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22 U.S.C. § 2375 — Assistance to Pakistan

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2375 — Assistance to Pakistan

**(a) Congressional policy, findings, and goals** The Congress recognizes that Soviet forces occupying Afghanistan pose a security threat to Pakistan. The Congress also recognizes that an independent and democratic Pakistan with continued friendly ties with the United States is in the interest of both nations. The Congress finds that United States assistance will help Pakistan maintain its independence. Assistance to Pakistan is intended to benefit the people of Pakistan by helping them meet the burdens imposed by the presence of Soviet forces in Afghanistan and by promoting economic development. In authorizing assistance to Pakistan, it is the intent of Congress to promote the expeditious restoration of full civil liberties and representative government in Pakistan. The Congress further recognizes that it is in the mutual interest of Pakistan and the United States to avoid the profoundly destabilizing effects of the proliferation of nuclear explosive devices or the capacity to manufacture or otherwise acquire nuclear devices. **(b) Reaffirmation of 1959 bilateral agreement** The United States reaffirms the commitment made in its 1959 bilateral agreement with Pakistan relating to aggression from a Communist or Communist-dominated state. **(c) Availability; defensive aspects of assistance** Security assistance for Pakistan shall be made available in order to assist Pakistan in dealing with the threat to its security posed by the Soviet presence in Afghanistan. The United States will take appropriate steps to ensure that defense articles provided by the United States to Pakistan are used for defensive purposes. **(d) Waiver of limitations respecting nuclear transfers** The President may waive the prohibitions of [section 2799aa of this title](https://uscode.house.gov/v

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Source file: Laws/federal/codes/united-states-code/title-22/section-2375-assistance-to-pakistan--c7f97d52d2.md
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Source location: Title 22, Chapter 32, § 2375; chapter-032-foreign-assistance.md

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**(a) Congressional policy, findings, and goals** The Congress recognizes that Soviet forces occupying Afghanistan pose a security threat to Pakistan. The Congress also recognizes that an independent and democratic Pakistan with continued friendly ties with the United States is in the interest of both nations. The Congress finds that United States assistance will help Pakistan maintain its independence. Assistance to Pakistan is intended to benefit the people of Pakistan by helping them meet the burdens imposed by the presence of Soviet forces in Afghanistan and by promoting economic development. In authorizing assistance to Pakistan, it is the intent of Congress to promote the expeditious restoration of full civil liberties and representative government in Pakistan. The Congress further recognizes that it is in the mutual interest of Pakistan and the United States to avoid the profoundly destabilizing effects of the proliferation of nuclear explosive devices or the capacity to manufacture or otherwise acquire nuclear devices. **(b) Reaffirmation of 1959 bilateral agreement** The United States reaffirms the commitment made in its 1959 bilateral agreement with Pakistan relating to aggression from a Communist or Communist-dominated state. **(c) Availability; defensive aspects of assistance** Security assistance for Pakistan shall be made available in order to assist Pakistan in dealing with the threat to its security posed by the Soviet presence in Afghanistan. The United States will take appropriate steps to ensure that defense articles provided by the United States to Pakistan are used for defensive purposes. **(d) Waiver of limitations respecting nuclear transfers** The President may waive the prohibitions of [section 2799aa of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2799aa&num=0&edition=prelim) with respect to any grounds for the prohibition of assistance under that section arising before the effective date of part B of the Nuclear Proliferation Prevention Act of 1994 to provide assistance to Pakistan if he determines that to do so is in the national interest of the United States. **(e) Nuclear non-proliferation conditions on military assistance; exception** (1) No military assistance shall be furnished to Pakistan and no military equipment or technology shall be sold or transferred to Pakistan, pursuant to the authorities contained in this chapter or any other Act, unless the President shall have certified in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, during the fiscal year in which military assistance is to be furnished or military equipment or technology is to be sold or transferred, that Pakistan does not possess a nuclear explosive device and that the proposed United States military assistance program will reduce significantly the risk that Pakistan will possess a nuclear explosive device. (2) The prohibitions in this section do not apply to any assistance or transfer provided for the purposes of: (A) International narcotics control (including part VIII of subchapter I of this chapter) or any provision of law available for providing assistance for counternarcotics purposes. (B) Facilitating military-to-military contact, training (including part V of subchapter II of this chapter) and humanitarian and civic assistance projects. (C) Peacekeeping and other multilateral operations (including part VI of subchapter II of this chapter relating to peacekeeping) or any provision of law available for providing assistance for peacekeeping purposes, except that lethal military equipment provided under this subparagraph shall be provided on a lease or loan basis only and shall be returned upon completion of the operation for which it was provided. (D) Antiterrorism assistance (including part VIII of subchapter II of this chapter relating to antiterrorism assistance) or any provision of law available for antiterrorism assistance purposes. (3) The restrictions of this subsection shall continue to apply to contracts for the delivery of F–16 aircraft to Pakistan. (4) Notwithstanding the restrictions contained in this subsection, military equipment, technology, or defense services, other than F–16 aircraft, may be transferred to Pakistan pursuant to contracts or cases entered into before October 1, 1990. **(f) Storage costs** The President may release the Government of Pakistan of its contractual obligation to pay the United States Government for the storage costs of items purchased prior to October 1, 1990, but not delivered by the United States Government pursuant to subsection (e) and may reimburse the Government of Pakistan for any such amount paid, on such terms and conditions as the President may prescribe: Provided, That such payments have no budgetary impact. **(g) Inapplicability of restrictions to previously owned items** Subsection (e) does not apply to broken, worn or unupgraded items or their equivalent which Pakistan paid for and took possession of prior to October 1, 1990 and which the Government of Pakistan sent to the United States for repair or upgrade. Such equipment or its equivalent may be returned to the Government of Pakistan: Provided, That the President determines and so certifies to the appropriate congressional committees that such equipment or equivalent neither constitutes nor has received any significant qualitative upgrade since being transferred to the United States and that its total value does not exceed $25,000,000. **(h) Ballistic missile sanctions not affected** Nothing contained herein shall affect sanctions for transfers of missile equipment or technology required under [section 4612 of title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4612&num=0&edition=prelim) or [section 2797b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2797b&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4612 — Missile proliferation control violations

**(a) Violations by United States persons** (1) **Sanctions** (A) If the President determines that a United States person knowingly— (i) exports, transfers, or otherwise engages in the trade of any item on the MTCR Annex, in violation of the provisions of section 38 ([22 U.S.C. 2778](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2778&num=0&edition=prelim)) or chapter 7 of the Arms Export Control Act [[22 U.S.C. 2797](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2797&num=0&edition=prelim) et seq.], section 4604 or 4605 11 See References in Text note below. of this title, or any regulations or orders issued under any such provisions, (ii) conspires to or attempts to engage in such export, transfer, or trade, or (iii) facilitates such export, transfer, or trade by any other person, then the President shall impose the applicable sanctions described in subparagraph (B). (B) The sanctions which apply to a United States person under subparagraph (A) are the following: (i) If the item on the MTCR Annex involved in the export, transfer, or trade is missile equipment or technology within category II of the MTCR Annex, then the President shall deny to such United States person, for a period of 2 years, licenses for the transfer of missile equipment or technology controlled under this chapter. (ii) If the item on the MTCR Annex involved in the export, transfer, or trade is missile equipment or technology within category I of the MTCR Annex, then the President shall deny to such United States person, for a period of not less than 2 years, all licenses for items the export of which is controlled under this chapter. (2) **Discretionary sanctions** — In the case of any determination referr

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4612

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2797b — Transfers of missile equipment or technology by foreign persons

**(a) Sanctions** (1) Subject to subsections (c) through (g),11 See References in Text note below. if the President determines that a foreign person, after November 5, 1990, knowingly— (A) exports, transfers, or otherwise engages in the trade of any MTCR equipment or technology that contributes to the acquisition, design, development, or production of missiles in a country that is not an MTCR adherent and would be, if it were United States-origin equipment or technology, subject to the jurisdiction of the United States under this chapter, (B) conspires to or attempts to engage in such export, transfer, or trade, or (C) facilitates such export, transfer, or trade by any other person, or if the President has made a determination with respect to a foreign person under [section 4612(b)(1) of title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4612/b/1&num=0&edition=prelim), then the President shall impose on that foreign person the applicable sanctions under paragraph (2). (2) The sanctions which apply to a foreign person under paragraph (1) are the following: (A) If the item involved in the export, transfer, or trade is within category II of the MTCR Annex, then the President shall deny, for a period of 2 years— (i) United States Government contracts relating to missile equipment or technology; and (ii) licenses for the transfer to such foreign person of missile equipment or technology controlled under this chapter. (B) If the item involved in the export, transfer, or trade is within category I of the MTCR Annex, then the President shall deny, for a period of not less than 2 years— (i) all United States Government contracts with such foreign person; and (ii) licenses for the transfer to such foreign p

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2311 — General authority

**(a) Defense articles and services; noncombatant personnel; transfer of funds** The President is authorized to furnish military assistance, on such terms and conditions as he may determine, to any friendly country or international organization, the assisting of which the President finds will strengthen the security of the United States and promote world peace and which is otherwise eligible to receive such assistance, by— (1) acquiring for any source and providing (by loan or grant) any defense article or defense service; (2) assigning or detailing members of the Armed Forces of the United States and other personnel of the Department of Defense to perform duties of a noncombatant nature; or (3) transferring such of the funds appropriated or otherwise made available under this part as the President may determine for assistance to a recipient country, to the account in which funds for the procurement of defense articles and defense services under section 21 and section 22 of the Arms Export Control Act [[22 U.S.C. 2761](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2761&num=0&edition=prelim) and 2762] have been deposited for such recipient, to be merged with such deposited funds, and to be used solely to meet obligations of the recipient for payment for sales under that Act [[22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) et seq.]. Sales which are wholly paid from funds transferred under paragraph (3) or from funds made available on a non-repayable basis under section 23 of the Arms Export Control Act [[22 U.S.C. 2763](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2763&num=0&edition=prelim)] shall be priced to exclude the costs of salarie

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2311

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2381 — Exercise of functions

**(a) Delegation by President; rules and regulations; utilization of goods and services from private enterprise, and facilities and resources of Federal agencies when not competitive with private enterprise** The President may exercise any functions conferred upon him by this chapter through such agency or officer of the United States Government as he shall direct. The head of any such agency or such officer may from time to time promulgate such rules and regulations as may be necessary to carry out such functions, and may delegate authority to perform any such functions, including, if he shall so specify, the authority successively to redelegate any of such functions to any of his subordinates. In providing technical assistance under this chapter, the head of any such agency or such officer shall utilize, to the fullest extent practicable, goods and professional and other services from private enterprise on a contract basis. In such fields as education, health, housing, or agriculture, the facilities and resources of other Federal agencies shall be utilized when such facilities are particularly or uniquely suitable for technical assistance, are not competitive with private enterprise, and can be made available without interfering unduly with domestic programs. **(b) Eligibility of suppliers; debarment period; causes for debarment; conditions for reinstatement; periodic review** The President shall issue and enforce regulations determining the eligibility of any person to receive funds made available under this chapter. A person may be suspended under such regulations for a temporary period pending the completion of an investigation and any resulting judicial or debarment proceedings, upon cause for belief that such person or an affiliate thereof probably has undertake

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2151 — Congressional findings and declaration of policy

(a) United States development cooperation policy

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2763 — Credit sales

**(a) Financing procurement of defense articles and services, and design and construction services** The President is authorized to finance the procurement of defense articles, defense services, and design and construction services by friendly foreign countries and international organizations, on such terms and conditions as he may determine consistent with the requirements of this section. Notwithstanding any other provision of law, and subject to the regular notification requirements of the Committees on Appropriations, the authority of this section may be used to provide financing to Israel and Egypt for the procurement by leasing (including leasing with an option to purchase) of defense articles from United States commercial suppliers, not including Major Defense Equipment (other than helicopters and other types of aircraft having possible civilian application), if the President determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by government-to-government sale under this chapter. **(b) Repayment period** The President shall require repayment in United States dollars within a period not to exceed twelve years after the loan agreement with the country or international organization is signed on behalf of the United States Government, unless a longer period is specifically authorized by statute for that country or international organization. **(c) Interest rate; definitions** (1) The President shall charge interest under this section at such rate as he may determine, except that such rate may not be less than 5 percent per year. (2) For purposes of financing provided under this section— (A) the term “concessional rate of interest” means any rate of interest wh

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 6301 — Imposition of procurement sanction on persons engaging in export activities that contribute to proliferation

**(a) Determination by President** (1) **In general** — Except as provided in subsection (b)(2), the President shall impose the sanction described in subsection (c) if the President determines in writing that, on or after the effective date of this subchapter, a foreign person or a United States person has materially and with requisite knowledge contributed, through the export from the United States or any other country of any goods or technology (as defined in [section 6305(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6305/2&num=0&edition=prelim)), to the efforts by any individual, group, or non-nuclear-weapon state to acquire unsafeguarded special nuclear material or to use, develop, produce, stockpile, or otherwise acquire any nuclear explosive device. (2) **Persons against which the sanction is to be imposed** — The sanction shall be imposed pursuant to paragraph (1) on— (A) the foreign person or United States person with respect to which the President makes the determination described in that paragraph; (B) any successor entity to that foreign person or United States person; (C) any foreign person or United States person that is a parent or subsidiary of that person if that parent or subsidiary materially and with requisite knowledge assisted in the activities which were the basis of that determination; and (D) any foreign person or United States person that is an affiliate of that person if that affiliate materially and with requisite knowledge assisted in the activities which were the basis of that determination and if that affiliate is controlled in fact by that person. (3) **Other sanctions available** — The sanction which is required to be imposed for activities described in this subsection is in

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2228 — International Muslim Youth Opportunity Fund

**(a) Purpose** The purpose of this section is to strengthen the public educational systems in predominantly Muslim countries by— (1) authorizing the establishment of an International Muslim Youth Educational Fund through which the United States dedicates resources, either through a separate fund or through an international organization, to assist those countries that commit to education reform; and (2) providing resources for the Fund and to the President to help strengthen the public educational systems in those countries. **(b) Establishment of Fund** (1) **Authority** — The President is authorized to establish an International Muslim Youth Opportunity Fund and to carry out programs consistent with paragraph (4) under existing authorities, including the Mutual Educational and Cultural Exchange Act of 1961 (commonly referred to as the “Fulbright-Hays Act”) [[22 U.S.C. 2451](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2451&num=0&edition=prelim) et seq.]. (2) **Location** — The Fund may be established— (A) as a separate fund in the Treasury; or (B) through an international organization or international financial institution, such as the United Nations Educational, Science and Cultural Organization, the United Nations Development Program, or the International Bank for Reconstruction and Development. (3) **Transfers and receipts** — The head of any department, agency, or instrumentality of the United States Government may transfer any amount to the Fund, and the Fund may receive funds from private enterprises, foreign countries, or other entities. (4) **Activities of the Fund** — The Fund shall support programs described in this paragraph to improve the education environment in predominantly Muslim countries. (A) *Assistance

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2751 — Need for international defense cooperation and military export controls; Presidential waiver; report to Congress; arms sales policy

As declared by the Congress in the Arms Control and Disarmament Act [[22 U.S.C. 2551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2551&num=0&edition=prelim) et seq.], 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.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2799aa — 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 [[22 U.S.C. 2151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151&num=0&edition=prelim) et seq.] or this chapter 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 [[22 U.S.C. 2346](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2346&num=0&edition=prelim) et seq.]), providing military assistance or grant military education and training, providing assistance under chapter 6 of part II of that Act [[22 U.S.C. 2348](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2348&num=0&edition=prelim) et seq.], 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. **(b) Certification by President of necessity of continued assistance; disapproval by Congress** (1) Notwithstanding subsection (a) of th

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2799aa

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