22 U.S.C. § 2377 — Prohibition on assistance to countries

Page 873 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2377 Prior determinations and certifications were con- tained in the following: Determination of President of the United States, No. 90–1, Oct. 5, 1989, 54 F.R. 43797. Determination of President of the United States, No. 89–7, Nov. 18, 1988, 53 F.R. 49111. Determination of President of the United States, No. 88–5, Jan. 15, 1988, 53 F.R. 3325. Determination of President of the United States, No. 88–4, Dec. 17, 1987, 53 F.R. 773. Determination of President of the United States, No. 87–3, Oct. 27, 1986, 51 F.R. 40301. Determination of President of the United States, No. 86–03, Nov. 25, 1985, 50 F.R. 50273. WAIVER OF SANCTIONS Sanctions contained in subsec. (e) waived in certain regards with respect to India by Determination of President of the United States, No. 2000–18, Mar. 16, 2000, 65 F.R. 16297, set out as a note under section 2799aa–1 of this title. Sanctions contained in subsec. (e) waived in certain regards by Determination of President of the United States, No. 2000–4, Oct. 27, 1999, 64 F.R. 60649, set out as a note under section 2799aa–1 of this title. § 2376. Nuclear non-proliferation policy in South Asia (a) Findings The Congress finds that— (1) the proliferation of weapons of mass de- struction remains one of the most serious threats to international peace and stability; (2) South Asia, in particular, is an area where the threat of a regional nuclear ex- change remains high due to continued Indo- Pakistani tensions over issues such as Kash- mir; (3) to date, United States efforts to halt pro- liferation in South Asia have failed; (4) although global disarmament is a desir- able goal which should be vigorously pursued, both regional and sub-regional security ar- rangements can serve to decrease tensions and promote non-proliferation in certain areas; (5) thus far, there has been some success on a regional basis, such as the South Pacific Nu- clear Weapons Free Zone and the Treaty of Tlatelolco in Latin America; (6) in particular, in Latin America, the Trea- ty of Tlatelolco has been signed by all the nu- clear powers; (7) a critical part of this treaty is Protocol II which prohibits nuclear attacks by nuclear weapons states on signatories to the treaty; (8) in 1991, a proposal was made for a re- gional conference on non-proliferation in South Asia which would include Pakistan, India, the People’s Republic of China, the So- viet Union, and the United States; and (9) thus far, Pakistan, China, Russia, and the United States have expressed interest in at- tending such a conference, whereas India has refused to attend. (b) Policy It is the sense of the Congress that the Presi- dent should pursue a policy which seeks a re- gional negotiated solution to the issue of nu- clear non-proliferation in South Asia at the ear- liest possible time, including a protocol to be signed by all nuclear weapons states, prohib- iting nuclear attacks by nuclear weapons states on countries in the region. Such a policy should have as its ultimate goal concurrent accession by Pakistan and India to the Nuclear Non-Pro- liferation Treaty, and should also include as needed a phased approach to that goal through a series of agreements among the parties on nu- clear issues, such as the agreement reached by Pakistan and India not to attack one another’s nuclear facilities. (Pub. L. 87–195, pt. III, § 620F, as added Pub. L. 102–391, title V, § 585(a), Oct. 6, 1992, 106 Stat. 1688; amended Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2219(b), Oct. 21, 1998, 112 Stat. 2681–817; Pub. L. 113–188, title XIV, § 1401, Nov. 26, 2014, 128 Stat. 2023.) Editorial Notes AMENDMENTS 2014—Subsec. (c). Pub. L. 113–188 struck out subsec. (c). Text read as follows: ‘‘Not later than April 1 of each year, the President shall submit a report to the Com- mittees on Appropriations, the Speaker of the House of Representatives, and the chairman of the Committee on Foreign Relations of the Senate, on nuclear pro- liferation in South Asia, including efforts taken by the United States to achieve a regional agreement on nu- clear non-proliferation, and including a comprehensive list of the obstacles to concluding such a regional agreement.’’ 1998—Subsec. (c). Pub. L. 105–277, which directed the substitution of ‘‘Not later than April 1 of each year,’’ for ‘‘Not later than April 1, 1993 and every six months thereafter,’’ was executed by making the substitution for text which contained a comma after ‘‘1993’’ to re- flect the probable intent of Congress. 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. DELEGATION OF AUTHORITY WITH RESPECT TO REPORTS TO CONGRESS CONCERNING PROGRESS TOWARD NON- PROLIFERATION IN SOUTH ASIA Memorandum of President of the United States, Mar. 30, 1994, 59 F.R. 17229, delegated to the Secretary of State the reporting functions vested in the President by former subsec. (c) of this section. § 2377. Prohibition on assistance to countries that aid terrorist states (a) Withholding of assistance The President shall withhold assistance under this chapter to the government of any country that provides assistance to the government of any other country for which the Secretary of State has made a determination under section 2371 of this title. (b) Waiver Assistance prohibited by this section may be furnished to a foreign government described in subsection (a) if the President determines that furnishing such assistance is important to the national interests of the United States and, not later than 15 days before obligating such assist- ance, furnishes a report to the appropriate com- mittees of Congress including— (1) a statement of the determination; Page 874 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2378 1 See References in Text note below. (2) a detailed explanation of the assistance to be provided; (3) the estimated dollar amount of the as- sistance; and (4) an explanation of how the assistance fur- thers United States national interests. (Pub. L. 87–195, pt. III, § 620G, as added Pub. L. 104–132, title III, § 325, Apr. 24, 1996, 110 Stat. 1256.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning 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 Another section 620G of Pub. L. 87–195 was renum- bered section 620J and is classified to section 2378a of this title. Statutory Notes and Related Subsidiaries CONGRESSIONAL FINDINGS Pub. L. 104–132, title III, § 324, Apr. 24, 1996, 110 Stat. 1255, provided that: ‘‘The Congress finds that— ‘‘(1) international terrorism is among the most seri- ous transnational threats faced by the United States and its allies, far eclipsing the dangers posed by popu- lation growth or pollution; ‘‘(2) the President should continue to make efforts to counter international terrorism a national secu- rity priority; ‘‘(3) because the United Nations has been an inad- equate forum for the discussion of cooperative, multi- lateral responses to the threat of international ter- rorism, the President should undertake immediate ef- forts to develop effective multilateral responses to international terrorism as a complement to national counter terrorist efforts; ‘‘(4) the President should use all necessary means, including covert action and military force, to disrupt, dismantle, and destroy international infrastructure used by international terrorists, including overseas terrorist training facilities and safe havens; ‘‘(5) the Congress deplores decisions to ease, evade, or end international sanctions on state sponsors of terrorism, including the recent decision by the United Nations Sanctions Committee to allow airline flights to and from Libya despite Libya’s noncompli- ance with United Nations resolutions; and ‘‘(6) the President should continue to undertake ef- forts to increase the international isolation of state sponsors of international terrorism, including efforts to strengthen international sanctions, and should op- pose any future initiatives to ease sanctions on Libya or other state sponsors of terrorism.’’ ‘‘ASSISTANCE’’ DEFINED Assistance defined for purposes of title III of Pub. L. 104–132, see section 329 of Pub. L. 104–132, set out as a note under section 2349aa–10 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. § 2378. Prohibition on assistance to countries that provide military equipment to terrorist states (a) Prohibition (1) In general The President shall withhold assistance under this chapter to the government of any country that provides lethal military equip- ment to a country the government of which the Secretary of State has determined is a ter- rorist government for the purposes of section 4605(j) 1 of title 50, or 2371 of this title. (2) Applicability The prohibition under this section with re- spect to a foreign government shall terminate 1 year after that government ceases to provide lethal military equipment. This section ap- plies with respect to lethal military equip- ment provided under a contract entered into after April 24, 1996. (b) Waiver Notwithstanding any other provision of law, assistance may be furnished to a foreign govern- ment described in subsection (a) if the President determines that furnishing such assistance is important to the national interests of the United States and, not later than 15 days before obligating such assistance, furnishes a report to the appropriate committees of Congress includ- ing— (1) a statement of the determination; (2) a detailed explanation of the assistance to be provided; (3) the estimated dollar amount of the as- sistance; and (4) an explanation of how the assistance fur- thers United States national interests. (Pub. L. 87–195, pt. III, § 620H, as added Pub. L. 104–132, title III, § 326, Apr. 24, 1996, 110 Stat. 1256.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(1), was in the original ‘‘this Act’’, meaning 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. Section 4605(j) of title 50, 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. CODIFICATION April 24, 1966, referred to in subsec. (a)(2), was in the original ‘‘the date of enactment of this Act’’, which was translated as meaning the date of enactment of Pub. L. 104–132, which enacted this section, to reflect the prob- able intent of Congress. Statutory Notes and Related Subsidiaries ‘‘ASSISTANCE’’ DEFINED Assistance defined for purposes of title III of Pub. L. 104–132, see section 329 of Pub. L. 104–132, set out as a note under section 2349aa–10 of this title.