From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(g)(8)]
[Document affected by Public Law 107-115 Section 548]
[CITE: 22USC2778]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 39--ARMS EXPORT CONTROL
SUBCHAPTER III--MILITARY EXPORT CONTROLS
Sec. 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
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--
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\1\ So in original. There are two subpars. designated ``(B)''.
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(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 App. U.S.C. 2410(c), (d), (e), and (g)],
and by subsections (a) and (c) of section 12 of such Act [50 App. U.S.C.
2411(a) and (c)], subject to the same terms and conditions as are
applicable to such powers under such Act [50 App. U.S.C. 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. 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 [50 App. U.S.C. 2401 et
seq.].
(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),
or
(xi) section 603(b) or (c) of the Comprehensive Anti-
Apartheid Act of 1986 (22 U.S.C. 5113(b) and (c));
(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 \2\ paragraph (1)--
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\2\ So in original. Probably should be followed by ``in''.
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(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.
(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.)
References in Text
The Export Administration Act of 1979, referred to in subsecs. (e)
and (f)(1), 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.
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.
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
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.
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 Secretary of the
Treasury, 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.
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 App. U.S.C. 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, 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.]
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].'']
[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, 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 16-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 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, set
out as a note 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, formerly
set out as a note 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, formerly
set out as a note 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, set out
as a note under section 1701 of Title 50.
Ex. Ord. No. 12730, Sec. 3, Sept. 30, 1990, 55 F.R. 40373, formerly
set out as a note 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, set out as
a note under section 1701 of Title 50.
Ex. Ord. No. 12470, Sec. 3, Mar. 30, 1984, 49 F.R. 13099, formerly
set out as a note 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, set out as
a note under section 1701 of Title 50.
Ex. Ord. No. 12444, Sec. 3, Oct. 14, 1983, 48 F.R. 48215, formerly
set out as a note under section 1701 of Title 50, prior to revocation by
Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563.
Section Referred to in Other Sections
This section is referred to in sections 2291-5, 2304, 2373, 2415,
2751, 2753, 2767, 2770, 2776, 2779, 2780, 2785, 2791, 2794, 2797a, 7203
of this title; title 10 sections 2350, 2563, 4543, 4687; title 12
section 635; title 18 sections 1956, 2516; title 26 section 5847; title
50 sections 415, 2332; title 50 App. sections 2410, 2410b, 2416.