§ 2777. Fiscal provisions relating to foreign mili-
tary sales credits
(a) Permissible uses of cash payments under sec-
tions 2761, 2762, 2763, and 2769
Cash payments received under sections 2761,
2762, and 2769 of this title and advances received
Page 1241
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2778
under section 2763 of this title shall be available
solely for payments to suppliers (including the
military departments) and refunds to purchasers
and shall not be available for financing credits
and guaranties.
(b) Transfer of funds to miscellaneous receipts of
Treasury
Amounts received from foreign governments
and international organizations as repayments
for credits extended pursuant to section 2763 of
this title, amounts received from the disposition
of instruments evidencing indebtedness under
section 2764(b) of this title (excluding such por-
tion of the sales proceeds as may be required at
the time of disposition to be obligated as a re-
serve for payment of claims under guaranties
issued pursuant to section 2764(b) of this title,
which sums are made available for such obliga-
tions), and other collections (including fees and
interest) shall be transferred to the miscella-
neous receipts of the Treasury.
(c) Credit of funds to reserve under section
2764(c)
Notwithstanding the provisions of subsection
(b), to the extent that any of the funds consti-
tuting the reserve under section 2764(c) of this
title are paid out for a claim arising out of a
loan guaranteed under section 2764 of this title,
amounts received from a foreign government or
international organization after the date of such
payment, with respect to such claim, shall be
credited to such reserve, shall be merged with
the funds in such reserve, and shall be available
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Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_8cf6af708e54a668fc003886 Source file: Laws/federal/codes/united-states-code-2024/title-22/section-2777-fiscal-provisions-relating-to-foreign-mili--8263d7db23.md Pages: Not recorded – Not recorded Passage SHA-256: 8d7a6c3a536e09eee3e8cd244d979a52dc23a2aba742b54545383b4524fee811 Retained source evidence SHA-256: 7462cc037322611f6254537aa49a906fcf75c812dd1e3e92f89e79dbf5a981ea
Page 1240
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2776a
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
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 com-
munity deemed to be a reference to the Director of Na-
tional Intelligence. Reference to the Director of Cen-
tral Intelligence or the Director of the Central Intel-
ligence Agency in the Director’s capacity as the head of
the Central Intelligence Agency deemed to be a ref-
erence to the Director of the Central Intelligence Agen-
cy. See section 1081(a), (b) of Pub. L. 108–458, set out as
a note under section 3001 of Title 50, War and National
Defense.
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 Effec-
tive Date note under section 6511 of this title.
EFFECTIVE DATE OF 1996 AMENDMENTS
Pub. L. 104–201, title X, § 1045(b), Sept. 23, 1996, 110
Stat. 2645, provided that: ‘‘Paragraph (12) of section
36(a) of the Arms Export Control Act [now 22 U.S.C.
2776(a)(11)], as added by subsection (a)(3), does not apply
with respect to an agreement described in such para-
graph entered into before the date of the enactment of
this Act [Sept. 23, 1996].’’
Amendment by section 141(c), (d) of Pub. L. 104–164
applicable with respect to certifications required to be
submitted on or after July 21, 1996, see section 141(f) of
Pub. L. 104–164, set out as a note under section 2753 of
this title.
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99–83 effective Oct. 1, 1985, see
section 1301 of Pub. L. 99–83, set out as a note under sec-
tion 2151–1 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Pub. L. 94–329, title II, § 211(b), June 30, 1976, 90 Stat.
744, provided that: ‘‘The amendment made by sub-
section (a) of this section [amending this section] shall
apply with respect to letters of offer for which a certifi-
cation is transmitted pursuant to section 36(b) of the
Arms Export Control Act [subsec. (b) of this section] on
or after the date of enactment of this Act [June 30,
1976] and to export licenses for which an application is
filed under section 38 of such Act [section 2778 of this
title] on or after such date.’’
Pub. L. 94–329, title VI, § 604(c), June 30, 1976, 90 Stat.
768, provided that: ‘‘The amendments made by this sec-
tion [amending this section and enacting section 2779 of
this title] shall take effect sixty days after the date of
enactment of this Act [June 30, 1976].’’
EFFECTIVE DATE
Section effective July 1, 1968, see section 41 of Pub. L.
90–629, set out as a note under section 2751 of this title.
ASSESSMENT OF ISRAEL’S QUALITATIVE MILITARY EDGE
OVER MILITARY THREATS
Pub. L. 110–429, title II, § 201, Oct. 15, 2008, 122 Stat.
4843, as amended by Pub. L. 113–296, § 11(a), Dec. 19, 2014,
128 Stat. 4078, provided that:
‘‘(a) ASSESSMENT
REQUIRED.—The President shall
carry out an empirical and qualitative assessment on
an ongoing basis of the extent to which Israel possesses
a qualitative military edge over military threats to
Israel. The assessment required under this subsection
shall be sufficiently robust so as to facilitate com-
parability of data over concurrent years.
‘‘(b) USE OF ASSESSMENT.—The President shall ensure
that the assessment required under subsection (a) is
used to inform the review by the United States of appli-
cations to sell defense articles and defense services
under the Arms Export Control Act (22 U.S.C. 2751 et
seq.) to countries in the Middle East.
‘‘(c) REPORTS.—
‘‘(1) INITIAL REPORT.—Not later than June 30, 2009,
the President shall transmit to the appropriate con-
gressional committees a report on the initial assess-
ment required under subsection (a).
‘‘(2) QUADRENNIAL
REPORT.—Not later than four
years after the date on which the President transmits
the initial report under paragraph (1), and every four
years thereafter, the President shall transmit to the
appropriate congressional committees a report on the
most recent assessment required under subsection
(a).
‘‘(3) BIENNIAL UPDATES.—Two years after the date
on which each quadrennial report is transmitted to
Congress, the President shall—
‘‘(A) reevaluate the assessment required under
subsection (a); and
‘‘(B) inform and consult with the appropriate con-
gressional committees on the results of the reevalu-
ation conducted pursuant to subparagraph (A).
‘‘(d) CERTIFICATION.—[Amended this section.]
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The
term ‘appropriate congressional committees’ means
the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Rela-
tions of the Senate.
‘‘(2) QUALITATIVE MILITARY EDGE.—The term ‘quali-
tative military edge’ has the meaning given the term
in section 36(h) of the Arms Export Control Act, as
added by subsection (d) of this section [22 U.S.C.
2776(h)].’’
[Memorandum of President of the United States,
June 8, 2009, 74 F.R. 28863, provided that the functions
of the President in section 201(a) to (c) of Pub. L.
110–429, set out above, are delegated to the Secretary of
State, in coordination with the Secretary of Defense.]
NATIONAL DISCLOSURE POLICY FOR SENSITIVE WEAPONS
TECHNOLOGY; REPORT TO CONGRESS
Pub. L. 96–92, § 20(a), Oct. 29, 1979, 93 Stat. 710, di-
rected President to undertake a thorough review of
interagency procedures and disclosure criteria used by
United States in determining whether sensitive weap-
ons technology will be transferred to other countries,
and not later than Feb. 15, 1980 to transmit a report to
Congress setting forth the results of such review, to-
gether with such recommendations as are necessary to
improve the current disclosure system, prior to repeal
by Pub. L. 97–113, title VII, § 734(a)(11), Dec. 29, 1981, 95
Stat. 1560.
Executive Documents
DELEGATION OF FUNCTIONS
For delegation of certain functions of the President
under this section, with certain conditions, see section
1(j)–(m) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16130,
set out as a note under section 2751 of this title. Func-
tions were previously delegated by Ex. Ord. No. 11958,
which was formerly set out as a note under section 2751
of this title and was revoked, subject to a savings pro-
vision, by section 4 of Ex. Ord. No. 13637.
§ 2776a. Repealed. Pub. L. 112–81, div. A, title X,
§ 1062(d)(4), Dec. 31, 2011, 125 Stat. 1585
Section, Pub. L. 109–364, div. A, title XII, § 1231, Oct.
17, 2006, 120 Stat. 2430; Pub. L. 110–181, div. A, title X,
§ 1063(c)(11), Jan. 28, 2008, 122 Stat. 323, required annual
report on foreign sales of significant military equip-
ment manufactured in the United States.
§ 2777. Fiscal provisions relating to foreign mili-
tary sales credits
(a) Permissible uses of cash payments under sec-
tions 2761, 2762, 2763, and 2769
Cash payments received under sections 2761,
2762, and 2769 of this title and advances received
Page 1241
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2778
under section 2763 of this title shall be available
solely for payments to suppliers (including the
military departments) and refunds to purchasers
and shall not be available for financing credits
and guaranties.
(b) Transfer of funds to miscellaneous receipts of
Treasury
Amounts received from foreign governments
and international organizations as repayments
for credits extended pursuant to section 2763 of
this title, amounts received from the disposition
of instruments evidencing indebtedness under
section 2764(b) of this title (excluding such por-
tion of the sales proceeds as may be required at
the time of disposition to be obligated as a re-
serve for payment of claims under guaranties
issued pursuant to section 2764(b) of this title,
which sums are made available for such obliga-
tions), and other collections (including fees and
interest) shall be transferred to the miscella-
neous receipts of the Treasury.
(c) Credit of funds to reserve under section
2764(c)
Notwithstanding the provisions of subsection
(b), to the extent that any of the funds consti-
tuting the reserve under section 2764(c) of this
title are paid out for a claim arising out of a
loan guaranteed under section 2764 of this title,
amounts received from a foreign government or
international organization after the date of such
payment, with respect to such claim, shall be
credited to such reserve, shall be merged with
the funds in such reserve, and shall be available
for any purpose for which funds in such reserve
are available.
(Pub. L. 90–629, ch. 3, § 37, Oct. 22, 1968, 82 Stat.
1326; Pub. L. 93–189, § 25(11), Dec. 17, 1973, 87 Stat.
731; Pub. L. 96–533, title I, §§ 104(b), 105(e)(1), Dec.
16, 1980, 94 Stat. 3133, 3135.)
Editorial Notes
AMENDMENTS
1980—Subsec. (a). Pub. L. 96–533, § 105(e)(1), inserted
reference to section 2769 of this title.
Subsec. (c). Pub. L. 96–533, § 104(b), added subsec. (c).
1973—Subsec. (b). Pub. L. 93–189 inserted provisions
relating to indebtedness under section 2764(b) of this
title and exclusions of portions of the sales proceeds re-
quired at the time of disposition as a reserve for pay-
ment of claims under guaranties issued under section
2764(b) of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective July 1, 1968, see section 41 of Pub. L.
90–629, set out as a note under section 2751 of this title.
§ 2778. Control of arms exports and imports
(a) Presidential control of exports and imports of
defense articles and services, guidance of
policy, etc.; designation of United States Mu-
nitions List; issuance of export licenses; ne-
gotiations information
(1) In furtherance of world peace and the secu-
rity 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 arti-
cles 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, in-
crease the possibility of outbreak or escalation
of conflict, or prejudice the development of bi-
lateral or multilateral arms control or non-
proliferation 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 cur-
rently informed of the progress and future pros-
pects of such negotiations.
(b) Registration and licensing requirements for
manufacturers, exporters, or importers of
designated defense articles and defense serv-
ices
(1)(A)(i) As prescribed in regulations issued
under this section, every person (other than an
officer or employee of the United States Govern-
ment acting in an official capacity) who engages
in the business of manufacturing, exporting, or
importing any defense articles or defense serv-
ices designated by the President under sub-
section (a)(1) shall register with the United
States Government agency charged with the ad-
ministration of this section, and shall pay a reg-
istration 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 govern-
ments 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 Govern-
ment 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 des-
ignated by the President under subsection (a)(1),
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 reg-
ister with the United States Government agency
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
As declared by the Congress in the Arms Control and Disarmament Act [[22 U.S.C. 2551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2551&num=0&edition=prelim) et seq.], an ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races.
Stored review status: release_metadata_unconfirmed. The source passage cites 22 U.S.C. § 2751. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2751. Need for international defense coopera-
tion and military export controls; Presi-
dential waiver; report to Congress; arms
sales policy
As declared by the Congress in the Arms Con-
trol and Disarmament Act [22 U.S.C. 2551 et
seq.], an ultimate goal of the United States con-
tinues to be a world which is free from the
scourge of war and the dangers and burdens of
armaments; in which the use of force has been
subordinated to the rule of law; and in which
international adjustments to a changing world
are achieved peacefully. In furtherance of that
goal, it remains the policy of the United States
to encourage regional arms control and disar-
mament agreements and to discourage arms
races.
The Congress recognizes, however, that the
United States and other free and independent
countries continue to have valid requirements
for effective and mutually beneficial defense re-
lationships in order to maintain and foster the
environment of international peace and security
essential to social, economic, and political
progress. Because of the growing cost and com-
plexity of defense equipment, it is increasingly
difficult and uneconomic for any country, par-
ticularly a developing country, to fill all of its
legitimate defense requirements from its own
design and production base. The need for inter-
national defense cooperation among the United
States and those friendly countries to which it
is allied by mutual defense treaties is especially
important, since the effectiveness of their armed
Page 1186
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2751
forces to act in concert to deter or defeat ag-
gression is directly related to the operational
compatibility of their defense equipment.
Accordingly, it remains the policy of the
United States to faci
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 2751. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Report by President; contents** The President shall transmit to the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and to the chairman of the Committee on Foreign Relations of the Senate not more than sixty days after the end of each quarter an unclassified report (except that any material which was transmitted in classified form under subsection (b)(1) or (c)(1) of this section may be contained in a classified addendum to such report, and any letter of offer referred to in paragraph (1) of this subsection may be listed in such addendum unless such letter of offer has been the subject of an unclassified certification pursuant to subsection (b)(1) of this section, and any information provided under paragraph (11) of this subsection may also be provided in a classified addendum) containing—
(1) a listing of all letters of offer to sell any major defense equipment for $1,000,000 or more under this chapter to each foreign country and international organization, by category, if such letters of offer have not been accepted or canceled;
(2) a listing of all such letters of offer that have been accepted during the fiscal year in which such report is submitted, together with the total value of all defense articles and defense services sold to each foreign country and international organization during such fiscal year;
(3) the cumulative dollar amounts, by foreign country and international organization, of sales credit agreements under [section 2763 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2763&num=0&edition=prelim) and guaranty agreements under [section 2764 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2764&num=0&edi
Stored review status: release_metadata_unconfirmed. The source passage cites 22 U.S.C. § 2776. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2776. Reports and certifications to Congress on
military exports
(a) Report by President; contents
The President shall transmit to the Speaker of
the House of Representatives, the Committee on
Foreign Affairs of the House of Representatives,
and to the chairman of the Committee on For-
eign Relations of the Senate not more than
sixty days after the end of each quarter an un-
classified report (except that any material
which was transmitted in classified form under
subsection (b)(1) or (c)(1) of this section may be
contained in a classified addendum to such re-
port, and any letter of offer referred to in para-
graph (1) of this subsection may be listed in such
addendum unless such letter of offer has been
the subject of an unclassified certification pur-
suant to subsection (b)(1) of this section, and
any information provided under paragraph (11)
of this subsection may also be provided in a
classified addendum) containing—
(1) a listing of all letters of offer to sell any
major defense equipment for $1,000,000 or more
under this chapter to each foreign country and
international organization, by category, if
such letters of offer have not been accepted or
canceled;
(2) a listing of all such letters of offer that
have been accepted during the fiscal year in
which such report is submitted, together with
the total value of all defense articles and de-
fense services sold to each foreign country and
international organization during such fiscal
year;
(3) the cumulative dollar amounts, by for-
eign country and international organization,
of sales credit agreements under section 2763
of this title and guaranty agreements under
section 2764 of this title made during the fiscal
year in which such report is submitted;
(4) a numbered listing of a
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 2776. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Permissible uses of cash payments under sections 2761, 2762, 2763, and 2769** Cash payments received under sections 2761, 2762, and 2769 of this title and advances received under [section 2763 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2763&num=0&edition=prelim) shall be available solely for payments to suppliers (including the military departments) and refunds to purchasers and shall not be available for financing credits and guaranties.
**(b) Transfer of funds to miscellaneous receipts of Treasury** Amounts received from foreign governments and international organizations as repayments for credits extended pursuant to [section 2763 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2763&num=0&edition=prelim), amounts received from the disposition of instruments evidencing indebtedness under [section 2764(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2764/b&num=0&edition=prelim) (excluding such portion of the sales proceeds as may be required at the time of disposition to be obligated as a reserve for payment of claims under guaranties issued pursuant to [section 2764(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2764/b&num=0&edition=prelim), which sums are made available for such obligations), and other collections (including fees and interest) shall be transferred to the miscellaneous receipts of the Treasury.
**(c) Credit of funds to reserve under section 2764(c)** Notwithstanding the provisions of subsection (b), to the extent that any of the funds constituting the reserve under [section 2764(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2