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10 U.S.C. § 361 — Prohibition on providing financial assist-
Federal law — U.S. Code and appendices · legal_authorities
Page 401
TITLE 10—ARMED FORCES
§ 362
1 See References in Text note below.
§ 361. Prohibition on providing financial assist-
ance to terrorist countries
(a) PROHIBITION.—Funds available to the De-
partment of Defense may not be obligated or ex-
pended to provide financial assistance to—
(1) any country with respect to which the
Secretary of State has made a determination
under section 6(j)(1)(A) 1 of the Export Admin-
istration Act of 1979 (50 U.S.C. 4605(j)(1)(A));
(2) any country identified in the latest re-
port submitted to Congress under section 140
of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), as
providing significant support for international
terrorism; or
(3) any other country that, as determined by
the President—
(A) grants sanctuary from prosecution to
any individual or group that has committed
an act of international terrorism; or
(B) otherwise supports international ter-
rorism.
(b) WAIVER.—(1) The President may waive the
application of subsection (a) to a country if the
President determines—
(A) that it is in the national security inter-
ests of the United States to do so; or
(B) that the waiver should be granted for hu-
manitarian reasons.
(2) The President shall—
(A) notify the Committee on Armed Services
and the Committee on Foreign Relations of
the Senate and the Committee on Armed Serv-
ices and the Committee on International Rela-
tions of the House of Representatives at least
15 days before the waiver takes effect; and
(B) publish a notice of the waiver in the Fed-
eral Register.
(c) DEFINITION.—In this section, the term
‘‘international terrorism’’ has the meaning
given that term in section 140(d) of the Foreign
Relations Authorization Act, Fiscal Years 1988
and 1989 (22 U.S.C. 2656f
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 361
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Source location: USCODE-2024-title10-subtitleA-partI-chap16-subchapVI-sec361.pdf
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Page 401
TITLE 10—ARMED FORCES
§ 362
1 See References in Text note below.
§ 361. Prohibition on providing financial assist-
ance to terrorist countries
(a) PROHIBITION.—Funds available to the De-
partment of Defense may not be obligated or ex-
pended to provide financial assistance to—
(1) any country with respect to which the
Secretary of State has made a determination
under section 6(j)(1)(A) 1 of the Export Admin-
istration Act of 1979 (50 U.S.C. 4605(j)(1)(A));
(2) any country identified in the latest re-
port submitted to Congress under section 140
of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), as
providing significant support for international
terrorism; or
(3) any other country that, as determined by
the President—
(A) grants sanctuary from prosecution to
any individual or group that has committed
an act of international terrorism; or
(B) otherwise supports international ter-
rorism.
(b) WAIVER.—(1) The President may waive the
application of subsection (a) to a country if the
President determines—
(A) that it is in the national security inter-
ests of the United States to do so; or
(B) that the waiver should be granted for hu-
manitarian reasons.
(2) The President shall—
(A) notify the Committee on Armed Services
and the Committee on Foreign Relations of
the Senate and the Committee on Armed Serv-
ices and the Committee on International Rela-
tions of the House of Representatives at least
15 days before the waiver takes effect; and
(B) publish a notice of the waiver in the Fed-
eral Register.
(c) DEFINITION.—In this section, the term
‘‘international terrorism’’ has the meaning
given that term in section 140(d) of the Foreign
Relations Authorization Act, Fiscal Years 1988
and 1989 (22 U.S.C. 2656f(d)).
(Added Pub. L. 104–106, div. A, title XIII,
§ 1341(a), Feb. 10, 1996, 110 Stat. 485, § 2249a;
amended Pub. L. 105–85, div. A, title X,
§ 1073(a)(40), Nov. 18, 1997, 111 Stat. 1902; Pub. L.
106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113
Stat. 774; renumbered § 361 and amended Pub. L.
114–328, div. A, title X, § 1081(b)(3)(B), title XII,
§ 1241(l)(1), Dec. 23, 2016, 130 Stat. 2418, 2509.)
Editorial Notes
REFERENCES IN TEXT
Section 6(j)(1)(A) of the Export Administration Act of
1979 (50 U.S.C. 4605(j)(1)(A)), referred to in subsec. (a)(1),
was repealed by Pub. L. 115–232, div. A, title XVII,
§ 1766(a), Aug. 13, 2018, 132 Stat. 2232. For similar provi-
sions, see section 4813(c)(1)(A)(i) of Title 50, War and
National Defense, as enacted by Pub. L. 115–232.
AMENDMENTS
2016—Pub. L. 114–328, § 1241(l)(1), renumbered section
2249a of this title as this section.
Subsec. (a)(1). Pub. L. 114–328, § 1081(b)(3)(B), sub-
stituted ‘‘(50 U.S.C. 4605(j)(1)(A))’’ for ‘‘(50 U.S.C. App.
2405(j)(1)(A))’’.
1999—Subsec. (b)(2)(A). Pub. L. 106–65 substituted
‘‘and the Committee on Armed Services’’ for ‘‘and the
Committee on National Security’’.
1997—Subsec. (a)(1). Pub. L. 105–85 substituted ‘‘50
U.S.C. App. 2405(j)(1)(A)’’ for ‘‘50 App. 2405(j)’’.
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.
§ 362. Prohibition on use of funds for assistance
to units of foreign security forces that have
committed a gross violation of human rights
(a) IN GENERAL.—(1) Of the amounts made
available to the Department of Defense, none
may be used for any training, equipment, or
other assistance for a unit of a foreign security
force if the Secretary of Defense has credible in-
formation that the unit has committed a gross
violation of human rights.
(2) The Secretary of Defense shall, in consulta-
tion with the Secretary of State, ensure that
prior to a decision to provide any training,
equipment, or other assistance to a unit of a for-
eign security force full consideration is given to
any credible information available to the De-
partment of State relating to human rights vio-
lations by such unit.
(b) EXCEPTION.—The prohibition in subsection
(a)(1) shall not apply if the Secretary of Defense,
after consultation with the Secretary of State,
determines that the government of such country
has taken all necessary corrective steps, or if
the equipment or other assistance is necessary
to assist in disaster relief operations or other
humanitarian or national security emergencies.
(c) WAIVER.—The Secretary of Defense, after
consultation with the Secretary of State, may
waive the prohibition in subsection (a)(1) if the
Secretary determines that the waiver is re-
quired by extraordinary circumstances.
(d) PROCEDURES.—The Secretary of Defense
shall establish, and periodically update, proce-
dures to ensure that any information in the pos-
session of the Department of Defense about
gross violations of human rights by units of for-
eign security forces is shared on a timely basis
with the Department of State.
(e) REPORT.—Not later than 15 days after the
application of any exception under subsection
(b) or the exercise of any waiver under sub-
section (c), the Secretary of Defense shall sub-
mit to the appropriate committees of Congress a
report—
(1) in the case of an exception under sub-
section (b), providing notice of the use of the
exception and stating the grounds for the ex-
ception; and
(2) in the case of a waiver under subsection
(c), describing—
(A) the information relating to the gross
violation of human rights;
(B) the extraordinary circumstances that
necessitate the waiver;
(C) the purpose and duration of the train-
ing, equipment, or other assistance; and
(D) the United States forces and the for-
eign security force unit involved.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition.—** Funds available to the Department of Defense may not be obligated or expended to provide financial assistance to—
(1) any country with respect to which the Secretary of State has made a determination under section 6(j)(1)(A) 11 See References in Text note below. of the Export Administration Act of 1979 ([50 U.S.C. 4605(j)(1)(A)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4605/j/1/A&num=0&edition=prelim));
(2) any country identified in the latest report submitted to Congress under section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 ([22 U.S.C. 2656f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2656f&num=0&edition=prelim)), as providing significant support for international terrorism; or
(3) any other country that, as determined by the President—
(A) grants sanctuary from prosecution to any individual or group that has committed an act of international terrorism; or
(B) otherwise supports international terrorism.
**(b) Waiver.—**
(1) The President may waive the application of subsection (a) to a country if the President determines—
(A) that it is in the national security interests of the United States to do so; or
(B) that the waiver should be granted for humanitarian reasons.
(2) The President shall—
(A) notify the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on International Relations of the House of Representatives at least 15 days before the waiver takes effect; and
(B) publish a notice of the waiver in the Federal Register.
**(c) Definition.—** In this section, the term “international terrorism” has the meaning given that term in section
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 361
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement of annual country reports on terrorism** The Secretary of State shall transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate, by October 31 of each year, a full and complete report providing—
(1)
(A) detailed assessments with respect to each foreign country—
(i) in which acts of international terrorism occurred which were, in the opinion of the Secretary, of major significance;
(ii) about which the Congress was notified during the preceding five years pursuant to section 4605(j) 11 See References in Text note below. of title 50; and
(iii) which the Secretary determines should be the subject of such report; and
(B) detailed assessments with respect to each foreign country whose territory is being used as a sanctuary for terrorists or terrorist organizations;
(2) all relevant information about the activities during the preceding year of any terrorist group, and any umbrella group under which such terrorist group falls, known to be responsible for the kidnapping or death of an American citizen during the preceding five years, any terrorist group known to have obtained or developed, or to have attempted to obtain or develop, weapons of mass destruction, any terrorist group known to be financed by countries about which Congress was notified during the preceding year pursuant to section 4605(j) 1 of title 50, any group designated by the Secretary as a foreign terrorist organization under [section 1189 of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1189&num=0&edition=prelim), and any other known international terrorist group which the Secretary determines should be the subject of such report;
(3) with respect to each foreign country from which
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2656f
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Federal law — U.S. Code and appendices · legal_authorities
Page 1095
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2656f
1 See References in Text note below.
2 So in original. Probably should be followed by ‘‘and’’.
3 So in original. Another par. (3) and par. (4) follow par. (5).
§ 2656f. Annual country reports on terrorism
(a) Requirement of annual country reports on
terrorism
The Secretary of State shall transmit to the
Speaker of the House of Representatives and the
Committee on Foreign Relations of the Senate,
by April 30 of each year, a full and complete re-
port providing—
(1)(A) detailed assessments with respect to
each foreign country—
(i) in which acts of international terrorism
occurred which were, in the opinion of the
Secretary, of major significance;
(ii) about which the Congress was notified
during the preceding five years pursuant to
section 4605(j) 1 of title 50; and
(iii)
which
the
Secretary
determines
should be the subject of such report; and
(B) detailed assessments with respect to
each foreign country whose territory is being
used as a sanctuary for terrorists or terrorist
organizations;
(2) all relevant information about the activi-
ties during the preceding year of any terrorist
group, and any umbrella group under which
such terrorist group falls, known to be respon-
sible for the kidnapping or death of an Amer-
ican citizen during the preceding five years,
any terrorist group known to have obtained or
developed, or to have attempted to obtain or
develop, weapons of mass destruction, any ter-
rorist group known to be financed by countries
about which Congress was notified during the
preceding year pursuant to section 4605(j) 1 of
title 50, any group designated by the Secretary
as a foreign terrorist organization under sec-
tion 1189 of title 8, and any other known inter-
n
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2656f
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 2656f. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1187
TITLE 50—WAR AND NATIONAL DEFENSE
§§ 4605 to 4610
of Federal Regulations, as in effect on June 10, 1997;
and
‘‘(2) the countries listed in section 740.7(e) of title 15
of the Code of Federal Regulations, as in effect on
June 10, 1997.
‘‘SEC. 1213. POST-SHIPMENT VERIFICATION OF EX-
PORT OF HIGH PERFORMANCE COMPUTERS.
‘‘(a) REQUIRED
POST-SHIPMENT
VERIFICATION.—The
Secretary of Commerce shall conduct post-shipment
verification of each digital computer with a composite
theoretical performance of more than 2,000 millions of
theoretical operations per second (MTOPS) that is ex-
ported from the United States, on or after the date of
the enactment of this Act [Nov. 18, 1998], to a country
specified in subsection (b).
‘‘(b) COVERED COUNTRIES.—For purposes of subsection
(a), the countries specified in this subsection are the
countries listed as ‘Computer Tier 3’ eligible countries
in section 740.7 of title 15 of the Code of Federal Regula-
tions, as in effect on June 10, 1997, subject to modifica-
tion by the President under section 1211(e).
‘‘(c) ANNUAL REPORT.—The Secretary of Commerce
shall submit to the congressional committees specified
in section 1215 an annual report on the results of post-
shipment verifications conducted under this section
during the preceding year. Each such report shall in-
clude a list of all such items exported from the United
States to such countries during the previous year and,
with respect to each such export, the following:
‘‘(1) The destination country.
‘‘(2) The date of export.
‘‘(3) The intended end use and intended end user.
‘‘(4) The results of the post-shipment verification.
‘‘(d) EXPLANATION
WHEN
VERIFICATION
NOT
CON-
DUCTED.—If a post-shipment verification has not been
conducted in accordance with subs
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 4605
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 4605. This identifies an authority to review, not proof of applicability.