22 U.S.C. § 2375 — Assistance to Pakistan

Page 869 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2375 ‘‘(1) the inability to achieve a just and lasting Cy- prus settlement will continue to affect relations among the United States and its close NATO allies, Greece and Turkey, to the detriment of larger, mutu- ally shared, security interests in the Eastern Medi- terranean region; ‘‘(2) it is of paramount importance that Cyprus, Greece, and Turkey resolve their differences through negotiations and otherwise peaceful procedures, and that the United States should support the resolution of these differences through all the diplomatic means at its disposal; ‘‘(3) it is in the national interest of the United States that the President make a significant new dip- lomatic demarche towards bringing this dispute to a resolution; and ‘‘(4) it is also in the national interest of the United States to undertake a diplomatic initiative to pro- mote the peaceful and equitable resolution of dif- ferences between Greece and Turkey in the Aegean by fostering a renewed and sustained bilateral dialogue between those countries on such issues as: the delin- eation of the continental shelf, the definition of the territorial seas, air traffic control over the Aegean, NATO command and control arrangements in the Ae- gean, and the status of Lemnos and NATO exercises in the Aegean. ‘‘(b) APPOINTMENT OF SPECIAL AMBASSADOR.—The President is authorized to appoint a special ambassa- dorial level envoy who shall be responsible for rep- resenting the United States in direct negotiations with the parties to the Cyprus dispute, for representing the United States in negotiations through international intermediaries and, generally, lending the good offices of the United States to the parties in this dispute in order to facilitate a peaceful settlement on Cyprus. As agreed to by Greece and Turkey, the special envoy shall also represent the United States in promoting mutual discussions between those countries concerning their differences on Aegean issues. The special ambas- sador appointed under this section shall have available the services of two deputies (one to specialize on the Cyprus question, the other on general Aegean issues) and such senior level Department of State personnel as may be required by the special ambassador in order to carry out his responsibilities. ‘‘(c) REPORT.—Not later than June 1, 1988, the Presi- dent shall submit a report to the Congress describing in detail the activities being undertaken by the special ambassador, the progress being made toward achieve- ment of a peaceful resolution of the Cyprus dispute, an assessment of the obstacles to achievement of such a resolution and of the future role of the United States in acheiving [sic] a settlement on Cyprus, and an as- sessment of the progress being made toward resolution of issues affecting the Aegean region. ‘‘(d) FUNDING.—Up to $500,000 of the funds appro- priated under any heading of this Act [Foreign Oper- ations, Export Financing, and Related Programs Ap- propriations Act, 1988, as enacted by section 101(e) of Pub. L. 101–202] which are allocated for Greece and up to $500,000 of the funds appropriated under any heading of this Act which are allocated for Turkey, may be used by the Department of State for any administrative costs associated with the activities of the special am- bassador and supporting personnel, including transpor- tation, salaries and per diem.’’ DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES Pub. L. 117–81, div. A, title XIII, § 1317, Dec. 27, 2021, 135 Stat. 2001, provided that: ‘‘In this subtitle [subtitle B (§§ 1311–1317) of title XIII of div. A of Pub. L. 117–81, enacting provisions set out as a note above and as a note preceding section 261 of this title], the term ‘ap- propriate congressional committees’ means— ‘‘(1) the Committee on Foreign Relations, the Com- mittee on Armed Services, and the Committee on Ap- propriations of the Senate; and ‘‘(2) the Committee on Foreign Affairs, the Com- mittee on Armed Services, and the Committee on Ap- propriations of the House of Representatives.’’ Executive Documents DELEGATION OF FUNCTIONS For delegation of congressional reporting functions of President under subsec. (c) of this section, see sec- tion 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46073, set out as a note under section 301 of Title 3, The Presi- dent. DELEGATION OF AUTHORITIES UNDER THE NATIONAL DE- FENSE AUTHORIZATION ACT FOR FISCAL YEAR 2020 AND THE EASTERN MEDITERRANEAN SECURITY AND ENERGY PARTNERSHIP ACT OF 2019 Memorandum of President of the United States, Apr. 14, 2020, 85 F.R. 35797, provided: Memorandum for the Secretary of State By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of State the authorities vested in the President by section 1250A(d) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) [22 U.S.C. 2373 note] and section 205(d) of the Eastern Mediterranean Security and Energy Partnership Act of 2019 (Title II, Div. J, Public Law 116–94) [22 U.S.C. 2373 note]. Any reference in this memorandum to either Act shall be deemed to be a reference to such Acts as amended from time to time. You are authorized and directed to publish this memorandum in the Federal Register. DONALD J. TRUMP. § 2374. Repealed. Pub. L. 108–458, title VII, § 7104(l), Dec. 17, 2004, 118 Stat. 3788 Section, Pub. L. 87–195, pt. III, § 620D, as added Pub. L. 96–53, title V, § 505, Aug. 14, 1979, 93 Stat. 378, related to prohibition on assistance to Afghanistan. § 2375. Assistance to Pakistan (a) Congressional policy, findings, and goals The Congress recognizes that Soviet forces oc- cupying Afghanistan pose a security threat to Pakistan. The Congress also recognizes that an independent and democratic Pakistan with con- tinued friendly ties with the United States is in the interest of both nations. The Congress finds that United States assistance will help Pakistan maintain its independence. Assistance to Paki- stan is intended to benefit the people of Paki- stan by helping them meet the burdens imposed by the presence of Soviet forces in Afghanistan and by promoting economic development. In au- thorizing assistance to Pakistan, it is the intent of Congress to promote the expeditious restora- tion of full civil liberties and representative government in Pakistan. The Congress further recognizes that it is in the mutual interest of Pakistan and the United States to avoid the pro- foundly destabilizing effects of the proliferation of nuclear explosive devices or the capacity to manufacture or otherwise acquire nuclear de- vices. (b) Reaffirmation of 1959 bilateral agreement The United States reaffirms the commitment made in its 1959 bilateral agreement with Paki- stan relating to aggression from a Communist or Communist-dominated state. (c) Availability; defensive aspects of assistance Security assistance for Pakistan shall be made available in order to assist Pakistan in dealing Page 870 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2375 with the threat to its security posed by the So- viet presence in Afghanistan. The United States will take appropriate steps to ensure that de- fense articles provided by the United States to Pakistan are used for defensive purposes. (d) Waiver of limitations respecting nuclear transfers The President may waive the prohibitions of section 2799aa of this title with respect to any grounds for the prohibition of assistance under that section arising before the effective date of part B of the Nuclear Proliferation Prevention Act of 1994 to provide assistance to Pakistan if he determines that to do so is in the national in- terest of the United States. (e) Nuclear non-proliferation conditions on mili- tary assistance; exception (1) No military assistance shall be furnished to Pakistan and no military equipment or tech- nology shall be sold or transferred to Pakistan, pursuant to the authorities contained in this chapter or any other Act, unless the President shall have certified in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, during the fiscal year in which military assistance is to be furnished or military equip- ment or technology is to be sold or transferred, that Pakistan does not possess a nuclear explo- sive device and that the proposed United States military assistance program will reduce signifi- cantly the risk that Pakistan will possess a nu- clear explosive device. (2) The prohibitions in this section do not apply to any assistance or transfer provided for the purposes of: (A) International narcotics control (includ- ing part VIII of subchapter I of this chapter) or any provision of law available for providing assistance for counternarcotics purposes. (B) Facilitating military-to-military con- tact, training (including part V of subchapter II of this chapter) and humanitarian and civic assistance projects. (C) Peacekeeping and other multilateral op- erations (including part VI of subchapter II of this chapter relating to peacekeeping) or any provision of law available for providing assist- ance for peacekeeping purposes, except that lethal military equipment provided under this subparagraph shall be provided on a lease or loan basis only and shall be returned upon completion of the operation for which it was provided. (D) Antiterrorism assistance (including part VIII of subchapter II of this chapter relating to antiterrorism assistance) or any provision of law available for antiterrorism assistance purposes. (3) The restrictions of this subsection shall continue to apply to contracts for the delivery of F–16 aircraft to Pakistan. (4) Notwithstanding the restrictions contained in this subsection, military equipment, tech- nology, or defense services, other than F–16 air- craft, may be transferred to Pakistan pursuant to contracts or cases entered into before October 1, 1990. (f) Storage costs The President may release the Government of Pakistan of its contractual obligation to pay the United States Government for the storage costs of items purchased prior to October 1, 1990, but not delivered by the United States Govern- ment pursuant to subsection (e) and may reim- burse the Government of Pakistan for any such amount paid, on such terms and conditions as the President may prescribe: Provided, That such payments have no budgetary impact. (g) Inapplicability of restrictions to previously owned items Subsection (e) does not apply to broken, worn or unupgraded items or their equivalent which Pakistan paid for and took possession of prior to October 1, 1990 and which the Government of Pakistan sent to the United States for repair or upgrade. Such equipment or its equivalent may be returned to the Government of Pakistan: Pro- vided, That the President determines and so cer- tifies to the appropriate congressional commit- tees that such equipment or equivalent neither constitutes nor has received any significant qualitative upgrade since being transferred to the United States and that its total value does not exceed $25,000,000. (h) Ballistic missile sanctions not affected Nothing contained herein shall affect sanc- tions for transfers of missile equipment or tech- nology required under section 4612 of title 50 or section 2797b of this title. (Pub. L. 87–195, pt. III, § 620E, as added Pub. L. 97–113, title VII, § 736, Dec. 29, 1981, 95 Stat. 1561; amended Pub. L. 99–83, title IX, § 902, Aug. 8, 1985, 99 Stat. 267; Pub. L. 100–202, § 101(e) [title V, § 557], Dec. 22, 1987, 101 Stat. 1329–131, 1329–170; Pub. L. 101–167, title V, § 591, Nov. 21, 1989, 103 Stat. 1253; Pub. L. 101–513, title V, § 574(a), Nov. 5, 1990, 104 Stat. 2042; Pub. L. 102–145, § 118, as added Pub. L. 102–266, § 102, Apr. 1, 1992, 106 Stat. 93; Pub. L. 102–391, title V, § 570(a), Oct. 6, 1992, 106 Stat. 1681; Pub. L. 103–87, title V, § 536(a), Sept. 30, 1993, 107 Stat. 955; Pub. L. 103–236, title VIII, § 822(b)(2), Apr. 30, 1994, 108 Stat. 512; Pub. L. 104–107, title V, § 559(a), Feb. 12, 1996, 110 Stat. 743.) Editorial Notes REFERENCES IN TEXT For effective date of part B of the Nuclear Prolifera- tion Prevention Act of 1994, referred to in subsec. (d), as the date 60 days after Apr. 30, 1994, see section 831 of Pub. L. 103–236, set out as an Effective Date note under section 6301 of this title. This chapter, referred to in subsec. (e), was in the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. CODIFICATION Amendment by Pub. L. 102–145 is based on section 572(a) of H.R. 2621, One Hundred Second Congress, 1st Session, as passed by the House of Representatives on June 19, 1991, which was enacted into law by Pub. L. 102–145, § 118, as added by Pub. L. 102–266, § 102, Apr. 1, 1992, 106 Stat. 93. Section 118 of Pub. L. 102–145 provided that the authority and conditions provided in such sec- Page 871 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2375 tion 572 shall be applicable to funds appropriated by Pub. L. 102–145 (and are hereby enacted) in lieu of the authority and conditions provided in section 574 of Pub. L. 101–513. See 1990, 1991, and 1992 Amendment notes below. AMENDMENTS 1996—Subsec. (e). Pub. L. 104–107, § 559(a)(1), des- ignated existing provisions as par. (1), substituted ‘‘military assistance’’ for ‘‘assistance’’ wherever ap- pearing, and added par. (2). Subsecs. (f) to (h). Pub. L. 104–107, § 559(a)(2), added subsecs. (f) to (h). 1994—Subsec. (d). Pub. L. 103–236 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as fol- lows: ‘‘The President may waive the prohibitions of section 2429 of this title at any time during the period beginning on December 29, 1981, and ending on Sep- tember 30, 1994, to provide assistance to Pakistan dur- ing that period if he determines that to do so is in the national interest of the United States.’’ 1993—Subsec. (d). Pub. L. 103–87, which directed the substitution of ‘‘September 30, 1994’’ for the date speci- fied in subsec. (d), was executed by substituting ‘‘Sep- tember 30, 1994’’ for ‘‘September 30, 1993’’. See 1992 Amendment note below. 1992—Subsec. (d). Pub. L. 102–391, which directed the substitution of ‘‘September 30, 1993’’ for the date speci- fied in subsec. (d), was executed by substituting ‘‘Sep- tember 30, 1993’’ for ‘‘April 1, 1993’’. See 1991 Amend- ment note below. Pub. L. 102–266 added Pub. L. 102–145, § 118. See 1991 Amendment note below. 1991—Subsec. (d). Pub. L. 102–145, § 118, as added by Pub. L. 102–266, which directed the amendment of sub- sec. (d) by substituting ‘‘April 1, 1993’’ for ‘‘April 1, 1991’’ in lieu of amendment by Pub. L. 101–513, § 574(a), was executed by substituting ‘‘April 1, 1993’’ for ‘‘April 1, 1992’’ to reflect the probable intent of Congress. See Codification note above and 1990 Amendment note below. 1990—Subsec. (d). Pub. L. 101–513 substituted ‘‘April 1, 1992’’ for ‘‘April 1, 1991’’. 1989—Subsec. (d). Pub. L. 101–167 substituted ‘‘April 1, 1991’’ for ‘‘April 1, 1990’’. 1987—Subsec. (d). Pub. L. 100–202 substituted ‘‘April 1, 1990’’ for ‘‘September 30, 1987’’. 1985—Subsec. (e). Pub. L. 99–83 added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–236 effective 60 days after Apr. 30, 1994, see section 831 of Pub. L. 103–236, set out as an Effective Date note under section 6301 of this title. 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. STRATEGY FOR THE UNITED STATES RELATIONSHIP WITH PAKISTAN Pub. L. 110–53, title XX, § 2042(a)–(f), Aug. 3, 2007, 121 Stat. 520–523, provided that: ‘‘(a) CONGRESSIONAL FINDINGS.—Congress finds the following: ‘‘(1) A democratic, stable, and prosperous Pakistan that is a full and reliable partner in the struggle against the Taliban, al Qaeda, and other terrorist groups, and is a responsible steward of its nuclear weapons and technology, is vital to the national secu- rity of the United States. ‘‘(2) Since September 11, 2001, the Government of Pakistan has been a critical ally and an important partner in removing the Taliban regime in Afghani- stan and combating al Qaeda. ‘‘(3) Pakistan has made great sacrifices in the shared struggle against al Qaeda-affiliated terrorist groups, engaging in military operations that have led to the deaths of hundreds of Pakistani security per- sonnel and enduring acts of terrorism that have killed hundreds of Pakistani civilians. ‘‘(4) Publicly-stated goals of the Government of Pakistan and the national interests of the United States are in close agreement in many areas, includ- ing— ‘‘(A) curbing the proliferation of nuclear weapons technology; ‘‘(B) combating poverty and corruption; ‘‘(C) enabling effective government institutions, including public education; ‘‘(D) promoting democracy and the rule of law, particularly at the national level; ‘‘(E) addressing the continued presence of Taliban and other violent extremist forces throughout the country; ‘‘(F) maintaining the authority of the Govern- ment of Pakistan in all parts of its national terri- tory; ‘‘(G) securing the borders of Pakistan to prevent the movement of militants and terrorists into other countries and territories; and ‘‘(H) effectively dealing with violent extremism. ‘‘(5) The opportunity exists for shared effort in helping to achieve correlative goals with the Govern- ment of Pakistan, particularly— ‘‘(A) increased United States assistance to Paki- stan, as appropriate, to achieve progress in meeting the goals of subparagraphs (A) through (C) of para- graph (4); ‘‘(B) increased commitment on the part of the Government of Pakistan to achieve the goals of paragraph (4)(D), particularly given continued con- cerns, based on the conduct of previous elections, regarding whether parliamentary elections sched- uled for 2007 will be free, fair, and inclusive of all political parties and carried out in full accordance with internationally-recognized democratic norms; and ‘‘(C) increased commitment on the part of the Government of Pakistan to take actions described in paragraph (4)(E), particularly given— ‘‘(i) the continued operation of the Taliban’s Quetta shura, as noted by then-North Atlantic Treaty Organization Supreme Allied Commander General James Jones in testimony before the Senate Foreign Relations Committee on Sep- tember 21, 2006; and ‘‘(ii) the continued operation of al Qaeda affili- ates Lashkar-e Taiba and Jaish-e Muhammad, sometimes under different names, as dem- onstrated by the lack of meaningful action taken against Hafiz Muhammad Saeed, Maulana Masood Azhar, and other known leaders and members of such terrorist organizations; and ‘‘(D) increased commitment on the part of the Government of the United States in regard to work- ing with all elements of Pakistan [sic] society in helping to achieve the correlative goals described in subparagraphs (A) through (H) of paragraph (4). ‘‘(b) STATEMENTS OF POLICY.—The following shall be the policy of the United States: ‘‘(1) To maintain and deepen its friendship and long-term strategic relationship with Pakistan. ‘‘(2) To work with the Government of Pakistan to combat international terrorism, especially in the frontier provinces of Pakistan, and to end the use of Pakistan as a safe haven for terrorist groups, includ- ing those associated with al Qaeda or the Taliban. ‘‘(3) To support robust funding for programs of the United States Agency for International Development and the Department of State that assist the Govern- ment of Pakistan in working toward the goals de- scribed in subsection (a)(4), as the Government of Pakistan demonstrates a clear commitment to build- ing a moderate, democratic state. ‘‘(4) To work with the international community to secure additional financial and political support to Page 872 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2375 effectively implement the policies set forth in this subsection. ‘‘(5) To facilitate a just resolution of the dispute over the territory of Kashmir, to the extent that such facilitation is invited and welcomed by the Govern- ments of Pakistan and India and by the people of Kashmir. ‘‘(6) To facilitate greater communication and co- operation between the Governments of Afghanistan and Pakistan for the improvement of bilateral rela- tions and cooperation in combating terrorism in both countries. ‘‘(7) To work with the Government of Pakistan to dismantle existing proliferation networks and pre- vent the proliferation of nuclear technology. ‘‘(c) STRATEGY RELATING TO PAKISTAN.— ‘‘(1) REQUIREMENT FOR REPORT ON STRATEGY.—Not later than 90 days after the date of the enactment of this Act [Aug. 3, 2007], the President shall transmit to the appropriate congressional committees a report that describes the long-term strategy of the United States to engage with the Government of Pakistan to achieve the goals described in subparagraphs (A) through (H) of subsection (a)(4) and to carry out the policies described in subsection (b). ‘‘(2) FORM.—The report required by paragraph (1) shall be transmitted in unclassified form, but may in- clude a classified annex, if necessary. ‘‘(d) LIMITATION ON UNITED STATES SECURITY ASSIST- ANCE TO PAKISTAN.— ‘‘(1) LIMITATION.—For fiscal year 2008, United States assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.) or sec- tion 23 of the Arms Export Control Act (22 U.S.C. 2763) may not be provided to, and a license for any item controlled under the Arms Export Control Act (22 U.S.C. 2751 et seq.) may not be approved for, Paki- stan until the President transmits to the appropriate congressional committees a report that contains a determination of the President that the Government of Pakistan— ‘‘(A) is committed to eliminating from Pakistani territory any organization such as the Taliban, al Qaeda, or any successor, engaged in military, insur- gent, or terrorist activities in Afghanistan; ‘‘(B) is undertaking a comprehensive military, legal, economic, and political campaign to achiev- ing the goal described in subparagraph (A); and ‘‘(C) is currently making demonstrated, signifi- cant, and sustained progress toward eliminating support or safe haven for terrorists. ‘‘(2) MEMORANDUM OF JUSTIFICATION.—The President shall include in the report required by paragraph (1) a memorandum of justification setting forth the basis for the President’s determination under paragraph (1). ‘‘(3) FORM.—The report required by paragraph (1) and the memorandum of justification required by paragraph (2) shall be transmitted in unclassified form, but may include a classified annex, if nec- essary. ‘‘(e) NUCLEAR PROLIFERATION.— ‘‘(1) CONGRESSIONAL FINDING.—Congress finds that the maintenance by any country of a procurement or supply network for the illicit proliferation of nuclear and missile technologies would be inconsistent with that country being considered an ally of the United States. ‘‘(2) SENSE OF CONGRESS.—It is the sense of Congress that the national security interest of the United States will best be served if the United States devel- ops and implements a long-term strategy to improve the United States relationship with Pakistan and works with the Government of Pakistan to stop nu- clear proliferation. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—There is authorized to be appro- priated to the President such sums as may be nec- essary to provide assistance described in subsection (d)(1) for Pakistan for fiscal year 2008 in accordance with the requirements of subsection (d)(1). ‘‘(2) OTHER FUNDS.—Amounts authorized to be ap- propriated under this subsection are in addition to amounts otherwise available for such purposes. ‘‘(3) DECLARATION OF POLICY.—Congress declares that the amount of funds appropriated pursuant to the authorization of appropriations under paragraph (1) and for subsequent fiscal years shall be deter- mined by the extent to which the Government of Pakistan displays demonstrable progress in— ‘‘(A) preventing al Qaeda and other terrorist orga- nizations from operating in the territory of Paki- stan, including eliminating terrorist training camps or facilities, arresting members and leaders of terrorist organizations, and countering recruit- ment efforts; ‘‘(B) preventing the Taliban from using the terri- tory of Pakistan as a sanctuary from which to launch attacks within Afghanistan, including by arresting Taliban leaders, stopping cross-border in- cursions, and countering recruitment efforts; and ‘‘(C) implementing democratic reforms, including allowing free, fair, and inclusive elections at all levels of government in accordance with inter- nationally-recognized democratic norms, and re- specting the independence of the press and judici- ary. ‘‘(4) BIANNUAL REPORTS TO CONGRESS.— ‘‘(A) IN GENERAL.—The Secretary of State shall submit to the appropriate congressional commit- tees a biannual report describing in detail the ex- tent to which the Government of Pakistan has dis- played demonstrable progress in meeting the goals described in subparagraphs (A) through (C) of para- graph (3). ‘‘(B) SCHEDULE FOR SUBMISSION.—The report re- quired by subparagraph (A) shall be submitted not later than April 15 and October 15 of each year until October 15, 2009. ‘‘(C) FORM.—The report required by subparagraph (A) shall be submitted in unclassified form, but may include a classified annex, if necessary.’’ [For definition of ‘‘appropriate congressional com- mittees’’ as used in section 2042(a)–(f) of Pub. L. 110–53, set out above, see section 2002 of Pub. L. 110–53, set out as a note under section 2151 of this title.] [Functions of President under section 2042(c)(1), (d) of Pub. L. 110–53, set out above, assigned to Secretary of State by Memorandum of President of the United States, Sept. 28, 2007, 72 F.R. 56871, set out as a note under section 2228 of this title.] Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. NUCLEAR NON-PROLIFERATION CONDITIONS ON ASSISTANCE FOR PAKISTAN Determination of President of the United States, No. 90–15, Mar. 28, 1990, 55 F.R. 17417, provided: Memorandum for the Secretary of State By the authority vested in me as President by the Constitution and laws of the United States of America, including section 620E(d) of the Foreign Assistance Act of 1961, as amended (‘‘the Act’’) (22 U.S.C. 2375(d)), I hereby determine, pursuant to section 620E(d) of the Act, that provision of assistance to Pakistan under the Act [22 U.S.C. 2151 et seq.] through April 1, 1991, is in the national interest of the United States, and there- fore waive the prohibitions of section 669 of the Act (22 U.S.C. 2429) with respect to that period. You are authorized and directed to transmit this de- termination, together with the statement setting forth specific reasons therefor, to the Congress immediately. This determination shall be published in the Federal Register. GEORGE BUSH. Page 873 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2377 Prior determinations and certifications were con- tained in the following: Determination of President of the United States, No. 90–1, Oct. 5, 1989, 54 F.R. 43797. Determination of President of the United States, No. 89–7, Nov. 18, 1988, 53 F.R. 49111. Determination of President of the United States, No. 88–5, Jan. 15, 1988, 53 F.R. 3325. Determination of President of the United States, No. 88–4, Dec. 17, 1987, 53 F.R. 773. Determination of President of the United States, No. 87–3, Oct. 27, 1986, 51 F.R. 40301. Determination of President of the United States, No. 86–03, Nov. 25, 1985, 50 F.R. 50273. WAIVER OF SANCTIONS Sanctions contained in subsec. (e) waived in certain regards with respect to India by Determination of President of the United States, No. 2000–18, Mar. 16, 2000, 65 F.R. 16297, set out as a note under section 2799aa–1 of this title. Sanctions contained in subsec. (e) waived in certain regards by Determination of President of the United States, No. 2000–4, Oct. 27, 1999, 64 F.R. 60649, set out as a note under section 2799aa–1 of this title. § 2376. Nuclear non-proliferation policy in South Asia (a) Findings The Congress finds that— (1) the proliferation of weapons of mass de- struction remains one of the most serious threats to international peace and stability; (2) South Asia, in particular, is an area where the threat of a regional nuclear ex- change remains high due to continued Indo- Pakistani tensions over issues such as Kash- mir; (3) to date, United States efforts to halt pro- liferation in South Asia have failed; (4) although global disarmament is a desir- able goal which should be vigorously pursued, both regional and sub-regional security ar- rangements can serve to decrease tensions and promote non-proliferation in certain areas; (5) thus far, there has been some success on a regional basis, such as the South Pacific Nu- clear Weapons Free Zone and the Treaty of Tlatelolco in Latin America; (6) in particular, in Latin America, the Trea- ty of Tlatelolco has been signed by all the nu- clear powers; (7) a critical part of this treaty is Protocol II which prohibits nuclear attacks by nuclear weapons states on signatories to the treaty; (8) in 1991, a proposal was made for a re- gional conference on non-proliferation in South Asia which would include Pakistan, India, the People’s Republic of China, the So- viet Union, and the United States; and (9) thus far, Pakistan, China, Russia, and the United States have expressed interest in at- tending such a conference, whereas India has refused to attend. (b) Policy It is the sense of the Congress that the Presi- dent should pursue a policy which seeks a re- gional negotiated solution to the issue of nu- clear non-proliferation in South Asia at the ear- liest possible time, including a protocol to be signed by all nuclear weapons states, prohib- iting nuclear attacks by nuclear weapons states on countries in the region. Such a policy should have as its ultimate goal concurrent accession by Pakistan and India to the Nuclear Non-Pro- liferation Treaty, and should also include as needed a phased approach to that goal through a series of agreements among the parties on nu- clear issues, such as the agreement reached by Pakistan and India not to attack one another’s nuclear facilities. (Pub. L. 87–195, pt. III, § 620F, as added Pub. L. 102–391, title V, § 585(a), Oct. 6, 1992, 106 Stat. 1688; amended Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2219(b), Oct. 21, 1998, 112 Stat. 2681–817; Pub. L. 113–188, title XIV, § 1401, Nov. 26, 2014, 128 Stat. 2023.) Editorial Notes AMENDMENTS 2014—Subsec. (c). Pub. L. 113–188 struck out subsec. (c). Text read as follows: ‘‘Not later than April 1 of each year, the President shall submit a report to the Com- mittees on Appropriations, the Speaker of the House of Representatives, and the chairman of the Committee on Foreign Relations of the Senate, on nuclear pro- liferation in South Asia, including efforts taken by the United States to achieve a regional agreement on nu- clear non-proliferation, and including a comprehensive list of the obstacles to concluding such a regional agreement.’’ 1998—Subsec. (c). Pub. L. 105–277, which directed the substitution of ‘‘Not later than April 1 of each year,’’ for ‘‘Not later than April 1, 1993 and every six months thereafter,’’ was executed by making the substitution for text which contained a comma after ‘‘1993’’ to re- flect the probable intent of Congress. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. DELEGATION OF AUTHORITY WITH RESPECT TO REPORTS TO CONGRESS CONCERNING PROGRESS TOWARD NON- PROLIFERATION IN SOUTH ASIA Memorandum of President of the United States, Mar. 30, 1994, 59 F.R. 17229, delegated to the Secretary of State the reporting functions vested in the President by former subsec. (c) of this section. § 2377. Prohibition on assistance to countries that aid terrorist states (a) Withholding of assistance The President shall withhold assistance under this chapter to the government of any country that provides assistance to the government of any other country for which the Secretary of State has made a determination under section 2371 of this title. (b) Waiver Assistance prohibited by this section may be furnished to a foreign government described in subsection (a) if the President determines that furnishing such assistance is important to the national interests of the United States and, not later than 15 days before obligating such assist- ance, furnishes a report to the appropriate com- mittees of Congress including— (1) a statement of the determination;