22 U.S.C. § 2754 — Purposes for which military sales or

Page 1205 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2755 seq.] is excluded from the requirements of this sec- tion.’’ [For delegation of functions of President under sec- tion 101(d) [title V, § 594] of div. A of Pub. L. 105–277, set out above, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.] ELIGIBILITY OF BALTIC STATES FOR NONLETHAL DEFENSE ARTICLES Pub. L. 102–511, title IX, § 906, Oct. 24, 1992, 106 Stat. 3356, provided that: ‘‘(a) ELIGIBILITY.—Estonia, Latvia, and Lithuania shall each be eligible— ‘‘(1) to purchase, or to receive financing for the pur- chase of, nonlethal defense articles— ‘‘(A) under the Arms Export Control Act (22 U.S.C. 2751 et seq.), without regard to section 3(a)(1) of that Act [22 U.S.C. 2753(a)(1)], or ‘‘(B) under section 503 of the Foreign Assistance Act of 1961 (22 U.S.C. 2311), without regard to the re- quirement in subsection (a) of that section for a Presidential finding; and ‘‘(2) to receive nonlethal excess defense articles transferred under section 519 of the Foreign Assist- ance Act of 1961 (22 U.S.C. 2321m), without regard to the restrictions in subsection (a) of that section. ‘‘(b) DEFINITIONS.—As used in this section— ‘‘(1) the term ‘defense article’ has the same mean- ing given to that term in section 47(3) of the Arms Export Control Act (22 U.S.C. 2794(3)); and ‘‘(2) the term ‘excess defense article’ has the same meaning given to that term in section 644(g) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(g)).’’ Executive Documents DELEGATION OF FUNCTIONS For delegation of certain functions of the President under this section, see section 1(a) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16129, set out as a note under sec- tion 2751 of this title. Functions were previously dele- gated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of this title and was re- voked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637. § 2754. Purposes for which military sales or leases by the United States are authorized; report to Congress Defense articles and defense services shall be sold or leased by the United States Government under this chapter to friendly countries solely for internal security, for legitimate self-defense, for preventing or hindering the proliferation of weapons of mass destruction and of the means of delivering such weapons, to permit the recipient country to participate in regional or collective arrangements or measures consistent with the Charter of the United Nations, or otherwise to permit the recipient country to participate in collective measures requested by the United Na- tions for the purpose of maintaining or restoring international peace and security, or for the pur- pose of enabling foreign military forces in less developed friendly 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: Provided, That none of the funds contained in this authorization shall be used to guarantee, or extend credit, or participate in an extension of credit in connection with any sale of sophisticated weapons systems, such as mis- sile systems and jet aircraft for military pur- poses, to any underdeveloped country other than Greece, Turkey, Iran, Israel, the Republic of China, the Philippines and Korea unless the President determines that such financing is im- portant to the national security of the United States and reports within thirty days each such determination to the Congress. (Pub. L. 90–629, ch. 1, § 4, Oct. 22, 1968, 82 Stat. 1322; Pub. L. 97–113, title I, § 109(b)(3), Dec. 29, 1981, 95 Stat. 1526; Pub. L. 107–228, div. B, title XII, § 1202(a), Sept. 30, 2002, 116 Stat. 1427.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. AMENDMENTS 2002—Pub. L. 107–228 inserted ‘‘for preventing or hin- dering the proliferation of weapons of mass destruction and of the means of delivering such weapons,’’ after ‘‘legitimate self-defense,’’ in first sentence. 1981—Pub. L. 97–113 substituted ‘‘sold or leased’’ for ‘‘sold’’ in first sentence. Statutory Notes and Related Subsidiaries 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. § 2755. Discrimination prohibited if based on race, religion, national origin, or sex (a) Congressional declaration of policy It is the policy of the United States that no sales should be made, and no credits (including participations in credits) or guaranties extended to or for any foreign country, the laws, regula- tions, official policies, or governmental prac- tices of which prevent any United States person (as defined in section 7701(a)(30) of title 26) from participating in the furnishing of defense arti- cles or defense services under this chapter on the basis of race, religion, national origin, or sex. (b) Employment of personnel; required contrac- tual provision (1) No agency performing functions under this chapter shall, in employing or assigning per- sonnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary poli- cies or practices of any foreign government where such policies or practices are based upon race, religion, national origin, or sex. (2) Each contract entered into by any such agency for the performance of any function under this chapter shall contain a provision to the effect that no person, partnership, corpora-