22 U.S.C. § 2799 — Purpose

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