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10 U.S.C. § 7542 — Technical data packages for large-caliber cannon: prohibition on transfers to foreign countries; exception
Federal law — U.S. Code and appendices · legal_authorities
**(a) General Rule.—** Funds appropriated to the Department of Defense may not be used—
(1) to transfer to a foreign country a technical data package for a defense item being manufactured or developed in an arsenal; or
(2) to assist a foreign country in producing such a defense item.
**(b) Exception.—** The Secretary of the Army may use funds appropriated to the Department of Defense to transfer a technical data package, or to provide assistance, described in subsection (a) if—
(1) the transfer or provision of assistance is to a friendly foreign country (as determined by the Secretary of Defense in consultation with the Secretary of State);
(2) the Secretary of the Army determines that such action—
(A) would have a clear benefit to the preservation of the production base for the production of cannon at the arsenal concerned; and
(B) would not transfer technology (including production techniques) considered unique to the arsenal concerned, except as provided in subsection (e); and
(3) the Secretary of Defense enters into an agreement with the country concerned described in subsection (c) or (d).
**(c) Coproduction Agreements.—** An agreement under this subsection shall be in the form of a Government-to-Government Memorandum of Understanding and shall include provisions that—
(1) prescribe the content of the technical data package or assistance to be transferred to the foreign country participating in the agreement;
(2) require that production by the participating foreign country of the defense item to which the technical data package or assistance relates be shared with the arsenal concerned;
(3) subject to such exceptions as may be approved under subsection (f), prohibit transfer by the participating foreign country to a third party or country of—
(A)
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Source file: Laws/federal/codes/united-states-code/title-10/section-7542-technical-data-packages-for-large-caliber-cannon-prohibition-on-transfer--c3cd509a90.md
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Source location: Title 10, Chapter 763, § 7542; chapter-763-procurement.md
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**(a) General Rule.—** Funds appropriated to the Department of Defense may not be used—
(1) to transfer to a foreign country a technical data package for a defense item being manufactured or developed in an arsenal; or
(2) to assist a foreign country in producing such a defense item.
**(b) Exception.—** The Secretary of the Army may use funds appropriated to the Department of Defense to transfer a technical data package, or to provide assistance, described in subsection (a) if—
(1) the transfer or provision of assistance is to a friendly foreign country (as determined by the Secretary of Defense in consultation with the Secretary of State);
(2) the Secretary of the Army determines that such action—
(A) would have a clear benefit to the preservation of the production base for the production of cannon at the arsenal concerned; and
(B) would not transfer technology (including production techniques) considered unique to the arsenal concerned, except as provided in subsection (e); and
(3) the Secretary of Defense enters into an agreement with the country concerned described in subsection (c) or (d).
**(c) Coproduction Agreements.—** An agreement under this subsection shall be in the form of a Government-to-Government Memorandum of Understanding and shall include provisions that—
(1) prescribe the content of the technical data package or assistance to be transferred to the foreign country participating in the agreement;
(2) require that production by the participating foreign country of the defense item to which the technical data package or assistance relates be shared with the arsenal concerned;
(3) subject to such exceptions as may be approved under subsection (f), prohibit transfer by the participating foreign country to a third party or country of—
(A) any defense article, technical data package, technology, or assistance provided by the United States under the agreement; and
(B) any defense article produced by the participating foreign country under the agreement; and
(4) require the Secretary of Defense to monitor compliance with the agreement and the participating foreign country to report periodically to the Secretary of Defense concerning the agreement.
**(d) Cooperative Project Agreements.—** An agreement under this subsection is a cooperative project agreement under section 27 of the Arms Export Control Act ([22 U.S.C. 2767](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2767&num=0&edition=prelim)) which includes provisions that—
(1) for development phases describe the technical data to be transferred and for the production phase prescribe the content of the technical data package or assistance to be transferred to the foreign country participating in the agreement;
(2) require that at least the United States production of the defense item to which the technical data package or assistance relates be carried out by the arsenal concerned; and
(3) require the Secretary of Defense to monitor compliance with the agreement.
**(e) Licensing Fees and Royalties.—** The limitation in subsection (b)(2)(B) shall not apply if the technology (or production technique) transferred is subject to nonexclusive license and payment of any negotiated licensing fee or royalty that reflects the cost of development, implementation, and prove-out of the technology or production technique. Any negotiated license fee or royalty shall be placed in the operating fund of the arsenal concerned for the purpose of capital investment and technology development at that arsenal.
**(f) Transfers to Third Parties.—** A transfer described in subsection (c)(3) may be made if—
(1) the defense article, technical data package, or technology to be transferred is a product of a cooperative research and development program or a cooperative project in which the United States and the participating foreign country were partners; or
(2) the President—
(A) complies with all requirements of section 3(d) of the Arms Export Control Act ([22 U.S.C. 2753(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2753/d&num=0&edition=prelim)) with respect to such transfer; and
(B) certifies to Congress, before the transfer, that the transfer would provide a clear benefit to the production base of the United States for large-caliber cannon.
**(g) Notice and Reports to Congress.—**
(1) The Secretary of the Army shall submit to Congress a notice of each agreement entered into under this section.
(2) The Secretary shall submit to Congress a semi-annual report on the operation of this section and of agreements entered into under this section.
**(h) Arsenal Defined.—** In this section, the term “arsenal” means a Government-owned, Government-operated defense plant that manufactures large-caliber cannon.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of President** The President may enter into a cooperative project agreement with the North Atlantic Treaty Organization or with one or more member countries of that Organization.
**(b) Definitions** As used in this section—
(1) the term “cooperative project”, in the case of an agreement with the North Atlantic Treaty Organization or with one or more member countries of that Organization, means a jointly managed arrangement, described in a written agreement among the parties, which is undertaken in order to further the objectives of standardization, rationalization, and interoperability of the armed forces of North Atlantic Treaty Organization member countries and which provides—
(A) for one or more of the other participants to share with the United States the costs of research on and development, testing, evaluation, or joint production (including follow-on support) of certain defense articles;
(B) for concurrent production in the United States and in another member country of a defense article jointly developed in accordance with subparagraph (A); or
(C) for procurement by the United States of a defense article or defense service from another member country or for procurement by the United States of munitions from the North Atlantic Treaty Organization or a subsidiary of such organization;
(2) the term “cooperative project”, in the case of an agreement entered into under subsection (j), means a jointly managed arrangement, described in a written agreement among the parties, which is undertaken in order to enhance the ongoing multinational effort of the participants to improve the conventional defense capabilities of the participants and which provides—
(A) for one or more of the other participants to share with the United States the costs
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2767
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to regulations under [section 121 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section121&num=0&edition=prelim), the Secretary of the Navy, under regulations prescribed by him, may sell, at nominal prices, to recognized charitable organizations, to States and subdivisions thereof, and to municipalities nonregulation and excess clothing that may be available for distribution to the needy. The clothing may be sold only if the purchaser agrees not to resell it but to give it to the needy.
**(b)** A fair proportionate allotment of clothing to be sold under this section shall be set aside for distribution in each State and the District of Columbia. An allotment so set aside may not be sold for other distribution until at least 30 days after the allotment was made.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8762
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
Page 3092
TITLE 10—ARMED FORCES
§ 7542
§ 4541; renumbered § 7541, Pub. L. 115–232, div. A,
title VIII, § 808(d), Aug. 13, 2018, 132 Stat. 1839.)
Editorial Notes
PRIOR PROVISIONS
Prior sections 7541 to 7541b were renumbered sections
8761 to 8761b of this title, respectively.
AMENDMENTS
2018—Pub. L. 115–232 renumbered section 4541 of this
title as this section.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–232 effective Feb. 1, 2019,
with provision for the coordination of amendments and
special rule for certain redesignations, see section 800
of Pub. L. 115–232, set out as a note preceding section
3001 of this title.
§ 7542. Technical data packages for large-caliber
cannon: prohibition on transfers to foreign
countries; exception
(a) GENERAL RULE.—Funds appropriated to the
Department of Defense may not be used—
(1) to transfer to a foreign country a tech-
nical data package for a defense item being
manufactured or developed in an arsenal; or
(2) to assist a foreign country in producing
such a defense item.
(b) EXCEPTION.—The Secretary of the Army
may use funds appropriated to the Department
of Defense to transfer a technical data package,
or to provide assistance, described in subsection
(a) if—
(1) the transfer or provision of assistance is
to a friendly foreign country (as determined
by the Secretary of Defense in consultation
with the Secretary of State);
(2) the Secretary of the Army determines
that such action—
(A) would have a clear benefit to the pres-
ervation of the production base for the pro-
duction of cannon at the arsenal concerned;
and
(B) would not transfer technology (includ-
ing
production
techniques)
considered
unique to the arsenal concerned, except as
provided in
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 7542
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Prerequisites for consent by President; report to Congress** No defense article or defense service shall be sold or leased by the United States Government under this chapter to any country or international organization, and no agreement shall be entered into for a cooperative project (as defined in [section 2767 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2767&num=0&edition=prelim)), unless—
(1) 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;
(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 so furnished to it, or produced in a cooperative project (as defined in [section 2767 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2767&num=0&edition=prelim)), to anyone not an officer, employee, or agent of that country or international organization (or the North Atlantic Treaty Organization or the specified member countries (other than the United States) in the case of a cooperative project) and not to use or permit the use of such article or related training or other defense service for purposes other than those for which furnished unless the consent of the President has first been obtained;
(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 by the United States Government; and
(4) the country or international organization is oth
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2753
Stored review status: release_metadata_unconfirmed. The source passage cites 22 U.S.C. § 2753. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1198
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2753
§ 2753. Eligibility for defense services or defense
articles
(a) Prerequisites for consent by President; report
to Congress
No defense article or defense service shall be
sold or leased by the United States Government
under this chapter to any country or inter-
national organization, and no agreement shall
be entered into for a cooperative project (as de-
fined in section 2767 of this title), unless—
(1) 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;
(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 so furnished
to it, or produced in a cooperative project (as
defined in section 2767 of this title), to anyone
not an officer, employee, or agent of that
country or international organization (or the
North Atlantic Treaty Organization or the
specified member countries (other than the
United States) in the case of a cooperative
project) and not to use or permit the use of
such article or related training or other de-
fense service for purposes other than those for
which furnished unless the consent of the
President has first been obtained;
(3) the country or international organization
shall have agreed that it will maintain the se-
curity of such article or service and will pro-
vide substantially the same degree of security
protection afforded to such article or service
by the United States Government; and
(4) the country or international organization
is otherwise eligible to purchase or lease de-
fense articles
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2753
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 2753. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1223
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2767
(d) ‘‘Security assistance surveys’’ defined
As used in this section, the term ‘‘security as-
sistance surveys’’ means any survey or study
conducted in a foreign country by United States
Government personnel for the purpose of assess-
ing the needs of that country for security assist-
ance, and includes defense requirement surveys,
site surveys, general surveys or studies, and en-
gineering assessment surveys.
(Pub. L. 90–629, ch. 2, § 26, as added Pub. L. 95–384,
§ 19, Sept. 26, 1978, 92 Stat. 740; amended Pub. L.
99–83, title I, § 114, Aug. 8, 1985, 99 Stat. 198; Pub.
L. 103–437, § 9(a)(7), Nov. 2, 1994, 108 Stat. 4588.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 90–629, Oct. 22,
1968, 82 Stat. 1321, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 2751 of
this title and Tables.
AMENDMENTS
1994—Subsec. (c). Pub. L. 103–437 substituted ‘‘Foreign
Affairs’’ for ‘‘International Relations’’.
1985—Pub. L. 99–83, § 114(a)(1), substituted ‘‘Security
assistance’’ for ‘‘Defense requirement’’ in section
catchline.
Subsecs. (a), (b). Pub. L. 99–83, § 114(a)(2), substituted
‘‘security assistance’’ for ‘‘defense requirement’’ wher-
ever appearing.
Subsec. (c). Pub. L. 99–83, § 114(a)(2), (b), substituted
‘‘submit to that committee copies of security assist-
ance surveys’’ for ‘‘grant that committee access to de-
fense requirement surveys’’.
Subsec. (d). Pub. L. 99–83, § 114(a)(3), added subsec. (d).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99–83 effective Oct. 1, 198
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2767
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 2767. This identifies an authority to review, not proof of applicability.