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22 U.S.C. § 2767a — Repealed. Pub. L. 101–189, div. A, title IX, § 931(d)(2), Nov. 29, 1989, 103 Stat. 1535

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

22 U.S.C. § 2767a — Repealed. Pub. L. 101–189, div. A, title IX, § 931(d)(2), Nov. 29, 1989, 103 Stat. 1535

### Statutory Notes Section, Pub. L. 99–661, div. A, title XI, § 1105, Nov. 14, 1986, 100 Stat. 3965; Pub. L. 100–456, div. A, title X, § 1007, Sept. 29, 1988, 102 Stat. 2040, related to cooperative research and development with major non-NATO allies. See [section 2350a of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2350a&num=0&edition=prelim), Armed Forces.

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Source file: Laws/federal/codes/united-states-code/title-22/section-2767a-repealed-pub-l-101189-div-a-title-ix-931-d-2-nov-29-1989-103-stat-1535--5c187c14d1.md
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Source location: Title 22, Chapter 39, § 2767a; chapter-039-arms-export-control.md

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### Statutory Notes Section, Pub. L. 99–661, div. A, title XI, § 1105, Nov. 14, 1986, 100 Stat. 3965; Pub. L. 100–456, div. A, title X, § 1007, Sept. 29, 1988, 102 Stat. 2040, related to cooperative research and development with major non-NATO allies. See [section 2350a of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2350a&num=0&edition=prelim), Armed Forces.

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

10 U.S.C. § 2350a — Cooperative research and development agreements: NATO organizations; allied and friendly foreign countries

**(a) Authority To Engage in Cooperative R&D Projects.—** (1) The Secretary of Defense may enter into a memorandum of understanding (or other formal agreement) with one or more countries or organizations referred to in paragraph (2) for the purpose of conducting cooperative research and development projects on defense equipment and munitions. (2) The countries and organizations with which the Secretary may enter into a memorandum of agreement (or other formal agreement) under paragraph (1) are as follows: (A) The North Atlantic Treaty Organization. (B) A NATO organization. (C) A member nation of the North Atlantic Treaty Organization. (D) A major non-NATO ally. (E) Any other friendly foreign country. (F) The European Union, including the European Defence Agency, the European Commission, and the Council of the European Union, and their suborganizations. (3) If such a memorandum of understanding (or other formal agreement) is with a country referred to in subparagraph (E) of paragraph (2), such memorandum (or agreement) may go into effect only after the Secretary submits to the Committees on Armed Services and on Foreign Relations of the Senate and to the Committees on Armed Services and on International Relations of the House of Representatives a report with respect to the proposed memorandum (or agreement) and a period of 30 days has passed after the report has been submitted. **(b) Requirement That Projects Improve Conventional Defense Capabilities.—** (1) The Secretary of Defense may not enter into a memorandum of understanding (or other formal agreement) to conduct a cooperative research and development project under this section unless the Secretary determines that the proposed project will improve, through the application of emerging technolo

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

22 U.S.C. § 2761 — Sales from stocks

**(a) Eligible countries or international organizations; basis of payment; valuation of certain defense articles** (1) The President may sell defense articles and defense services from the stocks of the Department of Defense and the Coast Guard to any eligible country or international organization if such country or international organization agrees to pay in United States dollars— (A) in the case of a defense article not intended to be replaced at the time such agreement is entered into, not less than the actual value thereof; (B) in the case of a defense article intended to be replaced at the time such agreement is entered into, the estimated cost of replacement of such article, including the contract or production costs less any depreciation in the value of such article; or (C) in the case of the sale of a defense service, the full cost to the United States Government of furnishing such service, except that in the case of training sold to a purchaser who is concurrently receiving assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 [[22 U.S.C. 2347](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2347&num=0&edition=prelim) et seq.] or to any high-income foreign country (as described in that chapter), only those additional costs that are incurred by the United States Government in furnishing such assistance. (2) For purposes of subparagraph (A) of paragraph (1), the actual value of a naval vessel of 3,000 tons or less and 20 years or more of age shall be considered to be not less than the greater of the scrap value or fair value (including conversion costs) of such vessel, as determined by the Secretary of Defense. **(b) Time of payment** Except as provided by subsection (d) of this section, payment shall

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

22 U.S.C. § 2796d — Loan of materials, supplies, and equipment for research and development purposes

**(a) Loan or gift transactions; written agreement; covered programs** (1) Except as provided in subsection (c), the Secretary of Defense may loan to a country that is a NATO or major non-NATO ally materials, supplies, or equipment for the purpose of carrying out a program of cooperative research, development, testing, or evaluation. The Secretary may accept as a loan or a gift from a country that is a NATO or major non-NATO ally materials, supplies, or equipment for such purpose. (2) Each loan or gift transaction entered into by the Secretary under this section shall be provided for under the terms of a written agreement between the Secretary and the country concerned. (3) A program of testing or evaluation for which the Secretary may loan materials, supplies, or equipment under this section includes a program of testing or evaluation conducted solely for the purpose of standardization, interchangeability, or technical evaluation if the country to which the materials, supplies, or equipment are loaned agrees to provide the results of the testing or evaluation to the United States without charge. **(b) Reimbursement of consumed materials, etc.** The materials, supplies, or equipment loaned to a country under this section may be expended or otherwise consumed in connection with any testing or evaluation program without a requirement for reimbursement of the United States if the Secretary— (1) determines that the success of the research, development, test, or evaluation depends upon expending or otherwise consuming the materials, supplies, or equipment loaned to the country; and (2) approves of the expenditure or consumption of such materials, supplies, or equipment. **(c) Prohibitions** The Secretary of Defense may not loan to a country under this section any mate

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

22 U.S.C. § 2767a — Repealed. Pub. L. 101–189, div. A, title IX,

Page 1226 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2767a paragraph (2) given the risks identified in the assess- ment under paragraph (1). ‘‘(4) A listing of which, if any, requirements associ- ated with the oversight and management of a major defense acquisition program (as prescribed under De- partment of Defense Instruction 5000.02 or related au- thorities) will be waived, or in any way modified, in carrying out the development contract to be entered into under [subsection] (a)(1), and a full explanation why such requirements need to be waived or modi- fied. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) The term ‘engineering and manufacturing de- velopment’ has the meaning given that term in De- partment of Defense Instruction 5000.02. ‘‘(2) The term ‘major weapon system’ has the mean- ing given that term in section 2379(f) of title 10, United States Code [now 10 U.S.C. 3455(f)].’’ [Pub. L. 116–92, § 902(84), which directed the amend- ment of section 836(a)(2) of Pub. L. 112–81, set out above, by substituting ‘‘the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering,’’ for ‘‘the Under Secretary of Defense for Acquisition, Tech- nology, and Logistics, the Assistant Secretary of De- fense for Research,’’, was executed by making the sub- stitution for ‘‘the Under Secretary of Defense for Ac- quisition, Technology, and Logistics, the Assistant Secretary of Defense for Research and Engineering,’’ to reflect the probable intent of Congress.] Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of the President under this section, with certain conditions, see section 1(f) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16129, set out as a note under section 2751 of this

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