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22 U.S.C. § 2291c — Requirements relating to aircraft and other equipment
Federal law — U.S. Code and appendices · legal_authorities
**(a) Retention of title to aircraft**
(1) **In general**
(A) Except as provided in paragraph (2), any aircraft made available to a foreign country under this part, or made available to a foreign country primarily for narcotics-related purposes under any other provision of law, shall be provided only on a lease or loan basis.
(B) Subparagraph (A) applies to aircraft made available at any time after October 27, 1986 (which was the date of enactment of the International Narcotics Control Act of 1986).
(2) **Exceptions**
(A) Paragraph (1) shall not apply to the extent that—
(i) the application of that paragraph with respect to particular aircraft would be contrary to the national interest of the United States; and
(ii) the President notifies the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under [section 2394–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2394-1&num=0&edition=prelim).
(B) Paragraph (1) does not apply with respect to aircraft made available to a foreign country under any provision of law that authorizes property that has been civilly or criminally forfeited to the United States to be made available to foreign countries.
(3) **Assistance for leasing of aircraft**
(A) For purposes of satisfying the requirement of paragraph (1), funds made available for the “Foreign Military Financing Program” 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)] may be used to finance the leasing of aircraft under chapter 6 of that Act [[22 U.S.C. 2796](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-s
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Source location: Title 22, Chapter 32, § 2291c; chapter-032-foreign-assistance.md
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**(a) Retention of title to aircraft**
(1) **In general**
(A) Except as provided in paragraph (2), any aircraft made available to a foreign country under this part, or made available to a foreign country primarily for narcotics-related purposes under any other provision of law, shall be provided only on a lease or loan basis.
(B) Subparagraph (A) applies to aircraft made available at any time after October 27, 1986 (which was the date of enactment of the International Narcotics Control Act of 1986).
(2) **Exceptions**
(A) Paragraph (1) shall not apply to the extent that—
(i) the application of that paragraph with respect to particular aircraft would be contrary to the national interest of the United States; and
(ii) the President notifies the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under [section 2394–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2394-1&num=0&edition=prelim).
(B) Paragraph (1) does not apply with respect to aircraft made available to a foreign country under any provision of law that authorizes property that has been civilly or criminally forfeited to the United States to be made available to foreign countries.
(3) **Assistance for leasing of aircraft**
(A) For purposes of satisfying the requirement of paragraph (1), funds made available for the “Foreign Military Financing Program” 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)] may be used to finance the leasing of aircraft under chapter 6 of that Act [[22 U.S.C. 2796](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2796&num=0&edition=prelim) et seq.].
(B) Section 61(a)(3) 11 See References in Text note below. of that Act [[22 U.S.C. 2796(a)(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2796/a/3&num=0&edition=prelim)] shall not apply with respect to leases so financed; rather the entire cost of any such lease (including any renewals) shall be an initial, one time payment of the amount which would be the sales price for the aircraft if they were sold under section 21(a)(1)(B) or section 22 of that Act [[22 U.S.C. 2761(a)(1)(B)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2761/a/1/B&num=0&edition=prelim), 2762] (as appropriate).
(C) To the extent that aircraft so leased were acquired under chapter 5 of that Act [[22 U.S.C. 2795](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2795&num=0&edition=prelim) et seq.], funds used pursuant to this paragraph to finance such leases shall be credited to the Special Defense Acquisition Fund under chapter 5 of that Act (excluding the amount of funds that reflects the charges described in section 21(e)(1) of that Act [[22 U.S.C. 2761(e)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2761/e/1&num=0&edition=prelim)]). The funds described in the parenthetical clause of the preceding sentence shall be available for payments consistent with sections 37(a) and 43(b) of that Act [[22 U.S.C. 2777(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2777/a&num=0&edition=prelim), 2792(b)].
**(b) Permissible uses of aircraft and other equipment** The President shall take all reasonable steps to ensure that aircraft and other equipment made available to foreign countries under this part are used only in ways that are consistent with the purposes for which such equipment was made available.
**(c) Reports** In the reports submitted pursuant to [section 2291h(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2291h/a&num=0&edition=prelim), the President shall discuss—
(1) any evidence indicating misuse by a foreign country of aircraft or other equipment made available under this part, and
(2) the actions taken by the United States Government to prevent future misuse of such equipment by that foreign country.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Policy and general authorities**
(1) **Statements of policy**
(A) International narcotics trafficking poses an unparalleled transnational threat in today’s world, and its suppression is among the most important foreign policy objectives of the United States.
(B) Under the Single Convention on Narcotic Drugs, 1961, and under the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the parties are required to criminalize certain drug-related activities, provide appropriately severe penalties, and cooperate in the extradition of accused offenders.
(C) International narcotics control programs should include, as priority goals, the suppression of the illicit manufacture of and trafficking in narcotic and psychotropic drugs, money laundering, and precursor chemical diversion, and the progressive elimination of the illicit cultivation of the crops from which narcotic and psychotropic drugs are derived.
(D) International criminal activities, particularly international narcotics trafficking, money laundering, and corruption, endanger political and economic stability and democratic development, and assistance for the prevention and suppression of international criminal activities should be a priority for the United States.
(E) The international community should provide assistance, where appropriate, to those producer and transit countries which require assistance in discharging these primary obligations.
(F) The objective of the United States in dealing with the problem of international money laundering is to ensure that countries adopt comprehensive domestic measures against money laundering and cooperate with each other in narcotics money laundering investigations, prosecutions, and related forfeiture actions.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2291
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2381
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Preconditions** The President may lease defense articles in the stocks of the Department of Defense to an eligible foreign country or international organization if—
(1) he determines that there are compelling foreign policy and national security reasons for providing such articles on a lease basis rather than on a sales basis under this chapter;
(2) he determines that the articles are not for the time needed for public use;
(3) the President first considers the effects of the lease of the articles on the national technology and industrial base, particularly the extent, if any, to which the lease reduces the opportunities of entities in the national technology and industrial base to sell new equipment to the country or countries to which the articles are leased; and
(4) the country or international organization has agreed to pay in United States dollars all costs incurred by the United States Government in leasing such articles, including reimbursement for depreciation of such articles while leased, the costs of restoration or replacement if the articles are damaged while leased, and, if the articles are lost or destroyed while leased—
(A) in the event the United States intends to replace the articles lost or destroyed, the replacement cost (less any depreciation in the value) of the articles; or
(B) in the event the United States does not intend to replace the articles lost or destroyed, an amount not less than the actual value (less any depreciation in the value) specified in the lease agreement.
The requirement of paragraph (4) shall not apply to leases entered into for purposes of cooperative research or development, military exercises, or communications or electronics interface projects. The President may waive the requirement of paragraph (4) for re
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2796
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Federal law — U.S. Code and appendices · legal_authorities
**(a) International narcotics control strategy report** Not later than June 1 of each year, the President shall transmit to the Speaker of the House of Representatives, and to the Committee on Foreign Relations of the Senate, a report containing the following:
(1) For each country that received assistance under this part for either of the 2 preceding fiscal years, a report on the extent to which the country has—
(A) met the goals and objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, including action on such issues as illicit cultivation, production, distribution, sale, transport, and financing, and money laundering, asset seizure, extradition, mutual legal assistance, law enforcement and transit cooperation, precursor chemical control, and demand reduction;
(B) accomplished the goals described in an applicable bilateral narcotics agreement with the United States or a multilateral agreement; and
(C) taken legal and law enforcement measures to prevent and punish public corruption, especially by senior government officials, that facilitates the production, processing, or shipment of narcotic and psychotropic drugs and other controlled substances, or that discourages the investigation or prosecution of such acts.
(2)
(A) A description of the policies adopted, agreements concluded, and programs implemented by the Department of State in pursuit of its delegated responsibilities for international narcotics control, including appropriate information on the status of negotiations between the United States and other countries on updated extradition treaties, mutual legal assistance treaties, precursor chemical controls, money laundering, and agreements pursuant to section 2015 of the International Narc
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2291h
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2763
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Federal law — U.S. Code and appendices · legal_authorities
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
**(a) Establishment; purposes; special requirements and responsibilities; continuous orders for certain articles and services; articles for narcotics control purposes**
(1) Under the direction of the President and in consultation with the Secretary of State, the Secretary of Defense shall establish a Special Defense Acquisition Fund (hereafter in this subchapter referred to as the “Fund”), to be used as a revolving fund separate from other accounts, under the control of the Department of Defense, to finance the acquisition of defense articles and defense service in anticipation of their transfer pursuant to this chapter, 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 as otherwise authorized by law, to eligible foreign countries and international organizations, and may acquire such articles and services with the funds in the Fund as he may determine. Acquisition under this subchapter of items for which the initial issue quantity requirements for United States Armed Forces have not been fulfilled and are not under current procurement contract shall be emphasized when compatible with security assistance requirements for the transfer of such items.
(2) Nothing in this subchapter may be construed to limit or impair any responsibilities conferred upon the Secretary of State or the Secretary of Defense under this chapter or 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.].
(3) The Fund may be used to keep on continuous order such defense articles and defense services as are assigned by the Department of Defense for integrated management by
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2795
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Federal law — U.S. Code and appendices · legal_authorities
Page 734
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2291b
1 See References in Text note below.
priation aids in reducing the amount of illegal opiates
entering the international market, and provisions au-
thorizing availability of amounts appropriated until
expended.
1976—Pub. L. 94–329 inserted provision that author-
ized $40,000,000 for the fiscal year 1976, no part of which
can be obligated to any country where illegal opiate
traffic is a significant problem unless the President
certifies in writing to the Speaker of the House and
chairman of the Senate Committee on Foreign Rela-
tions that the assistance furnished is significantly the
amount of illegal opiates entering the international
market, and authorized $34,000,000 for the fiscal year
1977.
1973—Pub. L. 93–189 substituted ‘‘$42,500,000 for each
of the fiscal years 1974 and 1975. Amounts appropriated
under this section are authorized to remain available
until expended’’, for ‘‘$42,500,000 for the fiscal year 1973,
which amount is authorized to remain available until
expended’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99–83 effective Oct. 1, 1985, see
section 1301 of Pub. L. 99–83, set out as a note under sec-
tion 2151–1 of this title.
COLOMBIAN ANTI-NARCOTICS ENFORCEMENT PROGRAM
Pub. L. 96–533, title IV, § 402(c), Dec. 16, 1980, 94 Stat.
3150, provided: ‘‘Notwithstanding the provisions of sec-
tion 482(a)(2) of the Foreign Assistance Act of 1961 [sub-
sec. (a)(2) of this section] as in effect immediately prior
to the enactment of this Act [Dec. 16, 1980], funds ap-
propriated for the fiscal year 1980 to carry out the pur-
poses of section 481 of that Act [section 2291 of this
title] which were obligated for assistance for Colomb
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2291c
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Page 1207
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2761
State when executive orders, regulations, or depart-
mental directives implementing the amendments by
sections 161 and 162 of Pub. L. 103–236 become effective,
or 90 days after Apr. 30, 1994, whichever comes earlier,
see section 161(b) of Pub. L. 103–236, as amended, set out
as a note under section 2651a of this title.
Executive Documents
DELEGATION OF FUNCTIONS
For delegation of functions of the President under
this section, see section 1(b) of Ex. Ord. No. 13637, Mar.
8, 2013, 78 F.R. 16129, set out as a note under section 2751
of this title. Functions were previously delegated by
Ex. Ord. No. 11958, which was formerly set out as a note
under section 2751 of this title and was revoked, subject
to a savings provision, by section 4 of Ex. Ord. No.
13637.
§ 2756. Foreign intimidation and harassment of
individuals in United States
No letters of offer may be issued, no credits or
guarantees may be extended, and no export li-
censes may be issued under this chapter with re-
spect to any country determined by the Presi-
dent to be engaged in a consistent pattern of
acts of intimidation or harassment directed
against individuals in the United States. The
President shall report any such determination
promptly to the Speaker of the House of Rep-
resentatives, the Committee on Foreign Affairs
of the House of Representatives, and to the
chairman of the Committee on Foreign Rela-
tions of the Senate.
(Pub. L. 90–629, ch. 1, § 6, as added Pub. L. 97–113,
title I, § 115, Dec. 29, 1981, 95 Stat. 1528; amended
Pub. L. 113–276, title II, § 208(a)(1), Dec. 18, 2014,
128 Stat. 2992.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub.
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2761
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