All Agencies, Latest Month All Agencies, Previous FY Geographic Distribution
of Convictions for
All Agencies, FY 2014
3 Prosecutions
in October 2014
53 Prosecutions
in Fiscal Year 2014
8 Convictions
in October 2014
35 Convictions
in Fiscal Year 2014

CITE

    22 USC Sec. 2778                                            01/05/2009

EXPCITE

    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 39 - ARMS EXPORT CONTROL
    SUBCHAPTER III - MILITARY EXPORT CONTROLS

HEAD

    Sec. 2778. Control of arms exports and imports

STATUTE

    (a) Presidential control of exports and imports of defense articles
      and services, guidance of policy, etc.; designation of United
      States Munitions List; issuance of export licenses; negotiations
      information
      (1) In furtherance of world peace and the security and foreign
    policy of the United States, the President is authorized to control
    the import and the export of defense articles and defense services
    and to provide foreign policy guidance to persons of the United
    States involved in the export and import of such articles and
    services. The President is authorized to designate those items
    which shall be considered as defense articles and defense services
    for the purposes of this section and to promulgate regulations for
    the import and export of such articles and services. The items so
    designated shall constitute the United States Munitions List.
      (2) Decisions on issuing export licenses under this section shall
    take into account whether the export of an article would contribute
    to an arms race, aid in the development of weapons of mass
    destruction, support international terrorism, increase the
    possibility of outbreak or escalation of conflict, or prejudice the
    development of bilateral or multilateral arms control or
    nonproliferation agreements or other arrangements.
      (3) In exercising the authorities conferred by this section, the
    President may require that any defense article or defense service
    be sold under this chapter as a condition of its eligibility for
    export, and may require that persons engaged in the negotiation for
    the export of defense articles and services keep the President
    fully and currently informed of the progress and future prospects
    of such negotiations.
    (b) Registration and licensing requirements for manufacturers,
      exporters, or importers of designated defense articles and
      defense services
      (1)(A)(i) As prescribed in regulations issued under this section,
    every person (other than an officer or employee of the United
    States Government acting in an official capacity) who engages in
    the business of manufacturing, exporting, or importing any defense
    articles or defense services designated by the President under
    subsection (a)(1) of this section shall register with the United
    States Government agency charged with the administration of this
    section, and shall pay a registration fee which shall be prescribed
    by such regulations. Such regulations shall prohibit the return to
    the United States for sale in the United States (other than for the
    Armed Forces of the United States and its allies or for any State
    or local law enforcement agency) of any military firearms or
    ammunition of United States manufacture furnished to foreign
    governments by the United States under this chapter or any other
    foreign assistance or sales program of the United States, whether
    or not enhanced in value or improved in condition in a foreign
    country. This prohibition shall not extend to similar firearms that
    have been so substantially transformed as to become, in effect,
    articles of foreign manufacture.
      (ii)(I) As prescribed in regulations issued under this section,
    every person (other than an officer or employee of the United
    States Government acting in official capacity) who engages in the
    business of brokering activities with respect to the manufacture,
    export, import, or transfer of any defense article or defense
    service designated by the President under subsection (a)(1) of this
    section, or in the business of brokering activities with respect to
    the manufacture, export, import, or transfer of any foreign defense
    article or defense service (as defined in subclause (IV)), shall
    register with the United States Government agency charged with the
    administration of this section, and shall pay a registration fee
    which shall be prescribed by such regulations.
      (II) Such brokering activities shall include the financing,
    transportation, freight forwarding, or taking of any other action
    that facilitates the manufacture, export, or import of a defense
    article or defense service.
      (III) No person may engage in the business of brokering
    activities described in subclause (I) without a license, issued in
    accordance with this chapter, except that no license shall be
    required for such activities undertaken by or for an agency of the
    United States Government -
        (aa) for use by an agency of the United States Government; or
        (bb) for carrying out any foreign assistance or sales program
      authorized by law and subject to the control of the President by
      other means.
      (IV) For purposes of this clause, the term "foreign defense
    article or defense service" includes any non-United States defense
    article or defense service of a nature described on the United
    States Munitions List regardless of whether such article or service
    is of United States origin or whether such article or service
    contains United States origin components.
      (B) (!1) The prohibition under such regulations required by the
    second sentence of subparagraph (A) shall not extend to any
    military firearms (or ammunition, components, parts, accessories,
    and attachments for such firearms) of United States manufacture
    furnished to any foreign government by the United States under this
    chapter or any other foreign assistance or sales program of the
    United States if -
        (i) such firearms are among those firearms that the Secretary
      of the Treasury is, or was at any time, required to authorize the
      importation of by reason of the provisions of section 925(e) of
      title 18 (including the requirement for the listing of such
      firearms as curios or relics under section 921(a)(13) of that
      title); and
        (ii) such foreign government certifies to the United States
      Government that such firearms are owned by such foreign
      government.
      (B) (!1) A copy of each registration made under this paragraph
    shall be transmitted to the Secretary of the Treasury for review
    regarding law enforcement concerns. The Secretary shall report to
    the President regarding such concerns as necessary.
      (2) Except as otherwise specifically provided in regulations
    issued under subsection (a)(1) of this section, no defense articles
    or defense services designated by the President under subsection
    (a)(1) of this section may be exported or imported without a
    license for such export or import, issued in accordance with this
    chapter and regulations issued under this chapter, except that no
    license shall be required for exports or imports made by or for an
    agency of the United States Government (A) for official use by a
    department or agency of the United States Government, or (B) for
    carrying out any foreign assistance or sales program authorized by
    law and subject to the control of the President by other means.
      (3)(A) For each of the fiscal years 1988 and 1989, $250,000 of
    registration fees collected pursuant to paragraph (1) shall be
    credited to a Department of State account, to be available without
    fiscal year limitation. Fees credited to that account shall be
    available only for the payment of expenses incurred for -
        (i) contract personnel to assist in the evaluation of munitions
      control license applications, reduce processing time for license
      applications, and improve monitoring of compliance with the terms
      of licenses; and
        (ii) the automation of munitions control functions and the
      processing of munitions control license applications, including
      the development, procurement, and utilization of computer
      equipment and related software.
      (B) The authority of this paragraph may be exercised only to such
    extent or in such amounts as are provided in advance in
    appropriation Acts.
    (c) Criminal violations; punishment
      Any person who willfully violates any provision of this section
    or section 2779 of this title, or any rule or regulation issued
    under either section, or who willfully, in a registration or
    license application or required report, makes any untrue statement
    of a material fact or omits to state a material fact required to be
    stated therein or necessary to make the statements therein not
    misleading, shall upon conviction be fined for each violation not
    more than $1,000,000 or imprisoned not more than ten years, or
    both.
    (d) Repealed. Pub. L. 96-70, title III, Sec. 3303(a)(4), Sept. 27,
      1979, 93 Stat. 499
    (e) Enforcement powers of President
      In carrying out functions under this section with respect to the
    export of defense articles and defense services, the President is
    authorized to exercise the same powers concerning violations and
    enforcement which are conferred upon departments, agencies and
    officials by subsections (c), (d), (e), and (g) of section 11 of
    the Export Administration Act of 1979 [50 U.S.C. App. 2410(c), (d),
    (e), and (g)], and by subsections (a) and (c) of section 12 of such
    Act [50 U.S.C. App. 2411(a) and (c)], subject to the same terms and
    conditions as are applicable to such powers under such Act [50
    U.S.C. App. 2401 et seq.], except that section 11(c)(2)(B) of such
    Act shall not apply, and instead, as prescribed in regulations
    issued under this section, the Secretary of State may assess civil
    penalties for violations of this chapter and regulations prescribed
    thereunder and further may commence a civil action to recover such
    civil penalties, and except further that the names of the countries
    and the types and quantities of defense articles for which licenses
    are issued under this section shall not be withheld from public
    disclosure unless the President determines that the release of such
    information would be contrary to the national interest. Nothing in
    this subsection shall be construed as authorizing the withholding
    of information from the Congress. Notwithstanding section 11(c) of
    the Export Administration Act of 1979, the civil penalty for each
    violation involving controls imposed on the export of defense
    articles and defense services under this section may not exceed
    $500,000.
    (f) Periodic review of items on Munitions List; exemptions
      (1) The President shall periodically review the items on the
    United States Munitions List to determine what items, if any, no
    longer warrant export controls under this section. The results of
    such reviews shall be reported to the Speaker of the House of
    Representatives and to the Committee on Foreign Relations and the
    Committee on Banking, Housing, and Urban Affairs of the Senate. The
    President may not remove any item from the Munitions List until 30
    days after the date on which the President has provided notice of
    the proposed removal to the Committee on International Relations of
    the House of Representatives and to the Committee on Foreign
    Relations of the Senate in accordance with the procedures
    applicable to reprogramming notifications under section 2394-1(a)
    of this title. Such notice shall describe the nature of any
    controls to be imposed on that item under any other provision of
    law.
      (2) The President may not authorize an exemption for a foreign
    country from the licensing requirements of this chapter for the
    export of defense items under subsection (j) of this section or any
    other provision of this chapter until 30 days after the date on
    which the President has transmitted to the Committee on
    International Relations of the House of Representatives and the
    Committee on Foreign Relations of the Senate a notification that
    includes -
        (A) a description of the scope of the exemption, including a
      detailed summary of the defense articles, defense services, and
      related technical data covered by the exemption; and
        (B) a determination by the Attorney General that the bilateral
      agreement concluded under subsection (j) of this section requires
      the compilation and maintenance of sufficient documentation
      relating to the export of United States defense articles, defense
      services, and related technical data to facilitate law
      enforcement efforts to detect, prevent, and prosecute criminal
      violations of any provision of this chapter, including the
      efforts on the part of countries and factions engaged in
      international terrorism to illicitly acquire sophisticated United
      States defense items.
      (3) Paragraph (2) shall not apply with respect to an exemption
    for Canada from the licensing requirements of this chapter for the
    export of defense items.
    (g) Identification of persons convicted or subject to indictment
      for violations of certain provisions
      (1) The President shall develop appropriate mechanisms to
    identify, in connection with the export licensing process under
    this section -
        (A) persons who are the subject of an indictment for, or have
      been convicted of, a violation under -
          (i) this section,
          (ii) section 11 of the Export Administration Act of 1979 (50
        U.S.C. App. 2410),
          (iii) section 793, 794, or 798 of title 18 (relating to
        espionage involving defense or classified information) or
        section 2339A of such title (relating to providing material
        support to terrorists),
          (iv) section 16 of the Trading with the Enemy Act (50 U.S.C.
        App. 16),
          (v) section 206 of the International Emergency Economic
        Powers Act (relating to foreign assets controls; 50 U.S.C. App.
        1705) [50 U.S.C. 1705],
          (vi) section 30A of the Securities Exchange Act of 1934 (15
        U.S.C. 78dd-1) or section 104 of the Foreign Corrupt Practices
        Act (15 U.S.C. 78dd-2),
          (vii) chapter 105 of title 18 (relating to sabotage),
          (viii) section 4(b) of the Internal Security Act of 1950
        (relating to communication of classified information; 50 U.S.C.
        783(b)),
          (ix) section 57, 92, 101, 104, 222, 224, 225, or 226 of the
        Atomic Energy Act of 1954 (42 U.S.C. 2077, 2122, 2131, 2134,
        2272, 2274, 2275, and 2276),
          (x) section 601 of the National Security Act of 1947
        (relating to intelligence identities protection; 50 U.S.C.
        421),
          (xi) section 603(b) or (c) of the Comprehensive Anti-
        Apartheid Act of 1986 (22 U.S.C. 5113(b) and (c)); (!2) or
          (xii) section (!3) 3, 4, 5, and 6 of the Prevention of
        Terrorist Access to Destructive Weapons Act of 2004, relating
        to missile systems designed to destroy aircraft (18 U.S.C.
        2332g), prohibitions governing atomic weapons (42 U.S.C. 2122),
        radiological dispersal devices (18 U.S.C. 2332h), and variola
        virus (18 U.S.C. 175b (!4));
        (B) persons who are the subject of an indictment or have been
      convicted under section 371 of title 18 for conspiracy to violate
      any of the statutes cited in subparagraph (A); and
        (C) persons who are ineligible -
          (i) to contract with,
          (ii) to receive a license or other form of authorization to
        export from, or
          (iii) to receive a license or other form of authorization to
        import defense articles or defense services from,
      any agency of the United States Government.
      (2) The President shall require that each applicant for a license
    to export an item on the United States Munitions List identify in
    the application all consignees and freight forwarders involved in
    the proposed export.
      (3) If the President determines -
        (A) that an applicant for a license to export under this
      section is the subject of an indictment for a violation of any of
      the statutes cited in paragraph (1),
        (B) that there is reasonable cause to believe that an applicant
      for a license to export under this section has violated any of
      the statutes cited in paragraph (1), or
        (C) that an applicant for a license to export under this
      section is ineligible to contract with, or to receive a license
      or other form of authorization to import defense articles or
      defense services from, any agency of the United States
      Government,
    the President may disapprove the application. The President shall
    consider requests by the Secretary of the Treasury to disapprove
    any export license application based on these criteria.
      (4) A license to export an item on the United States Munitions
    List may not be issued to a person -
        (A) if that person, or any party to the export, has been
      convicted of violating a statute cited in paragraph (1), or
        (B) if that person, or any party to the export, is at the time
      of the license review ineligible to receive export licenses (or
      other forms of authorization to export) from any agency of the
      United States Government,
    except as may be determined on a case-by-case basis by the
    President, after consultation with the Secretary of the Treasury,
    after a thorough review of the circumstances surrounding the
    conviction or ineligibility to export and a finding by the
    President that appropriate steps have been taken to mitigate any
    law enforcement concerns.
      (5) A license to export an item on the United States Munitions
    List may not be issued to a foreign person (other than a foreign
    government).
      (6) The President may require a license (or other form of
    authorization) before any item on the United States Munitions List
    is sold or otherwise transferred to the control or possession of a
    foreign person or a person acting on behalf of a foreign person.
      (7) The President shall, in coordination with law enforcement and
    national security agencies, develop standards for identifying high-
    risk exports for regular end-use verification. These standards
    shall be published in the Federal Register and the initial
    standards shall be published not later than October 1, 1988.
      (8) Upon request of the Secretary of State, the Secretary of
    Defense and the Secretary of the Treasury shall detail to the
    office primarily responsible for export licensing functions under
    this section, on a nonreimbursable basis, personnel with
    appropriate expertise to assist in the initial screening of
    applications for export licenses under this section in order to
    determine the need for further review of those applications for
    foreign policy, national security, and law enforcement concerns.
      (9) For purposes of this subsection -
        (A) the term "foreign corporation" means a corporation that is
      not incorporated in the United States;
        (B) the term "foreign government" includes any agency or
      subdivision of a foreign government, including an official
      mission of a foreign government;
        (C) the term "foreign person" means any person who is not a
      citizen or national of the United States or lawfully admitted to
      the United States for permanent residence under the Immigration
      and Nationality Act [8 U.S.C. 1101 et seq.], and includes foreign
      corporations, international organizations, and foreign
      governments;
        (D) the term "party to the export" means -
          (i) the president, the chief executive officer, and other
        senior officers of the license applicant;
          (ii) the freight forwarders or designated exporting agent of
        the license application; and
          (iii) any consignee or end user of any item to be exported;
        and
        (E) the term "person" means a natural person as well as a
      corporation, business association, partnership, society, trust,
      or any other entity, organization, or group, including
      governmental entities.
    (h) Judicial review of designation of items as defense articles or
      services
      The designation by the President (or by an official to whom the
    President's functions under subsection (a) of this section have
    been duly delegated), in regulations issued under this section, of
    items as defense articles or defense services for purposes of this
    section shall not be subject to judicial review.
    (i) Report to Department of State
      As prescribed in regulations issued under this section, a United
    States person to whom a license has been granted to export an item
    on the United States Munitions List shall, not later than 15 days
    after the item is exported, submit to the Department of State a
    report containing all shipment information, including a description
    of the item and the quantity, value, port of exit, and end-user and
    country of destination of the item.
    (j) Requirements relating to country exemptions for licensing of
      defense items for export to foreign countries
      (1) Requirement for bilateral agreement
        (A) In general
          The President may utilize the regulatory or other authority
        pursuant to this chapter to exempt a foreign country from the
        licensing requirements of this chapter with respect to exports
        of defense items only if the United States Government has
        concluded a binding bilateral agreement with the foreign
        country. Such agreement shall -
            (i) meet the requirements set forth in paragraph (2); and
            (ii) be implemented by the United States and the foreign
          country in a manner that is legally-binding under their
          domestic laws.
        (B) Exception
          The requirement to conclude a bilateral agreement in
        accordance with subparagraph (A) shall not apply with respect
        to an exemption for Canada from the licensing requirements of
        this chapter for the export of defense items.
      (2) Requirements of bilateral agreement
        A bilateral agreement referred to (!5) paragraph (1) -
          (A) shall, at a minimum, require the foreign country, as
        necessary, to revise its policies and practices, and promulgate
        or enact necessary modifications to its laws and regulations to
        establish an export control regime that is at least comparable
        to United States law, regulation, and policy requiring -
            (i) conditions on the handling of all United States-origin
          defense items exported to the foreign country, including
          prior written United States Government approval for any
          reexports to third countries;
            (ii) end-use and retransfer control commitments, including
          securing binding end-use and retransfer control commitments
          from all end-users, including such documentation as is needed
          in order to ensure compliance and enforcement, with respect
          to such United States-origin defense items;
            (iii) establishment of a procedure comparable to a
          "watchlist" (if such a watchlist does not exist) and full
          cooperation with United States Government law enforcement
          agencies to allow for sharing of export and import
          documentation and background information on foreign
          businesses and individuals employed by or otherwise connected
          to those businesses; and
            (iv) establishment of a list of controlled defense items to
          ensure coverage of those items to be exported under the
          exemption; and
          (B) should, at a minimum, require the foreign country, as
        necessary, to revise its policies and practices, and promulgate
        or enact necessary modifications to its laws and regulations to
        establish an export control regime that is at least comparable
        to United States law, regulation, and policy regarding -
            (i) controls on the export of tangible or intangible
          technology, including via fax, phone, and electronic media;
            (ii) appropriate controls on unclassified information
          relating to defense items exported to foreign nationals;
            (iii) controls on international arms trafficking and
          brokering;
            (iv) cooperation with United States Government agencies,
          including intelligence agencies, to combat efforts by third
          countries to acquire defense items, the export of which to
          such countries would not be authorized pursuant to the export
          control regimes of the foreign country and the United States;
          and
            (v) violations of export control laws, and penalties for
          such violations.
      (3) Advance certification
        Not less than 30 days before authorizing an exemption for a
      foreign country from the licensing requirements of this chapter
      for the export of defense items, the President shall transmit to
      the Committee on International Relations of the House of
      Representatives and the Committee on Foreign Relations of the
      Senate a certification that -
          (A) the United States has entered into a bilateral agreement
        with that foreign country satisfying all requirements set forth
        in paragraph (2);
          (B) the foreign country has promulgated or enacted all
        necessary modifications to its laws and regulations to comply
        with its obligations under the bilateral agreement with the
        United States; and
          (C) the appropriate congressional committees will continue to
        receive notifications pursuant to the authorities, procedures,
        and practices of section 2776 of this title for defense exports
        to a foreign country to which that section would apply and
        without regard to any form of defense export licensing
        exemption otherwise available for that country.
      (4) Definitions
        In this section:
        (A) Defense items
          The term "defense items" means defense articles, defense
        services, and related technical data.
        (B) Appropriate congressional committees
          The term "appropriate congressional committees" means -
            (i) the Committee on International Relations and the
          Committee on Appropriations of the House of Representatives;
          and
            (ii) the Committee on Foreign Relations and the Committee
          on Appropriations of the Senate.

SOURCE

    (Pub. L. 90-629, ch. 3, Sec. 38, as added Pub. L. 94-329, title II,
    Sec. 212(a)(1), June 30, 1976, 90 Stat. 744; amended Pub. L. 95-92,
    Sec. 20, Aug. 4, 1977, 91 Stat. 623; Pub. L. 96-70, title III, Sec.
    3303(a)(4), Sept. 27, 1979, 93 Stat. 499; Pub. L. 96-72, Sec.
    22(a), Sept. 29, 1979, 93 Stat. 535; Pub. L. 96-92, Sec. 21, Oct.
    29, 1979, 93 Stat. 710; Pub. L. 96-533, title I, Sec. 107(a), (c),
    Dec. 16, 1980, 94 Stat. 3136; Pub. L. 97-113, title I, Secs. 106,
    107, Dec. 29, 1981, 95 Stat. 1522; Pub. L. 99-64, title I, Sec.
    123(a), July 12, 1985, 99 Stat. 156; Pub. L. 99-83, title I, Sec.
    119(a), (b), Aug. 8, 1985, 99 Stat. 203, 204; Pub. L. 100-202, Sec.
    101(b) [title VIII, Sec. 8142(a)], Dec. 22, 1987, 101 Stat. 1329-
    43, 1329-88; Pub. L. 100-204, title XII, Sec. 1255, Dec. 22, 1987,
    101 Stat. 1429; Pub. L. 101-222, Secs. 3(a), 6, Dec. 12, 1989, 103
    Stat. 1896, 1899; Pub. L. 103-236, title VII, Sec. 714(a)(1), Apr.
    30, 1994, 108 Stat. 497; Pub. L. 104-164, title I, Secs. 151(a),
    156, July 21, 1996, 110 Stat. 1437, 1440; Pub. L. 105-277, div. G,
    subdiv. A, title XII, Sec. 1225(a)(2), Oct. 21, 1998, 112 Stat.
    2681-773; Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title
    XIII, Secs. 1302(a), 1303, 1304], Nov. 29, 1999, 113 Stat. 1536,
    1501A-510, 1501A-511; Pub. L. 106-280, title I, Sec. 102(a), (b),
    Oct. 6, 2000, 114 Stat. 846, 848; Pub. L. 107-228, div. B, title
    XIV, Sec. 1406, Sept. 30, 2002, 116 Stat. 1458; Pub. L. 108-458,
    title VI, Sec. 6910, Dec. 17, 2004, 118 Stat. 3774.)

REFERENCES IN TEXT

      The Export Administration Act of 1979, referred to in subsec.
    (e), is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, as amended,
    which is classified principally to section 2401 et seq. of Title
    50, Appendix, War and National Defense. For complete classification
    of this Act to the Code, see Short Title note set out under section
    2401 of Title 50, Appendix, and Tables.
      Section 104 of the Foreign Corrupt Practices Act (15 U.S.C. 78dd-
    2), referred to in subsec. (g)(1)(A)(vi), probably means section
    104 of the Foreign Corrupt Practices Act of 1977, which is
    classified to section 78dd-2 of Title 15, Commerce and Trade.
      Sections 3, 4, 5, and 6 of the Prevention of Terrorist Access to
    Destructive Weapons Act of 2004, referred to in subsec.
    (g)(1)(A)(xii), probably means sections 6903, 6904, 6905, and 6906,
    respectively, of Pub. L. 108-458, which enacted section 2332g of
    Title 18, Crimes and Criminal Procedure, amended sections 2122 and
    2272 of Title 42, The Public Health and Welfare, and enacted
    sections 2332h and 175c of Title 18.
      The Immigration and Nationality Act, referred to in subsec.
    (g)(9)(C), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended,
    which is classified principally to chapter 12 (Sec. 1101 et seq.)
    of Title 8, Aliens and Nationality. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1101 of Title 8 and Tables.

MISCELLANEOUS

     REFERENCE TO SECTION 1934 OF THIS TITLE DEEMED REFERENCE TO THIS
                                  SECTION
      Section 212(b)(1) of Pub. L. 94-329 provided in part that: "Any
    reference to such section [section 1934 of this title] shall be
    deemed to be a reference to section 38 of the Arms Export Control
    Act [this section] and any reference to licenses issued under
    section 38 of the Arms Export Control Act [this section] shall be
    deemed to include a reference to licenses issued under section 414
    of the Mutual Security Act of 1954."
                                AMENDMENTS
      2004 - Subsec. (g)(1)(A)(xii). Pub. L. 108-458 added cl. (xii).
      2002 - Subsec. (f)(1). Pub. L. 107-228 substituted "The President
    may not remove any item from the Munitions List until 30 days after
    the date on which the President has provided notice of the proposed
    removal to the Committee on International Relations of the House of
    Representatives and to the Committee on Foreign Relations of the
    Senate in accordance with the procedures applicable to
    reprogramming notifications under section 2394-1(a) of this title.
    Such notice shall describe the nature of any controls to be imposed
    on that item under any other provision of law." for "Such a report
    shall be submitted at least 30 days before any item is removed from
    the Munitions List and shall describe the nature of any controls to
    be imposed on that item under the Export Administration Act of
    1979."
      2000 - Subsec. (f). Pub. L. 106-280, Sec. 102(b), designated
    existing provisions as par. (1) and added pars. (2) and (3).
      Subsec. (j). Pub. L. 106-280, Sec. 102(a), added subsec. (j).
      1999 - Subsec. (e). Pub. L. 106-113, Sec. 1000(a)(7) [title XIII,
    Sec. 1303], in first sentence, inserted "section 11(c)(2)(B) of
    such Act shall not apply, and instead, as prescribed in regulations
    issued under this section, the Secretary of State may assess civil
    penalties for violations of this chapter and regulations prescribed
    thereunder and further may commence a civil action to recover such
    civil penalties, and except further that" after "except that".
      Subsec. (g)(1)(A)(iii). Pub. L. 106-113, Sec. 1000(a)(7) [title
    XIII, Sec. 1304], inserted "or section 2339A of such title
    (relating to providing material support to terrorists)" before
    comma at end.
      Subsec. (i). Pub. L. 106-113, Sec. 1000(a)(7) [title XIII, Sec.
    1302(a)], added subsec. (i).
      1998 - Subsec. (a)(2). Pub. L. 105-277 substituted "take into
    account" for "be made in coordination with the Director of the
    United States Arms Control and Disarmament Agency, taking into
    account the Director's assessment as to" and struck out at end "The
    Director of the Arms Control and Disarmament Agency is authorized,
    whenever the Director determines that the issuance of an export
    license under this section would be detrimental to the national
    security of the United States, to recommend to the President that
    such export license be disapproved."
      1996 - Subsec. (b)(1)(A). Pub. L. 104-164, Sec. 151(a),
    designated existing provisions of subpar. (A) as cl. (i) and added
    cl. (ii).
      Subsec. (e). Pub. L. 104-164, Sec. 156, inserted before period at
    end of first sentence ", except that the names of the countries and
    the types and quantities of defense articles for which licenses are
    issued under this section shall not be withheld from public
    disclosure unless the President determines that the release of such
    information would be contrary to the national interest".
      1994 - Subsec. (a)(2). Pub. L. 103-236 amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "Decisions
    on issuing export licenses under this section shall be made in
    coordination with the Director of the United States Arms Control
    and Disarmament Agency and shall take into account the Director's
    opinion as to whether the export of an article will contribute to
    an arms race, support international terrorism, increase the
    possibility of outbreak or escalation of conflict, or prejudice the
    development of bilateral or multilateral arms control
    arrangements."
      1989 - Subsec. (a)(2). Pub. L. 101-222, Sec. 3(a), inserted
    "support international terrorism," after "arms race,".
      Subsec. (h). Pub. L. 101-222, Sec. 6, added subsec. (h).
      1987 - Subsec. (b)(1). Pub. L. 100-204, Sec. 1255(b), designated
    existing provisions as subpar. (A) and added subpar. (B) relating
    to review by Secretary of the Treasury of munitions control
    registrations.
      Pub. L. 100-202 designated existing provisions as subpar. (A) and
    added subpar. (B) relating to allowance of return to United States
    of certain military firearms, etc., under certain circumstances.
      Subsec. (b)(3). Pub. L. 100-204, Sec. 1255(c), added par. (3).
      Subsec. (g). Pub. L. 100-204, Sec. 1255(a), added subsec. (g).
      1985 - Subsec. (c). Pub. L. 99-83, Sec. 119(a), inserted "for
    each violation" before "not more" and substituted "$1,000,000" for
    "$100,000" and "ten" for "two".
      Subsec. (e). Pub. L. 99-83, Sec. 119(b), inserted provisions
    relating to civil penalty for each violation.
      Pub. L. 99-64 substituted "(g)" for "(f)".
      1981 - Subsec. (b)(3). Pub. L. 97-113, Sec. 106, struck out par.
    (3) which placed a $100,000,000 ceiling on commercial arms exports
    of major defense equipment to all countries other than NATO
    countries, Japan, Australia, and New Zealand.
      Subsec. (f). Pub. L. 97-113, Sec. 107, added subsec. (f).
      1980 - Subsec. (a)(3). Pub. L. 96-533, Sec. 107(c), added par.
    (3).
      Subsec. (b)(3). Pub. L. 96-533, Sec. 107(a), increased the
    limitation in the sale of major defense equipment exports to
    $100,000,000 from $35,000,000.
      1979 - Subsec. (b)(3). Pub. L. 96-92 increased the limitation in
    the sale of major defense equipment exports to $35,000,000 from
    $25,000,000.
      Subsec. (d). Pub. L. 96-70 struck out subsec. (d) which provided
    that this section applies to and within the Canal Zone.
      Subsec. (e). Pub. L. 96-72 substituted "subsections (c), (d),
    (e), and (f) of section 11 of the Export Administration Act of
    1979, and by subsections (a) and (c) of section 12 of such Act" for
    "sections 6(c), (d), (e), and (f) and 7(a) and (c) of the Export
    Administration Act of 1969".
      1977 - Subsec. (b)(3). Pub. L. 95-92 inserted provisions relating
    to exceptions to prohibitions against issuance of licenses under
    this section and procedures applicable for implementation of such
    exceptions.

CHANGE OF NAME

      Committee on International Relations of House of Representatives
    changed to Committee on Foreign Affairs of House of Representatives
    by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5,
    2007.

MISCELLANEOUS

                     EFFECTIVE DATE OF 1998 AMENDMENT
      Amendment by Pub. L. 105-277 effective Apr. 1, 1999, see section
    1201 of Pub. L. 105-277, set out as an Effective Date note under
    section 6511 of this title.
                     EFFECTIVE DATE OF 1996 AMENDMENT
      Section 151(b) of Pub. L. 104-164 provided that: "Section
    38(b)(1)(A)(ii) of the Arms Export Control Act, as added by
    subsection (a) [22 U.S.C. 2778(b)(1)(A)(ii)], shall apply with
    respect to brokering activities engaged in beginning on or after
    120 days after the enactment of this Act [July 21, 1996]."
                     EFFECTIVE DATE OF 1987 AMENDMENT
      Section 101(b) [title VIII, Sec. 8142(b)] of Pub. L. 100-202
    provided that:
      "(1) Except as provided in paragraphs (2) and (3), subparagraph
    (B) of section 38(b)(1) of the Arms Export Control Act [subsec.
    (b)(1)(B) of this section], as added by subsection (a), shall take
    effect at the end of the ninety-day period beginning on the date of
    the enactment of this Act [Dec. 22, 1987].
      "(2)(A) Such subparagraph shall take effect on the date of the
    enactment of this Act [Dec. 22, 1987] with respect to any military
    firearms or ammunition (or components, parts, accessories and
    attachments for such firearms) with respect to which an import
    permit was issued by the Secretary of the Treasury on or after July
    1, 1986, irrespective of whether such import permit was
    subsequently suspended, revoked, or withdrawn by the Secretary of
    the Treasury based on the application of section 38(b)(1) of the
    Arms Export Control Act [subsec. (b)(1) of this section] as in
    effect on the day before the date of the enactment of this Act.
      "(B) In the case of an import permit described in subparagraph
    (A) which was suspended, revoked, or withdrawn by the Secretary of
    the Treasury during the period beginning on July 1, 1986, and
    ending on the date of the enactment of this Act [Dec. 22, 1987]
    under the conditions described in such subparagraph, such import
    permit shall be reinstated and reissued immediately upon the
    enactment of this Act, and in any event not later than ten days
    after the date of the enactment of this Act.
      "(3) During the period preceding the revision of regulations
    issued under section 38(b)(1) of the Arms Export Control Act
    [subsec. (b)(1) of this section] to reflect the provisions of
    subparagraph (B) of such section, as added by subsection (a), such
    regulations may not be applied with respect to matters covered by
    paragraph (2) of this subsection so as to prohibit or otherwise
    restrict the importation of firearms described in that paragraph or
    in any other manner inconsistent with that paragraph,
    notwithstanding that such regulations have not yet been so revised:
    Provided, That this section shall not take effect if during the
    twenty day period beginning on the date of enactment of this
    section [Dec. 22, 1987] the Secretary of State, the Secretary of
    Defense, or the Secretary of the Treasury notifies Congress that he
    has an objection to the intent of this section: Provided further,
    That the Attorney General shall, within the period of time stated
    in the first proviso, submit a certification to Congress indicating
    whether the enactment of this section will interfere with any
    ongoing criminal investigation with respect to this section. If a
    certification of criminal investigative interference or an
    objection to the intent of this section is made, as herein
    provided, no permit shall be issued to anyone."
                     EFFECTIVE DATE OF 1985 AMENDMENT
      Section 119(c) of Pub. L. 99-83 provided that: "This section
    [amending this section] shall take effect upon the date of
    enactment of this Act [Aug. 8, 1985] or October 1, 1985, whichever
    is later. The amendments made by this section apply with respect to
    violations occurring after the effective date of this section."
                     EFFECTIVE DATE OF 1979 AMENDMENTS
      Amendment by Pub. L. 96-72 effective upon the expiration of the
    Export Administration Act of 1969, which terminated on Sept. 30,
    1979, or upon any prior date which the Congress by concurrent
    resolution or the President by proclamation designated, see section
    2418 and Prior Provisions note set out under section 2413 of Title
    50, Appendix, War and National Defense.
      Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section
    3304 of Pub. L. 96-70, set out as an Effective Date note under
    section 3601 of this title.

DELEGATION OF FUNCTIONS

      Functions of President under this section, with certain
    exceptions, delegated to Secretary of State, with concurrence of
    Secretary of Defense required for designations of items or
    categories of items which are considered as defense articles or
    services subject to export control under this section, by section
    1(l)(1) of Ex. Ord. No. 11958, Jan. 18, 1977, 42 F.R. 4311, as
    amended, set out as a note under section 2751 of this title.
      Functions of President under this section relating to the control
    of import of defense articles and services transferred to Attorney
    General, with certain requirements for considering the views of
    Secretary of State and for receiving concurrence of Secretary of
    State and Secretary of Defense for designations of items or
    categories of items which are considered as defense articles and
    services subject to import control under this section, by section
    1(l)(2) of Ex. Ord. No. 11958.
      Functions of President which involve subsec. (e) of this section
    and are agreed to by Secretary of State and Secretary of Commerce
    delegated to Secretary of Commerce to be carried out on behalf of
    Secretary of State by section 1(l)(3) of Ex. Ord. No. 11958.

INFORMATION MANAGEMENT PRIORITIES

      Pub. L. 107-228, div. B, title XIV, Sec. 1403, Sept. 30, 2002,
    116 Stat. 1453, provided that:
      "(a) Objective. - The Secretary shall establish a secure,
    Internet-based system for the filing and review of applications for
    export of Munitions List items.
      "(b) Establishment of an Electronic System. - Of the amount made
    available pursuant to section 1402 of this Act [116 Stat. 1453],
    $3,000,000 is authorized to be available to fully automate the
    Defense Trade Application System, and to ensure that the system -
        "(1) is a secure, electronic system for the filing and review
      of Munitions List license applications;
        "(2) is accessible by United States companies through the
      Internet for the purpose of filing and tracking their Munitions
      List license applications; and
        "(3) is capable of exchanging data with -
          "(A) the Export Control Automated Support System of the
        Department of Commerce;
          "(B) the Foreign Disclosure and Technology Information System
        and the USXPORTS systems of the Department of Defense;
          "(C) the Export Control System of the Central Intelligence
        Agency; and
          "(D) the Proliferation Information Network System of the
        Department of Energy.
      "(c) Munitions List Defined. - In this section, the term
    'Munitions List' means the United States Munitions List of defense
    articles and defense services controlled under section 38 of the
    Arms Export Control Act (22 U.S.C. 2778)."
      [For definition of "Secretary" as used in section 1403 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.]
            EFFECTIVE REGULATION OF SATELLITE EXPORT ACTIVITIES
      Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XIII,
    Sec. 1309], Nov. 29, 1999, 113 Stat. 1536, 1501A-513, provided
    that:
      "(a) Licensing regime. -
        "(1) Establishment. - The Secretary of State shall establish a
      regulatory regime for the licensing for export of commercial
      satellites, satellite technologies, their components, and systems
      which shall include expedited approval, as appropriate, of the
      licensing for export by United States companies of commercial
      satellites, satellite technologies, their components, and
      systems, to NATO allies and major non-NATO allies (as used within
      the meaning of section 644(q) of the Foreign Assistance Act of
      1961 [22 U.S.C. 2403(q)]).
        "(2) Requirements. - For proposed exports to those nations
      which meet the requirements of paragraph (1), the regime should
      include expedited processing of requests for export
      authorizations that -
          "(A) are time-critical, including a transfer or exchange of
        information relating to a satellite failure or anomaly in-
        flight or on-orbit;
          "(B) are required to submit bids to procurements offered by
        foreign persons;
          "(C) relate to the re-export of unimproved materials,
        products, or data; or
          "(D) are required to obtain launch and on-orbit insurance.
        "(3) Additional requirements. - In establishing the regulatory
      regime under paragraph (1), the Secretary of State shall ensure
      that -
          "(A) United States national security considerations and
        United States obligations under the Missile Technology Control
        Regime are given priority in the evaluation of any license; and
          "(B) such time is afforded as is necessary for the Department
        of Defense, the Department of State, and the United States
        intelligence community to conduct a review of any license.
      "(b) Financial and Personnel Resources. - Of the funds authorized
    to be appropriated in section 101(1)(A) [113 Stat. 1501A-410],
    $9,000,000 is authorized to be appropriated for the Office of
    Defense Trade Controls of the Department of State for each of the
    fiscal years 2000 and 2001, to enable that office to carry out its
    responsibilities.
      "(c) Improvement and Assessment. - The Secretary of State should,
    not later than 6 months after the date of the enactment of this Act
    [Nov. 29, 1999], submit to the Congress a plan for -
        "(1) continuously gathering industry and public suggestions for
      potential improvements in the Department of State's export
      control regime for commercial satellites; and
        "(2) arranging for the conduct and submission to Congress, not
      later than 15 months after the date of the enactment of this Act,
      of an independent review of the export control regime for
      commercial satellites as to its effectiveness at promoting
      national security and economic competitiveness."
                     PROLIFERATION AND EXPORT CONTROLS
      Pub. L. 106-65, div. A, title XIV, Secs. 1402-1405, 1408-1412,
    Oct. 5, 1999, 113 Stat. 798-804, as amended by Pub. L. 106-398,
    Sec. 1 [[div. A], title XII, Sec. 1204], Oct. 30, 2000, 114 Stat.
    1654, 1654A-325; Pub. L. 107-107, div. A, title X, Sec. 1048(g)(8),
    Dec. 28, 2001, 115 Stat. 1228, provided that:
      "SEC. 1402. ANNUAL REPORT ON TRANSFERS OF MILITARILY SENSITIVE
        TECHNOLOGY TO COUNTRIES AND ENTITIES OF CONCERN
      "(a) Annual Report. - Not later than March 30 of each year
    beginning in the year 2000 and ending in the year 2007, the
    President shall transmit to Congress a report on transfers to
    countries and entities of concern during the preceding calendar
    year of the most significant categories of United States
    technologies and technical information with potential military
    applications.
      "(b) Contents of Report. - The report required by subsection (a)
    shall include, at a minimum, the following:
        "(1) An assessment by the Director of Central Intelligence of
      efforts by countries and entities of concern to acquire
      technologies and technical information referred to in subsection
      (a) during the preceding calendar year.
        "(2) An assessment by the Secretary of Defense, in consultation
      with the Joint Chiefs of Staff and the Director of Central
      Intelligence, of the cumulative impact of licenses granted by the
      United States for exports of technologies and technical
      information referred to in subsection (a) to countries and
      entities of concern during the preceding 5-calendar year period
      on -
          "(A) the military capabilities of such countries and
        entities; and
          "(B) countermeasures that may be necessary to overcome the
        use of such technologies and technical information.
        "(3) An audit by the Inspectors General of the Departments of
      Defense, State, Commerce, and Energy, in consultation with the
      Director of Central Intelligence and the Director of the Federal
      Bureau of Investigation, of the policies and procedures of the
      United States Government with respect to the export of
      technologies and technical information referred to in subsection
      (a) to countries and entities of concern.
        "(4) The status of the implementation or other disposition of
      recommendations included in reports of audits by Inspectors
      General that have been set forth in a previous annual report
      under this section pursuant to paragraph (3).
      "(c) Additional Requirement for First Report. - The first annual
    report required by subsection (a) shall include an assessment by
    the Inspectors General of the Departments of State, Defense,
    Commerce, and the Treasury and the Inspector General of the Central
    Intelligence Agency of the adequacy of current export controls and
    counterintelligence measures to protect against the acquisition by
    countries and entities of concern of United States technology and
    technical information referred to in subsection (a).
      "(d) Support of Other Agencies. - Upon the request of the
    officials responsible for preparing the assessments required by
    subsection (b), the heads of other departments and agencies shall
    make available to those officials all information necessary to
    carry out the requirements of this section.
      "(e) Classified and Unclassified Reports. - Each report required
    by this section shall be submitted in classified form and
    unclassified form.
      "(f) Definition. - As used in this section, the term 'countries
    and entities of concern' means -
        "(1) any country the government of which the Secretary of State
      has determined, for purposes of section 6(j) of the Export
      Administration Act of 1979 [50 U.S.C. App. 2405(j)] or other
      applicable law, to have repeatedly provided support for acts of
      international terrorism;
        "(2) any country that -
          "(A) has detonated a nuclear explosive device (as defined in
        section 830(4) of the Nuclear Proliferation Prevention Act of
        1994 (22 U.S.C. 6305(4))); and
          "(B) is not a member of the North Atlantic Treaty
        Organization; and
        "(3) any entity that -
          "(A) is engaged in international terrorism or activities in
        preparation thereof; or
          "(B) is directed or controlled by the government of a country
        described in paragraph (1) or (2).
      "SEC. 1403. RESOURCES FOR EXPORT LICENSE FUNCTIONS
      "(a) Office of Defense Trade Controls. -
        "(1) In general. - The Secretary of State shall take the
      necessary steps to ensure that, in any fiscal year, adequate
      resources are allocated to the functions of the Office of Defense
      Trade Controls of the Department of State relating to the review
      and processing of export license applications so as to ensure
      that those functions are performed in a thorough and timely
      manner.
        "(2) Availability of existing appropriations. - The Secretary
      of State shall take the necessary steps to ensure that those
      funds made available under the heading 'Administration of Foreign
      Affairs, Diplomatic and Consular Programs' in title IV of the
      Departments of Commerce, Justice, and State, the Judiciary, and
      Related Agencies Appropriations Act, 1999, as contained in the
      Omnibus Consolidated and Emergency Supplemental Appropriations
      Act, 1999 (Public Law 105-277) [112 Stat. 2681-92] are made
      available, upon the enactment of this Act, to the Office of
      Defense Trade Controls of the Department of State to carry out
      the purposes of the Office.
      "(b) Defense Threat Reduction Agency. - The Secretary of Defense
    shall take the necessary steps to ensure that, in any fiscal year,
    adequate resources are allocated to the functions of the Defense
    Threat Reduction Agency of the Department of Defense relating to
    the review of export license applications so as to ensure that
    those functions are performed in a thorough and timely manner.
      "(c) Updating of State Department Report. - Not later than March
    1, 2000, the Secretary of State, in consultation with the Secretary
    of Defense and the Secretary of Commerce, shall transmit to
    Congress a report updating the information reported to Congress
    under section 1513(d)(3) of the Strom Thurmond National Defense
    Authorization Act for Fiscal Year 1999 [Pub. L. 105-261] (22 U.S.C.
    2778 note).
      "SEC. 1404. SECURITY IN CONNECTION WITH SATELLITE EXPORT
        LICENSING
      "As a condition of the export license for any satellite to be
    launched in a country subject to section 1514 of the Strom Thurmond
    National Defense Authorization Act for Fiscal Year 1999 [Pub. L.
    105-261] (22 U.S.C. 2778 note), the Secretary of State shall
    require the following:
        "(1) That the technology transfer control plan required by
      section 1514(a)(1) of the Strom Thurmond National Defense
      Authorization Act for Fiscal Year 1999 (22 U.S.C. 2778 note) be
      prepared by the Department of Defense and the licensee, and that
      the plan set forth enhanced security arrangements for the launch
      of the satellite, both before and during launch operations.
        "(2) That each person providing security for the launch of that
      satellite -
          "(A) report directly to the launch monitor with regard to
        issues relevant to the technology transfer control plan;
          "(B) have received appropriate training in the International
        Trafficking in Arms Regulations (hereafter in this title
        [enacting this note and amending provisions set out as a note
        under section 2404 of Title 50, Appendix, War and National
        Defense] referred to as 'ITAR').
          "(C) have significant experience and expertise with satellite
        launches; and
          "(D) have been investigated in a manner at least as
        comprehensive as the investigation required for the issuance of
        a security clearance at the level designated as 'Secret'.
        "(3) That the number of such persons providing security for the
      launch of the satellite shall be sufficient to maintain 24-hour
      security of the satellite and related launch vehicle and other
      sensitive technology.
        "(4) That the licensee agree to reimburse the Department of
      Defense for all costs associated with the provision of security
      for the launch of the satellite.
      "SEC. 1405. REPORTING OF TECHNOLOGY TRANSMITTED TO PEOPLE'S
        REPUBLIC OF CHINA AND OF FOREIGN LAUNCH SECURITY VIOLATIONS
      "(a) Monitoring of Information. - The Secretary of Defense shall
    require that space launch monitors of the Department of Defense
    assigned to monitor launches in the People's Republic of China
    maintain records of all information authorized to be transmitted to
    the People's Republic of China with regard to each space launch
    that the monitors are responsible for monitoring, including copies
    of any documents authorized for such transmission, and reports on
    launch-related activities.
      "(b) Transmission to Other Agencies. - The Secretary of Defense
    shall ensure that records under subsection (a) are transmitted on a
    current basis to appropriate elements of the Department of Defense
    and to the Department of State, the Department of Commerce, and the
    Central Intelligence Agency.
      "(c) Retention of Records. - Records described in subsection (a)
    shall be retained for at least the period of the statute of
    limitations for violations of the Arms Export Control Act [22
    U.S.C. 2751 et seq.].
      "(d) Guidelines. - The Secretary of Defense shall prescribe
    guidelines providing space launch monitors of the Department of
    Defense with the responsibility and the ability to report serious
    security violations, problems, or other issues at an overseas
    launch site directly to the headquarters office of the responsible
    Department of Defense component.
      "SEC. 1408. ENHANCED MULTILATERAL EXPORT CONTROLS
      "(a) New International Controls. - The President shall seek to
    establish new enhanced international controls on technology
    transfers that threaten international peace and United States
    national security.
      "(b) Improved Sharing of Information. - The President shall take
    appropriate actions to improve the sharing of information by
    nations that are major exporters of technology so that the United
    States can track movements of technology covered by the Wassenaar
    Arrangement and enforce technology controls and re-export
    requirements for such technology.
      "(c) Definition. - As used in this section, the term 'Wassenaar
    Arrangement' means the multilateral export control regime covering
    conventional armaments and sensitive dual-use goods and
    technologies that was agreed to by 33 co-founding countries in July
    1996 and began operation in September 1996.
      "SEC. 1409. ENHANCEMENT OF ACTIVITIES OF DEFENSE THREAT REDUCTION
        AGENCY
      "(a) In General. - Not later than 180 days after the date of the
    enactment of this Act [Oct. 5, 1999], the Secretary of Defense
    shall prescribe regulations to -
        "(1) authorize the personnel of the Defense Threat Reduction
      Agency (DTRA) who monitor satellite launch campaigns overseas to
      suspend such campaigns at any time if the suspension is required
      for purposes of the national security of the United States;
        "(2) ensure that persons assigned as space launch campaign
      monitors are provided sufficient training and have adequate
      experience in the regulations prescribed by the Secretary of
      State known as the ITAR and have significant experience and
      expertise with satellite technology, launch vehicle technology,
      and launch operations technology;
        "(3) ensure that adequate numbers of such monitors are assigned
      to space launch campaigns so that 24-hour, 7-day per week
      coverage is provided;
        "(4) take steps to ensure, to the maximum extent possible, the
      continuity of service by monitors for the entire space launch
      campaign period (from satellite marketing to launch and, if
      necessary, completion of a launch failure analysis);
        "(5) adopt measures designed to make service as a space launch
      campaign monitor an attractive career opportunity;
        "(6) allocate funds and other resources to the Agency at levels
      sufficient to prevent any shortfalls in the number of such
      personnel;
        "(7) establish mechanisms in accordance with the provisions of
      section 1514(a)(2)(A) of the Strom Thurmond National Defense
      Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
      Stat. 2175; 22 U.S.C. 2778 note) that provide for -
          "(A) the payment to the Department of Defense by the person
        or entity receiving the launch monitoring services concerned,
        before the beginning of a fiscal year, of an amount equal to
        the amount estimated to be required by the Department to
        monitor the launch campaigns during that fiscal year;
          "(B) the reimbursement of the Department of Defense, at the
        end of each fiscal year, for amounts expended by the Department
        in monitoring the launch campaigns in excess of the amount
        provided under subparagraph (A); and
          "(C) the reimbursement of the person or entity receiving the
        launch monitoring services if the amount provided under
        subparagraph (A) exceeds the amount actually expended by the
        Department of Defense in monitoring the launch campaigns;
        "(8) review and improve guidelines on the scope of permissible
      discussions with foreign persons regarding technology and
      technical information, including the technology and technical
      information that should not be included in such discussions;
        "(9) provide, in conjunction with other Federal agencies, on at
      least an annual basis, briefings to the officers and employees of
      United States commercial satellite entities on United States
      export license standards, guidelines, and restrictions, and
      encourage such officers and employees to participate in such
      briefings;
        "(10) establish a system for -
          "(A) the preparation and filing by personnel of the Agency
        who monitor satellite launch campaigns overseas of detailed
        reports of all relevant activities observed by such personnel
        in the course of monitoring such campaigns;
          "(B) the systematic archiving of reports filed under
        subparagraph (A); and
          "(C) the preservation of such reports in accordance with
        applicable laws; and
        "(11) establish a counterintelligence program within the Agency
      as part of its satellite launch monitoring program.
      "(b) Annual Report on Implementation of Satellite Technology
    Safeguards. - (1) The Secretary of Defense and the Secretary of
    State shall each submit to Congress each year, as part of the
    annual report for that year under section 1514(a)(8) of the Strom
    Thurmond National Defense Authorization Act for Fiscal Year 1999
    [Pub. L. 105-261, 22 U.S.C. 2778 note], the following:
        "(A) A summary of the satellite launch campaigns and related
      activities monitored by the Defense Threat Reduction Agency
      during the preceding fiscal year.
        "(B) A description of any license infractions or violations
      that may have occurred during such campaigns and activities.
        "(C) A description of the personnel, funds, and other resources
      dedicated to the satellite launch monitoring program of the
      Agency during that fiscal year.
        "(D) An assessment of the record of United States satellite
      makers in cooperating with Agency monitors, and in complying with
      United States export control laws, during that fiscal year.
      "(2) Each report under paragraph (1) shall be submitted in
    classified form and unclassified form.
      "SEC. 1410. TIMELY NOTIFICATION OF LICENSING DECISIONS BY THE
        DEPARTMENT OF STATE
      "Not later than 180 days after the date of the enactment of this
    Act [Oct. 5, 1999], the Secretary of State shall prescribe
    regulations to provide timely notice to the manufacturer of a
    commercial satellite of United States origin of the final
    determination of the decision on the application for a license
    involving the overseas launch of such satellite.
      "SEC. 1411. ENHANCED INTELLIGENCE CONSULTATION ON SATELLITE
        LICENSE APPLICATIONS
      "(a) Consultation During Review of Applications. - The Secretary
    of State and Secretary of Defense, as appropriate, shall consult
    with the Director of Central Intelligence during the review of any
    application for a license involving the overseas launch of a
    commercial satellite of United States origin. The purpose of the
    consultation is to assure that the launch of the satellite, if the
    license is approved, will meet the requirements necessary to
    protect the national security interests of the United States.
      "(b) Advisory Group. - (1) The Director of Central Intelligence
    shall establish within the intelligence community an advisory group
    to provide information and analysis to Congress, and to appropriate
    departments and agencies of the Federal Government, on the national
    security implications of granting licenses involving the overseas
    launch of commercial satellites of United States origin.
      "(2) The advisory group shall include technically-qualified
    representatives of the Central Intelligence Agency, the Defense
    Intelligence Agency, the National Security Agency, the National Air
    Intelligence Center, and the Department of State Bureau of
    Intelligence and Research and representatives of other elements of
    the intelligence community with appropriate expertise.
      "(3) In addition to the duties under paragraph (1), the advisory
    group shall -
        "(A) review, on a continuing basis, information relating to
      transfers of satellite, launch vehicle, or other technology or
      knowledge with respect to the course of the overseas launch of
      commercial satellites of United States origin; and
        "(B) analyze the potential impact of such transfers on the
      space and military systems, programs, or activities of foreign
      countries.
      "(4) The Director of the Nonproliferation Center of the Central
    Intelligence Agency shall serve as chairman of the advisory group.
      "(5)(A) The advisory group shall, upon request (but not less
    often than annually), submit reports on the matters referred to in
    paragraphs (1) and (3) to the appropriate committees of Congress
    and to appropriate departments and agencies of the Federal
    Government.
      "(B) The first annual report under subparagraph (A) shall be
    submitted not later than one year after the date of the enactment
    of this Act [Oct. 5, 1999].
      "(c) Intelligence Community Defined. - In this section, the term
    'intelligence community' has the meaning given that term in section
    3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
      "SEC. 1412. INVESTIGATIONS OF VIOLATIONS OF EXPORT CONTROLS BY
        UNITED STATES SATELLITE MANUFACTURERS
      "(a) Notice to Congress of Investigations. - The President shall
    promptly notify the appropriate committees of Congress whenever an
    investigation is undertaken by the Department of Justice of -
        "(1) an alleged violation of United States export control laws
      in connection with a commercial satellite of United States
      origin; or
        "(2) an alleged violation of United States export control laws
      in connection with an item controlled under section 38 of the
      Arms Export Control Act (22 U.S.C. 2778) that is likely to cause
      significant harm or damage to the national security interests of
      the United States.
      "(b) Notice to Congress of Certain Export Waivers. - The
    President shall promptly notify the appropriate committees of
    Congress whenever an export waiver pursuant to section 902 of the
    Foreign Relations Authorization Act, Fiscal Years 1990 and 1991
    [Pub. L. 101-246] (22 U.S.C. 2151 note) is granted on behalf of any
    United States person that is the subject of an investigation
    described in subsection (a). The notice shall include a
    justification for the waiver.
      "(c) Exception. - The requirements in subsections (a) and (b)
    shall not apply if the President determines that notification of
    the appropriate committees of Congress under such subsections would
    jeopardize an on-going criminal investigation. If the President
    makes such a determination, the President shall provide written
    notification of such determination to the Speaker of the House of
    Representatives, the majority leader of the Senate, the minority
    leader of the House of Representatives, and the minority leader of
    the Senate. The notification shall include a justification for the
    determination.
      "(d) Identification of Persons Subject to Investigation. - The
    Secretary of State and the Attorney General shall develop
    appropriate mechanisms to identify, for the purposes of processing
    export licenses for commercial satellites, persons who are the
    subject of an investigation described in subsection (a).
      "(e) Protection of Classified and Other Sensitive Information. -
    The appropriate committees of Congress shall ensure that
    appropriate procedures are in place to protect from unauthorized
    disclosure classified information, information relating to
    intelligence sources and methods, and sensitive law enforcement
    information that is furnished to those committees pursuant to this
    section.
      "(f) Statutory Construction. - Nothing in this section shall be
    construed to modify or supersede any other requirement to report
    information on intelligence activities to Congress, including the
    requirement under section 501 of the National Security Act of 1947
    (50 U.S.C. 413).
      "(g) Definitions. - As used in this section:
        "(1) The term 'appropriate committees of Congress' means the
      following:
          "(A) The Committee on Armed Services, the Committee on
        Foreign Relations, and the Select Committee on Intelligence of
        the Senate.
          "(B) The Committee on Armed Services, the Committee on
        International Relations [now Committee on Foreign Affairs], and
        the Permanent Select Committee on Intelligence of the House of
        Representatives.
        "(2) The term 'United States person' means any United States
      resident or national (other than an individual resident outside
      the United States and employed by other than a United States
      person), any domestic concern (including any permanent domestic
      establishment of any foreign concern), and any foreign subsidiary
      or affiliate (including any permanent foreign establishment) of
      any domestic concern which is controlled in fact by such domestic
      concern, as determined under regulations of the President."
      [Memorandum of President of the United States, Jan. 5, 2000, 65
    F.R. 2279, delegated to Secretary of Defense the duties and
    responsibilities of the President under section 1402 of Public Law
    106-65 and directed Department of Defense to prepare the report
    required by section 1402 with the assistance of Department of
    State, Department of Commerce, Department of Energy, Department of
    the Treasury, Director of Central Intelligence, and Federal Bureau
    of Investigation and to obtain concurrence on the report from
    Department of State, Department of Commerce, Director of Central
    Intelligence on behalf of Intelligence Community, Department of the
    Treasury, and Federal Bureau of Investigation prior to submission
    to Congress.]
      [Reference to the Director of Central Intelligence or the
    Director of the Central Intelligence Agency in the Director's
    capacity as the head of the intelligence community deemed to be a
    reference to the Director of National Intelligence. Reference to
    the Director of Central Intelligence or the Director of the Central
    Intelligence Agency in the Director's capacity as the head of the
    Central Intelligence Agency deemed to be a reference to the
    Director of the Central Intelligence Agency. See section 1081(a),
    (b) of Pub. L. 108-458, set out as a note under section 401 of
    Title 50, War and National Defense.]
                         SATELLITE EXPORT CONTROLS
      Pub. L. 105-261, div. A, title XV, subtitle B, Oct. 17, 1998, 112
    Stat. 2173, as amended by Pub. L. 105-277, div. C, title I, Sec.
    146(a), Oct. 21, 1998, 112 Stat. 2681-610, provided that:
      "SEC. 1511. SENSE OF CONGRESS.
      "It is the sense of Congress that -
        "(1) United States business interests must not be placed above
      United States national security interests;
        "(2) United States foreign policy and the policies of the
      United States regarding commercial relations with other countries
      should affirm the importance of observing and adhering to the
      Missile Technology Control Regime (MTCR);
        "(3) the United States should encourage universal observance of
      the Guidelines to the Missile Technology Control Regime;
        "(4) the exportation or transfer of advanced communication
      satellites and related technologies from United States sources to
      foreign recipients should not increase the risks to the national
      security of the United States;
        "(5) due to the military sensitivity of the technologies
      involved, it is in the national security interests of the United
      States that United States satellites and related items be subject
      to the same export controls that apply under United States law
      and practices to munitions;
        "(6) the United States should not issue any blanket waiver of
      the suspensions contained in section 902 of the Foreign Relations
      Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-
      246) [22 U.S.C. 2151 note], regarding the export of satellites
      of United States origin intended for launch from a launch vehicle
      owned by the People's Republic of China;
        "(7) the United States should pursue policies that protect and
      enhance the United States space launch industry; and
        "(8) the United States should not export to the People's
      Republic of China missile equipment or technology that would
      improve the missile or space launch capabilities of the People's
      Republic of China.
      "SEC. 1512. CERTIFICATION OF EXPORTS OF MISSILE EQUIPMENT OR
        TECHNOLOGY TO CHINA.
      "(a) Certification. - The President shall certify to the Congress
    at least 15 days in advance of any export to the People's Republic
    of China of missile equipment or technology (as defined in section
    74 of the Arms Export Control Act (22 U.S.C. 2797c)) that -
        "(1) such export is not detrimental to the United States space
      launch industry; and
        "(2) the missile equipment or technology, including any
      indirect technical benefit that could be derived from such
      export, will not measurably improve the missile or space launch
      capabilities of the People's Republic of China.
      "(b) Exception. - The certification requirement contained in
    subsection (a) shall not apply to the export of inertial reference
    units and components in manned civilian aircraft or supplied as
    spare or replacement parts for such aircraft.
      "SEC. 1513. SATELLITE CONTROLS UNDER THE UNITED STATES MUNITIONS
        LIST.
      "(a) Control of Satellites on the United States Munitions List. -
    Notwithstanding any other provision of law, all satellites and
    related items that are on the Commerce Control List of dual-use
    items in the Export Administration Regulations (15 CFR part 730 et
    seq.) on the date of the enactment of this Act [Oct. 17, 1998]
    shall be transferred to the United States Munitions List and
    controlled under section 38 of the Arms Export Control Act (22
    U.S.C. 2778).
      "(b) Defense Trade Controls Registration Fees. - [Amended section
    2717 of this title.]
      "(c) Effective Date. - (1) Subsection (a) shall take effect on
    March 15, 1999, and shall not apply to any export license issued
    before such effective date or to any export license application
    made under the Export Administration Regulations before such
    effective date.
      "(2) The amendments made by subsection (b) [amending section 2717
    of this title] shall be effective as of October 1, 1998.
      "(d) Report. - Not later than January 1, 1999, the Secretary of
    State, in consultation with the Secretary of Defense and the
    Secretary of Commerce, shall submit to Congress a report containing
    -
        "(1) a detailed description of the plans of the Department of
      State to implement the requirements of this section, including
      any organizational changes that are required and any Executive
      orders or regulations that may be required;
        "(2) an identification and explanation of any steps that should
      be taken to improve the license review process for exports of the
      satellites and related items described in subsection (a),
      including measures to shorten the timelines for license
      application reviews, and any measures relating to the
      transparency of the license review process and dispute resolution
      procedures;
        "(3) an evaluation of the adequacy of resources available to
      the Department of State, including fiscal and personnel
      resources, to carry out the additional activities required by
      this section; and
        "(4) any recommendations for additional actions, including
      possible legislation, to improve the export licensing process
      under the Arms Export Control Act [22 U.S.C. 2751 et seq.] for
      the satellites and related items described in subsection (a).
      "SEC. 1514. NATIONAL SECURITY CONTROLS ON SATELLITE EXPORT
        LICENSING.
      "(a) Actions by the President. - Notwithstanding any other
    provision of law, the President shall take such actions as are
    necessary to implement the following requirements for improving
    national security controls in the export licensing of satellites
    and related items:
        "(1) Mandatory technology control plans. - All export licenses
      shall require a technology transfer control plan approved by the
      Secretary of Defense and an encryption technology transfer
      control plan approved by the Director of the National Security
      Agency.
        "(2) Mandatory monitors and reimbursement. -
          "(A) Monitoring of proposed foreign launch of satellites. -
        In any case in which a license is approved for the export of a
        satellite or related items for launch in a foreign country, the
        Secretary of Defense shall monitor all aspects of the launch in
        order to ensure that no unauthorized transfer of technology
        occurs, including technical assistance and technical data. The
        costs of such monitoring services shall be fully reimbursed to
        the Department of Defense by the person or entity receiving
        such services. All reimbursements received under this
        subparagraph shall be credited to current appropriations
        available for the payment of the costs incurred in providing
        such services.
          "(B) Contents of monitoring. - The monitoring under
        subparagraph (A) shall cover, but not be limited to -
            "(i) technical discussions and activities, including the
          design, development, operation, maintenance, modification,
          and repair of satellites, satellite components, missiles,
          other equipment, launch facilities, and launch vehicles;
            "(ii) satellite processing and launch activities, including
          launch preparation, satellite transportation, integration of
          the satellite with the launch vehicle, testing and checkout
          prior to launch, satellite launch, and return of equipment to
          the United States;
            "(iii) activities relating to launch failure, delay, or
          cancellation, including post-launch failure investigations;
          and
            "(iv) all other aspects of the launch.
        "(3) Mandatory licenses for crash-investigations. - In the
      event of the failure of a launch from a foreign country of a
      satellite of United States origin -
          "(A) the activities of United States persons or entities in
        connection with any subsequent investigation of the failure are
        subject to the controls established under section 38 of the
        Arms Export Control Act [22 U.S.C. 2778], including
        requirements for licenses issued by the Secretary of State for
        participation in that investigation;
          "(B) officials of the Department of Defense shall monitor all
        activities associated with the investigation to insure against
        unauthorized transfer of technical data or services; and
          "(C) the Secretary of Defense shall establish and implement a
        technology transfer control plan for the conduct of the
        investigation to prevent the transfer of information that could
        be used by the foreign country to improve its missile or space
        launch capabilities.
        "(4) Mandatory notification and certification. - All technology
      transfer control plans for satellites or related items shall
      require any United States person or entity involved in the export
      of a satellite of United States origin or related items to notify
      the Department of Defense in advance of all meetings and
      interactions with any foreign person or entity providing launch
      services and require the United States person or entity to
      certify after the launch that it has complied with this
      notification requirement.
        "(5) Mandatory intelligence community review. - The Secretary
      of Commerce and the Secretary of State shall provide to the
      Secretary of Defense and the Director of Central Intelligence
      copies of all export license applications and technical
      assistance agreements submitted for approval in connection with
      launches in foreign countries of satellites to verify the
      legitimacy of the stated end-user or end-users.
        "(6) Mandatory sharing of approved licenses and agreements. -
      The Secretary of State shall provide copies of all approved
      export licenses and technical assistance agreements associated
      with launches in foreign countries of satellites to the
      Secretaries of Defense and Energy, the Director of Central
      Intelligence, and the Director of the Arms Control and
      Disarmament Agency.
        "(7) Mandatory notification to congress on licenses. - Upon
      issuing a license for the export of a satellite or related items
      for launch in a foreign country, the head of the department or
      agency issuing the license shall so notify Congress.
        "(8) Mandatory reporting on monitoring activities. - The
      Secretary of Defense shall provide to Congress an annual report
      on the monitoring of all launches in foreign countries of
      satellites of United States origin.
        "(9) Establishing safeguards program. - The Secretary of
      Defense shall establish a program for recruiting, training, and
      maintaining a staff dedicated to monitoring launches in foreign
      countries of satellites and related items of United States
      origin.
      "(b) Exception. - This section shall not apply to the export of a
    satellite or related items for launch in, or by nationals of, a
    country that is a member of the North Atlantic Treaty Organization
    or that is a major non-NATO ally of the United States.
      "(c) Effective Date. - The President shall take the actions
    required by subsection (a) not later than 45 days after the date of
    the enactment of this Act [Oct. 17, 1998].
      "SEC. 1515. REPORT ON EXPORT OF SATELLITES FOR LAUNCH BY PEOPLE'S
        REPUBLIC OF CHINA.
      "(a) Requirement for Report. - Each report to Congress submitted
    pursuant to subsection (b) of section 902 of the Foreign Relations
    Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 2151 note;
    Public Law 101-246) to waive the restrictions contained in
    subsection (a) of that section on the export to the People's
    Republic of China of any satellite of United States origin or
    related items shall be accompanied by a detailed justification
    setting forth the following:
        "(1) A detailed description of all militarily sensitive
      characteristics integrated within, or associated with, the
      satellite.
        "(2) An estimate of the number of United States civilian
      contract personnel expected to be needed in country to carry out
      the proposed satellite launch.
        "(3)(A) A detailed description of the United States
      Government's plan to monitor the proposed satellite launch to
      ensure that no unauthorized transfer of technology occurs,
      together with an estimate of the number of officers and employees
      of the United States that are expected to be needed in country to
      carry out monitoring of the proposed satellite launch; and
        "(B) the estimated cost to the Department of Defense of
      monitoring the proposed satellite launch and the amount of such
      cost that is to be reimbursed to the department.
        "(4) The reasons why the proposed satellite launch is in the
      national security interest of the United States.
        "(5) The impact of the proposed export on employment in the
      United States, including the number of new jobs created in the
      United States, on a State-by-State basis, as a direct result of
      the proposed export.
        "(6) The number of existing jobs in the United States that
      would be lost, on a State-by-State basis, as a direct result of
      the proposed export not being licensed.
        "(7) The impact of the proposed export on the balance of trade
      between the United States and the People's Republic of China and
      on reducing the current United States trade deficit with the
      People's Republic of China.
        "(8) The impact of the proposed export on the transition of the
      People's Republic of China from a nonmarket economy to a market
      economy and the long-term economic benefit to the United States.
        "(9) The impact of the proposed export on opening new markets
      to United States-made products through the purchase by the
      People's Republic of China of United States-made goods and
      services not directly related to the proposed export.
        "(10) The impact of the proposed export on reducing acts,
      policies, and practices that constitute significant trade
      barriers to United States exports or foreign direct investment in
      the People's Republic of China by United States nationals.
        "(11) The increase that will result from the proposed export in
      the overall market share of the United States for goods and
      services in comparison to Japan, France, Germany, the United
      Kingdom, and Russia.
        "(12) The impact of the proposed export on the willingness of
      the People's Republic of China to modify its commercial and trade
      laws, practices, and regulations to make United States-made goods
      and services more accessible to that market.
        "(13) The impact of the proposed export on the willingness of
      the People's Republic of China to reduce formal and informal
      trade barriers and tariffs, duties, and other fees on United
      States-made goods and services entering that country.
      "(b) Militarily Sensitive Characteristics Defined. - In this
    section, the term 'militarily sensitive characteristics' includes
    antijamming capability, antennas, crosslinks, baseband processing,
    encryption devices, radiation-hardened devices, propulsion systems,
    pointing accuracy, kick motors, and other such characteristics as
    are specified by the Secretary of Defense.
      "SEC. 1516. RELATED ITEMS DEFINED.
      "In this subtitle, the term 'related items' means the satellite
    fuel, ground support equipment, test equipment, payload adapter or
    interface hardware, replacement parts, and non-embedded solid
    propellant orbit transfer engines described in the report submitted
    to Congress by the Department of State on February 6, 1998,
    pursuant to section 38(f) of the Arms Export Control Act (22 U.S.C.
    2778(f))."
      [Pub. L. 105-277, div. C, title I, Sec. 146(b), Oct. 21, 1998,
    112 Stat. 2681-610, provided that: "The amendments made by this
    section [amending Pub. L. 105-261, Sec. 1512, set out above] shall
    take effect on the later of -
        ["(1) the enactment of this Act [Oct. 21, 1998]; or
        ["(2) the enactment of the Strom Thurmond National Defense
      Authorization Act for Fiscal Year 1999 [Pub. L. 105-261; Oct. 17,
      1998]."]
      [Reference to the Director of Central Intelligence or the
    Director of the Central Intelligence Agency in the Director's
    capacity as the head of the intelligence community deemed to be a
    reference to the Director of National Intelligence. Reference to
    the Director of Central Intelligence or the Director of the Central
    Intelligence Agency in the Director's capacity as the head of the
    Central Intelligence Agency deemed to be a reference to the
    Director of the Central Intelligence Agency. See section 1081(a),
    (b) of Pub. L. 108-458, set out as a note under section 401 of
    Title 50, War and National Defense.]
      [For abolition, transfer of functions, and treatment of
    references to United States Arms Control and Disarmament Agency,
    see section 6511 et seq. of this title.]
                        LANDMINE EXPORT MORATORIUM
      Pub. L. 102-484, div. A, title XIII, Sec. 1365, Oct. 23, 1992,
    106 Stat. 2561, as amended by Pub. L. 103-160, div. A, title XI,
    Sec. 1182(c)(3), title XIV, Sec. 1423(c), Nov. 30, 1993, 107 Stat.
    1772, 1832; Pub. L. 104-107, title V, Sec. 558, Feb. 12, 1996, 110
    Stat. 743; Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V,
    Sec. 556], Sept. 30, 1996, 110 Stat. 3009-121, 3009-161; Pub. L.
    106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 553], Nov. 29,
    1999, 113 Stat. 1535, 1501A-99; Pub. L. 107-115, title V, Sec. 548,
    Jan. 10, 2002, 115 Stat. 2156; Pub. L. 110-161, div. J, title VI,
    Sec. 634(j), Dec. 26, 2007, 121 Stat. 2329, provided that:
      "(a) Findings. - The Congress makes the following findings:
        "(1) Anti-personnel landmines, which are specifically designed
      to maim and kill people, have been used indiscriminately in
      dramatically increasing numbers, primarily in insurgencies in
      poor developing countries. Noncombatant civilians, including tens
      of thousands of children, have been the primary victims.
        "(2) Unlike other military weapons, landmines often remain
      implanted and undiscovered after conflict has ended, causing
      untold suffering to civilian populations. In Afghanistan,
      Cambodia, Laos, Vietnam, and Angola, tens of millions of
      unexploded landmines have rendered whole areas uninhabitable. In
      Afghanistan, an estimated hundreds of thousands of people have
      been maimed and killed by landmines during the 14-year civil war.
      In Cambodia, more than 20,000 civilians have lost limbs and
      another 60 are being maimed each month from landmines.
        "(3) Over 35 countries are known to manufacture landmines,
      including the United States. However, the United States is not a
      major exporter of landmines. During the past ten years the
      Department of State has approved ten licenses for the commercial
      export of anti-personnel landmines valued at $980,000, and during
      the past five years the Department of Defense has approved the
      sale of 13,156 anti-personnel landmines valued at $841,145.
        "(4) The United States signed, but has not ratified, the 1981
      Convention on Prohibitions or Restrictions on the Use of Certain
      Conventional Weapons Which May Be Deemed To Be Excessively
      Injurious or To Have Indiscriminate Effects. The Convention
      prohibits the indiscriminate use of landmines.
        "(5) When it signed the Convention, the United States stated:
      'We believe that the Convention represents a positive step
      forward in efforts to minimize injury or damage to the civilian
      population in time of armed conflict. Our signature of the
      Convention reflects the general willingness of the United States
      to adopt practical and reasonable provisions concerning the
      conduct of military operations, for the purpose of protecting
      noncombatants.'.
        "(6) The President should submit the Convention to the Senate
      for its advice and consent to ratification, and the President
      should actively negotiate under United Nations auspices or other
      auspices an international agreement, or a modification of the
      Convention, to prohibit the sale, transfer or export of anti-
      personnel landmines. Such an agreement or modification would be
      an appropriate response to the end of the Cold War and the
      promotion of arms control agreements to reduce the indiscriminate
      killing and maiming of civilians.
        "(7) The United States should set an example for other
      countries in such negotiations, by implementing a one-year
      moratorium on the sale, transfer or export of anti-personnel
      landmines.
      "(b) Statement of Policy. - (1) It shall be the policy of the
    United States to seek verifiable international agreements
    prohibiting the sale, transfer, or export, and further limiting the
    use, production, possession, and deployment of anti-personnel
    landmines.
      "(2) It is the sense of the Congress that the President should
    actively seek to negotiate under United Nations auspices or other
    auspices an international agreement, or a modification of the
    Convention, to prohibit the sale, transfer, or export of anti-
    personnel landmines.
      "(c) Moratorium on Transfers of Anti-Personnel Landmines Abroad. -
     During the 22 year period beginning on October 23, 1992 -
        "(1) no sale may be made or financed, no transfer may be made,
      and no license for export may be issued, under the Arms Export
      Control Act [22 U.S.C. 2751 et seq.], with respect to any anti-
      personnel landmine; and
        "(2) no assistance may be provided under the Foreign Assistance
      Act of 1961 [22 U.S.C. 2151 et seq.], with respect to the
      provision of any anti-personnel landmine.
      "(d) Definition. - For purposes of this section, the term 'anti-
    personnel landmine' means -
        "(1) any munition placed under, on, or near the ground or other
      surface area, or delivered by artillery, rocket, mortar, or
      similar means or dropped from an aircraft and which is designed
      to be detonated or exploded by the presence, proximity, or
      contact of a person;
        "(2) any device or material which is designed, constructed, or
      adapted to kill or injure and which functions unexpectedly when a
      person disturbs or approaches an apparently harmless object or
      performs an apparently safe act;
        "(3) any manually-emplaced munition or device designed to kill,
      injure, or damage and which is actuated by remote control or
      automatically after a lapse of time."
      [Section 634(j) of title VI of div. J of Pub. L. 110-161, which
    directed the amendment of section 1365(c) of Pub. L. 102-484, set
    out above, by substituting "During the 22 year period beginning on
    October 23, 1992" for "During the 16 year period beginning on
    October 23, 1992" before the period at the end, was executed by
    making the substitution in the introductory provisions, to reflect
    the probable intent of Congress.]
      [Section 1000(a)(2) [title V, Sec. 553] of div. B of Pub. L. 106-
    113, which directed the amendment of section 1365(c) of Pub. L.
    102-484, set out above, by substituting "During the 11-year" for
    "During the five-year", was executed by making the substitution for
    "During the eight-year".]
     ARMS TRANSFERS RESTRAINT POLICY FOR MIDDLE EAST AND PERSIAN GULF
                                  REGION
      Pub. L. 102-138, title IV, Oct. 28, 1991, 105 Stat. 718, provided
    that:
      "SEC. 401. FINDINGS.
      "The Congress finds that -
        "(1) nations in the Middle East and Persian Gulf region, which
      accounted for over 40 percent of the international trade in
      weapons and related equipment and services during the decade of
      the 1980's, are the principal market for the worldwide arms
      trade;
        "(2) regional instability, large financial resources, and the
      desire of arms-supplying governments to gain influence in the
      Middle East and Persian Gulf region, contribute to a regional
      arms race;
        "(3) the continued proliferation of weapons and related
      equipment and services contribute further to a regional arms race
      in the Middle East and Persian Gulf region that is politically,
      economically, and militarily destabilizing;
        "(4) the continued proliferation of unconventional weapons,
      including nuclear, biological, and chemical weapons, as well as
      delivery systems associated with those weapons, poses an urgent
      threat to security and stability in the Middle East and Persian
      Gulf region;
        "(5) the continued proliferation of ballistic missile
      technologies and ballistic missile systems that are capable of
      delivering conventional, nuclear, biological, or chemical
      warheads undermines security and stability in the Middle East and
      Persian Gulf region;
        "(6) future security and stability in the Middle East and
      Persian Gulf region would be enhanced by establishing a stable
      military balance among regional powers by restraining and
      reducing both conventional and unconventional weapons;
        "(7) security, stability, peace, and prosperity in the Middle
      East and Persian Gulf region are important to the welfare of the
      international economy and to the national security interests of
      the United States;
        "(8) future security and stability in the Middle East and
      Persian Gulf region would be enhanced through the development of
      a multilateral arms transfer and control regime similar to those
      of the Nuclear Suppliers' Group, the Missile Technology Control
      Regime, and the Australia Chemical Weapons Suppliers Group;
        "(9) such a regime should be developed, implemented, and agreed
      to through multilateral negotiations, including under the
      auspices of the 5 permanent members of the United Nations
      Security Council;
        "(10) confidence-building arms control measures such as the
      establishment of a centralized arms trade registry at the United
      Nations, greater multinational transparency on the transfer of
      defense articles and services prior to agreement or transfer,
      cooperative verification measures, advanced notification of
      military exercises, information exchanges, on-site inspections,
      and creation of a Middle East and Persian Gulf Conflict
      Prevention Center, are important to implement an effective
      multilateral arms transfer and control regime;
        "(11) as an interim step, the United States should consider
      introducing, during the ongoing negotiations on confidence
      security-building measures at the Conference on Security and
      Cooperation in Europe (CSCE) [now the Organization for Security
      and Cooperation in Europe], a proposal regarding the
      international exchange of information, on an annual basis, on the
      sale and transfer of major military equipment, particularly to
      the Middle East and Persian Gulf region; and
        "(12) such a regime should be applied to other regions with the
      ultimate objective of achieving an effective global arms transfer
      and control regime, implemented and enforced through the United
      Nations Security Council, that -
          "(A) includes a linkage of humanitarian and developmental
        objectives with security objectives in Third World countries,
        particularly the poorest of the poor countries; and
          "(B) encourages countries selling military equipment and
        services to consider the following factors before making
        conventional arms sales: the security needs of the purchasing
        countries, the level of defense expenditures by the purchasing
        countries, and the level of indigenous production of the
        purchasing countries.
      "SEC. 402. MULTILATERAL ARMS TRANSFER AND CONTROL REGIME.
      "(a) Implementation of the Regime. -
        "(1) Continuing negotiations. - The President shall continue
      negotiations among the 5 permanent members of the United Nations
      Security Council and commit the United States to a multilateral
      arms transfer and control regime for the Middle East and Persian
      Gulf region.
        "(2) Proposing a temporary moratorium during negotiations. - In
      the context of these negotiations, the President should propose
      to the 5 permanent members of the United Nations Security Council
      a temporary moratorium on the sale and transfer of major military
      equipment to nations in the Middle East and Persian Gulf region
      until such time as the 5 permanent members agree to a
      multilateral arms transfer and control regime.
      "(b) Purpose of the Regime. - The purpose of the multilateral
    arms transfer and control regime should be -
        "(1) to slow and limit the proliferation of conventional
      weapons in the Middle East and Persian Gulf region with the aim
      of preventing destabilizing transfers by -
          "(A) controlling the transfer of conventional major military
        equipment;
          "(B) achieving transparency among arms suppliers nations
        through advanced notification of agreement to, or transfer of,
        conventional major military equipment; and
          "(C) developing and adopting common and comprehensive control
        guidelines on the sale and transfer of conventional major
        military equipment to the region;
        "(2) to halt the proliferation of unconventional weapons,
      including nuclear, biological, and chemical weapons, as well as
      delivery systems associated with those weapons and the
      technologies necessary to produce or assemble such weapons;
        "(3) to limit and halt the proliferation of ballistic missile
      technologies and ballistic missile systems that are capable of
      delivering conventional, nuclear, biological, or chemical
      warheads;
        "(4) to maintain the military balance in the Middle East and
      Persian Gulf region through reductions of conventional weapons
      and the elimination of unconventional weapons; and
        "(5) to promote regional arms control in the Middle East and
      Persian Gulf region.
      "(c) Achieving the Purposes of the Regime. -
        "(1) Controlling proliferation of conventional weapons. - In
      order to achieve the purposes described in subsection (b)(1), the
      United States should pursue the development of a multilateral
      arms transfer and control regime which includes -
          "(A) greater information-sharing practices among supplier
        nations regarding potential arms sales to all nations of the
        Middle East and Persian Gulf region;
          "(B) applying, for the control of conventional major military
        equipment, procedures already developed by the International
        Atomic Energy Agency, the Multilateral Coordinating Committee
        on Export Controls (COCOM), and the Missile Technology Control
        Regime (MTCR); and
          "(C) other strict controls on the proliferation of
        conventional major military equipment to the Middle East and
        Persian Gulf region.
        "(2) Halting proliferation of unconventional weapons. - In
      order to achieve the purposes described in subsections (b)(2) and
      (3), the United States should build on existing and future
      agreements among supplier nations by pursuing the development of
      a multilateral arms transfer and control regime which includes -
          "(A) limitations and controls contained in the Enhanced
        Proliferation Control Initiative;
          "(B) limitations and controls contained in the Missile
        Technology Control Regime (MTCR);
          "(C) guidelines followed by the Australia Group on chemical
        and biological arms proliferation;
          "(D) guidelines adopted by the Nuclear Suppliers Group (the
        London Group); and
          "(E) other appropriate controls that serve to halt the flow
        of unconditional [unconventional] weapons to the Middle East
        and Persian Gulf region.
        "(3) Promotion of regional arms control agreements. - In order
      to achieve the purposes described in subsections (b)(4) and (5),
      the United States should pursue with nations in the Middle East
      and Persian Gulf region -
          "(A) the maintenance of the military balance within the
        region, while eliminating nuclear, biological, and chemical
        weapons and associated delivery systems, and ballistic
        missiles;
          "(B) the implementation of confidence-building and security-
        building measures, including advance notification of certain
        ground and aerial military exercises in the Middle East and the
        Persian Gulf; and
          "(C) other useful arms control measures.
      "(d) Major Military Equipment. - As used in this title, the term
    'major military equipment' means -
        "(1) air-to-air, air-to-surface, and surface-to-surface
      missiles and rockets;
        "(2) turbine-powered military aircraft;
        "(3) attack helicopters;
        "(4) main battle tanks;
        "(5) submarines and major naval surface combatants;
        "(6) nuclear, biological, and chemical weapons; and
        "(7) such other defense articles and defense services as the
      President may determine.
      "SEC. 403. LIMITATION ON UNITED STATES ARMS SALES TO THE REGION.
      "Beginning 60 days after the date of enactment of the
    International Cooperation Act of 1991 [probably means H.R. 2508,
    which had not been enacted into law by the end of the first session
    of the 102d Congress] or the Foreign Relations Authorization Act,
    Fiscal Years 1992 and 1993 [Oct. 28, 1991], whichever is enacted
    first, no sale of any defense article or defense service may be
    made to any nation in the Middle East and Persian Gulf region, and
    no license may be issued for the export of any defense article or
    defense service to any nation in the Middle East and Persian Gulf
    region, unless the President -
        "(1) certifies in writing to the relevant congressional
      committees that the President has undertaken good faith efforts
      to convene a conference for the establishment of an arms
      suppliers regime having elements described in section 402; and
        "(2) submits to the relevant congressional committees a report
      setting forth a United States plan for leading the world
      community in establishing such a multilateral regime to restrict
      transfers of advanced conventional and unconventional arms to the
      Middle East and Persian Gulf region.
      "SEC. 404. REPORTS TO THE CONGRESS.
      "(a) Quarterly Reports. - Beginning on January 15, 1992, and
    quarterly thereafter through October 15, 1993, the President shall
    submit to the relevant congressional committees a report -
        "(1) describing the progress in implementing the purposes of
      the multilateral arms transfer and control regime as described in
      section 402(b); and
        "(2) describing efforts by the United States and progress made
      to induce other countries to curtail significantly the volume of
      their arms sales to the Middle East and Persian Gulf region, and
      if such efforts were not made, the justification for not making
      such efforts.
      "(b) Initial Report on Transfers and Regional Military Balance. -
    Not later than 60 days after the date of enactment of the
    International Cooperation Act of 1991 or the Foreign Relations
    Authorization Act, Fiscal Years 1992 and 1993, whichever is enacted
    first, the President shall submit to the relevant congressional
    committee a report -
        "(1) documenting all transfers of conventional and
      unconventional arms by any nation to the Middle East and Persian
      Gulf region over the previous calendar year and the previous 5
      calendar years, including sources, types, and recipient nations
      of weapons;
        "(2) analyzing the current military balance in the region,
      including the effect on the balance of transfers documented under
      paragraph (1);
        "(3) describing the progress in implementing the purposes of
      the multilateral arms transfer and control regime as described in
      section 402(b);
        "(4) describing any agreements establishing such a regime; and
        "(5) identifying supplier nations that have refused to
      participate in such a regime or that have engaged in conduct that
      violates or undermines such a regime.
      "(c) Annual Reports on Transfers and Regional Military Balance. -
    Beginning July 15, 1992, and every 12 months thereafter, the
    President shall submit to the relevant congressional committees a
    report -
        "(1) documenting all transfers of conventional and
      unconventional arms by any nation to the Middle East and Persian
      Gulf region over the previous calendar year, including sources,
      types, and recipient nations of weapons;
        "(2) analyzing the current military balance in the region,
      including the effect on the balance of transfer documented under
      paragraph (1);
        "(3) describing the progress in implementing the purposes of
      the multilateral arms transfer and control regime as described in
      section 402(b); and
        "(4) identifying supplier nations that have refused to
      participate in such a regime or that have engaged in conduct that
      violates or undermines such a regime.
      "SEC. 405. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.
      "As used in this title, the term 'relevant congressional
    committees' means the Committee on Foreign Affairs of the House of
    Representatives and the Committee on Foreign Relations of the
    Senate."
      [Ex. Ord. No. 12851, Sec. 3, June 11, 1993, 58 F.R. 33181, set
    out as a note under section 2797 of this title, delegated to
    Secretary of State, in consultation with Secretary of Defense and
    other agencies, certification and reporting functions of the
    President under sections 403 and 404 of the Foreign Relations
    Authorization Act, Fiscal Years 1992 and 1993, Public Law 102-138,
    set out above.]
      [Memorandum of President of the United States, Dec. 27, 1991, 56
    F.R. 1069, delegated to Secretary of State, in consultation with
    heads of other executive agencies and departments, certification
    and reporting obligations of the President under sections 403 and
    404 of the Foreign Relations Authorization Act, Fiscal Years 1992
    and 1993, Public Law 102-138, set out above.]
                CONTINUATION OF EXPORT CONTROL REGULATIONS
      Section 3 of Ex. Ord. No. 13222, Aug. 17, 2001, 66 F.R. 44025,
    listed in a table under section 1701 of Title 50, War and National
    Defense, provided that: "Provisions for administration of section
    38(e) of the Arms Export Control Act (22 U.S.C. 2778(e)) may be
    made and shall continue in full force and effect until amended or
    revoked under the authority of section 203 of the Act (50 U.S.C.
    1702). To the extent permitted by law, this order also shall
    constitute authority for the issuance and continuation in full
    force and effect of all rules and regulations by the President or
    his delegate, and all orders, licenses, and other forms of
    administrative actions issued, taken, or continued in effect
    pursuant thereto, relating to the administration of section 38(e)."
      Prior provisions relating to issuance and continued effect of
    rules, regulations, orders, licenses, and other forms of
    administrative action relating to administration of subsec. (e) of
    this section were contained in the following:
      Ex. Ord. No. 12924, Sec. 3, Aug. 19, 1994, 59 F.R. 43437, listed
    in a table under section 1701 of Title 50, prior to revocation by
    Ex. Ord. No. 13206, Sec. 1, Apr. 4, 2001, 66 F.R. 18397.
      Ex. Ord. No. 12923, Sec. 3, June 30, 1994, 59 F.R. 34551, listed
    in a table under section 1701 of Title 50, prior to revocation by
    Ex. Ord. No. 12924, Sec. 4, Aug. 19, 1994, 59 F.R. 43438.
      Ex. Ord. No. 12867, Sec. 3, Sept. 30, 1993, 58 F.R. 51747, listed
    in a table under section 1701 of Title 50.
      Ex. Ord. No. 12730, Sec. 3, Sept. 30, 1990, 55 F.R. 40373, listed
    in a table under section 1701 of Title 50, prior to revocation by
    Ex. Ord. No. 12867, Sept. 30, 1993, 58 F.R. 51747.
      Ex. Ord. No. 12525, Sec. 3, July 12, 1985, 50 F.R. 28757, listed
    in a table under section 1701 of Title 50.
      Ex. Ord. No. 12470, Sec. 3, Mar. 30, 1984, 49 F.R. 13099, listed
    in a table under section 1701 of Title 50, prior to revocation by
    Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757.
      Ex. Ord. No. 12451, Sec. 3, Dec. 20, 1983, 48 F.R. 56563, listed
    in a table under section 1701 of Title 50.
      Ex. Ord. No. 12444, Sec. 3, Oct. 14, 1983, 48 F.R. 48215, listed
    in a table under section 1701 of Title 50, prior to revocation by
    Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563.

FOOTNOTE

    (!1) So in original. There are two subpars. designated "(B)".
    (!2) So in original. The semicolon probably should be a comma.
    (!3) So in original. Probably should be "sections".
    (!4) So in original. Probably should be "175c".
    (!5) So in original. Probably should be followed by "in".
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