22 U.S.C. § 2799b — Authorities

Page 1288 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2799 the national security under defense co- production agreements; (B) to products or services provided under contracts entered into before the date on which the President publishes his intention to impose sanctions; (C) to— (i) spare parts, (ii) component parts, but not finished products, essential to United States prod- ucts or production, or (iii) routine servicing and maintenance of products, to the extent that alternative sources are not readily or reasonably available; (D) to information and technology essen- tial to United States products or production; or (E) to medical or other humanitarian items. (d) Termination of sanctions The sanctions imposed pursuant to this sec- tion shall apply for a period of at least 12 months following the imposition of sanctions and shall cease to apply thereafter only if the President determines and certifies to the Con- gress that reliable information indicates that the foreign person with respect to which the de- termination was made under subsection (a)(1) has ceased to aid or abet any foreign govern- ment, project, or entity in its efforts to acquire chemical or biological weapons capability as de- scribed in that subsection. (e) Waiver (1) Criterion for waiver The President may waive the application of any sanction imposed on any person pursuant to this section, after the end of the 12-month period beginning on the date on which that sanction was imposed on that person, if the President determines and certifies to the Con- gress that such waiver is important to the na- tional security interests of the United States. (2) Notification of and report to Congress If the President decides to exercise the waiv- er authority provided in paragraph (1), the President shall so notify the Congress not less than 20 days before the waiver takes effect. Such notification shall include a report fully articulating the rationale and circumstances which led the President to exercise the waiver authority. (f) ‘‘Foreign person’’ defined For the purposes of this section, the term ‘‘foreign person’’ means— (1) an individual who is not a citizen of the United States or an alien admitted for perma- nent residence to the United States; or (2) a corporation, partnership, or other enti- ty which is created or organized under the laws of a foreign country or which has its prin- cipal place of business outside the United States. (Pub. L. 90–629, ch. 8, § 81, as added and amended Pub. L. 102–182, title III, §§ 305(b), 309(b)(2), Dec. 4, 1991, 105 Stat. 1250, 1258.) Editorial Notes REFERENCES IN TEXT The Export Administration Act of 1979, referred to in subsec. (a)(1)(C), (2)(B), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to chapter 56 (§ 4601 et seq.) of Title 50, War and National Defense, prior to repeal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232, except for sections 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613). Sec- tion 6 of the Act was classified to section 4605 of Title 50 prior to repeal. PRIOR PROVISIONS A prior subchapter VIII, consisting of former section 2798, as added by Pub. L. 102–138, title V, § 505(b), Oct. 28, 1991, 105 Stat. 727, was substantially identical to subchapter VIII, as added by section 305(b) of Pub. L. 102–182, prior to repeal by Pub. L. 102–182, title III, § 309(a), Dec. 4, 1991, 105 Stat. 1258. AMENDMENTS 1991—Subsec. (a)(1). Pub. L. 101–182, § 309(b)(2), sub- stituted ‘‘October 28, 1991’’ for reference to the ‘‘date of the enactment of this section’’ which was enacted Dec. 4, 1991. Executive Documents DELEGATION OF FUNCTIONS For delegation of certain functions of the President under this section, see Ex. Ord. No. 12851, § 1(a), June 11, 1993, 58 F.R. 33181, set out as a note under section 2797 of this title. SUBCHAPTER IX—TRANSFER OF CERTAIN CFE TREATY-LIMITED EQUIPMENT TO NATO MEMBERS § 2799. Purpose The purpose of this subchapter is to authorize the President to support, consistent with the CFE Treaty, a NATO equipment transfer pro- gram that will— (1) enhance NATO’s forces, (2) increase NATO standardization and inter- operability, and (3) better distribute defense burdens within the NATO alliance. (Pub. L. 90–629, ch. 9, § 91, as added Pub. L. 102–228, § 2, Dec. 12, 1991, 105 Stat. 1691.) § 2799a. CFE Treaty obligations The authorities provided in this subchapter shall be exercised consistent with the obliga- tions incurred by the United States in connec- tion with the CFE Treaty. (Pub. L. 90–629, ch. 9, § 92, as added Pub. L. 102–228, § 2, Dec. 12, 1991, 105 Stat. 1691.) § 2799b. Authorities (a) General authority The President may transfer to any NATO/CFE country, in accordance with NATO plans, de- fense articles— (1) that are battle tanks, armoured combat vehicles, or artillery included within the CFE Treaty’s definition of ‘‘conventional arma- ments and equipment limited by the Treaty’’; (2) that were, as of the date of signature of the CFE Treaty, in the stocks of the Depart- ment of Defense and located in the CFE Trea- ty’s area of application; and Page 1289 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2799c (3) that the President determines are not needed by United States military forces with- in the CFE Treaty’s area of application. (b) Acceptance of NATO assistance in elimi- nating direct costs of transfers In order to eliminate direct costs of facili- tating transfers of defense articles under sub- section (a), the United States may utilize serv- ices provided by NATO or any NATO/CFE coun- try, including inspection, repair, or transpor- tation services with respect to defense articles so transferred. (c) Acceptance of NATO assistance in meeting certain United States obligations In order to facilitate United States compli- ance with the CFE Treaty-mandated obligations for destruction of conventional armaments and equipment limited by the CFE Treaty, the United States may utilize services or funds pro- vided by NATO or any NATO/CFE country. (d) Authority to transfer on grant basis Defense articles may be transferred under sub- section (a) without cost to the recipient coun- try. (e) Third country transfers restrictions For purposes of sections 2753(a)(2), 2753(a)(3), 2753(c), and 2753(d) of this title, defense articles transferred under subsection (a) shall be deemed to have been sold under this chapter. (f) Maintenance of military balance in Eastern Mediterranean The President shall ensure that transfers by the United States under subsection (a), taken together with transfers by other NATO/CFE countries in implementing the CFE Treaty, are of such valuations so as to be consistent with the United States policy, embodied in section 2373 of this title, of maintaining the military balance in the Eastern Mediterranean. (g) Expiration of authority (1) In general Except as provided in paragraph (2), the au- thority of subsection (a) expires at the end of the 40-month period beginning on the date on which the CFE Treaty enters into force. (2) Transition rule Paragraph (1) does not apply with respect to a transfer of defense articles for which notifi- cation under section 2799c(a) of this title is submitted before the end of the period de- scribed in that paragraph. (Pub. L. 90–629, ch. 9, § 93, as added Pub. L. 102–228, § 2, Dec. 12, 1991, 105 Stat. 1691.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (e), was in the original ‘‘this Act’’, meaning Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. Executive Documents DELEGATION OF FUNCTIONS Memorandum of President of the United States, Feb. 13, 1992, 57 F.R. 6663, provided: Memorandum for the Secretary of State and the Sec- retary of Defense By virtue of the authority vested in me by the Con- stitution and laws of the United States of America, in- cluding section 301 of title 3 of the United States Code, I hereby delegate to the Secretary of Defense the func- tions vested in me by section 93(a) and section 94 of the Arms Export Control Act, as amended (the ‘‘Act’’) [22 U.S.C. 2799b(a), 2799c], and to the Secretary of State the functions vested in me by section 93(f) of the Act. Con- sistent with section 2 of the Act [22 U.S.C. 2752], trans- fers of defense articles under section 93(a) shall be sub- ject to the policy direction of the Secretary of State, including the determination of whether such transfers shall occur. The Secretary of State is authorized and directed to publish this memorandum in the Federal Register. GEORGE BUSH. § 2799c. Notifications and reports to Congress (a) Notifications Not less than 15 days before transferring any defense articles pursuant to section 2799b(a) of this title, the President shall notify the Com- mittee on Foreign Affairs of the House of Rep- resentatives and the Committee on Foreign Re- lations of the Senate in accordance with the procedures applicable to reprogramming notifi- cations pursuant to section 2394–1 of this title. (b) Annual reports Not later than February 1 each year, the President shall submit to the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives and the Committee on Foreign Relations and the Com- mittee on Armed Services of the Senate a report that— (1) lists all transfers made to each recipient NATO/CFE country by the United States under section 2799b(a) of this title during the preceding calendar year; (2) describes how those transfers further the purposes described in paragraphs (1) through (3) of section 2799 of this title; and (3) lists, on a country-by-country basis, all transfers to another country of conventional armaments and equipment limited by the CFE Treaty— (A) by each NATO/CFE country (other than the United States) in implementing the CFE Treaty, and (B) by each country of the Eastern Group of States Parties in implementing the CFE Treaty. (Pub. L. 90–629, ch. 9, § 94, as added Pub. L. 102–228, § 2, Dec. 12, 1991, 105 Stat. 1692; amended Pub. L. 103–199, title IV, § 402(1), Dec. 17, 1993, 107 Stat. 2324.) Editorial Notes AMENDMENTS 1993—Subsec. (b)(3)(B). Pub. L. 103–199 substituted ‘‘country of the Eastern Group of States Parties’’ for ‘‘Warsaw Pact country’’. Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of Defense by Memorandum of President of the United States, Feb. 13, 1992, 57 F.R. 6663, set out as a note under section 2799b of this title.