22 U.S.C. § 2301 — Congressional statement of policy

Page 773 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2301 and Central Asia is in addition to the authority to provide such assistance under the FREEDOM Support Act (22 U.S.C. 5801 et seq.) or any other Act, and the authorities applicable to the provi- sion of assistance under part XI of this sub- chapter may be used to provide assistance under this part. (Pub. L. 87–195, pt. I, § 499E, as added Pub. L. 106–113, div. B, § 1000(a)(2) [title V, § 596(b)], Nov. 29, 1999, 113 Stat. 1535, 1501A–125.) Editorial Notes REFERENCES IN TEXT The FREEDOM Support Act, referred to in subsec. (d), is Pub. L. 102–511, Oct. 24, 1992, 106 Stat. 3320, also known as the Freedom for Russia and Emerging Eur- asian Democracies and Open Markets Support Act of 1992. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, 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. § 2296f. Definitions In this part: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means the Committee on Foreign Re- lations of the Senate and the Committee on International Relations of the House of Rep- resentatives. (2) Countries of the South Caucasus and Cen- tral Asia The term ‘‘countries of the South Caucasus and Central Asia’’ means Armenia, Azerbaijan, Georgia, Kazakstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan. (Pub. L. 87–195, pt. I, § 499F, as added Pub. L. 106–113, div. B, § 1000(a)(2) [title V, § 596(b)], Nov. 29, 1999, 113 Stat. 1535, 1501A–126.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. SUBCHAPTER II—MILITARY ASSISTANCE AND SALES PART I—DECLARATION OF POLICY § 2301. Congressional statement of policy The Congress of the United States reaffirms the policy of the United States to achieve inter- national peace and security through the United Nations so that armed force shall not be used ex- cept for individual or collective self-defense. The Congress finds that the efforts of the United States and other friendly countries to promote peace and security continue to require measures of support based upon the principle of effective self-help and mutual aid. It is the purpose of subchapter II of this chapter to authorize meas- ures in the common defense against internal and external aggression, including the furnishing of military assistance, upon request, to friendly countries and international organizations. In furnishing such military assistance, it remains the policy of the United States to continue to exert maximum efforts to achieve universal con- trol of weapons of mass destruction and uni- versal regulation and reduction of armaments, including armed forces, under adequate safe- guards to protect complying countries against violation and evasion. The Congress recognizes that the peace of the world and the security of the United States are endangered so long as hostile countries continue by threat of military action, by the use of eco- nomic pressure, and by internal subversion, or other means to attempt to bring under their domination peoples now free and independent and continue to deny the rights of freedom and self-government to peoples and countries once free but now subject to such domination. It is the sense of the Congress that an impor- tant contribution toward peace would be made by the establishment under the Organization of American States of an international military force. In enacting this legislation, it is therefore the intention of the Congress to promote the peace of the world and the foreign policy, security, and general welfare of the United States by fos- tering an improved climate of political inde- pendence and individual liberty, improving the ability of friendly countries and international organizations to deter or, if necessary, defeat aggression, facilitating arrangements for indi- vidual and collective security, assisting friendly countries to maintain internal security, and cre- ating an environment of security and stability in the developing friendly countries essential to their more rapid social, economic, and political progress. The Congress urges that all other countries able to contribute join in a common undertaking to meet the goals stated in sub- chapter II of this chapter. It is the sense of the Congress that in the ad- ministration of subchapter II of this chapter pri- ority shall be given to the needs of those coun- tries in danger of becoming victims of aggres- sion or in which the internal security is threat- ened by internal subversion inspired or sup- ported by hostile countries. Finally, the Congress reaffirms its full support of the progress of the members of the North At- lantic Treaty Organization toward increased co- operation in political, military, and economic affairs. In particular, the Congress welcomes the steps which have been taken to promote multi- lateral programs of coordinated procurement, research, development, and production of de- fense articles and urges that such programs be expanded to the fullest extent possible to fur- ther the defense of the North Atlantic Area. (Pub. L. 87–195, pt. II, § 501, formerly § 502, Sept. 4, 1961, 75 Stat. 434, renumbered § 501 and amend- ed Pub. L. 90–137, pt. II, § 201(a), Nov. 14, 1967, 81 Stat. 455; Pub. L. 103–199, title VII, § 705(1), Dec. 17, 1993, 107 Stat. 2328.) 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-