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22 U.S.C. § 2797 — Licensing
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Page 1279
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2797
1 See References in Text note below.
plies, or equipment under this section includes a
program of testing or evaluation conducted sole-
ly for the purpose of standardization, inter-
changeability, or technical evaluation if the
country to which the materials, supplies, or
equipment are loaned agrees to provide the re-
sults of the testing or evaluation to the United
States without charge.
(b) Reimbursement of consumed materials, etc.
The materials, supplies, or equipment loaned
to a country under this section may be expended
or otherwise consumed in connection with any
testing or evaluation program without a re-
quirement for reimbursement of the United
States if the Secretary—
(1) determines that the success of the re-
search, development, test, or evaluation de-
pends upon expending or otherwise consuming
the materials, supplies, or equipment loaned
to the country; and
(2) approves of the expenditure or consump-
tion of such materials, supplies, or equipment.
(c) Prohibitions
The Secretary of Defense may not loan to a
country under this section any material if the
material is a strategic and critical material and
if, at the time the loan is to be made, the quan-
tity of the material in the National Defense
Stockpile (provided for under section 98b of title
50) is less than the quantity of such material to
be stockpiled, as determined by the President
under section 98b(a) of title 50.
(d) ‘‘NATO ally’’ defined
For purposes of this section, the term ‘‘NATO
ally’’ means a member country of the North At-
lantic Treaty Organization (other than the
United States).
(Pub. L. 90–629, ch. 6, § 65, as added Pub. L.
100–456, div. A, title X, § 1003(a), Sept. 29, 1988, 102
Stat. 2038; amended
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Page 1279
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2797
1 See References in Text note below.
plies, or equipment under this section includes a
program of testing or evaluation conducted sole-
ly for the purpose of standardization, inter-
changeability, or technical evaluation if the
country to which the materials, supplies, or
equipment are loaned agrees to provide the re-
sults of the testing or evaluation to the United
States without charge.
(b) Reimbursement of consumed materials, etc.
The materials, supplies, or equipment loaned
to a country under this section may be expended
or otherwise consumed in connection with any
testing or evaluation program without a re-
quirement for reimbursement of the United
States if the Secretary—
(1) determines that the success of the re-
search, development, test, or evaluation de-
pends upon expending or otherwise consuming
the materials, supplies, or equipment loaned
to the country; and
(2) approves of the expenditure or consump-
tion of such materials, supplies, or equipment.
(c) Prohibitions
The Secretary of Defense may not loan to a
country under this section any material if the
material is a strategic and critical material and
if, at the time the loan is to be made, the quan-
tity of the material in the National Defense
Stockpile (provided for under section 98b of title
50) is less than the quantity of such material to
be stockpiled, as determined by the President
under section 98b(a) of title 50.
(d) ‘‘NATO ally’’ defined
For purposes of this section, the term ‘‘NATO
ally’’ means a member country of the North At-
lantic Treaty Organization (other than the
United States).
(Pub. L. 90–629, ch. 6, § 65, as added Pub. L.
100–456, div. A, title X, § 1003(a), Sept. 29, 1988, 102
Stat. 2038; amended Pub. L. 102–25, title VII,
§ 705(d)(2), Apr. 6, 1991, 105 Stat. 120; Pub. L.
104–164, title I, § 147(a)(3)(B), July 21, 1996, 110
Stat. 1435.)
Editorial Notes
AMENDMENTS
1996—Subsec. (d). Pub. L. 104–164 struck out ‘‘or major
non-NATO’’ after ‘‘NATO’’ and ‘‘or a foreign country
other than a member nation of NATO designated as a
major non-NATO ally under section 2350a(i)(3) of title
10’’ after ‘‘(other than the United States)’’.
1991—Subsec. (d). Pub. L. 102–25 substituted ‘‘section
2350a(i)(3) of title 10’’ for ‘‘section 2767a of this title’’.
SUBCHAPTER VII—CONTROL OF MISSILES
AND
MISSILE
EQUIPMENT
OR
TECH-
NOLOGY
§ 2797. Licensing
(a) Establishment of list of controlled items
The Secretary of State, in consultation with
the Secretary of Defense and the heads of other
appropriate departments and agencies, shall es-
tablish and maintain, as part of the United
States Munitions List, a list of all items on the
MTCR Annex the export of which is not con-
trolled under section 4605(l) 1 of title 50.
(b) Referral of license applications
(1) A determination of the Secretary of State
to approve a license for the export of an item on
the list established under subsection (a) may be
made only after the license application is re-
ferred to the Secretary of Defense.
(2) Within 10 days after a license is issued for
the export of an item on the list established
under subsection (a), the Secretary of State
shall provide to the Secretary of Defense and
the Secretary of Commerce the license applica-
tion and accompanying documents issued to the
applicant, to the extent that the relevant Sec-
retary indicates the need to receive such appli-
cation and documents.
(c) Information sharing
The Secretary of State shall establish a proce-
dure for sharing information with appropriate
officials of the intelligence community, as de-
termined by the Director of Central Intel-
ligence, and with other appropriate Government
agencies, that will ensure effective monitoring
of transfers of MTCR equipment or technology
and other missile technology.
(d) Exports to space launch vehicle programs
Within 15 days after the issuance of a license
(including any brokering license) for the export
of items valued at less than $50,000,000 that are
controlled under this chapter pursuant to
United States obligations under the Missile
Technology Control Regime and are goods or
services that are intended to support the design,
utilization, development, or production of a
space launch vehicle system listed in Category I
of the MTCR Annex, the Secretary shall trans-
mit to the Congress a report describing the li-
censed export and rationale for approving such
export, including the consistency of such export
with United States missile nonproliferation pol-
icy. The requirement contained in the preceding
sentence shall not apply to licenses for exports
to countries that were members of the MTCR as
of April 17, 1987.
(Pub. L. 90–629, ch. 7, § 71, as added Pub. L.
101–510, div. A, title XVII, § 1703, Nov. 5, 1990, 104
Stat. 1745; amended Pub. L. 103–236, title VII,
§§ 714(a)(3)–(6), 735(c), Apr. 30, 1994, 108 Stat. 497,
506; Pub. L. 105–277, div. G, subdiv. A, title XII,
§ 1225(a)(4)–(7), Oct. 21, 1998, 112 Stat. 2681–773;
Pub. L. 106–280, title VII, § 708(c), Oct. 6, 2000, 114
Stat. 863.)
Editorial Notes
REFERENCES IN TEXT
Section 4605(l) of title 50, referred to in subsec. (a),
was repealed by Pub. L. 115–232, div. A, title XVII,
§ 1766(a), Aug. 13, 2018, 132 Stat. 2232.
This chapter, referred to in subsec. (d), 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.
AMENDMENTS
2000—Subsec. (d). Pub. L. 106–280 substituted ‘‘Within
15 days after the issuance of a license (including any
brokering license) for the export of items valued at less
than $50,000,000 that are controlled under this chapter
Page 1280
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2797
pursuant to United States obligations under the Missile
Technology Control Regime and are goods or services
that are intended to support the design, utilization, de-
velopment, or production of a space launch vehicle sys-
tem listed in Category I of the MTCR Annex,’’ for
‘‘Within 15 days after the issuance of a license for the
export of items valued at less than $14,000,000 that are
controlled under this chapter pursuant to United
States obligations under the Missile Technology Con-
trol Regime and intended to support the design, devel-
opment, or production of a space launch vehicle system
listed in Category I of the MTCR Annex,’’.
1998—Subsec. (a). Pub. L. 105–277, § 1225(a)(4), struck
out ‘‘, the Director of the Arms Control and Disar-
mament Agency,’’ after ‘‘Secretary of Defense’’.
Subsec. (b)(1). Pub. L. 105–277, § 1225(a)(5), struck out
‘‘and the Director of the United States Arms Control
and Disarmament Agency’’ after ‘‘Secretary of De-
fense’’.
Subsec. (b)(2). Pub. L. 105–277, § 1225(a)(6), substituted
‘‘and the Secretary of Commerce’’ for ‘‘the Secretary of
Commerce, and the Director of the United States Arms
Control and Disarmament Agency’’ and struck out ‘‘or
the Director’’ after ‘‘the relevant Secretary’’.
Subsec. (c). Pub. L. 105–277, § 1225(a)(7), struck out
‘‘with the Director of the United States Arms Control
and Disarmament Agency,’’ after ‘‘Director of Central
Intelligence,’’.
1994—Subsec. (a). Pub. L. 103–236, § 714(a)(3), inserted
‘‘, the Director of the Arms Control and Disarmament
Agency,’’ after ‘‘the Secretary of Defense’’.
Subsec. (b)(1). Pub. L. 103–236, § 714(a)(4), inserted
‘‘and the Director of the United States Arms Control
and Disarmament Agency’’ after ‘‘Secretary of De-
fense’’.
Subsec. (b)(2). Pub. L. 103–236, § 714(a)(5), substituted
‘‘, the Secretary of Commerce, and the Director of the
United States Arms Control and Disarmament Agency’’
for ‘‘and the Secretary of Commerce’’ and inserted ‘‘or
the Director’’ after ‘‘relevant Secretary’’.
Subsec. (c). Pub. L. 103–236, § 714(a)(6), inserted ‘‘with
the Director of the United States Arms Control and
Disarmament Agency,’’ after ‘‘Director of Central In-
telligence,’’.
Subsec. (d). Pub. L. 103–236, § 735(c), added subsec. (d).
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Reference to the Director of Central Intelligence or
the Director of the Central Intelligence Agency in the
Director’s capacity as the head of the intelligence com-
munity deemed to be a reference to the Director of Na-
tional Intelligence. Reference to the Director of Cen-
tral Intelligence or the Director of the Central Intel-
ligence Agency in the Director’s capacity as the head of
the Central Intelligence Agency deemed to be a ref-
erence to the Director of the Central Intelligence Agen-
cy. See section 1081(a), (b) of Pub. L. 108–458, set out as
a note under section 3001 of Title 50, War and National
Defense.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105–277 effective Apr. 1, 1999,
see section 1201 of Pub. L. 105–277, set out as an Effec-
tive Date note under section 6511 of this title.
POLICY AND SENSE OF CONGRESS ON NONPROLIFERATION
OF BALLISTIC MISSILES
Pub. L. 108–375, div. A, title XII, § 1212, Oct. 28, 2004,
118 Stat. 2087, provided that:
‘‘(a) FINDINGS.—Congress makes the following find-
ings:
‘‘(1) Certain countries are seeking to acquire bal-
listic missiles and related technologies that could be
used to attack the United States or place at risk
United States interests, deployed members of the
Armed Forces, and allies of the United States and
other friendly foreign countries.
‘‘(2) Certain countries continue to actively transfer
or sell ballistic missile technologies in contravention
of standards of behavior established by the United
States and allies of the United States and other
friendly foreign countries.
‘‘(3) The spread of ballistic missiles and related
technologies worldwide has been slowed by a com-
bination of national and international export con-
trols, forward-looking diplomacy, and multilateral
interdiction activities to restrict the development
and transfer of such missiles and technologies.
‘‘(b) POLICY.—It is the policy of the United States to
develop, support, and strengthen international accords
and other cooperative efforts to curtail the prolifera-
tion of ballistic missiles and related technologies which
could threaten the territory of the United States, allies
of the United States and other friendly foreign coun-
tries, and deployed members of the Armed Forces of the
United States with weapons of mass destruction.
‘‘(c) SENSE OF CONGRESS.—It is the sense of Congress
that—
‘‘(1) the United States should vigorously pursue for-
eign policy initiatives aimed at eliminating, reduc-
ing, or retarding the proliferation of ballistic missiles
and related technologies; and
‘‘(2) the United States and the international com-
munity should continue to support and strengthen es-
tablished international accords and other cooperative
efforts, including United Nations Security Council
Resolution 1540 (April 28, 2004) and the Missile Tech-
nology Control Regime, that are designed to elimi-
nate, reduce, or retard the proliferation of ballistic
missiles and related technologies.’’
MTCR REPORT TRANSMITTALS
Pub. L. 106–280, title VII, § 704, Oct. 6, 2000, 114 Stat.
861, provided that: ‘‘For purposes of section 71(d) of the
Arms Export Control Act (22 U.S.C. 2797(d)), the re-
quirement that reports under that section shall be
transmitted to the Congress shall be considered to be a
requirement that such reports shall be transmitted to
the Committee on International Relations [now Com-
mittee on Foreign Affairs] of the House of Representa-
tives and the Committee on Foreign Relations and the
Committee on Banking, Housing and Urban Affairs of
the Senate.’’
REPORT ON MISSILE PROLIFERATION
Pub. L. 101–510, div. A, title XVII, § 1704, Nov. 5, 1990,
104 Stat. 1749, directed President to submit to Congress
reports on international transfers of aircraft which the
Secretary had reason to believe may be intended to be
used for delivery of nuclear, biological, or chemical
weapons and international transfers of MTCR equip-
ment or technology to any country seeking to acquire
such equipment or technology, and which provided for
contents of reports, countries excluded from such re-
ports, classification of information, and definitions,
prior to repeal by Pub. L. 102–190, div. A, title X,
§ 1097(g), Dec. 5, 1991, 105 Stat. 1491.
Executive Documents
DELEGATION OF FUNCTIONS
Memorandum of President of the United States, June
25, 1991, 56 F.R. 31041, which provided for delegation of
certain functions of the President, was superseded by
Ex. Ord. No. 12851, § 7, June 11, 1993, 58 F.R. 33181, set
out below.
EX. ORD. NO. 12851. ADMINISTRATION OF PROLIFERATION
SANCTIONS, MIDDLE EAST ARMS CONTROL, AND RE-
LATED CONGRESSIONAL REPORTING RESPONSIBILITIES
Ex. Ord. No. 12851, June 11, 1993, 58 F.R. 33181, as
amended by Ex. Ord. No. 13883, § 3, Aug. 1, 2019, 84 F.R.
38113, provided:
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
Page 1281
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2797
Code; sections 1701–1703 of the National Defense Au-
thorization Act for Fiscal Year 1991, Public Law 101–510
(50 U.S.C. App. 2402 note, 2405, 2410b [now 50 U.S.C. 4602
note, former 4605, former 4612]; 22 U.S.C. 2797–2797c);
sections 303, 324 [105 Stat. 708, 711], and 401–405 [22
U.S.C. 2778 note] of the Foreign Relations Authoriza-
tion Act, Fiscal Years 1992 and 1993, Public Law 102–138;
sections 305–308 of the Chemical and Biological Weap-
ons Control and Warfare Elimination Act of 1991, Pub-
lic Law 102–182 (50 U.S.C. App. 2410c [now 50 U.S.C. 4613];
22 U.S.C. 2798, 5604–5606); sections 241 [105 Stat. 1326] and
1097 [former 22 U.S.C. 2751 note] of the National Defense
Authorization Act for Fiscal Years 1992 and 1993, Public
Law 102–190; and section 1364 of the National Defense
Authorization Act for Fiscal Year 1993, Public Law
102–484 [106 Stat. 2561], I hereby order as follows:
SECTION 1. Chemical and Biological Weapons Prolifera-
tion and Use Sanctions. (a) Chemical and Biological Weap-
ons Proliferation. The authority and duties vested in me
by section 81 of the Arms Export Control Act, as
amended (‘‘AECA’’) (22 U.S.C. 2798), and section 11C of
the Export Administration Act of 1979, as amended
(‘‘EAA’’) (50 U.S.C. App. 2410c) [now 50 U.S.C. 4613], are
delegated to the Secretary of State, except that:
(1) The authority and duties vested in me to deny cer-
tain United States Government contracts, as provided
in section 81(c)(1)(A) of the AECA and section
11C(c)(1)(A) of the EAA, pursuant to a determination
made by the Secretary of State under section 81(a)(1) of
the AECA or section 11C(a)(1) of the EAA, as well as the
authority and duties vested in me to make the deter-
minations provided for in section 81(c)(2) of the AECA
and section 11C(c)(2) of the EAA are delegated to the
Secretary of Defense. The Secretary of Defense shall
notify the Secretary of the Treasury of determinations
made pursuant to section 81(c)(2) of the AECA and sec-
tion 11(c)(2) [11C(c)(2)] of the EAA.
(2) The authority and duties vested in me to prohibit
certain imports as provided in section 81(c)(1)(B) of the
AECA and section 11C(c)(1)(B) of the EAA, pursuant to
a determination made by the Secretary of State under
section 81(a)(1) of the AECA or section 11C(a)(1) of the
EAA, and the obligation to implement the exceptions
provided in section 81(c)(2) of the AECA and section
11C(c)(2) of the EAA, insofar as the exceptions affect
imports of goods into the United States, are delegated
to the Secretary of the Treasury.
(b) Chemical and Biological Weapons Use. The author-
ity and duties vested in me by sections 306–308 of the
Chemical and Biological Weapons Control and Warfare
Elimination Act of 1991 (22 U.S.C. 5604–5606) are dele-
gated to the Secretary of State, except that:
(1) The authority and duties vested in me to restrict
certain imports as provided in section 307(b)(2)(D) [22
U.S.C. 5605(b)(2)(D)], pursuant to a determination made
by the Secretary of State under section 307(b)(1), are
delegated to the Secretary of the Treasury.
(2) The Secretary of State shall issue, transmit to the
Congress, and notify the Secretary of the Treasury of,
as appropriate, waivers based upon findings made pur-
suant to section 307(d)(1)(A)(ii).
(3) The authority and duties vested in me to prohibit
certain exports as provided in section 307(a)(5) and sec-
tion 307(b)(2)(C), pursuant to a determination made by
the Secretary of State under section 306(a)(1) and sec-
tion 307(b)(1), are delegated to the Secretary of Com-
merce.
(4) The authorities and duties vested in me to oppose
certain multilateral development bank assistance and
to prohibit certain bank loans as provided in section
307(b)(2)(A)–(B), pursuant to a determination made by
the Secretary of State under section 307(b)(1), are dele-
gated to the Secretary of the Treasury.
(c) Coordination Among Agencies. The Secretaries des-
ignated in this section shall exercise all functions dele-
gated to them by this section in consultation with the
Secretary of State, the Secretary of Defense, the Sec-
retary of the Treasury, the Secretary of Commerce, the
Director of the Arms Control and Disarmament Agen-
cy, and other departments and agencies as appropriate,
utilizing the appropriate interagency groups prior to
any determination to exercise the prohibition author-
ity delegated hereby.
SEC. 2. Missile Proliferation Sanctions. (a) Arms Export
Control Act. The authority and duties vested in me by
sections 72–73 of the AECA (22 U.S.C. 2797a–2797b) are
delegated to the Secretary of State, except that:
(1) The authority and duties vested in me by section
72(a)(1) to make determinations with respect to viola-
tions by United States persons of the EAA [50 U.S.C.
4601 et seq.] are delegated to the Secretary of Com-
merce.
(2) The authority and duties vested in me to deny cer-
tain United States Government contracts as provided
in sections 73(a)(2)(A)(i) and 73(a)(2)(B)(i), pursuant to a
determination made by the Secretary of State under
section 73(a)(1), as well as the authority and duties
vested in me to make the findings provided in sections
72(c), 73(f), and 73(g)(1), are delegated to the Secretary
of Defense. The Secretary of State shall issue, transmit
to the Congress, and notify the Secretary of the Treas-
ury of, as appropriate, any waivers based upon findings
made pursuant to sections 72(c) and 73(f).
(3) The authority and duties vested in me to prohibit
certain imports as provided in section 73(a)(2)(C), pur-
suant to a determination made by the Secretary of
State under that section, and the obligation to imple-
ment the exceptions provided in section 73(g), are dele-
gated to the Secretary of the Treasury.
(b) Export Administration Act. The authority and du-
ties vested in me by section 11B of the EAA (50 U.S.C.
App. 2410b) [now 50 U.S.C. 4612] are delegated to the
Secretary of Commerce, except that:
(1) The authority and duties vested in me by sections
11B(a)(1)(A) (insofar as such section authorizes deter-
minations with respect to violations by United States
persons of the AECA [22 U.S.C. 2751 et seq.]), 11B(b)(1)
(insofar as such section authorizes determinations re-
garding activities by foreign persons), and 11B(b)(5) are
delegated to the Secretary of State.
(2) The authority and duties vested in me to make
the findings provided in sections 11B(a)(3), 11B(b)(6),
and 11B(b)(7)(A) are delegated to the Secretary of De-
fense. The Secretary of Commerce shall issue, transmit
to the Congress, and notify the Secretary of the Treas-
ury of, as appropriate, waivers based upon findings
made pursuant to section 11B(a)(3). The Secretary of
State shall issue, transmit to the Congress, and notify
the Secretary of the Treasury of, as appropriate, waiv-
ers based upon findings made pursuant to section
11B(b)(6).
(3) The authority and duties vested in me to prohibit
certain imports as provided in section 11B(b)(1), pursu-
ant to a determination by the Secretary of State under
that section, and the obligation to implement the ex-
ceptions provided in section 11B(b)(7), are delegated to
the Secretary of the Treasury.
(c) Reporting Requirements. The authority and duties
vested in me to make certain reports to the Congress
as provided in section 1097 of the National Defense Au-
thorization Act for Fiscal Years 1992 and 1993 [former 22
U.S.C. 2751 note] and section 1364 of the National De-
fense Authorization Act for Fiscal Year 1993 [Pub. L.
102–484, 106 Stat. 2561] are delegated to the Secretary of
State.
(d) Coordination Among Agencies. The Secretaries des-
ignated in this section shall exercise all functions dele-
gated to them by this section in consultation with the
Secretary of State, the Secretary of Defense, the Sec-
retary of the Treasury, the Secretary of Commerce, the
Director of the Arms Control and Disarmament Agen-
cy, and other departments and agencies as appropriate,
utilizing the appropriate interagency groups prior to
any determination to exercise prohibition authority
delegated hereby.
SEC. 3. Arms Control in the Middle East. The certifi-
cation and reporting functions vested in me by sections
403 and 404 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 [22 U.S.C. 2778 note], are dele-
gated to the Secretary of State. The Secretary of State
Page 1282
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2797a
1 See References in Text note below.
2 So in original. Probably should be followed by ‘‘section’’.
shall exercise these functions in consultation with the
Secretary of Defense and other agencies as appropriate.
SEC. 4. China and Weapons Proliferation. The reporting
functions regarding China and weapons proliferation
vested in me by sections 303(a)(2) and 324 of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993
[Pub. L. 102–138, 105 Stat. 709, 711], are delegated to the
Secretary of State. The Secretary of State shall exer-
cise these functions in consultation with the Secretary
of Defense and other agencies as appropriate.
SEC. 5. Arrow Tactical Anti-Missile Program. The au-
thority and duties vested in me to make certain certifi-
cations as provided by section 241(b)(3)(C) of the Na-
tional Defense Authorization Act for Fiscal Years 1992
and 1993 [Pub. L. 102–190, 105 Stat. 1327] are delegated to
the Secretary of State.
SEC. 6. Delegations. The functions delegated herein
may be redelegated as appropriate. Regulations nec-
essary to carry out the functions delegated herein may
be issued as appropriate.
SEC. 7. Priority. This order supercedes the Memo-
randum of the President, ‘‘Delegation of Authority Re-
garding Missile Technology Proliferation,’’ June 25,
1991. To the extent that this order is inconsistent with
any provisions of any prior Executive order or Presi-
dential memorandum, this order shall control.
[For abolition, transfer of functions, and treatment
of references to United States Arms Control and Disar-
mament Agency, see section 6511 et seq. of this title.]
§ 2797a. Denial of transfer of missile equipment
or technology by United States persons
(a) Sanctions
(1) If the President determines that a United
States person knowingly—
(A) exports, transfers, or otherwise engages
in the trade of any item on the MTCR Annex,
in violation of the provisions of section 2778 of
this title, section 4604 or 4605 1 of title 50 or
any regulations or orders issued under any
such provisions,
(B) conspires to or attempts to engage in
such export, transfer, or trade, or
(C) facilitates such export, transfer, or trade
by any other person,
then the President shall impose the applicable
sanctions described in paragraph (2).
(2) The sanctions which apply to a United
States person under paragraph (1) are the fol-
lowing:
(A) If the item on the MTCR Annex involved
in the export, transfer, or trade is missile
equipment or technology within category II of
the MTCR Annex, then the President shall
deny to such United States person for a period
of 2 years—
(i) United States Government contracts re-
lating to missile equipment or technology;
and
(ii) licenses for the transfer of missile
equipment or technology controlled under
this chapter.
(B) If the item on the MTCR Annex involved
in the export, transfer, or trade is missile
equipment or technology within category I of
the MTCR, then the President shall deny to
such United States person for a period of not
less than 2 years—
(i) all United States Government con-
tracts, and
(ii) all export licenses and agreements for
items on the United States Munitions List.
(b) Discretionary sanctions
In the case of any determination made pursu-
ant to subsection (a), the President may pursue
any penalty provided in section 2778(c) of this
title.
(c) Presumption
In determining whether to apply sanctions
under subsection (a) to a United States person
involved in the export, transfer, or trade of an
item on the MTCR Annex, it should be a rebut-
table presumption that such item is designed for
use in a missile listed in the MTCR Annex if the
President determines that the final destination
of the item is a country the government of
which the Secretary of State has determined,
for purposes of 2 4605(j)(1)(A) 1 of title 50, has re-
peatedly provided support for acts of inter-
national terrorism.
(d) Waiver
The President may waive the imposition of
sanctions under subsection (a) with respect to a
product or service if the President certifies to
the Congress that—
(1) the product or service is essential to the
national security of the United States; and
(2) such person is a sole source supplier of
the product or service, the product or service
is not available from any alternative reliable
supplier, and the need for the product or serv-
ice cannot be met in a timely manner by im-
proved manufacturing processes or techno-
logical developments.
(Pub. L. 90–629, ch. 7, § 72, as added Pub. L.
101–510, div. A, title XVII, § 1703, Nov. 5, 1990, 104
Stat. 1745; amended Pub. L. 103–236, title VII,
§ 734(a), Apr. 30, 1994, 108 Stat. 505.)
Editorial Notes
REFERENCES IN TEXT
Sections 4604 and 4605 of title 50, referred to in sub-
secs. (a)(1)(A) and (c), were repealed by Pub. L. 115–232,
div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232.
This chapter, referred to in subsec. (a)(2)(A)(ii), 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.
AMENDMENTS
1994—Subsecs. (c), (d). Pub. L. 103–236 added subsec.
(c) and redesignated former subsec. (c) as (d).
Executive Documents
DELEGATION OF FUNCTIONS
For delegation of certain functions of the President
under this section, see Ex. Ord. No. 12851, § 2(a), June 11,
1993, 58 F.R. 33181, set out as a note under section 2797
of this title.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2751
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Federal law — U.S. Code and appendices · legal_authorities
Page 1185
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2751
Sec.
2762.
Procurement for cash sales.
2763.
Credit sales.
2764.
Guaranties.
2765.
Annual estimate and justification for
sales program.
2766.
Security assistance surveys.
2767.
Authority of President to enter into co-
operative projects with friendly for-
eign countries.
2767a, 2768.
Repealed.
SUBCHAPTER II–A—FOREIGN MILITARY
CONSTRUCTION SALES
2769.
Foreign military construction sales.
SUBCHAPTER II–B—SALES TO UNITED STATES
COMPANIES FOR INCORPORATION INTO END
ITEMS
2770.
General authority.
SUBCHAPTER II–C—EXCHANGE OF TRAINING AND
RELATED SUPPORT
2770a.
Exchange of training and related sup-
port.
SUBCHAPTER III—MILITARY EXPORT CONTROLS
2771.
Military sales authorizations and ceil-
ings.
2772.
Repealed.
2773.
Restraint in arms sales to Sub-Saharan
Africa.
2774.
Foreign military sales credit standards.
2775.
Foreign military sales to less developed
countries.
2776.
Reports and certifications to Congress
on military exports.
2776a.
Repealed.
2777.
Fiscal provisions relating to foreign
military sales credits.
2778.
Control of arms exports and imports.
2778a.
Exportation of uranium depleted in the
isotope 235.
2779.
Fees of military sales agents.
2779a.
Prohibition on incentive payments.
2780.
Transactions with countries supporting
acts of international terrorism.
2781.
Transactions with countries not fully co-
operating
with
United
States
antiterrorism efforts.
SUBCHAPTER III–A—END-USE MONITORING OF
DEFENSE ARTICLES AND DEFENSE SERVICES
2785.
End-use monitoring of defense articles
and defense services.
SUBCHAPTER IV—GENERAL, ADMINISTRATIVE,
AND MISCELLANEOUS PROVISIONS
2791.
General provisions.
2792.
Administrative expenses.
2793.
Othe
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2751
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 2751. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Presidential control of exports and imports of defense articles and services, guidance of policy, etc.; designation of United States Munitions List; issuance of export licenses; negotiations information**
(1) In furtherance of world peace and the security and foreign policy of the United States, the President is authorized to control the import and the export of defense articles and defense services and to provide foreign policy guidance to persons of the United States involved in the export and import of such articles and services. The President is authorized to designate those items which shall be considered as defense articles and defense services for the purposes of this section and to promulgate regulations for the import and export of such articles and services. The items so designated shall constitute the United States Munitions List.
(2) Decisions on issuing export licenses under this section shall take into account whether the export of an article would contribute to an arms race, aid in the development of weapons of mass destruction, support international terrorism, increase the possibility of outbreak or escalation of conflict, or prejudice the development of bilateral or multilateral arms control or nonproliferation agreements or other arrangements.
(3) In exercising the authorities conferred by this section, the President may require that any defense article or defense service be sold under this chapter as a condition of its eligibility for export, and may require that persons engaged in the negotiation for the export of defense articles and services keep the President fully and currently informed of the progress and future prospects of such negotiations.
**(b) Registration and licensing requirements for manufacturers, exporters, or importers of d
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2778
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Federal law — U.S. Code and appendices · legal_authorities
Page 1241
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2778
under section 2763 of this title shall be available
solely for payments to suppliers (including the
military departments) and refunds to purchasers
and shall not be available for financing credits
and guaranties.
(b) Transfer of funds to miscellaneous receipts of
Treasury
Amounts received from foreign governments
and international organizations as repayments
for credits extended pursuant to section 2763 of
this title, amounts received from the disposition
of instruments evidencing indebtedness under
section 2764(b) of this title (excluding such por-
tion of the sales proceeds as may be required at
the time of disposition to be obligated as a re-
serve for payment of claims under guaranties
issued pursuant to section 2764(b) of this title,
which sums are made available for such obliga-
tions), and other collections (including fees and
interest) shall be transferred to the miscella-
neous receipts of the Treasury.
(c) Credit of funds to reserve under section
2764(c)
Notwithstanding the provisions of subsection
(b), to the extent that any of the funds consti-
tuting the reserve under section 2764(c) of this
title are paid out for a claim arising out of a
loan guaranteed under section 2764 of this title,
amounts received from a foreign government or
international organization after the date of such
payment, with respect to such claim, shall be
credited to such reserve, shall be merged with
the funds in such reserve, and shall be available
for any purpose for which funds in such reserve
are available.
(Pub. L. 90–629, ch. 3, § 37, Oct. 22, 1968, 82 Stat.
1326; Pub. L. 93–189, § 25(11), Dec. 17, 1973, 87 Stat.
731; Pub. L. 96–533, title I, §§ 104(b), 105(e)(1), Dec.
16, 1980, 94 Stat.
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2778
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of list of controlled items** The Secretary of State, in consultation with the Secretary of Defense and the heads of other appropriate departments and agencies, shall establish and maintain, as part of the United States Munitions List, a list of all items on the MTCR Annex the export of which is not controlled under section 4605(l) 11 See References in Text note below. of title 50.
**(b) Referral of license applications**
(1) A determination of the Secretary of State to approve a license for the export of an item on the list established under subsection (a) may be made only after the license application is referred to the Secretary of Defense.
(2) Within 10 days after a license is issued for the export of an item on the list established under subsection (a), the Secretary of State shall provide to the Secretary of Defense and the Secretary of Commerce the license application and accompanying documents issued to the applicant, to the extent that the relevant Secretary indicates the need to receive such application and documents.
**(c) Information sharing** The Secretary of State shall establish a procedure for sharing information with appropriate officials of the intelligence community, as determined by the Director of Central Intelligence, and with other appropriate Government agencies, that will ensure effective monitoring of transfers of MTCR equipment or technology and other missile technology.
**(d) Exports to space launch vehicle programs** Within 15 days after the issuance of a license (including any brokering license) for the export of items valued at less than $50,000,000 that are controlled under this chapter pursuant to United States obligations under the Missile Technology Control Regime and are goods or services that are intended to
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2797
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Imposition of sanctions**
(1) **Determination by the President** — Except as provided in subsection (b)(2), the President shall impose both of the sanctions described in subsection (c) if the President determines that a foreign person, on or after October 28, 1991, has knowingly and materially contributed—
(A) through the export from the United States of any goods or technology that are subject to the jurisdiction of the United States,
(B) through the export from any other country of any goods or technology that would be, if they were United States goods or technology, subject to the jurisdiction of the United States, or
(C) through any other transaction not subject to sanctions pursuant to the Export Administration Act of 1979,11 See References in Text note below.
to the efforts by any foreign country, project, or entity described in paragraph (2) to use, develop, produce, stockpile, or otherwise acquire chemical or biological weapons.
(2) **Countries, projects, or entities receiving assistance** — Paragraph (1) applies in the case of—
(A) any foreign country that the President determines has, at any time after January 1, 1980—
(i) used chemical or biological weapons in violation of international law;
(ii) used lethal chemical or biological weapons against its own nationals; or
(iii) made substantial preparations to engage in the activities described in clause (i) or (ii);
(B) any foreign country whose government is determined for purposes of section 6(j) 1 of the Export Administration Act of 1979 to be a government that has repeatedly provided support for acts of international terrorism; or
(C) any other foreign country, project, or entity designated by the President for purposes of this section.
(3) **Persons against whom s
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2798
Stored review status: release_metadata_unconfirmed. The source passage cites 22 U.S.C. § 2798. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1286
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2797b–2
1 See References in Text note below.
the United States, July 26, 1994, 59 F.R. 40205, set out as
a note under section 2370a of this title.
§ 2797b–2. Authority relating to MTCR adherents
Notwithstanding section 2797b(b) of this title,
the President may take the actions under sec-
tion 2797b(a)(2) of this title under the cir-
cumstances described in section 2797c(b)(2) of
this title.
(Pub. L. 90–629, ch. 7, § 73B, as added Pub. L.
106–113, div. B, § 1000(a)(7) [div. B, title XI, § 1137],
Nov. 29, 1999, 113 Stat. 1536, 1501A–496).
§ 2797c. Definitions
(a) In general
For purposes of this subchapter—
(1) the term ‘‘missile’’ means a category I
system as defined in the MTCR Annex, and
any other unmanned delivery system of simi-
lar capability, as well as the specially de-
signed production facilities for these systems;
(2) the term ‘‘Missile Technology Control
Regime’’ or ‘‘MTCR’’ means the policy state-
ment, between the United States, the United
Kingdom, the Federal Republic of Germany,
France, Italy, Canada, and Japan, announced
on April 16, 1987, to restrict sensitive missile-
relevant transfers based on the MTCR Annex,
and any amendments thereto;
(3) the term ‘‘MTCR adherent’’ means a
country that participates in the MTCR or
that, pursuant to an international under-
standing to which the United States is a
party, controls MTCR equipment or tech-
nology in accordance with the criteria and
standards set forth in the MTCR;
(4) the term ‘‘MTCR Annex’’ means the
Guidelines and Equipment and Technology
Annex of the MTCR, and any amendments
thereto;
(5) the terms ‘‘missile equipment or tech-
nology’’ and ‘‘MTCR equipment or tech-
nology’’ mean those items listed in category I
or categ
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2798
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 2798. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 96–72, § 3, Sept. 29, 1979, 93 Stat. 504; Pub. L. 99–64, title I, § 103, July 12, 1985, 99 Stat. 121; Pub. L. 103–199, title II, § 201(b)(2), Dec. 17, 1993, 107 Stat. 2321, set forth policy declarations with respect to the Export Administration Act of 1979.
Section was formerly classified to section 2402 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
A prior section 2402 of the former Appendix to this title, Pub. L. 91–184, § 3, Dec. 30, 1969, 83 Stat. 841; Pub. L. 92–412, title I, § 103, Aug. 29, 1972, 86 Stat. 644; Pub. L. 93–500, §§ 2, 4(b), (c), 11, Oct. 29, 1974, 88 Stat. 1552, 1553, 1556; Pub. L. 95–52, title I, § 115, title II, § 202, June 22, 1977, 91 Stat. 241, 247, set forth declaration of policy of Congress with respect to the Export Administration Act of 1969, prior to the expiration of Pub. L. 91–184 on Sept. 30, 1979.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4602
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Federal law — U.S. Code and appendices · legal_authorities
Page 1181
TITLE 50—WAR AND NATIONAL DEFENSE
§ 4603
of Homeland Security, designated by the Secretary of
Homeland Security. The Center shall have two Deputy
Directors, who shall be full-time senior officers or em-
ployees of the Department of Commerce and the De-
partment of Justice, designated by the Secretary of
Commerce and the Attorney General, respectively, de-
tailed to the Center and reporting to the Director. The
Center shall also have an Intelligence Community Liai-
son, who shall be a full-time senior officer or employee
of the Federal Government, designated by the Director
of National Intelligence, and detailed or assigned to the
Center.
(d) The Center shall have a full-time staff reporting
to the Director. To the extent permitted by law, execu-
tive departments and agencies enumerated in sub-
section (b) of this section are encouraged to detail or
assign their employees to the Center without reim-
bursement.
SEC. 3. Functions. The Center shall:
(a) serve as the primary forum within the Federal
Government for executive departments and agencies to
coordinate and enhance their export control enforce-
ment efforts and identify and resolve conflicts that
have not been otherwise resolved in criminal and ad-
ministrative investigations and actions involving vio-
lations of U.S. export control laws;
(b) serve as a conduit between Federal law enforce-
ment agencies and the U.S. Intelligence Community for
the exchange of information related to potential U.S.
export control violations;
(c) serve as a primary point of contact between en-
forcement authorities and agencies engaged in export
licensing;
(d) coordinate law enforcement public outreach ac-
tivities related to U.S. export controls; and
(e) establish Government-wide statistical tracking
ca
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 4602
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Imposition of sanctions**
(1) **Determination by the President** — Except as provided in subsection (b)(2), the President shall impose both of the sanctions described in subsection (c) if the President determines that a foreign person, on or after October 28, 1991, has knowingly and materially contributed—
(A) through the export from the United States of any goods or technology that are subject to the jurisdiction of the United States under this chapter, or
(B) through the export from any other country of any goods or technology that would be, if they were United States goods or technology, subject to the jurisdiction of the United States under this chapter,
to the efforts by any foreign country, project, or entity described in paragraph (2) to use, develop, produce, stockpile, or otherwise acquire chemical or biological weapons.
(2) **Countries, projects, or entities receiving assistance** — Paragraph (1) applies in the case of—
(A) any foreign country that the President determines has, at any time after January 1, 1980—
(i) used chemical or biological weapons in violation of international law;
(ii) used lethal chemical or biological weapons against its own nationals; or
(iii) made substantial preparations to engage in the activities described in clause (i) or (ii);
(B) any foreign country whose government is determined for purposes of section 4605(j) 11 See References in Text note below. of this title to be a government that has repeatedly provided support for acts of international terrorism; or
(C) any other foreign country, project, or entity designated by the President for purposes of this section.
(3) **Persons against which sanctions are to be imposed** — Sanctions shall be imposed pursuant to paragraph (1) on—
(A) the
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4613
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