (Public Law 97–113; 95 Stat. 1526). Sec. 516 had required the termination of authorities contained in this chapter (except for authorities in secs. 506, 514, and 515) as of September 30, 1982, except to the extent Congress might authorize military assistance in specified amounts for specified countries.
The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000, enacted by reference in sec. 101(a) of Public Law 106–429; 114 Stat. 1900A–30), provided the following:
‘‘NOTIFICATION OF EXCESS DEFENSE EQUIPMENT
‘‘SEC. 524. Prior to providing excess Department of Defense articles in accordance with section 516(a) of the Foreign Assistance Act of 1961, the Department of Defense shall notify the Committees on Appropriations to the same extent and under the same conditions as are other committees pursuant to subsection (f ) of that section: Provided, That before issuing a letter of offer to sell excess defense articles under the Arms Export Control Act, the Department of Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees: Provided further, That such Committees shall also be informed of the original acquisition cost of such defense articles.’’.
The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (sec. 101(c) of title I of Public Law 104–208; 110 Stat. 3009), provided the following: ‘‘MEDITERRANEAN EXCESS DEFENSE ARTICLES
‘‘SEC. 535. For the four-year period beginning on October 1, 1996, the President shall ensure that excess defense articles will be made available under section 516 and 519 of the Foreign Assistance Act of 1961 consistent with the manner in which the President made available excess defense articles under those sections during the four-year period that began on October 1, 1992, pursuant to section 573(e) of the Foreign Operations, Export Financing, Related Programs Appropriations Act, 1990.’’.

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FAA [738] - "Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101–513; 104 Stat. 1997), added this sentence. Sec. 111 of Public Law 104–164 (110 Stat. 1427) provided the following ‘SEC. 111. ASSISTANCE FOR INDONESIA. ‘‘Funds made available for fiscal years 1996 and 1997 to carry out chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.) may be obligated for Indonesia only for expanded military and education training that meets the requirements of clauses (i) through (iv) of the second sentence of section 541 of such Act (22 U.S.C. 2347).’’.]

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FAA [775] - Subsec. (c), redesignated from subsec. (d) by sec. 121(b)(3) of Public Law 104–164 (110 Stat. 1428), was amended and restated by sec. 328(a)(2) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104–132; 110 Stat. 1257). Portions were amended and restated earlier by sec. 213(b) of Public Law 101–604 (104 Stat. 3086), sec. 507 of Public Law 99–399 (100 Stat. 873).
In view of amendments to this subsection by Public Law 104–132, amendments contained in sec. 121(b)(4) of Public Law 104–164 (110 Stat. 1428) cannot be executed. Sec. 121(b)(4) of that Public Law required:
‘‘(b) LIMITATIONS.—Section 573 of such Act (22 U.S.C. 2349aa–2) is amended— * * *
‘‘(4) in subsection (c) (as redesignated)—
‘‘(A) by striking paragraphs (1) and (2);
‘‘(B) by redesignating paragraphs (3) through (5) as paragraphs (1) through (3), respectively; and
‘‘(C) by amending paragraph (2) (as redesignated) to read as follows:
‘‘(2)(A) Except as provided in subparagraph (B), funds made available to carry out this chapter
shall not be made available for the procurement of weapons and ammunition.
‘‘(B) Subparagraph (A) shall not apply to small arms and ammunition in categories I and III of the United States Munitions List that are integrally and directly related to antiterrorism training provided under this chapter if, at least 15 days before obligating those funds, the President notifies the appropriate congressional committees specified in section 634A of this Act in accordance with the procedures applicable to reprogramming notifications under such section.
‘‘(C) The value (in terms of original acquisition cost) of all equipment and commodities provided under this chapter in any fiscal year may not exceed 25 percent of the funds made available to carry out this chapter for that fiscal year.’’.

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FAA [863] - "22 U.S.C. 2370. Sec. 204 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Public Law 104–114; 110 Stat. 810; 22 U.S.C. 6064) provided the following:
‘‘SEC. 204. TERMINATION OF THE ECONOMIC EMBARGO OF CUBA.
‘‘(a) PRESIDENTIAL ACTIONS.—Upon submitting a determination to the appropriate congressional committees under section 203(c)(1) that a transition government in Cuba is in power, the President, after consultation with the Congress, is authorized to take steps to suspend the economic embargo of Cuba and to suspend the right of action created in section 302 with respect to actions thereafter filed against the Cuban Government, to the extent that such steps contribute to a stable foundation for a democratically elected government in Cuba.
‘‘(b) SUSPENSION OF CERTAIN PROVISIONS OF LAW.—In carrying out subsection (a), the President may suspend the enforcement of—
‘‘(1) section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a));
‘‘(2) section 620(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(f)) with respect to the ‘‘Republic of Cuba’’;
‘‘(3) sections 1704, 1705(d), and 1706 of the Cuban Democracy Act of 1992 (22 U.S.C. 6003, 6004(d), and 6005);
‘‘(4) section 902(c) of the Food Security Act of 1985; and
‘‘(5) the prohibitions on transactions described in part 515 of title 31, Code of Federal Regulations. ‘‘(c) ADDITIONAL PRESIDENTIAL ACTIONS.—Upon submitting a determination to the appropriate congressional committees under section 203(c)(3) that a democratically elected government in Cuba is in power, the President shall take steps to terminate the economic embargo of Cuba, including the restrictions under part 515 of title 31, Code of Federal Regulations.
‘‘(d) CONFORMING AMENDMENTS.—On the date on which the President submits a determination under section 203(c)(3)—
‘‘(1) section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed;
‘‘(2) section 620(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(f)) is amended by striking ‘‘Republic of Cuba’’;
‘‘(3) sections 1704, 1705(d), and 1706 of the Cuban Democracy Act of 1992 (22 U.S.C. 6003, 6004(d), and 6005) are repealed; and
‘‘(4) section 902(c) of the Food Security Act of 1985 is repealed.
‘‘(e) REVIEW OF SUSPENSION OF ECONOMIC EMBARGO.—
‘‘(1) REVIEW.—If the President takes action under subsection (a) to suspend the economic embargo of Cuba, the President shall immediately so notify the Congress. The President shall report to the Congress no less frequently than every 6 months thereafter, until he submits a determination under section 203(c)(3) that a democratically elected government in Cuba is in power, on the progress being made by Cuba toward the establishment of such a democratically elected government. The action of the President under subsection (a) shall cease to be effective upon the enactment of a joint resolution described in paragraph (2). ‘‘(2) JOINT RESOLUTIONS.—For purposes of this subsection, the term ‘joint resolution’ means only a joint resolution of the 2 Houses of Congress, the matter after the resolving clause of which is as follows: ‘That the Congress disapproves the action of the President under section 204(a) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 to suspend the economic embargo of Cuba, notice of which was submitted to the Congress on llll.’, with the blank space being filled with the appropriate date.
‘‘(3) REFERRAL TO COMMITTEES.—Joint resolutions introduced in the House of Representatives shall be referred to the Committee on International Relations and joint resolutions introduced in the Senate shall be referred to the Committee on Foreign Relations.
‘‘(4) PROCEDURES.—(A) Any joint 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.
‘‘(B) For the purpose of expediting the consideration and enactment of joint resolutions, a motion to proceed to the consideration of any joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.
‘‘(C) Not more than 1 joint resolution may be considered in the House of Representatives and the Senate in the 6–month period beginning on the date on which the President notifies the Congress under paragraph (1) of the action taken under subsection (a), and in each 6– month period thereafter.’’.

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FAA [880] - "....The Secretary of State determined the following countries to be removed from the application of section 620(f)(2) pursuant to national interests of the United States: People’s Republic of China and Tibet, removed December 11, 1985 (51 F.R. 1890; January 15, 1986); Yugoslavia, removed August 5, 1986 (51 F.R. 29662; August 19, 1986); Poland and Hungary, removed Sept. 7, 1989 (Department of State memoranda to Chairman, House Committee on Foreign Affairs, Sept. 7, 1989); Czech and Slovak Federal Republic, removed June 14, 1990 (55 F.R. 24335; June 15, 1990); German Democratic Republic, removed July 12, 1990 (55 F.R. 33996; August 20, 1990); Republic of Bulgaria, removed May 3, 1991 (56 F.R. 22747; May 16, 1991); Soviet Union, removed September 10, 1991 (56 F.R. 51734; October 15, 1991); Estonia, Latvia, and Lithuania, removed September 14, 1991 (56 F.R. 48600; September 25, 1991); Romania, removed August 15, 1991 (56 F.R. 63753; December 5, 1991); Laos, removed May 12, 1995 (60 F.R. 30148; June 7, 1995); Vietnam, removed sometime in 2000 (undated unpublished determination).

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FAA [881] - "Sec. 573 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995 (Public Law 103–306; 108 Stat. 1653), struck the Mongolian People’s Republic from the list.
Previously, Sec. 901 of the FREEDOM Support Act (Public Law 102–511; 106 Stat. 3355) struck the Czechoslovak Socialist Republic, Estonia, German Democratic Republic, Hungarian People’s Republic, Latvia, Lithuania, People’s Republic of Albania, People’s Republic of Bulgaria, Polish People’s Republic, Socialist Federal Republic of Yugoslavia, Socialist Republic of Romania, and Union of Soviet Socialist Republics (including its captive constituent republics) from the list....

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FAA [895]Subsecs. (q) and (r) were added by sec. 301(h)(5) of the FA Act of 1966. The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000, enacted by reference in sec. 101(a) of Public Law 106–429; 114 Stat. 1900A–25), provided the following:
‘‘LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
‘‘SEC. 512. No part of any appropriation contained in this Act shall be used to furnish assistance to any country which is in default during a period in excess of one calendar year in payment to the United States of principal or interest on any loan made to the government of such country by the United States pursuant to a program for which funds are appropriated under this Act: Provided, That this section and section 620(q) of the Foreign Assistance Act of 1961 shall not apply to funds made available for any narcotics-related assistance for Colombia, Bolivia, and Peru authorized by the Foreign Assistance Act of 1961 or the Arms Export Control Act.’’.
See also in that Act sec. 522—Child Survival and Disease Prevention Activities; and sec. 556—Special Debt Relief for the Poorest.
On February 19, 1999, the Deputy Secretary of State determined ‘‘that furnishing assistance to Honduras is in the national interest and that the Section’s prohibition on assistance is waived.’’ (Department of State Public Notice 3017; 64 F.R. 15197).

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FAA [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.

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FAA [914] "Section 620A was added by sec. 303 of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94–329; 90 Stat. 753). It was amended and restated by sec. 503(a) of the International Security and Development Cooperation Act of 1985 (Public Law 99–83; 99 Stat. 220). It was further amended and restated by sec. 5 of the Anti-Terrorism and Arms Export Amendments Act of 1989 (Public Law 101–222; 103 Stat. 1897).
Section 10 of the Anti-Terrorism and Arms Export Amendments Act of 1989 (Public Law 101– 222; 103 Stat. 1900) provided the following in relation to the amendment of sec. 620A: ‘‘SEC. 10. SELF-DEFENSE IN ACCORDANCE WITH INTERNATIONAL LAW.
‘‘The use by any government of armed force in the exercise of individual or collective self-defense in accordance with applicable international agreements and customary international law shall not be considered an act of international terrorism for purposes of the amendments made by this Act.’’.

The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000, enacted by reference in sec. 101(a) of Public Law 106–429; 114 Stat. 1900), provided the following:

‘‘PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
‘‘SEC. 527. (a) Funds appropriated for bilateral assistance under any heading of this Act and funds appropriated under any such heading in a provision of law enacted prior to the enactment of this Act, shall not be made available to any country which the President determines—
‘‘(1) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism; or
‘‘(2) otherwise supports international terrorism.
‘‘(b) The President may waive the application of subsection (a) to a country if the President determines that national security or humanitarian reasons justify such waiver. The President shall publish each waiver in the Federal Register and, at least 15 days before the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the waiver) in accordance with the regular notification procedures of the Committees on Appropriations.

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‘‘ELIGIBILITY FOR ASSISTANCE
‘‘SEC. 541. (a) ASSISTANCE THROUGH NONGOVERNMENTAL ORGANIZATIONS.—Restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance in support of programs of nongovernmental organizations from funds appropriated by this Act to carry out the provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961, and from funds appropriated under the heading ‘Assistance for Eastern Europe and the Baltic States’: Provided, That the President shall take into consideration, in any case in which a restriction on assistance would be applicable but for this subsection, whether assistance in support of programs of nongovernmental organizations is in the national interest of the United States: Provided further, That before using the authority of this subsection to furnish assistance in support of programs of nongovernmental organizations, the President shall notify the Committees on Appropriations under the regular notification procedures of those committees, including a description of the program to be assisted, the assistance to be provided, and the reasons for furnishing such assistance: Provided further, That nothing in this subsection shall be construed to alter any existing statutory prohibitions against abortion or involuntary sterilizations contained in this or any other Act.

‘‘(b) PUBLIC LAW 480.—During fiscal year 2001, restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance under the Agricultural Trade Development and Assistance Act of 1954: Provided, That none of the funds appropriated to carry out title I of such Act and made available pursuant to this subsection may be obligated or expended except as provided through the regular notification procedures of the Committees on Appropriations.

‘‘(c) EXCEPTION.—This section shall not apply—
‘‘(1) with respect to section 620A of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to countries that support international terrorism; or‘‘(2) with respect to section 116 of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to countries that violate internationally recognized human rights.

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‘‘PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL MILITARY EQUIPMENT TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM
‘‘SEC. 549. (a) None of the funds appropriated or otherwise made available by this Act may be available to any foreign government which provides lethal military equipment to a country the government of which the Secretary of State has determined is a terrorist government for purposes of section 40(d) of the Arms Export Control Act. The prohibition under this section with respect to a foreign government shall terminate 12 months after that government ceases to provide such military equipment. This section applies with respect to lethal military equipment provided under a contract entered into after October 1, 1997.

‘‘(b) Assistance restricted by subsection (a) or any other similar provision of law, may be furnished if the President determines that furnishing such assistance is important to the national interests of the United States.

‘‘(c) Whenever the waiver of subsection (b) is exercised, the President shall submit to the appropriate congressional committees a report with respect to the furnishing of such assistance. Any such report shall include a detailed explanation of the assistance to be provided, including the estimated dollar amount of such assistance, and an explanation of how the assistance furthers United States national interests.’’.

See also sec. 586 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101–513; 104 Stat. 2047), cited as the ‘‘Iraq Sanctions Act of 1990’’, in Legislation on Foreign Relations Through 2000, vol. I–B."

FAA [925] - "Popularly referred to as the Pressler amendment. Subsec. (e) was added by sec. 902 of the International Security and Development Cooperation Act of 1985 (Public Law 99–83; 99 Stat. 268). Presidential Determinations No. 86–3 of November 25, 1985; No. 87–3 of October 27, 1986; No. 88–4 of December 17, 1987; 89–7 of November 18, 1988; and 90–1 of October 5, 1989, 54 F.R. 43797, certified that Pakistan does not have a nuclear explosive device and that U.S. assistance would reduce significantly the risk that Pakistan will possess a nuclear explosive device. The President has not certified for fiscal years 1991–1997.
On May 28 and 30, 1998, Pakistan tested nuclear explosive devices. On May 30, 1998, the President determined that such tests had transpired, and imposed a range of sanctions required pursuant to sec. 102(b) of the Arms Export Control Act (Presidential Determination No. 98–25; 63 F.R. 31881).
The India-Pakistan Relief Act, enacted as title IX of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (division A, sec. 101(a) of Public Law 105–277; 112 Stat. 2681), however, authorized the President to waive the application of sanctions against India and Pakistan for one year. The President issued such a determination as referred to in sec. 902 of the India-Pakistan Relief Act on December 1, 1998, that provided: ‘‘I hereby waive until October 21, 1999, the sanctions and prohibitions contained in section 101 and 102 of the Arms Export Control Act, section 620E(e) of the Foreign Assistance Act of 1961, and section 2(b)(4)of the Export-Import Bank Act of 1945, insofar as such sanctions and prohibitions would otherwise apply to activities of the Export-Import Bank, the Overseas Private Investment Corporation, and the Trade and Development Agency with respect to Pakistan and India; assistance to Pakistan and India under the ‘International Military Education and Training’ program; the making of any loan or financial or technical assistance to Pakistan by any international financial institution in support of the assistance program that Pakistan is negotiating with the International Monetary Fund.’’ (Presidential Determination No. 99–7; Weekly Compilation of Presidential Documents,vol. 34, no. 49, December 7, 1998, p. 2402). The President extended the waiver on September 30, 1999 (Presidential Determination No. 99–44; 64 F.R. 54503).
Title IX of the Department of Defense Appropriations Act, 2000 (Public Law 106–79; 113 Stat. 1283) repealed the India-Pakistan Relief Act, effective October 21, 1999. In its place, title IX of that Act provided the following:
‘‘TITLE IX
‘‘WAIVER OF CERTAIN SANCTIONS AGAINST INDIA AND PAKISTAN
‘‘SEC. 9001. (a) WAIVER AUTHORITY.—Except as provided in subsections (b) and (c) of this section, the President may waive, with respect to India and Pakistan, the application of any sanction contained in section 101 or 102 of the Arms Export Control Act (22 U.S.C. 2799aa or 22 U.S.C. 2799aa–1), section 2(b)(4) of the Export Import Bank Act of 1945 (12 U.S.C. 635(b)(4)), or section 620E(e) of the Foreign Assistance Act of 1961, as amended, (22 U.S.C. 2375(e)).
‘‘(b) EXCEPTION.—The authority to waive the application of a sanction or prohibition (or portion thereof) under subsection (a) shall not apply with respect to a sanction or prohibition contained in subparagraph (B), (C), or (G) of section 102(b)(2) of the Arms Export Control Act, unless the President determines, and so certifies to the Congress, that the application of the restriction would not be in the national security interests of the United States.
‘‘(c) TERMINATAION OF WAIVER.—The President may not exercise the authority of subsection (a), and any waiver previously issued under subsection (a) shall cease to apply, with respect to India or Pakistan, if that country detonates a nuclear explosive device after the date of the enactment of this Act or otherwise takes such action which would cause the President to report pursuant to section 102(b)(1) of the Arms Export Control Act.
‘‘(d) TARGETED SANCTIONS.—
‘‘(1) SENSE OF THE CONGRESS.—
‘‘(A) it is the sense of the Congress that the broad application of export controls to nearly 300 Indian and Pakistani entities is inconsistent with the specific national security interests of the United States and that this control list requires refinement; and ‘‘(B) export controls should be applied only to those Indian and Pakistani entities that make direct and material contributions to weapons of mass destruction and missile programs and only to those items that can contribute to such programs.
‘‘(2) REPORTING REQUIREMENT.—Not later than 60 days after the date of the enactment of this Act, the President shall submit both a classified and unclassified report to the appropriate congressional committees listing those Indian and Pakistani entities whose activities contribute to missile programs or weapons of mass destruction programs.
‘‘(e) CONGRESSIONAL NOTIFICATION.—The issuance of a license for export of a defense article, defense service, or technology under the authority of this section shall be subject to the same requirements as are applicable to the export of items described in section 36(c) of the Arms Export Control Act (22 U.S.C. 2776(c)), including the transmittal of information and the application of congressional review procedures.
‘‘(f) REPEAL.—The India-Pakistan Relief Act (title IX of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, as contained in section 101(a) of Public Law 105–277) is repealed effective October 21, 1999.’’. The President waived the application of sanctions under the new law on October 27, 1999 (Presidential Determination No. 2000–4; 64 F.R. 60649), to the following extent:
‘‘(1) with respect to India, insofar as such sanctions would otherwise apply to activities of the Export-Import Bank, the Overseas Private Investment Corporation, and the Trade and Development Agency; assistance under the ‘International Military Education and Training’ program; the making of any loan or the providing of any credit to the Government of India by any U.S. bank; assistance to the Asian elephant Conservation Fund, the Rhinoceros and Tiger conservation Fund, and the Indo-American Environmental Leadership program; and any credit, credit guarantee, or other financial assistance provided by the Department of Agriculture to support the purchase of food or other agricultural commodity; and
‘‘(2) with respect to Pakistan, insofar as such sanctions would otherwise apply to any credit, credit guarantee, or other financial assistance provided by the Department of Agriculture to support the purchase of food or other agricultural commodity; and the making of any loan or the providing of any credit to the Government of Pakistan by any U.S. bank.’’ (Presidential Determination No. 2000-4; October 27, 1999; 64 F.R. 60649).
See also sec. 102 of the Arms Export Control Act, as amended by the Agriculture Export Relief Act of 1998 (Public Law 105–194; 112 Stat. 627).
The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000, enacted by reference in sec. 101(a) of Public Law 106–429; 114 Stat. 1900A–29, 1900A–61), provided the following relating to Pakistan: ‘‘SPECIAL NOTIFICATION REQUIREMENTS
‘‘SEC. 520. None of the funds appropriated by this Act shall be obligated or expended for Colombia, Haiti, Liberia, Serbia, Sudan, Ethiopia, Eritrea, Zimbabwe, Pakistan, or the Democratic Republic of Congo except as provided through the regular notification procedures of the Committees on Appropriations.
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‘‘BASIC EDUCATION ASSISTANCE FOR PAKISTAN
‘‘SEC. 597. Funds appropriated by this Act to carry out the provisions of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 may be made available for assistance for basic education programs for Pakistan, notwithstanding any provision of law that restricts assistance to foreign countries: Provided, That such assistance is subject to the regular notification procedures of the Committees on Appropriations.’’.

FAA [934]22 U.S.C. 2377. Sec. 325 of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104–132; 110 Stat. 1256) added this sec. 620G.
Sec. 329 of that Act (110 Stat. 1258) defined assistance as follows:
‘‘(1) the term ‘assistance’ means assistance to or for the benefit of a government of any country that is provided by grant, concessional sale, guaranty, insurance, or by any other means on terms more favorable than generally available in the applicable market, whether in the form of a loan, lease, credit, debt relief, or otherwise, including subsidies for exports to such country and favorable tariff treatment of articles that are the growth, product, or manufacture of such country; and
‘‘(2) the term ‘assistance’ does not include assistance of the type authorized under chapter 9 of part 1 of the Foreign Assistance Act of 1961 (relating to international disaster assistance).’’. Sec. 149 of Public Law 104–164 (110 Stat. 1436) also added a new sec. 620G, relating to depleted uranium ammunition.

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FAA [936] - "On December 9, 1999, the State Department found ‘‘that the Government of Kazakhstan has provided lethal military equipment to a country determined by the Secretary of State to be a state sponsor of terrorism. Also on November 17, 1999 * * * the United States Government determined furnishing assistance restricted by [cited provisions of law] to the Government of Kazakhstan, with the exceptions [of named entities] is important to the national interest of the United States * * *.’’ (Department of State Public Notice 3175; 64 F.R. 70103).]

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AECA [2] - "....See also sec. 564 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1994 (Public Law 103–236; 108 Stat. 484) relating to prohibiting sales and leases to those participating in or supporting the Arab boycott of Israel, in Legislation on Foreign Relations Through 2000, vol. II. [See below for language in PL 103-236 and related language in FO Approp. Act FY 2002]"

Sec. 154 of Public Law 104–164 (110 Stat. 1440) provided the followin ‘‘SEC. 154. ELIGIBILITY OF PANAMA UNDER THE ARMS EXPORT CONTROL ACT. ‘‘The Government of the Republic of Panama shall be eligible to purchase defense articles and services under the Arms Export Control Act (22 U.S.C. 2751 et seq.), except as otherwise specifically provided by law.’’.

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AECA [8] 22 U.S.C. 2753. Sec. 906 of the FREEDOM Support Act (Public Law 102–511; 106 Stat. 3356) provided the following:
‘‘SEC. 906. ELIGIBILITY OF BALTIC STATES FOR NONLETHAL DEFENSE ARTICLES.
‘‘(a) ELIGIBILITY.—Estonia, Latvia, and Lithuania shall each be eligible—
‘‘(1) to purchase, or to receive financing for the purchase of, nonlethal defense articles— ‘‘(A) under the Arms Export Control Act (22 U.S.C. 2751 et seq.), without regard to section 3(a)(1) of that Act, or
‘‘(B) under section 503 of the Foreign Assistance Act of 1961 (22 U.S.C. 2311), without regard to the requirement in subsection (a) of that section for a Presidential finding; and
‘‘(2) to receive nonlethal excess defense articles transferred under section 519 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321m), without regard to the restrictions in subsection (a) of that section...

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AECA [11]The President made no determinations pursuant to this sec. in 1998–2000. In 1997, the President determined that the furnishing of defense articles and services to the Governments of Georgia, Kazakstan, Kyrgyzstan, Moldova, Turkmenistan, Russia, Ukraine, and Uzbekistan, would strengthen the security of the United States and promote world peace (Presidential Determination No. 97-19 of March 11, 1997; 62 F.R. 13531). In 1995 and 1996, the President made similar determinations for Angola (Presidential Determination No. 95–32 of July 28, 1995; 60 F.R. 40255), Mongolia (Presidential Determination No. 95–38 of August 22, 1995; 60 F.R. 50069), Bosnia and Herzegovina (Presidential Determination No. 96–10 of February 23, 1996; 61 F.R. 8463), Slovenia, and the Former Yugoslav Republic of Macedonia (Presidential Determination No. 96–18 of March 8, 1996; 61 F.R. 11497). * * * * * * *

AECA [232] - Sec. 549 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000, enacted by reference in sec. 101(a) of Public Law 106–429; 114 Stat. 1900A–40), provided the following:
‘‘PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL MILITARY EQUIPMENT TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM
‘‘SEC. 549. (a) None of the funds appropriated or otherwise made available by this Act may be available to any foreign government which provides lethal military equipment to a country the government of which the Secretary of State has determined is a terrorist government for purposes of section 40(d) of the Arms Export Control Act. The prohibition under this section with respect to a foreign government shall terminate 12 months after that government ceases to provide such military equipment. This section applies with respect to lethal military equipment provided under a contract entered into after October 1, 1997.
‘‘(b) Assistance restricted by subsection (a) or any other similar provision of law, may be furnished if the President determines that furnishing such assistance is important to the national interests of the United States.
‘‘(c) Whenever the waiver of subsection (b) is exercised, the President shall submit to the appropriate congressional committees a report with respect to the furnishing of such assistance.
Any such report shall include a detailed explanation of the assistance to be provided, including the estimated dollar amount of such assistance, and an explanation of how the assistance furthers United States national interests.’’.
233 Sec. 822(a)(2)(A) of the Nuclear Proliferation Prevention Act of 1994 (title VIII of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; Public Law 103–236; 108 Stat. 511), added the sentence that begins ‘‘For purposes of this subsection, * * *’’.

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AECA [242]22 U.S.C. 2781. Sec. 330 of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104–132; 110 Stat. 1258) added this sec. 40A. Sec. 150(a) of Public Law 104–164 (110 Stat. 1436) also added a sec. 40A, relating to end-use monitoring of defense articles and defense services.
On May 6, 1999, the Acting Secretary of State determined and certified, as is done annually, ‘‘that the following countries are not cooperating fully with United States antiterrorism efforts: Afghanistan; Cuba; Iran; Iraq; Libya; North Korea; Sudan; and Syria’’ (Department of State Public Notice No. 3054; 64 F.R. 26474). This list was unchanged in the May 2000 report issued by the State Department on global terrorism.

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AECA [245] - 22 U.S.C. 2791. See also notes at section 38, regarding Presidential Determinations.

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AECA [347] - 22 U.S.C. 2799aa–1. Popularly referred to as the Glenn amendment. Similar language was originally enacted as sec. 670 of the Foreign Assistance Act of 1961, and codified at 22 U.S.C. 2429a, by sec. 12 of Public Law 95–92 (91 Stat. 620); amended and restated by sec. 737(c) of the International Security and Development Cooperation Act of 1981 (Public Law 97–113; 95 Stat. 1562); and further amended by sec. 1204 of the International Security and Development Cooperation Act of 1985 (Public Law 99–83; 99 Stat. 277). Sec. 670 (and sec. 669) were repealed by sec. 826(b) of the Nuclear Proliferation Prevention Act of 1994 (title VIII of the Foreign Relations Authorization Act; Public Law 103–236; 108 Stat. 519), after section 826(a) of that Act enacted two new sections into the Arms Export Control Act (secs. 101 and 102; at 22 U.S.C. 2799aa and 2799aa–1) to state nuclear nonproliferation controls.

* * * * * * *

AECA [348]On May 13, 1998, the President determined ‘‘that India, a non-nuclear-weapon state, detonated a nuclear explosive device on May 11, 1998. The relevant agencies and instrumentalities of the United States Government are hereby directed to take the necessary actions to impose the sanctions described in section 102(b)(2) * * *’’ (Presidential Determination 98–22 of May 13, 1998; 63 F.R. 27665). In support of that determination, the Department of State issued Public Notice 2825 (63 F.R. 27781; May 15, 1998), to revoke all ‘‘licenses and other approvals to export or otherwise transfer defense articles and defense services from the United States to India, or transfer U.S. origin defense articles and defense services from a foreign destination to India, or temporarily import defense articles from India pursuant to Section 38 of the Arms Export Control Act * * *’’.
On May 30, 1998, the President determined ‘‘that Pakistan, a non-nuclear-weapon state, detonated a nuclear explosive device on May 28, 1998. The relevant agencies and instrumentalities of the United States Government are hereby directed to take the necessary actions to impose the sanctions described in section 102(b)(2) * * *’’ (Presidential Determination 98–25 of May 30, 1998; 63 F.R. 31881). In support of that determination, the Department of State issued Public Notice 2835 (63 F.R. 33122; May 30, 1998), to revoke all ‘‘licenses and other approvals to export or otherwise transfer defense articles and defense services from the United States to Pakistan, or transfer U.S. origin defense articles and defense services from a foreign destination to Pakistan, or temporarily import defense articles from Pakistan pursuant to Section 38 of the Arms Export Control Act * * *’’.
The India-Pakistan Relief Act, enacted as title IX of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (division A, sec. 101(a) of Public Law 105–277; 112 Stat. 2681), however, authorized the President to waive the application of sanctions against India and Pakistan for one year. The President issued such a determination as referred to in sec. 902 of the India-Pakistan Relief Act on December 1, 1998, that provided: ‘‘I hereby waive until October 21, 1999, the sanctions and prohibitions contained in section 101 and 102 of the Arms Export Control Act, section 620E(e) of the Foreign Assistance Act of 1961, and section 2(b)(4)of the Export-Import Bank Act of 1945, insofar as such sanctions and prohibitions would otherwise apply to activities of the Export-Import Bank, the Overseas Private Investment Corporation, and the Trade and Development Agency with respect to Pakistan and India; assistance to Pakistan and India under the ‘International Military Education and Training’ program; the making of any loan or financial or technical assistance to Pakistan by any international financial institution in support of the assistance program that Pakistan is negotiating with the International Monetary Fund.’’ (Presidential Determination No. 99–7; Weekly Compilation of Presidential Documents,vol. 34, no. 49, December 7, 1998, p. 2402). In 1999, the President exercised authority pursuant to the India-Pakistan Relief Act of 1998 in Presidential Determination No. 99–38 of September 21, 1999 (64 F.R. 53573); Presidential Determination No. 99–44 of September 30, 1999 (64 F.R. 54503); and Presidential Determination No. 2000–4 of October 27, 1999 (64 F.R. 60649).
Title IX of the Department of Defense Appropriations Act, 2000 (Public Law 106–79; 113 Stat. 1283) repealed the India-Pakistan Relief Act, effective October 21, 1999. In its place, title IX of that Act provided the following:
‘‘TITLE IX
‘‘WAIVER OF CERTAIN SANCTIONS AGAINST INDIA AND PAKISTAN
‘‘SEC. 9001. (a) WAIVER AUTHORITY.—Except as provided in subsections (b) and (c) of this section, the President may waive, with respect to India and Pakistan, the application of any sanction contained in section 101 or 102 of the Arms Export Control Act (22 U.S.C. 2799aa or 22 U.S.C. 2799aa–1), section 2(b)(4) of the Export Import Bank Act of 1945 (12 U.S.C. 635(b)(4)), or section 620E(e) of the Foreign Assistance Act of 1961, as amended, (22 U.S.C. 2375(e)). ‘‘(b) EXCEPTION.—The authority to waive the application of a sanction or prohibition (or portion thereof) under subsection (a) shall not apply with respect to a sanction or prohibition contained in subparagraph (B), (C), or (G) of section 102(b)(2) of the Arms Export Control Act, unless the President determines, and so certifies to the Congress, that the application of the restriction would not be in the national security interests of the United States.
‘‘(c) TERMINATAION OF WAIVER.—The President may not exercise the authority of subsection (a), and any waiver previously issued under subsection (a) shall cease to apply, with respect to India or Pakistan, if that country detonates a nuclear explosive device after the date of the enactment of this Act or otherwise takes such action which would cause the President to report pursuant to section 102(b)(1) of the Arms Export Control Act.
‘‘(d) TARGETED SANCTIONS.—
‘‘(1) SENSE OF THE CONGRESS.—
‘‘(A) it is the sense of the Congress that the broad application of export controls to nearly 300 Indian and Pakistani entities is inconsistent with the specific national security interests of the United States and that this control list requires refinement; and ‘‘(B) export controls should be applied only to those Indian and Pakistani entities that make direct and material contributions to weapons of mass destruction and missile programs and only to those items that can contribute to such programs.
‘‘(2) REPORTING REQUIREMENT.—Not later than 60 days after the date of the enactment of this Act, the President shall submit both a classified and unclassified report to the appropriate congressional committees listing those Indian and Pakistani entities whose activities contribute to missile programs or weapons of mass destruction programs.
‘‘(e) CONGRESSIONAL NOTIFICATION.—The issuance of a license for export of a defense article, defense service, or technology under the authority of this section shall be subject to the same requirements as are applicable to the export of items described in section 36(c) of the Arms Export Control Act (22 U.S.C. 2776(c)), including the transmittal of information and the application of congressional review procedures.
‘‘(f) REPEAL.—The India-Pakistan Relief Act (title IX of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, as contained in section 101(a) of Public Law 105–277) is repealed effective October 21, 1999.’’. The President waived the application of sanctions under the new law on October 27, 1999 (Presidential Determination No. 2000–4; 64 F.R. 60649), to the following extent:
‘‘(1) with respect to India, insofar as such sanctions would otherwise apply to activities of the Export-Import Bank, the Overseas Private Investment Corporation, and the Trade and Development Agency; assistance under the ‘International Military Education and Training’ program; the making of any loan or the providing of any credit to the Government of India by any U.S. bank; assistance to the Asian elephant Conservation Fund, the Rhinoceros and Tiger conservation Fund, and the Indo-American Environmental Leadership program; and any credit, credit guarantee, or other financial assistance provided by the Department of Agriculture to support the purchase of food or other agricultural commodity; and
‘‘(2) with respect to Pakistan, insofar as such sanctions would otherwise apply to any credit, credit guarantee, or other financial assistance provided by the Department of Agriculture to support the purchase of food or other agricultural commodity; and the making of any loan or the providing of any credit to the Government of Pakistan by any U.S. bank.’’ (Presidential Determination No. 2000-4; October 27, 1999; 64 F.R. 60649).
The President and executive branch agencies have subsequently waived or adjusted sanctions against particular Indian and Pakistani entities: see Presidential Determination No. 2000–18 (March 18, 2000; 65 F.R. 16297); Bureau of Export Administration , 15 CFR Part 744 (March 17, 2000; 65 F.R. 14444); and Presidential Determination No. 2001–11 (January 19, 2001; 66 F.R. 8503).


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