22 U.S.C. § 2781 — Transactions with countries not fully co-

Page 1268 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2781 Oct. 12, 1984, 98 Stat. 1904, 1936, 1937, which is not classi- fied to the Code. The National Security Act of 1947, referred to in sub- sec. (h), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§ 401 et seq.) of Title 50, War and National Defense, prior to editorial reclassification in chapter 44 (§ 3001 et seq.) of Title 50. Title V of the Act is now classified generally to subchapter III (§ 3091 et seq.) of chapter 44 of Title 50. For complete classification of this Act to the Code, see Tables. The Export Administration Act of 1979, referred to in subsec. (k), 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 re- peal 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). Sections 11 and 12 of the Act were classified to sections 4610 and 4614, re- spectively, of Title 50 prior to repeal. AMENDMENTS 2014—Subsecs. (f)(1), (g)(2)(B). Pub. L. 113–276 sub- stituted ‘‘the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Rep- resentatives, and’’ for ‘‘the Speaker of the House of Representatives and’’ in introductory provisions. 2010—Subsec. (j). Pub. L. 111–195 substituted ‘‘20 years’’ for ‘‘10 years’’. 2002—Subsec. (d). Pub. L. 107–228 substituted ‘‘groups,’’ for ‘‘groups or’’ in second sentence and in- serted before period at end ‘‘, or willfully aid or abet the efforts of an individual or group to use, develop, produce, stockpile, or otherwise acquire chemical, bio- logical, or radiological weapons’’. 1999—Subsec. (k). Pub. L. 106–113 inserted ‘‘section 11(c)(2)(B) of such Act shall not apply, and instead, as prescribed in regulations issued under this section, the Secretary of State may assess civil penalties for viola- tions of this chapter and regulations prescribed there- under and further may commence a civil action to re- cover such civil penalties, and except further that’’ after ‘‘except that’’. 1994—Subsec. (d). Pub. L. 103–236, § 822(a)(2)(A), in- serted at end ‘‘For purposes of this subsection, such acts shall include all activities that the Secretary de- termines willfully aid or abet the international pro- liferation of nuclear explosive devices to individuals or groups or willfully aid or abet an individual or groups in acquiring unsafeguarded special nuclear material.’’ Subsec. (l). Pub. L. 103–236, § 822(a)(2)(B), amended subsec. (l) by striking ‘‘and’’ after the semicolon in par. (2), substituting a semicolon for the period at the end of par. (3), and adding pars. (4) and (5). 1991—Subsec. (f). Pub. L. 102–138, § 321, designated ex- isting provisions as par. (1), redesignated former par. (1) as subpar. (A) and former subpars. (A) to (C) as cls. (i) to (iii), respectively, redesignated former par. (2) as subpar. (B) and former subpars. (A) and (B) as cls. (i) and (ii), respectively, and added par. (2). So much of Pub. L. 102–138, § 321(1), as directed that subpar. (C) of former par. (2) be redesignated cl. (iii) of par. (1)(B), could not be executed because no such subpar. (C) had been enacted. 1989—Pub. L. 101–222 substituted ‘‘Transactions with’’ for ‘‘Exports to’’ in section catchline and amended text generally. Prior to amendment, text read as follows: ‘‘(a) PROHIBITION.—Except as provided in subsection (b) of this section, items on the United States Muni- tions List may not be exported to any country which the Secretary of State has determined, for purposes of section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)), has repeatedly pro- vided support for acts of international terrorism. ‘‘(b) WAIVER.—The President may waive the prohibi- tion contained in subsection (a) of this section in the case of a particular export if the President determines that the export is important to the national interests of the United States and submits to the Congress a re- port justifying that determination and describing the proposed export. Any such waiver shall expire at the end of 90 days after it is granted unless the Congress enacts a law extending the waiver.’’ 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. § 2781. Transactions with countries not fully co- operating with United States antiterrorism efforts (a) Prohibited transactions No defense article or defense service may be sold or licensed for export under this chapter in a fiscal year to a foreign country that the Presi- dent determines and certifies to Congress, by May 15 of the calendar year in which that fiscal year begins, is not cooperating fully with United States antiterrorism efforts. (b) Waiver The President may waive the prohibition set forth in subsection (a) with respect to a specific transaction if the President determines that the transaction is important to the national inter- ests of the United States. (Pub. L. 90–629, ch. 3, § 40A, as added Pub. L. 104–132, title III, § 330, Apr. 24, 1996, 110 Stat. 1258.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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. CODIFICATION Another section 40A of Pub. L. 90–629 is classified to section 2785 of this title. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of the President under this section, see section 1(q) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16130, 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. SUBCHAPTER III–A—END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE SERVICES § 2785. End-use monitoring of defense articles and defense services (a) Establishment of monitoring program (1) In general In order to improve accountability with re- spect to defense articles and defense services sold, leased, or exported under this chapter or the Foreign Assistance Act of 1961 (22 U.S.C.