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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