22 U.S.C. § 2752 — Coordination with foreign policy

Page 1197 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2752 there shall be delivery or other performance under such sale or export, to the end that sales and exports are in- tegrated with other United States activities and the foreign policy of the United States is best served there- by. SEC. 3. Allocation of Funds. Funds appropriated to the President for carrying out the Act shall be deemed to be allocated to the Secretary of Defense without any further action of the President. SEC. 4. Revocation. Executive Order 11958 of January 18, 1977, as amended, is revoked; except that, to the ex- tent consistent with this order, all determinations, au- thorizations, regulations, rulings, certificates, orders, directives, contracts, agreements, and other actions made, issued, taken, or entered into under the provi- sions of Executive Order 11958, as amended, and not re- voked, superseded, or otherwise made inapplicable, shall continue in full force and effect until amended, modified, or terminated by appropriate authority. SEC. 5. Delegation of Functions under the International Emergency Economic Powers Act. [Amended Ex. Ord. No. 13222, listed in a table under section 1701 of Title 50, War and National Defense.] SEC. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. § 2752. Coordination with foreign policy (a) Noninfringement of powers or functions of Secretary of State Nothing contained in this chapter shall be construed to infringe upon the powers or func- tions of the Secretary of State. (b) Responsibility for supervision and direction of sales, leases, financing, cooperative projects, and exports Under the direction of the President, the Sec- retary of State (taking into account other United States activities abroad, such as mili- tary assistance, economic assistance, and the food for peace program) shall be responsible for the continuous supervision and general direc- tion of sales, leases, financing, cooperative projects, and exports under this chapter, includ- ing, but not limited to, determining— (1) whether there will be a sale to or financ- ing for a country and the amount thereof; (2) whether there will be a lease to a coun- try; (3) whether there will be a cooperative project and the scope thereof; and (4) whether there will be delivery or other performance under such sale, lease, coopera- tive project, or export, to the end that sales, financing, leases, coopera- tive projects, and exports will be integrated with other United States activities and to the end that the foreign policy of the United States would be best served thereby. (c) Coordination among representatives of United States The President shall prescribe appropriate pro- cedures to assure coordination among represent- atives of the United States Government in each country, under the leadership of the Chief of the United States Diplomatic Mission. The Chief of the diplomatic mission shall make sure that rec- ommendations of such representatives per- taining to sales are coordinated with political and economic considerations, and his comments shall accompany such recommendations if he so desires. (Pub. L. 90–629, ch. 1, § 2, Oct. 22, 1968, 82 Stat. 1322; Pub. L. 94–329, title II, § 212(a)(2), June 30, 1976, 90 Stat. 745; Pub. L. 97–113, title I, § 109(b)(1), Dec. 29, 1981, 95 Stat. 1526; Pub. L. 99–83, title I, § 115(b)(1), Aug. 8, 1985, 99 Stat. 201; Pub. L. 99–145, title XI, § 1102(a)(2), (5), Nov. 8, 1985, 99 Stat. 710; Pub. L. 99–661, div. A, title XIII, § 1342(e), Nov. 14, 1986, 100 Stat. 3991.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), 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 1986—Subsec. (b). Pub. L. 99–661 repealed section 1102(a)(2) of Pub. L. 99–145 and the amendments made by that section, and provided that this section shall apply as if that section had never been enacted. See 1985 Amendment note below. 1985—Subsec. (b). Pub. L. 99–83 amended subsec. (b) generally, substituting reference to the food for peace program for reference to food for freedom and adding fi- nancing and cooperative projects under this chapter to the list of responsibilities of the Secretary of State. Pub. L. 99–145, § 1102(a)(2), which enacted amendments similar to those provided in Pub. L. 99–83, was repealed. See 1986 Amendment note above and Repeals; Effective Date note below. 1981—Subsec. (b). Pub. L. 97–113 substituted ‘‘sales, leases,’’ for ‘‘sales’’ in two places and ‘‘such sale, lease,’’ for ‘‘such sale’’ and inserted ‘‘whether there shall be a lease to a country,’’ after ‘‘whether there shall be a sale to a country and the amount thereof,’’. 1976—Subsec. (b). Pub. L. 94–329 inserted ‘‘and ex- ports’’ after ‘‘sales’’ wherever appearing and ‘‘and whether there shall be delivery or other performance under such sale or export,’’ after ‘‘thereof,’’. Statutory Notes and Related Subsidiaries 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. EFFECTIVE DATE Section effective July 1, 1968, see section 41 of Pub. L. 90–629, set out as a note under section 2751 of this title. REPEALS Pub. L. 99–145, title XI, § 1102(a)(5), Nov. 8, 1985, 99 Stat. 710, which provided for the repeal of the amend- ments made by § 1102(a) of Pub. L. 99–145, effective as of the effective date of similar amendments by Pub. L. 99–83, was repealed by Pub. L. 99–661, div. A, title XIII, § 1342(e), Nov. 14, 1986, 100 Stat. 3991. Page 1198 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2753 § 2753. Eligibility for defense services or defense articles (a) Prerequisites for consent by President; report to Congress No defense article or defense service shall be sold or leased by the United States Government under this chapter to any country or inter- national organization, and no agreement shall be entered into for a cooperative project (as de- fined in section 2767 of this title), unless— (1) the President finds that the furnishing of defense articles and defense services to such country or international organization will strengthen the security of the United States and promote world peace; (2) the country or international organization shall have agreed not to transfer title to, or possession of, any defense article or related training or other defense service so furnished to it, or produced in a cooperative project (as defined in section 2767 of this title), to anyone not an officer, employee, or agent of that country or international organization (or the North Atlantic Treaty Organization or the specified member countries (other than the United States) in the case of a cooperative project) and not to use or permit the use of such article or related training or other de- fense service for purposes other than those for which furnished unless the consent of the President has first been obtained; (3) the country or international organization shall have agreed that it will maintain the se- curity of such article or service and will pro- vide substantially the same degree of security protection afforded to such article or service by the United States Government; and (4) the country or international organization is otherwise eligible to purchase or lease de- fense articles or defense services. In considering a request for approval of any transfer of any weapon, weapons system, muni- tions, aircraft, military boat, military vessel, or other implement of war to another country, the President shall not give his consent under para- graph (2) to the transfer unless the United States itself would transfer the defense article under consideration to that country. In addi- tion, the President shall not give his consent under paragraph (2) to the transfer of any sig- nificant defense articles on the United States Munitions List unless the foreign country re- questing consent to transfer agrees to demili- tarize such defense articles prior to transfer, or the proposed recipient foreign country provides a commitment in writing to the United States Government that it will not transfer such de- fense articles, if not demilitarized, to any other foreign country or person without first obtain- ing the consent of the President. The President shall promptly submit a report to the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representa- tives, and to the Committee on Foreign Rela- tions of the Senate on the implementation of each agreement entered into pursuant to clause (2) of this subsection. (b) Necessity of consent by President The consent of the President under paragraph (2) of subsection (a) or under paragraph (1) of section 2314(a) of this title (as it relates to sub- paragraph (B) of such paragraph) shall not be re- quired for the transfer by a foreign country or international organization of defense articles sold by the United States under this chapter if a treaty referred to in section 2778(j)(1)(C)(i) of this title permits such transfer without prior consent of the President, or if— (1) such articles constitute components in- corporated into foreign defense articles; (2) the recipient is the government of a member country of the North Atlantic Treaty Organization, the Government of Australia, the Government of Japan, the Government of the Republic of Korea, the Government of Israel, or the Government of New Zealand; (3) the recipient is not a country designated under section 2371 of this title; (4) the United States-origin components are not— (A) significant military equipment (as de- fined in section 2794(9) of this title); (B) defense articles for which notification to Congress is required under section 2776(b) of this title; and (C) identified by regulation as Missile Technology Control Regime items; and (5) the foreign country or international or- ganization provides notification of the trans- fer of the defense articles to the United States Government not later than 30 days after the date of such transfer. (c) Termination of credits, guaranties or sales; report of violation by President; national se- curity exception; conditions for reinstate- ment (1)(A) No credits (including participations in credits) may be issued and no guaranties may be extended for any foreign country under this chapter as hereinafter provided, if such country uses defense articles or defense services fur- nished under this chapter, or any predecessor Act, in substantial violation (either in terms of quantities or in terms of the gravity of the con- sequences regardless of the quantities involved) of any agreement entered into pursuant to any such Act (i) by using such articles or services for a purpose not authorized under section 2754 of this title or, if such agreement provides that such articles or services may only be used for purposes more limited than those authorized under section 2754 of this title for a purpose not authorized under such agreement; (ii) by trans- ferring such articles or services to, or permit- ting any use of such articles or services by, any- one not an officer, employee, or agent of the re- cipient country without the consent of the President; or (iii) by failing to maintain the se- curity of such articles or services. (B) No cash sales or deliveries pursuant to pre- vious sales may be made with respect to any for- eign country under this chapter as hereinafter provided, if such country uses defense articles or defense services furnished under this chapter, or any predecessor Act, in substantial violation (ei- ther in terms of quantity or in terms of the gravity of the consequences regardless of the quantities involved) of any agreement entered into pursuant to any such Act by using such ar- ticles or services for a purpose not authorized