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22 U.S.C. § 2754 — Purposes for which military sales or

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2754 — Purposes for which military sales or

§ 2754. Purposes for which military sales or leases by the United States are authorized; report to Congress Defense articles and defense services shall be sold or leased by the United States Government under this chapter to friendly countries solely for internal security, for legitimate self-defense, for preventing or hindering the proliferation of weapons of mass destruction and of the means of delivering such weapons, to permit the recipient country to participate in regional or collective arrangements or measures consistent with the Charter of the United Nations, or otherwise to permit the recipient country to participate in collective measures requested by the United Na- tions for the purpose of maintaining or restoring international peace and security, or for the pur- pose of enabling foreign military forces in less developed friendly countries to construct public works and to engage in other activities helpful to the economic and social development of such friendly countries. It is the sense of the Con- gress that such foreign military forces should not be maintained or established solely for civic action activities and that such civic action ac- tivities not significantly detract from the capa- bility of the military forces to perform their military missions and be coordinated with and form part of the total economic and social devel- opment effort: Provided, That none of the funds contained in this authorization shall be used to guarantee, or extend credit, or participate in an extension of credit in connection with any sale of sophisticated weapons systems, such as mis- sile systems and jet aircraft for military pur- poses, to any underdeveloped country other than Greece, Turkey, Iran, Israel, the Republic of China, the Philippines

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Page 1205 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2755 seq.] is excluded from the requirements of this sec- tion.’’ [For delegation of functions of President under sec- tion 101(d) [title V, § 594] of div. A of Pub. L. 105–277, set out above, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.] ELIGIBILITY OF BALTIC STATES FOR NONLETHAL DEFENSE ARTICLES Pub. L. 102–511, title IX, § 906, Oct. 24, 1992, 106 Stat. 3356, provided that: ‘‘(a) ELIGIBILITY.—Estonia, Latvia, and Lithuania shall each be eligible— ‘‘(1) to purchase, or to receive financing for the pur- chase of, nonlethal defense articles— ‘‘(A) under the Arms Export Control Act (22 U.S.C. 2751 et seq.), without regard to section 3(a)(1) of that Act [22 U.S.C. 2753(a)(1)], or ‘‘(B) under section 503 of the Foreign Assistance Act of 1961 (22 U.S.C. 2311), without regard to the re- quirement in subsection (a) of that section for a Presidential finding; and ‘‘(2) to receive nonlethal excess defense articles transferred under section 519 of the Foreign Assist- ance Act of 1961 (22 U.S.C. 2321m), without regard to the restrictions in subsection (a) of that section. ‘‘(b) DEFINITIONS.—As used in this section— ‘‘(1) the term ‘defense article’ has the same mean- ing given to that term in section 47(3) of the Arms Export Control Act (22 U.S.C. 2794(3)); and ‘‘(2) the term ‘excess defense article’ has the same meaning given to that term in section 644(g) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(g)).’’ Executive Documents DELEGATION OF FUNCTIONS For delegation of certain functions of the President under this section, see section 1(a) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16129, set out as a note under sec- tion 2751 of this title. Functions were previously dele- gated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of this title and was re- voked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637. § 2754. Purposes for which military sales or leases by the United States are authorized; report to Congress Defense articles and defense services shall be sold or leased by the United States Government under this chapter to friendly countries solely for internal security, for legitimate self-defense, for preventing or hindering the proliferation of weapons of mass destruction and of the means of delivering such weapons, to permit the recipient country to participate in regional or collective arrangements or measures consistent with the Charter of the United Nations, or otherwise to permit the recipient country to participate in collective measures requested by the United Na- tions for the purpose of maintaining or restoring international peace and security, or for the pur- pose of enabling foreign military forces in less developed friendly countries to construct public works and to engage in other activities helpful to the economic and social development of such friendly countries. It is the sense of the Con- gress that such foreign military forces should not be maintained or established solely for civic action activities and that such civic action ac- tivities not significantly detract from the capa- bility of the military forces to perform their military missions and be coordinated with and form part of the total economic and social devel- opment effort: Provided, That none of the funds contained in this authorization shall be used to guarantee, or extend credit, or participate in an extension of credit in connection with any sale of sophisticated weapons systems, such as mis- sile systems and jet aircraft for military pur- poses, to any underdeveloped country other than Greece, Turkey, Iran, Israel, the Republic of China, the Philippines and Korea unless the President determines that such financing is im- portant to the national security of the United States and reports within thirty days each such determination to the Congress. (Pub. L. 90–629, ch. 1, § 4, Oct. 22, 1968, 82 Stat. 1322; Pub. L. 97–113, title I, § 109(b)(3), Dec. 29, 1981, 95 Stat. 1526; Pub. L. 107–228, div. B, title XII, § 1202(a), Sept. 30, 2002, 116 Stat. 1427.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables. AMENDMENTS 2002—Pub. L. 107–228 inserted ‘‘for preventing or hin- dering the proliferation of weapons of mass destruction and of the means of delivering such weapons,’’ after ‘‘legitimate self-defense,’’ in first sentence. 1981—Pub. L. 97–113 substituted ‘‘sold or leased’’ for ‘‘sold’’ in first sentence. 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. § 2755. Discrimination prohibited if based on race, religion, national origin, or sex (a) Congressional declaration of policy It is the policy of the United States that no sales should be made, and no credits (including participations in credits) or guaranties extended to or for any foreign country, the laws, regula- tions, official policies, or governmental prac- tices of which prevent any United States person (as defined in section 7701(a)(30) of title 26) from participating in the furnishing of defense arti- cles or defense services under this chapter on the basis of race, religion, national origin, or sex. (b) Employment of personnel; required contrac- tual provision (1) No agency performing functions under this chapter shall, in employing or assigning per- sonnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary poli- cies or practices of any foreign government where such policies or practices are based upon race, religion, national origin, or sex. (2) Each contract entered into by any such agency for the performance of any function under this chapter shall contain a provision to the effect that no person, partnership, corpora-

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2311 — General authority

**(a) Defense articles and services; noncombatant personnel; transfer of funds** The President is authorized to furnish military assistance, on such terms and conditions as he may determine, to any friendly country or international organization, the assisting of which the President finds will strengthen the security of the United States and promote world peace and which is otherwise eligible to receive such assistance, by— (1) acquiring for any source and providing (by loan or grant) any defense article or defense service; (2) assigning or detailing members of the Armed Forces of the United States and other personnel of the Department of Defense to perform duties of a noncombatant nature; or (3) transferring such of the funds appropriated or otherwise made available under this part as the President may determine for assistance to a recipient country, to the account in which funds for the procurement of defense articles and defense services under section 21 and section 22 of the Arms Export Control Act [[22 U.S.C. 2761](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2761&num=0&edition=prelim) and 2762] have been deposited for such recipient, to be merged with such deposited funds, and to be used solely to meet obligations of the recipient for payment for sales under that Act [[22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) et seq.]. Sales which are wholly paid from funds transferred under paragraph (3) or from funds made available on a non-repayable basis under section 23 of the Arms Export Control Act [[22 U.S.C. 2763](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2763&num=0&edition=prelim)] shall be priced to exclude the costs of salarie

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2311

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2311 — General authority

§ 2311. General authority (a) Defense articles and services; noncombatant personnel; transfer of funds The President is authorized to furnish mili- tary assistance, on such terms and conditions as he may determine, to any friendly country or international organization, the assisting of which the President finds will strengthen the se- curity of the United States and promote world peace and which is otherwise eligible to receive such assistance, by— (1) acquiring for any source and providing (by loan or grant) any defense article or de- fense service; (2) assigning or detailing members of the Armed Forces of the United States and other personnel of the Department of Defense to per- form duties of a noncombatant nature; or (3) transferring such of the funds appro- priated or otherwise made available under this part as the President may determine for as- sistance to a recipient country, to the account in which funds for the procurement of defense articles and defense services under section 21 and section 22 of the Arms Export Control Act [22 U.S.C. 2761 and 2762] have been deposited for such recipient, to be merged with such de- posited funds, and to be used solely to meet obligations of the recipient for payment for sales under that Act [22 U.S.C. 2751 et seq.]. Sales which are wholly paid from funds trans- ferred under paragraph (3) or from funds made available on a non-repayable basis under section 23 of the Arms Export Control Act [22 U.S.C. 2763] shall be priced to exclude the costs of sala- ries of members of the Armed Forces of the United States (other than the Coast Guard). Page 781 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2311 (b) Terms and conditions In addition to such other terms and conditions as the President may determine pu

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2311

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2403 — Definitions

As used in this chapter— **(a)** “Agency of the United States Government” includes any agency, department, board, wholly or partly owned corporation, instrumentality, commission, or establishment of the United States Government. **(b)** “Armed Forces” of the United States means the Army, Navy, Air Force, Marine Corps, and Coast Guard. **(c)** “Commodity” includes any material, article, supply, goods, or equipment used for the purposes of furnishing nonmilitary assistance. **(d)** “Defense article” includes— (1) any weapon, weapons system, munition, aircraft, vessel, boat or other implement of war; (2) any property, installation, commodity, material, equipment, supply, or goods used for the purposes of furnishing military assistance; (3) any machinery, facility, tool, material supply, or other item necessary for the manufacture, production, processing repair, servicing, storage, construction, transportation, operation, or use of any article listed in this subsection; or (4) any component or part of any article listed in this subsection; but shall not include merchant vessels or, as defined by the Atomic Energy Act of 1954, as amended ([42 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim)), source material (except uranium depleted in the isotope 235 which is incorporated in defense articles solely to take advantage of high density or pyrophoric characteristics unrelated to radioactivity), by-product material, special nuclear material, production facilities, utilization facilities, or atomic weapons or articles involving Restricted Data. **(e)** “Defense information” includes any document, writing, sketch, photograph, plan, model, specification, design, prototype, or other recorded or oral informati

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2403 — Definitions

§ 2403. Definitions As used in this chapter— (a) ‘‘Agency of the United States Government’’ includes any agency, department, board, wholly or partly owned corporation, instrumentality, commission, or establishment of the United States Government. (b) ‘‘Armed Forces’’ of the United States means the Army, Navy, Air Force, Marine Corps, and Coast Guard. (c) ‘‘Commodity’’ includes any material, arti- cle, supply, goods, or equipment used for the purposes of furnishing nonmilitary assistance. (d) ‘‘Defense article’’ includes— (1) any weapon, weapons system, munition, aircraft, vessel, boat or other implement of war; (2) any property, installation, commodity, material, equipment, supply, or goods used for the purposes of furnishing military assistance; (3) any machinery, facility, tool, material supply, or other item necessary for the manu- facture, production, processing repair, serv- icing, storage, construction, transportation, operation, or use of any article listed in this subsection; or (4) any component or part of any article list- ed in this subsection; but Page 926 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2403 shall not include merchant vessels or, as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011), source material (except uranium depleted in the isotope 235 which is incorporated in defense articles solely to take advantage of high density or pyrophoric characteristics unre- lated to radioactivity), by-product material, special nuclear material, production facilities, utilization facilities, or atomic weapons or arti- cles involving Restricted Data. (e) ‘‘Defense information’’ includes any docu- ment, writing, sketch, photograph, plan, model, specification, design, prototype, or other re- corded or oral inform

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2751 — Need for international defense cooperation and military export controls; Presidential waiver; report to Congress; arms sales policy

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.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2751 — Need for international defense coopera-

§ 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

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2753 — Eligibility for defense services or defense articles

**(a) Prerequisites for consent by President; report to Congress** No defense article or defense service shall be sold or leased by the United States Government under this chapter to any country or international organization, and no agreement shall be entered into for a cooperative project (as defined in [section 2767 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2767&num=0&edition=prelim)), unless— (1) the President finds that the furnishing of defense articles and defense services to such country or international organization will strengthen the security of the United States and promote world peace; (2) the country or international organization shall have agreed not to transfer title to, or possession of, any defense article or related training or other defense service so furnished to it, or produced in a cooperative project (as defined in [section 2767 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2767&num=0&edition=prelim)), to anyone not an officer, employee, or agent of that country or international organization (or the North Atlantic Treaty Organization or the specified member countries (other than the United States) in the case of a cooperative project) and not to use or permit the use of such article or related training or other defense service for purposes other than those for which furnished unless the consent of the President has first been obtained; (3) the country or international organization shall have agreed that it will maintain the security of such article or service and will provide substantially the same degree of security protection afforded to such article or service by the United States Government; and (4) the country or international organization is oth

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2753 — Eligibility for defense services or defense

§ 2753. Eligibility for defense services or defense articles (a) Prerequisites for consent by President; report to Congress No defense article or defense service shall be sold or leased by the United States Government under this chapter to any country or inter- national organization, and no agreement shall be entered into for a cooperative project (as de- fined in section 2767 of this title), unless— (1) the President finds that the furnishing of defense articles and defense services to such country or international organization will strengthen the security of the United States and promote world peace; (2) the country or international organization shall have agreed not to transfer title to, or possession of, any defense article or related training or other defense service so furnished to it, or produced in a cooperative project (as defined in section 2767 of this title), to anyone not an officer, employee, or agent of that country or international organization (or the North Atlantic Treaty Organization or the specified member countries (other than the United States) in the case of a cooperative project) and not to use or permit the use of such article or related training or other de- fense service for purposes other than those for which furnished unless the consent of the President has first been obtained; (3) the country or international organization shall have agreed that it will maintain the se- curity of such article or service and will pro- vide substantially the same degree of security protection afforded to such article or service by the United States Government; and (4) the country or international organization is otherwise eligible to purchase or lease de- fense articles or defense services. In considering a request for approval

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2754 — Purposes for which military sales or leases by the United States are authorized; report to Congress

Defense articles and defense services shall be sold or leased by the United States Government under this chapter to friendly countries solely for internal security, for legitimate self-defense, for preventing or hindering the proliferation of weapons of mass destruction and of the means of delivering such weapons, to permit the recipient country to participate in regional or collective arrangements or measures consistent with the Charter of the United Nations, or otherwise to permit the recipient country to participate in collective measures requested by the United Nations for the purpose of maintaining or restoring international peace and security, or for the purpose of enabling foreign military forces in less developed friendly countries to construct public works and to engage in other activities helpful to the economic and social development of such friendly countries. It is the sense of the Congress that such foreign military forces should not be maintained or established solely for civic action activities and that such civic action activities not significantly detract from the capability of the military forces to perform their military missions and be coordinated with and form part of the total economic and social development effort: Provided, That none of the funds contained in this authorization shall be used to guarantee, or extend credit, or participate in an extension of credit in connection with any sale of sophisticated weapons systems, such as missile systems and jet aircraft for military purposes, to any underdeveloped country other than Greece, Turkey, Iran, Israel, the Republic of China, the Philippines and Korea unless the President determines that such financing is important to the national security of the United States and reports within thirty days e

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2794 — Definitions

For purposes of this chapter, the term— (1) “excess defense article” has the meaning provided by [section 2403(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2403/g&num=0&edition=prelim); (2) “value” means, in the case of an excess defense article, except as otherwise provided in [section 2761(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2761/a&num=0&edition=prelim), not less than the greater of— (A) the gross cost incurred by the United States Government in repairing, rehabilitating, or modifying such article, plus the scrap value; or (B) the market value, if ascertainable; (3) “defense article”, except as provided in paragraph (7) of this section, means, with respect to a sale or transfer by the United States under the authority of this chapter or any other foreign assistance or sales program of the United States— (A) any weapon, weapons system, munition, aircraft, vessel, boat, or other implement of war, (B) any property, installation, commodity, material, equipment, supply, or goods used for the purposes of making military sales, (C) any machinery, facility, tool, material, supply, or other item necessary for the manufacture, production, processing, repair, servicing, storage, construction, transportation, operation, or use of any article listed in this paragraph, and (D) any component or part of any article listed in this paragraph, but does not include merchant vessels or (as defined by the Atomic Energy Act of 1954 [[42 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) et seq.]) source material (except uranium depleted in the isotope 235 which is incorporated in defense articles so

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