22 U.S.C. § 2302 — Utilization of defense articles and defense

Page 774 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2302 Editorial Notes REFERENCES IN TEXT This legislation, referred to in fourth paragraph, means Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. PRIOR PROVISIONS A prior section 501 of Pub. L. 87–195, provided that part II of Pub. L. 87–195 [subchapter II of this chapter] should be cited as the ‘‘International Peace and Secu- rity Act of 1961’’, prior to repeal by Pub. L. 88–205, pt. II, § 201(b), Dec. 16, 1963, 77 Stat. 384. AMENDMENTS 1993—Pub. L. 103–199, § 705(1)(A), in second par., sub- stituted ‘‘hostile countries’’ for ‘‘international com- munism and the countries it controls’’. Pub. L. 103–199, § 705(1)(B), in fourth par., struck out ‘‘Communist or Communist-supported’’ after ‘‘if nec- essary, defeat’’. Pub. L. 103–199, § 705(1)(C), in fifth par., substituted ‘‘aggression or in which the internal security is threat- ened by internal subversion inspired or supported by hostile countries.’’ for ‘‘active Communist or Com- munist-supported aggression or those countries in which the internal security is threatened by Com- munist-inspired or Communist-supported internal sub- version.’’ 1967—Pub. L. 90–137 inserted par. to indicate that pri- ority shall be given in the use of the funds available to defend against Communist aggression or Communist- inspired internal subversion. Statutory Notes and Related Subsidiaries REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE CERTAIN PARTS OF SUBCHAPTER II References to subchapter II of this chapter are deemed to exclude parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II, and references to subchapter I of this chapter are deemed to include such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title. TRANSFER OF PROSCRIBED WEAPONS TO PERSONS OR ENTITIES IN THE WEST BANK AND GAZA Pub. L. 107–228, div. A, title VI, § 699, Sept. 30, 2002, 116 Stat. 1418, provided that: ‘‘(a) DETERMINATION REGARDING TRANSFERS.—If the President determines, based on a preponderance of the evidence, that a foreign person or entity has knowingly transferred proscribed weapons to Palestinian entities in the West Bank or Gaza, then, for the period specified in subsection (b), no assistance may be provided to the person or entity under part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2301 et seq.] and no sales of de- fense articles or defense services may be made to the person or entity under section 23 of the Arms Export Control Act [22 U.S.C. 2763]. ‘‘(b) DURATION OF PROHIBITION.—The period referred to in subsection (a) is the period commencing on the date on which a notification of a determination under subsection (a) is submitted to the appropriate congres- sional committees and ending on the date that is two years after such date. ‘‘(c) REPORT.—In conjunction with the report re- quired under title VIII of the P.L.O. Commitments Compliance Act of 1989 (Public Law 101–246) [104 Stat. 76], the President shall submit a report to the appro- priate congressional committees on transfers reviewed pursuant to subsection (a). ‘‘(d) DEFINITION.—In this section, the term ‘proscribed weapons’ means arms, ammunition, and equipment the transfer of which is not in compliance with the Agree- ment on the Gaza Strip and the Jericho Area of May 4, 1994, its annexes, or subsequent agreements between Israel and the PLO, or Palestinian Authority, as appro- priate.’’ [Functions of President under section 699 of Pub. L. 107–228, set out above, delegated to Secretary of State by Memorandum of President of the United States, Apr. 30, 2009, 74 F.R. 22637.] [For definition of ‘‘appropriate congressional com- mittees’’ as used in section 699 of Pub. L. 107–228, set out above, see section 3 of Pub. L. 107–228, set out as a note under section 2651 of this title.] § 2302. Utilization of defense articles and defense services Defense articles and defense services to any country shall be furnished solely for internal se- curity (including for antiterrorism and non- proliferation purposes), for legitimate self-de- fense, to permit the recipient country to partici- pate in regional or collective arrangements or measures consistent with the Charter of the United Nations, or otherwise to permit the re- cipient country to participate in collective measures requested by the United Nations for the purpose of maintaining or restoring inter- national peace and security, or for the purpose of assisting foreign military forces in less devel- oped friendly countries (or the voluntary efforts of personnel of the Armed Forces of the United States in such countries) to construct public works and to engage in other activities helpful to the economic and social development of such friendly countries. It is the sense of the Con- gress that such foreign military forces should not be maintained or established solely for civic action activities and that such civic action ac- tivities not significantly detract from the capa- bility of the military forces to perform their military missions and be coordinated with and form part of the total economic and social devel- opment effort. (Pub. L. 87–195, pt. II, § 502, formerly § 505(a), Sept. 4, 1961, 75 Stat. 436; Pub. L. 88–205, pt. II, § 202(b), Dec. 16, 1963, 77 Stat. 384; Pub. L. 89–171, pt. II, § 201(c), Sept. 6, 1965, 79 Stat. 656; renum- bered and amended Pub. L. 90–137, pt. II, § 201(d), Nov. 14, 1967, 81 Stat. 456; Pub. L. 106–280, title VII, § 701, Oct. 6, 2000, 114 Stat. 861.) Editorial Notes CODIFICATION Section was formerly classified to section 2313 of this title. AMENDMENTS 2000—Pub. L. 106–280 inserted ‘‘(including for antiterrorism and nonproliferation purposes)’’ after ‘‘internal security’’ in first sentence. 1967—Pub. L. 90–137 substituted ‘‘Defense articles and defense services’’ for ‘‘Military assistance’’. 1965—Pub. L. 89–171 authorized military assistance to any country for the purpose of assisting foreign mili- tary forces in less developed friendly countries (or the voluntary efforts of personnel of the Armed Forces of the United States in such countries) to construct pub- lic works and to engage in other activities helpful to the economic and social development of such friendly countries, expressed the sense of Congress that such foreign military forces should not be maintained or es- tablished solely for civic action activities, and that such civic action activities should not significantly de- tract from the capability of the military forces to per- Page 775 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2304 1 So in original. The period probably should not appear. form their military missions, and should be coordi- nated with and from part of the total economic and so- cial development effort, and struck out prohibition against further assistance to Latin American coun- tries, now incorporated in section 2319(c) of this title. 1963—Pub. L. 88–205 inserted proviso stopping further military assistance under this chapter to Latin Amer- ican countries except to the extent necessary to fulfill prior commitments or to safeguard the security of the United States or of a country associated with the United States in the Alliance for Progress against the overthrow of a duly constituted government, now in- corporated in section 2319(c) of this title. Statutory Notes and Related Subsidiaries TRANSFER TO REPUBLIC OF KOREA OF DEFENSE ARTICLES; REIMBURSEMENT FOR TRANSFER Pub. L. 91–652, § 3, Jan. 5, 1971, 84 Stat. 1942, author- ized the President until June 30, 1972, to transfer to the Republic of Korea such Armed Forces defense articles located in Korea on July 1, 1970 as he determined appro- priate and provided that no funds appropriated under Pub. L. 91–652 or this chapter were to be available for reimbursement to any Government agency for any such transfers of defense articles. § 2303. Repealed. Pub. L. 104–164, title I, § 104(b)(2)(A), July 21, 1996, 110 Stat. 1426 Section, Pub. L. 87–195, pt. II, § 502A, as added Pub. L. 93–189, § 12(a), Dec. 17, 1973, 87 Stat. 720, directed that excess defense articles be provided whenever possible rather than new items. § 2304. Human rights and security assistance (a) Observance of human rights as principal goal of foreign policy; implementation require- ments (1) The United States shall, in accordance with its international obligations as set forth in the Charter of the United Nations and in keeping with the constitutional heritage and traditions of the United States, promote and encourage in- creased respect for human rights and fundamental freedoms throughout the world without distinction as to race, sex, language, or religion. Accordingly, a principal goal of the for- eign policy of the United States shall be to pro- mote the increased observance of internation- ally recognized human rights by all countries. (2) Except under circumstances specified in this section, no security assistance may be pro- vided to any country the government of which engages in a consistent pattern of gross viola- tions of internationally recognized human rights. Security assistance may not be provided to the police, domestic intelligence, or similar law enforcement forces of a country, and li- censes may not be issued under the Export Ad- ministration Act of 1979 for the export of crime control and detection instruments and equip- ment to a country, the government of which en- gages in a consistent pattern of gross violations of internationally recognized human rights un- less the President certifies in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Rela- tions of the Senate and the chairman of the Committee on Banking, Housing, and Urban Af- fairs of the Senate (when licenses are to be issued pursuant to the Export Administration Act of 1979).1 that extraordinary circumstances exist warranting provision of such assistance and issuance of such licenses. Assistance may not be provided under part V of this subchapter to a country the government of which engages in a consistent pattern of gross violations of internationally recognized human rights unless the President certifies in writing to the Speaker of the House of Representatives and the chair- man of the Committee on Foreign Relations of the Senate that extraordinary circumstances exist warranting provision of such assistance. (3) In furtherance of paragraphs (1) and (2), the President is directed to formulate and conduct international security assistance programs of the United States in a manner which will pro- mote and advance human rights and avoid iden- tification of the United States, through such programs, with governments which deny to their people internationally recognized human rights and fundamental freedoms, in violation of inter- national law or in contravention of the policy of the United States as expressed in this section or otherwise. (4) In determining whether the government of a country engages in a consistent pattern of gross violations of internationally recognized human rights, the President shall give par- ticular consideration to whether the govern- ment— (A) has engaged in or tolerated particularly severe violations of religious freedom, as de- fined in section 6402 of this title; or (B) has failed to undertake serious and sus- tained efforts to combat particularly severe violations of religious freedom when such ef- forts could have been reasonably undertaken. (b) Report by Secretary of State on practices of proposed recipient countries; considerations The Secretary of State shall transmit to the Congress, as part of the presentation materials for security assistance programs proposed for each fiscal year, a full and complete report, pre- pared with the assistance of the Assistant Sec- retary of State for Democracy, Human Rights, and Labor and with the assistance of the Ambas- sador at Large for International Religious Free- dom, with respect to practices regarding the ob- servance of and respect for internationally rec- ognized human rights in each country proposed as a recipient of security assistance. Wherever applicable, such report shall include consoli- dated information regarding the commission of war crimes, crimes against humanity, and evi- dence of acts that may constitute genocide (as defined in article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide and modified by the United States in- strument of ratification to that convention and section 2(a) of the Genocide Convention Imple- mentation Act of 1987). Wherever applicable, such report shall include information on prac- tices regarding coercion in population control, including coerced abortion and involuntary ster- ilization. Such report shall also include, wher- ever applicable, information on violations of re- ligious freedom, including particularly severe violations of religious freedom (as defined in section 6402 of this title). Wherever applicable, such report shall include a description of the na- ture and extent of acts of anti-Semitism and