22 U.S.C. § 2371 — Prohibition on assistance to governments

Page 862 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2371 June 15 of the following year. The report shall include— (1) a list of the countries receiving notifica- tion that they are in violation of the stand- ards under sections 2370c to 2370c–2 of this title; (2) a description and the amount of any as- sistance withheld under this title pursuant to the application to those countries of the pro- hibition in section 2370c–1(a) of this title; (3) a list of any waivers or exceptions exer- cised under sections 2370c to 2370c–2 of this title; (4) justification for any such waivers and ex- ceptions; and (5) a description and the amount of any as- sistance provided under sections 2370c to 2370c–2 of this title pursuant to the issuance of such waiver. (d) Information to be included in annual traf- ficking in persons report If the Secretary of State notifies a country pursuant to section 2370c–1(b)(2) of this title, or the President grants a waiver pursuant to sec- tion 2370c–1(c)(1) of this title, the Secretary of State shall include, in each report required under section 7107(b) of this title, the informa- tion required to be included in the annual report to Congress under paragraphs (1) through (5) of subsection (c). (Pub. L. 110–457, title IV, § 405, Dec. 23, 2008, 122 Stat. 5090; Pub. L. 115–425, title II, § 212(c), Jan. 8, 2019, 132 Stat. 5486.) Editorial Notes REFERENCES IN TEXT Sections 2370c to 2370c–2 of this title, referred to in subsec. (c)(1), (3), (5), was in the original ‘‘this title’’, meaning title IV of Pub. L. 110–457, Dec. 23, 2008, 122 Stat. 5087, known as the Child Soldiers Prevention Act of 2008, which is classified principally to sections 2370c to 2370c–2 of this title. For complete classification of this Act to the Code, see Short Title of 2008 Amend- ment note set out under section 2151 of this title and Tables. CODIFICATION Section was enacted as part of the Child Soldiers Pre- vention Act of 2008, and also as part of the William Wil- berforce Trafficking Victims Protection Reauthoriza- tion Act of 2008, and not as part of the Foreign Assist- ance Act of 1961 which comprises this chapter. AMENDMENTS 2019—Subsec. (c). Pub. L. 115–425, § 212(c)(1)(A), in in- troductory provisions, struck out ‘‘, during any of the 5 years following December 23, 2008,’’ after ‘‘If’’ and substituted ‘‘waiver’’ for ‘‘wavier’’. Subsec. (c)(2) to (5). Pub. L. 115–425, § 212(c)(1)(B)–(D), added par. (2), redesignated former pars. (2) to (4) as (3) to (5), respectively, and in par. (5), inserted ‘‘and the amount’’ after ‘‘a description’’. Subsec. (d). Pub. L. 115–425, § 212(c)(2), added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Dec. 23, 2008, see sec- tion 407 of Pub. L. 110–457, set out as a note under sec- tion 2370c of this title. Executive Documents DELEGATION OF AUTHORITY Memorandum of President of the United States, June 14, 2012, 77 F.R. 37551, provided: Memorandum for the Secretary of State 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 Code, I hereby delegate to you the functions conferred upon the President by section 405(c) of the Child Sol- diers Prevention Act of 2008, title IV of the William Wilberforce Trafficking Victims Protection Reauthor- ization Act of 2008 (Public Law 110–457). You are authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. § 2371. Prohibition on assistance to governments supporting international terrorism (a) Prohibition The United States shall not provide any as- sistance under this chapter, the Food for Peace Act [7 U.S.C. 1691 et seq.], the Peace Corps Act [22 U.S.C. 2501 et seq.], or the Export-Import Bank Act of 1945 [12 U.S.C. 635 et seq.] to any country if the Secretary of State determines that the government of that country has repeat- edly provided support for acts of international terrorism. (b) Publication of determinations Each determination of the Secretary of State under subsection (a), including each determina- tion in effect on December 12, 1989, shall be pub- lished in the Federal Register. (c) Rescission A determination made by the Secretary of State under subsection (a) may not be rescinded unless the President submits to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate— (1) before the proposed rescission would take effect, a report certifying that— (A) there has been a fundamental change in the leadership and policies of the govern- ment of the country concerned; (B) that government is not supporting acts of international terrorism; and (C) that government has provided assur- ances that it will not support acts of inter- national terrorism in the future; or (2) at least 45 days before the proposed re- scission would take effect, a report justifying the rescission and certifying that— (A) the government concerned has not pro- vided any support for international ter- rorism during the preceding 6-month period; and (B) the government concerned has pro- vided assurances that it will not support acts of international terrorism in the future. (d) Waiver Assistance prohibited by subsection (a) may be provided to a country described in that sub- section if— (1) the President determines that national security interests or humanitarian reasons justify a waiver of subsection (a), except that Page 863 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2372a 1 See References in Text note below. humanitarian reasons may not be used to jus- tify assistance under subchapter II of this chapter (including part IV, part VI, and part VIII), or the Export-Import Bank Act of 1945 [12 U.S.C. 635 et seq.]; and (2) at least 15 days before the waiver takes effect, the President consults with the Com- mittee on Foreign Affairs of the House of Rep- resentatives and the Committee on Foreign Relations of the Senate regarding the pro- posed waiver and submits a report to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate containing— (A) the name of the recipient country; (B) a description of the national security interests or humanitarian reasons which re- quire the waiver; (C) the type and amount of and the jus- tification for the assistance to be provided pursuant to the waiver; and (D) the period of time during which such waiver will be effective. The waiver authority granted in this subsection may not be used to provide any assistance under this chapter which is also prohibited by section 2780 of this title. (Pub. L. 87–195, pt. III, § 620A, as added Pub. L. 94–329, title III, § 303, June 30, 1976, 90 Stat. 753; amended Pub. L. 99–83, title V, § 503(a), Aug. 8, 1985, 99 Stat. 220; Pub. L. 99–190, § 101(i) [title V, § 521], Dec. 19, 1985, 99 Stat. 1291, 1305; Pub. L. 101–222, § 5, Dec. 12, 1989, 103 Stat. 1897; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(Q), June 18, 2008, 122 Stat. 1820.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (d), was in the original ‘‘this Act’’ and ‘‘the Foreign Assistance Act of 1961’’, respectively, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2151 of this title and Tables. The Food for Peace Act, referred to in subsec. (a), is act July 10, 1954, ch. 469, 68 Stat. 454, which is classified principally to chapter 41 (§ 1691 et seq.) of Title 7, Agri- culture. For complete classification of this Act to the Code, see Short Title note set out under section 1691 of Title 7 and Tables. The Peace Corps Act, referred to in subsec. (a), is Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, which is clas- sified principally to chapter 34 (§ 2501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of this title and Tables. The Export-Import Bank Act of 1945, referred to in subsecs. (a) and (d)(1), is act July 31, 1945, ch. 341, 59 Stat. 526, which is classified generally to chapter 6A (§ 635 et seq.) of Title 12, Banks and Banking. For com- plete classification of this Act to the Code, see Short Title note set out under section 635 of Title 12 and Ta- bles. AMENDMENTS 2008—Subsec. (a). Pub. L. 110–246 substituted ‘‘Food for Peace Act’’ for ‘‘Agricultural Trade Development and Assistance Act of 1954’’. 1989—Pub. L. 101–222 amended section generally, in subsec. (a) substituting provisions prohibiting assist- ance if Secretary of State determines country has re- peatedly supported terrorism, for provisions prohib- iting assistance if President determines country grants sanctuary to terrorists or otherwise supports ter- rorism; redesignating subsec. (b) as (d) and inserting provisions prohibiting justification of waiver of assist- ance under specified Acts and provisions describing contents of report on proposed waiver; adding subsecs. (b) and (c); and striking out subsec. (c) which related to imposition of sanction by other countries. 1985—Subsec. (a). Pub. L. 99–190 inserted reference to the Export-Import Bank Act of 1945. Pub. L. 99–83 amended subsec. (a) generally, sub- stituting provisions relating to covered programs and Presidential determinations respecting termination of assistance, for provisions relating to termination of as- sistance to countries granting sanctuary to inter- national terrorists and period of ineligibility. Subsec. (b). Pub. L. 99–83 amended subsec. (b) gen- erally, substituting provisions relating to waiver of ap- plication of subsec. (a), for provisions relating to re- ports respecting continuation of assistance to any country falling within provisions of former subsec. (a) of this section. Subsec. (c). Pub. L. 99–83, in amending section gen- erally, added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effec- tive Date note under section 8701 of Title 7, Agri- culture. 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. SELF-DEFENSE IN ACCORDANCE WITH INTERNATIONAL LAW Pub. L. 101–222, § 10, Dec. 12, 1989, 103 Stat. 1900, pro- vided that: ‘‘The use by any government of armed force in the exercise of individual or collective self-defense in accordance with applicable international agreements and customary international law shall not be consid- ered an act of international terrorism for purposes of the amendments made by this Act [see Short Title of 1989 Amendment note, set out under section 2151 of this title].’’ 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. § 2372. Repealed. Pub. L. 97–113, title VII, § 725(a), Dec. 29, 1981, 95 Stat. 1553 Section, Pub. L. 87–195, pt. III, § 620B, as added Pub. L. 95–92, § 11, Aug. 4, 1977, 91 Stat. 619; amended Pub. L. 95–384, § 12(c)(1), Sept. 26, 1978, 92 Stat. 737, prohibited assistance and sales to Argentina. § 2372a. Renewal, reissuance, etc., of export li- censes to or for Argentina Any export license referred to in section 2372 1 of this title which is issued initially on or before September 30, 1978 may from time to time there- after be renewed, reissued or modified (or in the event of lapse of such license, replacement li- censes may be issued), provided that any such renewal, reissuance or modification (or any such