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22 U.S.C. § 2751 — Need for international defense cooperation and military export controls; Presidential waiver; report to Congress; arms sales policy
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.
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Stable record: federal_law:legal_authorities:record_usc_d99c3a6274ae4b6d42aa78af
Source file: Laws/federal/codes/united-states-code/title-22/section-2751-need-for-international-defense-cooperation-and-military-export-controls--4aa56d1aa7.md
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Source location: Title 22, Chapter 39, § 2751; chapter-039-arms-export-control.md
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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
**(a) Prohibited transactions by United States Government** The following transactions by the United States Government are prohibited:
(1) Exporting or otherwise providing (by sale, lease or loan, grant, or other means), directly or indirectly, any munitions item to a country described in subsection (d) under the authority of 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 any other law (except as provided in subsection (h)). In implementing this paragraph, the United States Government—
(A) shall suspend delivery to such country of any such item pursuant to any such transaction which has not been completed at the time the Secretary of State makes the determination described in subsection (d), and
(B) shall terminate any lease or loan to such country of any such item which is in effect at the time the Secretary of State makes that determination.
(2) Providing credits, guarantees, or other financial assistance under the authority of 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 any other law (except as provided in subsection (h)), with respect to the acquisition of any munitions item by a country described in subsection (d). In implementing this paragraph, the United States Government shall suspend expenditures pursuant to any such assistance obligated before the Secretary of State makes the determination described in subsection (d). The President may authorize expenditures otherwise required to be suspended pursuant to the preceding sentence if the President has determined, and reported to the Co
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2780
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Federal law — U.S. Code and appendices · legal_authorities
**(a) to (e) Omitted**
**(f) Avoidance of duplicative authorizations** This section shall not apply if the National Defense Authorization Act for Fiscal Year 1993 enacts the same authorities and requirements as are contained in this section and authorizes the appropriation of the same (or a greater) amount to carry out such authorities.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 5859a
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Federal law — U.S. Code and appendices · legal_authorities
No provision of this chapter shall be construed as modifying in any way the provisions of the Atomic Energy Act of 1954, as amended [[42 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) et seq.], or [section 8677 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8677&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2793
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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
**(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
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any authority granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.
**(b)** The authorities granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional declaration of policy** It is the policy of the United States that no sales should be made, and no credits (including participations in credits) or guaranties extended to or for any foreign country, the laws, regulations, official policies, or governmental practices of which prevent any United States person (as defined in [section 7701(a)(30) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701/a/30&num=0&edition=prelim)) from participating in the furnishing of defense articles or defense services under this chapter on the basis of race, religion, national origin, or sex.
**(b) Employment of personnel; required contractual provision**
(1) No agency performing functions under this chapter shall, in employing or assigning personnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary policies or practices of any foreign government where such policies or practices are based upon race, religion, national origin, or sex.
(2) Each contract entered into by any such agency for the performance of any function under this chapter shall contain a provision to the effect that no person, partnership, corporation, or other entity performing functions pursuant to such contract, shall, in employing or assigning personnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary policies or practices of any foreign government where such policies or practices are based upon race, religion, national origin, or sex.
**(c) Report by President; contents** The President shall promptly transmit reports to the Speaker of the House of Representatives, the Committee on Foreign Affairs
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2755
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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) Prohibition** The United States shall not provide any assistance under this chapter, the Food for Peace Act [[7 U.S.C. 1691](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1691&num=0&edition=prelim) et seq.], the Peace Corps Act [[22 U.S.C. 2501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2501&num=0&edition=prelim) et seq.], or the Export-Import Bank Act of 1945 [[12 U.S.C. 635](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section635&num=0&edition=prelim) et seq.] to any country if the Secretary of State determines that the government of that country has repeatedly provided support for acts of international terrorism.
**(b) Publication of determinations** Each determination of the Secretary of State under subsection (a), including each determination in effect on December 12, 1989, shall be published in the Federal Register.
**(c) Rescission** A determination made by the Secretary of State under subsection (a) may not be rescinded unless the President submits to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate—
(1) before the proposed rescission would take effect, a report certifying that—
(A) there has been a fundamental change in the leadership and policies of the government of the country concerned;
(B) that government is not supporting acts of international terrorism; and
(C) that government has provided assurances that it will not support acts of international terrorism in the future; or
(2) at least 45 days before the proposed rescission would take effect, a report justifying the rescission and certifying that—
(A) the government concerned has not provided any support for international terrorism d
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2371
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Federal law — U.S. Code and appendices · legal_authorities
(a) United States development cooperation policy
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2151
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