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22 U.S.C. § 2794 — Definitions

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

22 U.S.C. § 2794 — Definitions

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Stable record: federal_law:legal_authorities:record_usc_92b51810b07dcd32a5742365
Source file: Laws/federal/codes/united-states-code/title-22/section-2794-definitions--d515057546.md
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Source location: Title 22, Chapter 39, § 2794; chapter-039-arms-export-control.md

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For purposes of this chapter, the term— (1) “excess defense article” has the meaning provided by [section 2403(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2403/g&num=0&edition=prelim); (2) “value” means, in the case of an excess defense article, except as otherwise provided in [section 2761(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2761/a&num=0&edition=prelim), not less than the greater of— (A) the gross cost incurred by the United States Government in repairing, rehabilitating, or modifying such article, plus the scrap value; or (B) the market value, if ascertainable; (3) “defense article”, except as provided in paragraph (7) of this section, means, with respect to a sale or transfer by the United States under the authority of this chapter or any other foreign assistance or sales program of the United States— (A) any weapon, weapons system, munition, aircraft, vessel, boat, or other implement of war, (B) any property, installation, commodity, material, equipment, supply, or goods used for the purposes of making military sales, (C) any machinery, facility, tool, material, supply, or other item necessary for the manufacture, production, processing, repair, servicing, storage, construction, transportation, operation, or use of any article listed in this paragraph, and (D) any component or part of any article listed in this paragraph, but does not include merchant vessels or (as defined by the Atomic Energy Act of 1954 [[42 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) et seq.]) source material (except uranium depleted in the isotope 235 which is incorporated in defense articles solely to take advantage of high density or pyrophoric characteristics unrelated to radioactivity), byproduct material, special nuclear material, production facilities, utilization facilities, or atomic weapons or articles involving Restricted Data; (4) “defense service”, except as provided in paragraph (7) of this section, means, with respect to a sale or transfer by the United States under the authority of this chapter or any other foreign assistance or sales program of the United States, any service, test, inspection, repair, training, publication, technical or other assistance, or defense information (as defined in [section 2403(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2403/e&num=0&edition=prelim)), used for the purposes of making military sales, but does not include design and construction services under [section 2769 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2769&num=0&edition=prelim); (5) “training” includes formal or informal instruction of foreign students in the United States or overseas by officers or employees of the United States, contract technicians, or contractors (including instruction at civilian institutions), or by correspondence courses, technical, educational, or information publications and media of all kinds, training aid, orientation, training exercise, and military advice to foreign military units and forces; (6) “major defense equipment” means any item of significant military equipment on the United States Munitions List having a nonrecurring research and development cost of more than $50,000,000 or a total production cost of more than $200,000,000; (7) “defense articles and defense services” means, with respect to commercial exports subject to the provisions of [section 2778 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2778&num=0&edition=prelim), those items designated by the President pursuant to subsection (a)(1) of such section; (8) “design and construction services” means, with respect to sales under [section 2769 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2769&num=0&edition=prelim), the design and construction of real property facilities, including necessary construction equipment and materials, engineering services, construction contract management services relating thereto, and technical advisory assistance in the operation and maintenance of real property facilities provided or performed by any department or agency of the Department of Defense or by a contractor pursuant to a contract with such department or agency; (9) “significant military equipment” means articles— (A) for which special export controls are warranted because of the capacity of such articles for substantial military utility or capability; and (B) identified on the United States Munitions List; (10) “weapons of mass destruction” has the meaning provided by [section 2302(1) of title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2302/1&num=0&edition=prelim); and (11) “Sales territory” means a country or group of countries to which a defense article or defense service is authorized to be reexported.

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

22 U.S.C. § 2778 — Control of arms exports and imports

**(a) Presidential control of exports and imports of defense articles and services, guidance of policy, etc.; designation of United States Munitions List; issuance of export licenses; negotiations information** (1) In furtherance of world peace and the security and foreign policy of the United States, the President is authorized to control the import and the export of defense articles and defense services and to provide foreign policy guidance to persons of the United States involved in the export and import of such articles and services. The President is authorized to designate those items which shall be considered as defense articles and defense services for the purposes of this section and to promulgate regulations for the import and export of such articles and services. The items so designated shall constitute the United States Munitions List. (2) Decisions on issuing export licenses under this section shall take into account whether the export of an article would contribute to an arms race, aid in the development of weapons of mass destruction, support international terrorism, increase the possibility of outbreak or escalation of conflict, or prejudice the development of bilateral or multilateral arms control or nonproliferation agreements or other arrangements. (3) In exercising the authorities conferred by this section, the President may require that any defense article or defense service be sold under this chapter as a condition of its eligibility for export, and may require that persons engaged in the negotiation for the export of defense articles and services keep the President fully and currently informed of the progress and future prospects of such negotiations. **(b) Registration and licensing requirements for manufacturers, exporters, or importers of d

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2778

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

22 U.S.C. § 2769 — Foreign military construction sales

The President may sell design and construction services to any eligible foreign country or international organization if such country or international organization agrees to pay in United States dollars not less than the full cost to the United States Government of furnishing such services. Payment shall be made to the United States Government in advance of the performance of such services by officers or employees of the United States Government. The President may, without requirement for charge to any appropriation or contract authorization otherwise provided, enter into contracts for the procurement of design and construction services for sale under this section if such country or international organization provides the United States Government with a dependable undertaking (1) to pay the full amount of such contract which will assure the United States Government against any loss on the contract, and (2) to make funds available in such amounts and at such time as may be required to meet the payments required by the contract and any damages and costs that may accrue from the cancellation of such contract, in advance of the time such payments, damages, or costs are due.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2769

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

42 U.S.C. § 2011 — Congressional declaration of policy

Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that— **(a)** the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and **(b)** the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2011

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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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2751

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

10 U.S.C. § 4975 — Definitions

In this subchapter: (1) The terms “defense article”, “defense services”, and “design and construction services” have the meanings given those terms in section 47 of the Arms Export Control Act ([22 U.S.C. 2794](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2794&num=0&edition=prelim)). (2) The term “cost”, with respect to a loan guarantee, has the meaning given that term in section 502 of the Congressional Budget and Impoundment Control Act of 1974 ([2 U.S.C. 661a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section661a&num=0&edition=prelim)).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4975

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

16 U.S.C. § 7611 — Definitions

In this chapter: (1) **Appropriate congressional committees** — The term “appropriate congressional committees” means— (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) **Co-Chairs of the Task Force** — The term “Co-Chairs of the Task Force” means the Secretary of State, the Secretary of the Interior, and the Attorney General, as established pursuant to Executive Order 13648. (3) **Community conservation** — The term “community conservation” means an approach to conservation involving local communities that recognizes the rights of local people to manage, or benefit directly and indirectly from wildlife and other natural resources in a long-term biologically viable manner and includes— (A) devolving management and governance to local communities to create positive conditions for resource use that takes into account current and future ecological requirements; and (B) building the capacity of communities for conservation and natural resource management. (4) **Country of concern** — The term “country of concern” means a foreign country specially designated by the Secretary of State pursuant to [section 7621(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7621/b&num=0&edition=prelim) as a major source of wildlife trafficking products or their derivatives, a major transit point of wildlife trafficking products or their derivatives, or a major consumer of wildlife trafficking products, in which— (A) the government has actively engaged in, or knowingly profited from, the trafficking of protected species; or (B) the government facilitates such trafficking thro

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 7611

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

22 U.S.C. § 10432 — Authorization of sales of Virginia Class submarines to Australia

**(a) In general** Effective beginning on the date that is one year after December 22, 2023, the President is authorized to transfer up to two Virginia Class submarines from the inventory of the Department of the Navy to the Government of Australia on a sale basis, and transfer not more than one additional Virginia Class submarine to the Government of Australia on a sale basis pursuant to section 21 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)) during the 20-year period beginning on December 22, 2023, to implement the trilateral security partnership between Australia, the United Kingdom, and the United States (in this section referred to as the “AUKUS partnership”). **(b) Provisions of law superseded** The transfer of a vessel authorized under subsection (a) shall not be subject to the requirements of— (1) section 36 of the Arms Export Control Act ([22 U.S.C. 2776](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2776&num=0&edition=prelim)); or (2) [section 8677 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8677&num=0&edition=prelim). **(c) Costs of transfers** Any expense incurred by the United States in connection with a transfer of a vessel authorized under subsection (a) shall be charged to the Government of Australia notwithstanding [section 2321j(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2321j/e&num=0&edition=prelim). **(d) Certifications and other requirements** (1) **In general** — Not later than 270 days prior to the transfer of a vessel authorized under subsection (a), the President shall submit to the appropriate congressional c

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 10432

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2151

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2761

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

22 U.S.C. § 3302 — Implementation of United States policy with regard to Taiwan

**(a) Defense articles and services** In furtherance of the policy set forth in [section 3301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3301&num=0&edition=prelim), the United States will make available to Taiwan such defense articles and defense services in such quantity as may be necessary to enable Taiwan to maintain a sufficient self-defense capability. **(b) Determination of Taiwan’s defense needs** The President and the Congress shall determine the nature and quantity of such defense articles and services based solely upon their judgment of the needs of Taiwan, in accordance with procedures established by law. Such determination of Taiwan’s defense needs shall include review by United States military authorities in connection with recommendations to the President and the Congress. **(c) United States response to threats to Taiwan or dangers to United States interests** The President is directed to inform the Congress promptly of any threat to the security or the social or economic system of the people on Taiwan and any danger to the interests of the United States arising therefrom. The President and the Congress shall determine, in accordance with constitutional processes, appropriate action by the United States in response to any such danger.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3302

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