1. U.S. Code
  2. title 22
  3. chapter 32
  4. subchapter III
  5. part I
  6. § 2358

Collapse to view only § 2358. Foreign and domestic excess property

§ 2351. Encouragement of free enterprise and private participation
(a) Policy of United States
(b) Action by President to facilitate participation to maximum extent
In order to encourage and facilitate participation by private enterprise to the maximum extent practicable in achieving any of the purposes of this chapter, the President shall—
(1) make arrangements to find, and draw the attention of private enterprise to, opportunities for investment and development in less-developed friendly countries and areas;
(2) establish an effective system for obtaining adequate information with respect to the activities of, and opportunities for, nongovernmental participation in the development process, and for utilizing such information in the planning, direction, and execution of programs carried out under this chapter, and in the coordination of such programs with the ever-increasing developmental activities of nongovernmental United States institutions;
(3) accelerate a program of negotiating treaties for commerce and trade, including tax treaties, which shall include provisions to encourage and facilitate the flow of private investment to, and its equitable treatment in, friendly countries and areas participating in programs under this chapter;
(4) seek, consistent with the national interest, compliance by other countries or areas with all treaties for commerce and trade and taxes, and take all reasonable measures under this chapter or other authority to secure compliance therewith and to assist United States citizens in obtaining just compensation for losses sustained by them or payments exacted from them as a result of measures taken or imposed by any country or area thereof in violation of any such treaty;
(5) to the maximum extent practicable carry out programs of assistance through private channels and to the extent practicable in conjunction with local private or governmental participation, including loans under the authority of section 2151t of this title to any individual, corporation, or other body of persons;
(6) take appropriate steps to discourage nationalization, expropriation, confiscation, seizure of ownership or control, of private investment and discriminatory or other actions having the effect thereof, undertaken by countries receiving assistance under this chapter, which divert available resources essential to create new wealth, employment, and productivity in those countries and otherwise impair the climate for new private investment essential to the stable economic growth and development of those countries;
(7) utilize wherever practicable the services of United States private enterprise (including, but not limited to, the services of experts and consultants in technical fields such as engineering); and
(8) utilize wherever practicable the services of United States private enterprise on a cost-plus incentive fee contract basis to provide the necessary skills to develop and operate a specific project or program of assistance in a less developed friendly country or area in any case in which direct private investment is not readily encouraged, and provide where appropriate for the transfer of equity ownership in such project or program to private investors at the earliest feasible time.
(c) International Private Investment Advisory Council on Foreign Aid; establishment; composition; selection of members by Administrator; duration of service; Chairman; duties of Council; compensation; travel and other expenses; funds for payment of expenses of Council
(1) There is hereby established an International Private Investment Advisory Council on Foreign Aid to be composed of such number of leading American business specialists as may be selected, from time to time, by the Administrator of the Agency for International Development for the purpose of carrying out the provisions of this subsection. The members of the Council shall serve at the pleasure of the Administrator, who shall designate one member to serve as Chairman.
(2) It shall be the duty of the Council, at the request of the Administrator, to make recommendations to the Administrator with respect to particular aspects of programs and activities under this chapter where private enterprise can play a contributing role and to act as liaison for the Administrator to involve specific private enterprises in such programs and activities.
(3) The members of the Advisory Council shall receive no compensation for their services but shall be entitled to reimbursement in accordance with section 5703 of title 5 for travel and other expenses incurred by them in the performance of their functions under this subsection.
(4) The expenses of the Advisory Council shall be paid by the Administrator from funds otherwise available under this chapter.
(d) Engineering and professional services of United States firms
(e) Contracts on basis of competitive selection procedures
(1) The Congress finds that significantly greater effort must be made in carrying out programs under subchapter I of this chapter to award contracts on the basis of competitive selection procedures. All such contracts should be let on the basis of competitive selection procedures except in those limited cases in which the procurement regulations governing the agency primarily responsible for administering subchapter I of this chapter allow noncompetitive procedures to be used.
(2) Repealed. Pub. L. 97–113, title VII, § 734(a)(1), Dec. 29, 1981, 95 Stat. 1560.
(Pub. L. 87–195, pt. III, § 601, Sept. 4, 1961, 75 Stat. 438; Pub. L. 88–205, pt. III, § 301(a), (b), Dec. 16, 1963, 77 Stat. 385; Pub. L. 88–633, pt. III, § 301(a), (b), Oct. 7, 1964, 78 Stat. 1012; Pub. L. 89–583, pt. III, § 301(a), Sept. 19, 1966, 80 Stat. 803; Pub. L. 90–137, pt. III, § 301(a), Nov. 14, 1967, 81 Stat. 458; Pub. L. 95–424, title I, § 102(g)(2)(B), title V, § 501, Oct. 6, 1978, 92 Stat. 942, 956; Pub. L. 97–113, title VII, § 734(a)(1), Dec. 29, 1981, 95 Stat. 1560.)

CITE AS: 22 USC 2351

§ 2352. Small business
(a) Assistance for participation in furnishing of commodities, defense articles, and services
Insofar as practicable and to the maximum extent consistent with the accomplishment of the purposes of this chapter, the President shall assist American small business to participate equitably in the furnishing of commodities, defense articles, and services (including defense services) financed with funds made available under this chapter—
(1) by causing to be made available to suppliers in the United States, and particularly to small independent enterprises, information, as far in advance as possible, with respect to purchases proposed to be financed with such funds;
(2) by causing to be made available to prospective purchasers in the countries and areas receiving assistance under this chapter information as to such commodities, articles, and services produced by small independent enterprises in the United States; and
(3) by providing for additional services to give small business better opportunities to participate in the furnishing of such commodities, articles, and services financed with such funds.
(b) Office of Small Business
(c) Information with respect to certain purchases by Department of Defense
(Pub. L. 87–195, pt. III, § 602, Sept. 4, 1961, 75 Stat. 439.)

CITE AS: 22 USC 2352

§ 2353. Shipping on United States vessels

The ocean transportation between foreign countries of commodities and defense articles purchased with foreign currencies made available or derived from funds made available under this chapter or the Food for Peace Act, as amended [7 U.S.C. 1691 et seq.], and transfers of fresh fruit and products thereof under this chapter, shall not be governed by the provisions of section 55305 of title 46, or any other law relating to the ocean transportation of commodities on United States flag vessels.

(Pub. L. 87–195, pt. III, § 603, Sept. 4, 1961, 75 Stat. 439; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(Q), June 18, 2008, 122 Stat. 1820.)

CITE AS: 22 USC 2353

§ 2354. Procurement
(a) Limitations on procurement outside United States
(1) Funds made available for assistance under this chapter may be used by the President for procurement—
(A) only in the United States, the recipient country, or developing countries; or
(B) in any other country but only if—
(i) the provision of such assistance requires commodities or services of a type that are not produced in and available for purchase in any country specified in subparagraph (A); or
(ii) the President determines, on a case-by-case basis, that procurement in such other country is necessary—(I) to meet unforeseen circumstances, such as emergency situations, where it is important to permit procurement in a country not specified in subparagraph (A); or(II) to promote efficiency in the use of United States foreign assistance resources, including to avoid impairment of foreign assistance objectives.
(2) For purposes of this subsection, the term “developing countries” shall not include advanced developing countries.
(b) Purchases in bulk
(c) Agricultural commodities or products thereof available for disposition under Food for Peace Act
(d) Marine insurance
(e) Parity for domestic commodities prior to use of funds outside United States
(f) Commodity eligibility
(g) Construction or engineering services; applicability to advanced developing country
(1) None of the funds authorized to be appropriated or made available for obligation or expenditure under this chapter may be made available for the procurement of construction or engineering services from advanced developing countries, eligible under the Geographic Code 941, which have attained a competitive capability in international markets for construction services or engineering services.
(2) Paragraph (1) does not apply with respect to an advanced developing country which—
(A) is receiving direct economic assistance under part I of subchapter I of this chapter or part IV of subchapter II of this chapter, and
(B) if the country has its own foreign assistance programs which finance the procurement of construction or engineering services, permits United States firms to compete for those services.
(Pub. L. 87–195, pt. III, § 604, Sept. 4, 1961, 75 Stat. 439; Pub. L. 89–583, pt. III, § 301(b), Sept. 19, 1966, 80 Stat. 804; Pub. L. 90–554, pt. III, § 301(a), Oct. 8, 1968, 82 Stat. 963; Pub. L. 96–533, title VII, § 705, Dec. 16, 1980, 94 Stat. 3157; Pub. L. 99–83, title XII, § 1207, Aug. 8, 1985, 99 Stat. 278; Pub. L. 102–391, title V, § 597, Oct. 6, 1992, 106 Stat. 1694; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(Q), June 18, 2008, 122 Stat. 1820.)

CITE AS: 22 USC 2354

§ 2355. Retention and use of certain items and funds
(a) Commodities and defense articles; disposal to prevent spoilage or wastage or to conserve usefulness; funds realized from disposal or transfer
(b) Commodities transferred as repayment of assistance
(c) Funds realized as result of illegal transactions
(d) Funds realized from sale, transfer, or disposal of returned defense articles
(Pub. L. 87–195, pt. III, § 605, Sept. 4, 1961, 75 Stat. 440; Pub. L. 89–171, pt. III, § 301(a), Sept. 6, 1965, 79 Stat. 658.)

CITE AS: 22 USC 2355

§ 2356. Patents and technical information
(a) Practice of invention or disclosure of information; suits against United States for reasonable compensation; jurisdiction; limitation of action; defenses
Whenever, in connection with the furnishing of assistance under this chapter—
(1) an invention or discovery covered by a patent issued by the United States Government is practiced within the United States without the authorization of the owner, or
(2) information, which is (A) protected by law, and (B) held by the United States Government subject to restrictions imposed by the owner, is disclosed by the United States Government or any of its officers, employees, or agents in violation of such restrictions,
the exclusive remedy of the owner, except as provided in subsection (b) of this section, is to sue the United States Government for reasonable and entire compensation for such practice or disclosure in the district court of the United States for the district in which such owner is a resident, or in the United States Court of Federal Claims, within six years after the cause of action arises. Any period during which the United States Government is in possession of a written claim under subsection (b) of this section before mailing a notice of denial of that claim does not count in computing the six years. In any such suit, the United States Government may plead any defense that may be pleaded by a private person in such an action. The last paragraph of section 1498(a) of title 28 shall apply to inventions and information covered by this section.
(b) Settlement of claims
(c) Drug products manufactured outside the United States
(Pub. L. 87–195, pt. III, § 606, Sept. 4, 1961, 75 Stat. 440; Pub. L. 97–164, title I, § 160(a)(6), Apr. 2, 1982, 96 Stat. 48; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)

CITE AS: 22 USC 2356

§ 2357. Furnishing of services and commodities
(a) Advance-of-funds or reimbursement basisWhenever the President determines it to be consistent with and in furtherance of the purposes of subchapter I of this chapter and within the limitations of this chapter, any agency of the United States Government is authorized to furnish services and commodities on an advance-of-funds or reimbursement basis to friendly countries, international organizations, the American Red Cross, and voluntary nonprofit relief agencies registered with and approved by the Agency for International Development (including foreign voluntary nonprofit relief agencies so registered and approved when no United States voluntary nonprofit relief agency is available). Such advances or reimbursements may be credited to the currently applicable appropriation, account, or fund of the agency concerned and shall be available for the purposes for which such appropriation, account, or fund is authorized to be used, under the following circumstances:
(1) Advances or reimbursements which are received under this section within one hundred and eighty days after the close of the fiscal year in which such services and commodities are delivered.
(2) Advances or reimbursements received pursuant to agreements executed under this section in which reimbursement will not be completed within one hundred and eighty days after the close of the fiscal year in which such services and commodities are delivered: Provided, That such agreements require the payment of interest at the current rate established pursuant to section 635(b)(1)(B) of title 12, and repayment of such principal and interest does not exceed a period of three years from the date of signing of the agreement to provide the service: Provided further, That funds available for this paragraph in any fiscal year shall not exceed $1,000,000 of the total funds authorized for use in such fiscal year by part I of subchapter I of this chapter, and shall be available only to the extent provided in appropriation Acts. Interest shall accrue as of the date of disbursement to the agency or organization providing such services.
(b) Agency contracts with individuals to perform services
(c) Excess property
(1) Except as provided in subsection (d), no Government-owned excess property shall be made available under this section, section 2358 of this title
(A) that there is a need for such property in the quantity requested and that such property is suitable for the purpose requested;
(B) as to the status and responsibility of the designated end-user and his ability effectively to use and maintain such property; and
(C) that the residual value, serviceability, and appearance of such property would not reflect unfavorably on the image of the United States and would justify the costs of packing, crating, handling, transportation, and other accessorial costs, and that the residual value at least equals the total of these costs.
(2) For purposes of transferring property described in this subsection in furtherance of the provisions of part VIII of subchapter I of this chapter, the phrase “the agency administering such subchapter I” shall be considered to refer to the Department of State.
(d) Transfer of Government-owned excess property to enhance environmental protection in foreign countriesThe Secretary of State, acting through the Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs, is authorized to transfer to any friendly country, international organization, the American Red Cross, or other voluntary nonprofit relief agency described in subsection (a), Government-owned excess property made available under this section or section 2358 of this title in order to support activities carried out under subchapter I of this chapter which are designed to enhance environmental protection in foreign countries if the Secretary of State makes a written determination—
(1) that there is a need for such property in the quantity requested and that such property is suitable for the purpose requested;
(2) as to the status and responsibility of the designated end-user and his ability effectively to use and maintain such property; and
(3) that the residual value, serviceability, and appearance of such property would not reflect unfavorably on the image of the United States and would justify the costs of packing, crating, handling, transportation, and other accessorial costs, and that the residual value at least equals the total of these costs.
(Pub. L. 87–195, pt. III, § 607, Sept. 4, 1961, 75 Stat. 441; Pub. L. 90–554, pt. III, § 301(b), Oct. 8, 1968, 82 Stat. 963; Pub. L. 94–161, title III, § 315, Dec. 20, 1975, 89 Stat. 867; Pub. L. 95–88, title I, § 122(a), Aug. 3, 1977, 91 Stat. 541; Pub. L. 95–424, title V, § 503, Oct. 6, 1978, 92 Stat. 959; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 96–53, title I, § 121, Aug. 14, 1979, 93 Stat. 366; Pub. L. 99–93, title I, § 129, Aug. 16, 1985, 99 Stat. 419.)

CITE AS: 22 USC 2357

§ 2358. Foreign and domestic excess property
(a) Advance acquisition of property; special account for payment of costs; limitation; use of property
(b) Transfer of domestic excess property
(Pub. L. 87–195, pt. III, § 608, Sept. 4, 1961, 75 Stat. 441; Pub. L. 89–583, pt. III, § 301(c), Sept. 19, 1966, 80 Stat. 804; Pub. L. 90–137, pt. III, § 301(b), Nov. 14, 1967, 81 Stat. 458; Pub. L. 95–424, title I, § 102(g)(2)(C), Oct. 6, 1978, 92 Stat. 942; Pub. L. 97–113, title VII, § 701, Dec. 29, 1981, 95 Stat. 1543.)

CITE AS: 22 USC 2358

§ 2359. Repealed. Pub. L. 105–277, div. A, § 101(d) [title V, § 533(a)(5)], Oct. 21, 1998, 112 Stat. 2681–150, 2681–180

CITE AS: 22 USC 2359

§ 2360. Transfer of funds between accounts
(a) Necessity of transfer; limitations
(b) Augmentation of other appropriations
(c) Military and development assistance purposes
(Pub. L. 87–195, pt. III, § 610,

CITE AS: 22 USC 2360

§ 2361. Completion of plans and cost estimates
(a) Restriction on agreements or grants
No agreement or grant which constitutes an obligation of the United States Government in excess of $500,000 under section 1501 of title 31 shall be made for any assistance authorized under part I of subchapter I of this chapter, subpart II of part II of subchapter I of this chapter, or part IV of subchapter II of this chapter—
(1) if such agreement or grant requires substantive technical or financial planning, until engineering, financial, and other plans necessary to carry out such assistance, and a reasonably firm estimate of the cost to the United States Government of providing such assistance, have been completed; and
(2) if such agreement or grant requires legislative action within the recipient country, unless such legislative action may reasonably be anticipated to be completed in time to permit the orderly accomplishment of the purposes of such agreement or grant.
(b) Plans for water or related land resource construction projects; computation of benefits and costs
(c) Contracts for construction outside United States; competitive basis
(d) Engineering, financial, and other plans
(e) Certification of country capability to maintain and utilize projects as prerequisite to assistance for capital projects exceeding cost limitations
(Pub. L. 87–195, pt. III, § 611, Sept. 4, 1961, 75 Stat. 442; Pub. L. 87–565, pt. III, § 301(b), Aug. 1, 1962, 76 Stat. 260; Pub. L. 88–205, pt. III, § 301(c), Dec. 16, 1963, 77 Stat. 385; Pub. L. 90–137, pt. II, § 301(d), Nov. 14, 1967, 81 Stat. 458; Pub. L. 95–424, title I, § 102(g)(2)(D), (E), Oct. 6, 1978, 92 Stat. 943; Pub. L. 96–53, title I, § 117, Aug. 14, 1979, 93 Stat. 365; Pub. L. 99–83, title XII, §§ 1208, 1211(b)(2), Aug. 8, 1985, 99 Stat. 278, 279.)

CITE AS: 22 USC 2361

§ 2362. Use of foreign currencies
(a) Currencies received in payment for nonmilitary assistance; foreign obligations
(b) United States operations abroad; excess foreign currencies
(c) Voluntary family planning programs; limitation
(d) Reciprocal release of dollar value equivalents
(Pub. L. 87–195, pt. III, § 612, Sept. 4, 1961, 75 Stat. 443; Pub. L. 88–205, pt. III, § 301(d), Dec. 16, 1963, 77 Stat. 385; Pub. L. 88–633, pt. III, § 301(c), Oct. 7, 1964, 78 Stat. 1012; Pub. L. 88–638, § 2(1), Oct. 8, 1964, 78 Stat. 1037; Pub. L. 89–171, pt. III, § 301(b), Sept. 6, 1965, 79 Stat. 659; Pub. L. 89–583, pt. III, § 301(e), Sept. 19, 1966, 80 Stat. 805; Pub. L. 91–175, pt. III, § 302, Dec. 30, 1969, 83 Stat. 820; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(Q), June 18, 2008, 122 Stat. 1820.)

CITE AS: 22 USC 2362

§ 2363. Accounting, valuation, reporting, and administration of foreign currencies
(a) Responsibility of Secretary of the Treasury; regulations
(b) Establishment of exchange rates
(c) Repealed. Pub. L. 97–113, title VII, § 734(a)(1), Dec. 29, 1981, 95 Stat. 1560
(d) Interest income on foreign currency proceeds; regulations; waiver; report to Congress
(Pub. L. 87–195, pt. III, § 613, Sept. 4, 1961, 75 Stat. 443; Pub. L. 89–171, pt. III, § 301(c), Sept. 6, 1965, 79 Stat. 659; Pub. L. 94–273, § 46, Apr. 21, 1976, 90 Stat. 382; Pub. L. 97–113, title VII, § 734(a)(1), Dec. 29, 1981, 95 Stat. 1560.)

CITE AS: 22 USC 2363

§ 2364. Special authorities
(a) Furnishing of assistance and arms export sales, credits, and guaranties upon determination and notification of Congress of importance and vitality of such action to security interests and national security interests of United States; policy justification; fiscal year limitations; transfers between accounts
(1) The President may authorize the furnishing of assistance under this chapter without regard to any provision of this chapter, the Arms Export Control Act [22 U.S.C. 2751 et seq.], any law relating to receipts and credits accruing to the United States, and any Act authorizing or appropriating funds for use under this chapter, in furtherance of any of the purposes of this chapter, when the President determines, and so notifies in writing the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, that to do so is important to the security interests of the United States.
(2) The President may make sales, extend credit, and issue guaranties under the Arms Export Control Act [22 U.S.C. 2751 et seq.], without regard to any provision of this chapter, the Arms Export Control Act, any law relating to receipts and credits accruing to the United States, and any Act authorizing or appropriating funds for use under the Arms Export Control Act, in furtherance of any of the purposes of such Act, when the President determines, and so notifies in writing the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, that to do so is vital to the national security interests of the United States.
(3) Before exercising the authority granted in this subsection, the President shall consult with, and shall provide a written policy justification to, the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
(4)
(A) The authority of this subsection may not be used in any fiscal year to authorize—
(i) more than $750,000,000 in sales to be made under the Arms Export Control Act [22 U.S.C. 2751 et seq.];
(ii) the use of more than $250,000,000 of funds made available for use under this chapter or the Arms Export Control Act; and
(iii) the use of more than $100,000,000 of foreign currencies accruing under this chapter or any other law.
(B) If the authority of this subsection is used both to authorize a sale under the Arms Export Control Act and to authorize funds to be used under the Arms Export Control Act or under this chapter with respect to the financing of that sale, then the use of the funds shall be counted against the limitation in subparagraph (A)(ii) and the portion, if any, of the sale which is not so financed shall be counted against the limitation in subparagraph (A)(i).
(C) Not more than $50,000,000 of the $250,000,000 limitation provided in subparagraph (A)(ii) may be allocated to any one country in any fiscal year unless that country is a victim of active aggression, and not more than $500,000,000 of the aggregate limitation of $1,000,000,000 provided in subparagraphs (A)(i) and (A)(ii) may be allocated to any one country in any fiscal year.
(5) The authority of this section may not be used to waive the limitations on transfers contained in section 2360(a) of this title.
(b) United States obligations in West Germany
(c) Certification by President of inadvisability to specify nature of use of funds; reports to Congress
(Pub. L. 87–195, pt. III, § 614, Sept. 4, 1961, 75 Stat. 444; Pub. L. 89–583, pt. III, § 301(f), (g), Sept. 19, 1966, 80 Stat. 805; Pub. L. 90–137, pt. III, § 301(e), Nov. 14, 1967, 81 Stat. 459; Pub. L. 93–559, § 19(b), Dec. 30, 1974, 88 Stat. 1800; Pub. L. 96–533, title I, § 117(a), Dec. 16, 1980, 94 Stat. 3140; Pub. L. 99–83, title I, § 128,

CITE AS: 22 USC 2364

§ 2365. Contract authority

Provisions of this chapter authorizing the appropriation of funds shall be construed to authorize the granting in any appropriation Act of authority to enter into contracts, within the amounts so authorized to be appropriated, creating obligations in advance of appropriations.

(Pub. L. 87–195, pt. III, § 615, Sept. 4, 1961, 75 Stat. 444.)

CITE AS: 22 USC 2365

§ 2366. Availability of funds

Except as otherwise provided in this chapter, funds shall be available to carry out the provisions of this chapter as authorized and appropriated to the President each fiscal year.

(Pub. L. 87–195, pt. III, § 616, Sept. 4, 1961, 75 Stat. 444.)

CITE AS: 22 USC 2366

§ 2367. Termination expenses
(a) In general
(b) Liability to contractors
(c) Termination expenses
(d) Guaranty programs
(e) Relation to other provisions
(Pub. L. 87–195, pt. III, § 617, Sept. 4, 1961, 75 Stat. 444; Pub. L. 93–189, § 14, Dec. 17, 1973, 87 Stat. 722; Pub. L. 96–533, title III, § 310, Dec. 16, 1980, 94 Stat. 3148; Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XII, § 1221], Nov. 29, 1999, 113 Stat. 1536, 1501A–498; Pub. L. 106–264, title III, § 302, Aug. 19, 2000, 114 Stat. 760.)

CITE AS: 22 USC 2367

§ 2368. Assistance for a reconstruction and stabilization crisis
(a) Assistance
(1) In general
(2) Funds described
(3) Rule of construction
(b) Limitation
(Pub. L. 87–195, pt. III, § 618, as added Pub. L. 110–417, [div. A], title XVI, § 1604, Oct. 14, 2008, 122 Stat. 4654.)

CITE AS: 22 USC 2368

§ 2369. Repealed. Pub. L. 95–424, title VI, § 604, Oct. 6, 1978, 92 Stat. 961

CITE AS: 22 USC 2369

§ 2370. Prohibitions against furnishing assistance
(a) Cuba; embargo on all trade
(1) No assistance shall be furnished under this chapter to the present government of Cuba. As an additional means of implementing and carrying into effect the policy of the preceding sentence, the President is authorized to establish and maintain a total embargo upon all trade between the United States and Cuba.
(2) Except as may be deemed necessary by the President in the interest of the United States, no assistance shall be furnished under this chapter to any government of Cuba, nor shall Cuba be entitled to receive any quota authorizing the importation of Cuban sugar into the United States or to receive any other benefit under any law of the United States, until the President determines that such government has taken appropriate steps according to international law standards to return to United States citizens, and to entities not less than 50 per centum beneficially owned by United States citizens, or to provide equitable compensation to such citizens and entities for property taken from such citizens and entities on or after January 1, 1959, by the Government of Cuba.
(b) Repealed. Pub. L. 97–113, title VII, § 734(a)(1), Dec. 29, 1981, 95 Stat. 1560
(c) Indebtedness of foreign country to United States citizen or person
(d) Productive enterprises competing with United States enterprise; conditions on assistance; import controls; waiver of restriction by President
(e) Nationalization, expropriation or seizure of property of United States citizens, or taxation or other exaction having same effect; failure to compensate or to provide relief from taxes, exactions, or conditions; report on full value of property by Foreign Claims Settlement Commission; act of state doctrine
(1) The President shall suspend assistance to the government of any country to which assistance is provided under this chapter or any other Act when the government of such country or any government agency or subdivision within such country on or after January 1, 1962—
(A) has nationalized or expropriated or seized ownership or control of property owned by any United States citizen or by any corporation, partnership, or association not less than 50 per centum beneficially owned by United States citizens, or
(B) has taken steps to repudiate or nullify existing contracts or agreements with any United States citizen or any corporation, partnership, or association not less than 50 per centum beneficially owned by United States citizens, or
(C) has imposed or enforced discriminatory taxes or other exactions, or restrictive maintenance or operational conditions, or has taken other actions, which have the effect of nationalizing, expropriating, or otherwise seizing ownership or control of property so owned,
and such country, government agency, or government subdivision fails within a reasonable time (not more than six months after such action, or, in the event of a referral to the Foreign Claims Settlement Commission of the United States within such period as provided herein, not more than twenty days after the report of the Commission is received) to take appropriate steps, which may include arbitration, to discharge its obligations under international law toward such citizen or entity, including speedy compensation for such property in convertible foreign exchange, equivalent to the full value thereof, as required by international law, or fails to take steps designed to provide relief from such taxes, exactions, or conditions, as the case may be; and such suspension shall continue until the President is satisfied that appropriate steps are being taken, and provisions of this subsection shall not be waived with respect to any country unless the President determines and certifies that such a waiver is important to the national interests of the United States. Such certification shall be reported immediately to Congress.
Upon request of the President (within seventy days after such action referred to in subparagraphs (A), (B), or (C) of this paragraph, the Foreign Claims Settlement Commission of the United States (established pursuant to Reorganization Plan No. 1 of 1954, 68 Stat. 1279) is hereby authorized to evaluate expropriated property, determining the full value of any property nationalized, expropriated, or seized, or subjected to discriminatory or other actions as aforesaid, for purposes of this subsection and to render an advisory report to the President within ninety days after such request. Unless authorized by the President, the Commission shall not publish its advisory report except to the citizen or entity owning such property. There is hereby authorized to be appropriated such amount, to remain available until expended, as may be necessary from time to time to enable the Commission to carry out expeditiously its functions under this subsection.
(2) Notwithstanding any other provision of law, no court in the United States shall decline on the ground of the federal act of state doctrine to make a determination on the merits giving effect to the principles of international law in a case in which a claim of title or other rights to property is asserted by any party including a foreign state (or a party claiming through such state) based upon (or traced through) a confiscation or other taking after January 1, 1959, by an act of that state in violation of the principles of international law, including the principles of compensation and the other standards set out in this subsection: Provided, That this subparagraph shall not be applicable (1) in any case in which an act of a foreign state is not contrary to international law or with respect to a claim of title or other right to property acquired pursuant to an irrevocable letter of credit of not more than 180 days duration issued in good faith prior to the time of the confiscation or other taking, or (2) in any case with respect to which the President determines that application of the act of state doctrine is required in that particular case by the foreign policy interests of the United States and a suggestion to this effect is filed on his behalf in that case with the court.
(f) Prohibition against assistance to Communist countries; conditions for waiver of restriction by President; enumeration of Communist countries; removal from application of provisions; preconditions
(1) No assistance shall be furnished under this chapter, (except section 2174(b) of this title) to any Communist country. This restriction may not be waived pursuant to any authority contained in this chapter unless the President finds and promptly reports to Congress that: (A) such assistance is vital to the security of the United States; (B) the recipient country is not controlled by the international Communist conspiracy; and (C) such assistance will further promote the independence of the recipient country from international communism. For the purposes of this subsection, the phrase “Communist country” includes specifically, but is not limited to, the following countries:

Democratic People’s Republic of Korea,

People’s Republic of China,

Republic of Cuba,

Socialist Republic of Vietnam,

Tibet,1

1 So in original. The comma probably should be a period.

(2) Notwithstanding the provisions of paragraph (1) of this subsection, the President may remove a country, for such period as the President determines, from the application of this subsection, and other provisions which reference this subsection, if the President determines and reports to the Congress that such action is important to the national interest of the United States. It is the sense of the Congress that when consideration is given to authorizing assistance to a country removed from the application of this subsection, one of the factors to be weighed, among others, is whether the country in question is giving evidence of fostering the establishment of a genuinely democratic system, with respect for internationally recognized human rights.
(g) Use of assistance funds to compensate owners for expropriated or nationalized property; waiver for land reform programs
(h) Regulations and procedures to insure aid is not used contrary to the best interests of the United States
(i) Repealed. Pub. L. 97–113, title VII, § 734(a)(1), Dec. 29, 1981, 95 Stat. 1560
(j) Damage or destruction by mob action of United States property; termination of assistance
(k) Maximum amount of assistance, including military assistance to individual countries without approval of or presentation to Congress
(l) Institution of investment guaranty program
(m) Repealed. Pub. L. 97–113, title VII, § 734(a)(1), Dec. 29, 1981, 95 Stat. 1560
(n) Repealed. Pub. L. 95–88, title I, § 123(b), Aug. 3, 1977, 91 Stat. 541
(o) Exclusion from assistance of countries seizing or imposing penalties or sanctions against United States fishing vessels
(p) Repealed. Pub. L. 93–559, § 44, Dec. 30, 1974, 88 Stat. 1813
(q) Defaults in principal or interest payments on loans; meeting obligations under loans; notice to Congressional committees
(1) No assistance shall be furnished under this chapter to the government of any country which is in default, during a period in excess of six calendar months, in payment to the United States of principal or interest on any loan made to the government of such country under this chapter, unless the government of such country meets its obligations under the loan or unless the President determines, after consultation with the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate, that assistance for such country is in the national interest of the United States.
(2) No assistance shall be furnished under this chapter, the Peace Corps Act [22 U.S.C. 2501 et seq.], the Millennium Challenge Act of 2003 [22 U.S.C. 7701 et seq.], the African Development Foundation Act [22 U.S.C. 290h et seq.], the BUILD Act of 2018 [22 U.S.C. 9601 et seq.], section 5854 of this title, or section 2763 of this title to the government of any country which is in default during a period in excess of 1 calendar year in payment to the United States of principal or interest or any loan made to the government of such country by the United States unless the President determines, following consultation with the congressional committees specified in paragraph (1), that assistance for such country is in the national interest of the United States.
(r) Liability for repayment of principal or interest on loans outstanding after September 19, 1966
(s) Restraint of arms races and proliferation of sophisticated weapons
(1) In order to restrain arms races and proliferation of sophisticated weapons, and to ensure that resources intended for economic development are not diverted to military purposes, the President shall take into account before furnishing development loans, Alliance loans or supporting assistance to any country under this chapter, and before making sales under the Food for Peace Act, as amended [7 U.S.C. 1691 et seq.]:
(A) the percentage of the recipient or purchasing country’s budget which is devoted to military purposes; and
(B) the degree to which the recipient or purchasing country is using its foreign exchange or other resources to acquire military equipment.
(2) Omitted.
(t) Diplomatic relations; severance, resumption, and negotiation of agreements
(u) Status of country with respect to obligations to the United Nations; report to Congress
(v) Repealed. Pub. L. 93–559, § 24, Dec. 30, 1974, 88 Stat. 1802
(w) Repealed. Pub. L. 95–424, title V, § 502(d)(1), Oct. 6, 1978, 92 Stat. 959
(x) Omitted
(y) Limitation on assistance to countries aiding Cuba nuclear development
(1) Except as provided in paragraph (2), the President shall withhold from amounts made available under this chapter or any other Act and allocated for a country for a fiscal year an amount equal to the aggregate value of nuclear fuel and related assistance and credits provided by that country, or any entity of that country, to Cuba during the preceding fiscal year.
(2)
(A) has ratified the Treaty on the Non-Proliferation of Nuclear Weapons (21 UST 483) or the Treaty of Tlatelelco, and Cuba is in compliance with the requirements of either such Treaty;
(B) has negotiated and is in compliance with full-scope safeguards of the International Atomic Energy Agency not later than two years after ratification by Cuba of such Treaty; and
(C) incorporates and is in compliance with internationally accepted nuclear safety standards.
(3) The Secretary of State shall prepare and submit to the Congress each year a report containing a description of the amount of nuclear fuel and related assistance and credits provided by any country, or any entity of a country, to Cuba during the preceding year, including the terms of each transfer of such fuel, assistance, or credits.
(Pub. L. 87–195, pt. III, § 620, Sept. 4, 1961, 75 Stat. 444; Pub. L. 87–565, pt. III, § 301(d), Aug. 1, 1962, 76 Stat. 260; Pub. L. 88–205, pt. III, § 301(e), Dec. 16, 1963, 77 Stat. 386; Pub. L. 88–633, pt. III, § 301(d)–(g), Oct. 7, 1964, 78 Stat. 1013; Pub. L. 89–171, pt. III, § 301(d), Sept. 6, 1965, 79 Stat. 659; Pub. L. 89–583, pt. III, § 301(h), Sept. 19, 1966, 80 Stat. 805, 806; Pub. L. 90–137, pt. III, § 301(f), Nov. 14, 1967, 81 Stat. 459; Pub. L. 90–554, pt. III, § 301(c), Oct. 8, 1968, 82 Stat. 963; Pub. L. 91–175, pt. III, § 303, Dec. 30, 1969, 83 Stat. 820; Pub. L. 92–226, pt. III, § 301, Feb. 7, 1972, 86 Stat. 27; Pub. L. 93–189, § 15, Dec. 17, 1973, 87 Stat. 722; Pub. L. 93–559, §§ 22–24, 44, Dec. 30, 1974, 88 Stat. 1801, 1802, 1813; Pub. L. 94–104, § 2(c)(1), (2), Oct. 6, 1975, 89 Stat. 509; Pub. L. 94–329, title IV, § 403, title VI, § 606, June 30, 1976, 90 Stat. 757, 768; Pub. L. 95–88, title I, § 123(a), (b), Aug. 3, 1977, 91 Stat. 541; Pub. L. 95–92, § 22(d), Aug. 4, 1977, 91 Stat. 624; Pub. L. 95–384, § 13(a), Sept. 26, 1978, 92 Stat. 737; Pub. L. 95–424, title I, §§ 102(g)(2)(F), 115(k), title V, § 502(d)(1), Oct. 6, 1978, 92 Stat. 943, 952, 959; Pub. L. 96–533, title II, § 203, Dec. 16, 1980, 94 Stat. 3145; Pub. L. 97–113, title VII, §§ 702, 707, 734(a)(1), (13), (b), Dec. 29, 1981, 95 Stat. 1544, 1546, 1560; Pub. L. 99–83, title XII, §§ 1202, 1203, Aug. 8, 1985, 99 Stat. 276, 277; Pub. L. 102–511, title IX, § 901, Oct. 24, 1992, 106 Stat. 3355; Pub. L. 103–199, title VII, § 705(3), Dec. 17, 1993, 107 Stat. 2328; Pub. L. 103–306, title V, § 573, Aug. 23, 1994, 108 Stat. 1653; Pub. L. 105–277, div. G, subdiv. B, title XXVIII, § 2810(a), Oct. 21, 1998, 112 Stat. 2681–850; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(Q), June 18, 2008, 122 Stat. 1820; Pub. L. 117–81, div. E, title LVII, § 5701, Dec. 27, 2021, 135 Stat. 2381.)

CITE AS: 22 USC 2370

§ 2370a. Expropriation of United States property
(a) ProhibitionNone of the funds made available to carry out this Act, the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], or the Arms Export Control Act [22 U.S.C. 2751 et seq.] may be provided to a government or any agency or instrumentality thereof, if the government of such country (other than a country described if 1
1 So in original. Probably should be “in”.
subsection (d))—
(1) has on or after January 1, 1956—
(A) nationalized or expropriated the property of any United States person,
(B) repudiated or nullified any contract with any United States person, or
(C) taken any other action (such as the imposition of discriminatory taxes or other exactions) which has the effect of seizing ownership or control of the property of any United States person, and
(2) has not, within the period specified in subsection (c), either—
(A) returned the property,
(B) provided adequate and effective compensation for such property in convertible foreign exchange or other mutually acceptable compensation equivalent to the full value thereof, as required by international law,
(C) offered a domestic procedure providing prompt, adequate and effective compensation in accordance with international law, or
(D) submitted the dispute to arbitration under the rules of the Convention for the Settlement of Investment Disputes or other mutually agreeable binding international arbitration procedure.
(b) Other actions
(c) Period for settlement of claimsThe period of time described in subsection (a)(2) is the latest of the following—
(1) 3 years after the date on which a claim was filed,
(2) in the case of a country that has a totalitarian or authoritarian government at the time of the action described in subsection (a)(1), 3 years after the date of installation of a democratically elected government, or
(3) 90 days after April 30, 1994.
(d) Excepted countries and territories
(e) Resumption of assistance
(f) Reporting requirementNot later than 90 days after April 30, 1994, and at the beginning of each fiscal year thereafter, the Secretary of State shall transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate, a report containing the following:
(1) A list of every country in which the United States Government is aware that a United States person has an outstanding expropriation claim.
(2) The total number of such outstanding expropriation claims made by United States persons against each such country.
(3) The period of time in which each such claim has been outstanding.
(4) The status of each case and efforts made by the United States Government and the government of the country in which such claim has been made, to take one or more of the steps described in subsection (a)(2).
(5) Each project a United States Executive Director voted against as a result of the action described in subsection (b).
(g) Waiver
(h) “United States person” defined
(i) Certain claims for expropriation by the Government of Nicaragua
(1) Any action of the types set forth in subparagraphs (A), (B), and (C) of subsection (a)(1) that was taken by the Government of Nicaragua during the period beginning on January 1, 1956, and ending on January 9, 2002, shall not be considered in implementing the prohibition under subsection (a) unless the action has been presented in accordance with the procedure set forth in paragraph (2).
(2) An action shall be deemed presented for purposes of paragraph (1) if it is—
(A) in writing; and
(B) received by the United States Department of State on or before 120 days after the date specified in paragraph (3) at—
(i) the headquarters of the United States Department of State in Washington, D.C.; or
(ii) the Embassy of the United States of America to Nicaragua.
(3) The date to which paragraph (2) refers is a date after December 8, 2004, that is specified by the Secretary of State, in the Secretary’s discretion, in a notice published in the Federal Register.
(Pub. L. 103–236, title V, § 527, Apr. 30, 1994, 108 Stat. 475; Pub. L. 108–447, div. D, title V, § 584(c), Dec. 8, 2004, 118 Stat. 3032.)

CITE AS: 22 USC 2370a

§ 2370b. Humanitarian assistance code of conduct
(a) In general
(b) Consistency with United Nations principles
(c) Reports
(d) Effective Date
(Pub. L. 109–13, div. A, title II, § 2110, May 11, 2005, 119 Stat. 268.)

CITE AS: 22 USC 2370b

§ 2370c. DefinitionsIn sections 2370c to 2370c–2 of this title:
(1) Appropriate congressional committeesThe term “appropriate congressional committees” means—
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of Representatives; and
(D) the Committee on Appropriations of the House of Representatives.
(2) Child soldierConsistent with the provisions of the Optional Protocol to the Convention of the Rights of the Child, the term “child soldier”—
(A) means—
(i) any person under 18 years of age who takes a direct part in hostilities as a member of governmental armed forces, police, or other security forces;
(ii) any person under 18 years of age who has been compulsorily recruited into governmental armed forces, police, or other security forces;
(iii) any person under 15 years of age who has been voluntarily recruited into governmental armed forces, police, or other security forces; or
(iv) any person under 18 years of age who has been recruited or used in hostilities by armed forces distinct from the armed forces of a state; and
(B) includes any person described in clause (ii), (iii), or (iv) of subparagraph (A) who is serving in any capacity, including in a support role such as a cook, porter, messenger, medic, guard, or sex slave.
(Pub. L. 110–457, title IV, § 402, Dec. 23, 2008, 122 Stat. 5088; Pub. L. 115–425, title II, § 212(a), Jan. 8, 2019, 132 Stat. 5485.)

CITE AS: 22 USC 2370c

§ 2370c–1. Prohibition
(a) In general
(b) Identification and notification to countries in violation of standards
(1) Publication of list of foreign governments
(2) Notification
(A) In general
(B) Congressional notification
(c) National interest waiver
(1) Waiver
(2) Publication and notification
(d) Reinstatement of assistance
The President may provide to a country assistance otherwise prohibited under subsection (a) upon certifying to the appropriate congressional committees that the government of such country—
(1) has implemented measures that include an action plan and actual steps to come into compliance with the standards outlined in subsection (b); and
(2) has implemented policies and mechanisms to prohibit and prevent future government or government-supported use of child soldiers and to ensure that no children are recruited, conscripted, or otherwise compelled to serve as child soldiers.
(e) Exception for programs directly related to addressing the problem of child soldiers or professionalization of the military
(1) In general
The President may provide assistance under section 2347 of this title through the Defense Institute for International Legal Studies or the Center for Civil-Military Relations at the Naval Post-Graduate School, and may provide nonlethal supplies (as defined in section 2557(d)(1)(B) of title 10), to a country subject to the prohibition under subsection (a) upon certifying to the appropriate congressional committees that—
(A) the government of such country is taking reasonable steps to implement effective measures to demobilize child soldiers in its forces or in government-supported paramilitaries and is taking reasonable steps within the context of its national resources to provide demobilization, rehabilitation, and reintegration assistance to those former child soldiers; and
(B) the assistance provided by the United States Government to the government of such country will go to programs that will directly support professionalization of the military.
(2) Limitation
(f) Exception for peacekeeping operations
(Pub. L. 110–457, title IV, § 404, Dec. 23, 2008, 122 Stat. 5089; Pub. L. 113–4, title XII, § 1208, Mar. 7, 2013, 127 Stat. 142; Pub. L. 115–425, title II, § 212(b), Jan. 8, 2019, 132 Stat. 5485.)

CITE AS: 22 USC 2370c-1

§ 2370c–2. Reports
(a) Investigation of allegations regarding child soldiers
(b) Information for annual Human Rights Reports
In preparing those portions of the annual Human Rights Report that relate to child soldiers under sections 2151n and 2304 of this title, the Secretary of State shall ensure that such reports include a description of the use of child soldiers in each foreign country, including—
(1) trends toward improvement in such country of the status of child soldiers or the continued or increased tolerance of such practices; and
(2) the role of the government of such country in engaging in or tolerating the use of child soldiers.
(c) Annual report to Congress
If a country is notified pursuant to section 2370c–1(b)(2) of this title, or a waiver is granted pursuant to section 2370c–1(c)(1) of this title, the President shall submit a report to the appropriate congressional committees not later than June 15 of the following year. The report shall include—
(1) a list of the countries receiving notification that they are in violation of the standards under sections 2370c to 2370c–2 of this title;
(2) a description and the amount of any assistance withheld under this title pursuant to the application to those countries of the prohibition in section 2370c–1(a) of this title;
(3) a list of any waivers or exceptions exercised under sections 2370c to 2370c–2 of this title;
(4) justification for any such waivers and exceptions; and
(5) a description and the amount of any assistance provided under sections 2370c to 2370c–2 of this title pursuant to the issuance of such waiver.
(d) Information to be included in annual trafficking in persons report
(Pub. L. 110–457, title IV, § 405, Dec. 23, 2008, 122 Stat. 5090; Pub. L. 115–425, title II, § 212(c), Jan. 8, 2019, 132 Stat. 5486.)

CITE AS: 22 USC 2370c-2

§ 2371. Prohibition on assistance to governments supporting international terrorism
(a) Prohibition
(b) Publication of determinations
(c) RescissionA determination made by the Secretary of State under subsection (a) may not be rescinded unless the President submits to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate—
(1) before the proposed rescission would take effect, a report certifying that—
(A) there has been a fundamental change in the leadership and policies of the government of the country concerned;
(B) that government is not supporting acts of international terrorism; and
(C) that government has provided assurances that it will not support acts of international terrorism in the future; or
(2) at least 45 days before the proposed rescission would take effect, a report justifying the rescission and certifying that—
(A) the government concerned has not provided any support for international terrorism during the preceding 6-month period; and
(B) the government concerned has provided assurances that it will not support acts of international terrorism in the future.
(d) WaiverAssistance prohibited by subsection (a) may be provided to a country described in that subsection if—
(1) the President determines that national security interests or humanitarian reasons justify a waiver of subsection (a), except that humanitarian reasons may not be used to justify assistance under subchapter II of this chapter (including part IV, part VI, and part VIII), or the Export-Import Bank Act of 1945 [12 U.S.C. 635 et seq.]; and
(2) at least 15 days before the waiver takes effect, the President consults with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate regarding the proposed waiver and submits a report to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate containing—
(A) the name of the recipient country;
(B) a description of the national security interests or humanitarian reasons which require the waiver;
(C) the type and amount of and the justification for the assistance to be provided pursuant to the waiver; and
(D) the period of time during which such waiver will be effective.
The waiver authority granted in this subsection may not be used to provide any assistance under this chapter which is also prohibited by section 2780 of this title.
(Pub. L. 87–195, pt. III, § 620A, as added Pub. L. 94–329, title III, § 303, June 30, 1976, 90 Stat. 753; amended Pub. L. 99–83, title V, § 503(a), Aug. 8, 1985, 99 Stat. 220; Pub. L. 99–190, § 101(i) [title V, § 521], Dec. 19, 1985, 99 Stat. 1291, 1305; Pub. L. 101–222, § 5, Dec. 12, 1989, 103 Stat. 1897; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(Q), June 18, 2008, 122 Stat. 1820.)

CITE AS: 22 USC 2371

§ 2372. Repealed. Pub. L. 97–113, title VII, § 725(a), Dec. 29, 1981, 95 Stat. 1553

CITE AS: 22 USC 2372

§ 2372a. Renewal, reissuance, etc., of export licenses to or for Argentina

Any export license referred to in section 2372 1

1 See References in Text note below.
of this title which is issued initially on or before September 30, 1978 may from time to time thereafter be renewed, reissued or modified (or in the event of lapse of such license, replacement licenses may be issued), provided that any such renewal, reissuance or modification (or any such replacement license) does not change significantly any such license as initially issued.

(Pub. L. 95–240, title II, § 210, Mar. 7, 1978, 92 Stat. 118.)

CITE AS: 22 USC 2372a

§ 2373. Eastern Mediterranean policy requirements
(a) Congressional declaration and statement of findings
The Congress declares that the achievement of a just and lasting Cyprus settlement is and will remain a central objective of United States foreign policy. The Congress further declares that any action of the United States with respect to section 2370(x) 1
1 See References in Text note below.
of this title shall not signify a lessening of the United States commitment to a just solution to the conflict on Cyprus but is authorized in the expectation that this action will be conducive to achievement of a Cyprus solution and a general improvement in relations among Greece, Turkey, and Cyprus and between those countries and the United States. The Congress finds that—
(1) a just settlement on Cyprus must involve the establishment of a free and independent government on Cyprus and must guarantee that the human rights of all of the people of Cyprus are fully protected;
(2) a just settlement on Cyprus must include the withdrawal of Turkish military forces from Cyprus;
(3) the guidelines for inter-communal talks agreed to in Nicosia in February 1977 and the United Nations resolutions regarding Cyprus provide a sound basis for negotiation of a just settlement on Cyprus;
(4) serious negotiations, under United Nations auspices, will be necessary to achieve agreement on, and implementation of, constitutional and territorial terms within such guidelines; and
(5) the recent proposals by both Cypriot communities regarding the return of the refugees to the city of New Famagusta (Varosha) constitute a positive step and the United States should actively support the efforts of the Secretary General of the United Nations with respect to this issue.
(b) Governing principles
United States policy regarding Cyprus, Greece, and Turkey shall be directed toward the restoration of a stable and peaceful atmosphere in the Eastern Mediterranean region and shall therefore be governed by the following principles:
(1) The United States shall actively support the resolution of differences through negotiations and internationally established peaceful procedures, shall encourage all parties to avoid provocative actions, and shall strongly oppose any attempt to resolve disputes through force or threat of force.
(2) The United States will accord full support and high priority to efforts, particularly those of the United Nations, to bring about a prompt, peaceful settlement on Cyprus.
(3) All defense articles furnished by the United States to countries in the Eastern Mediterranean region will be used only in accordance with the requirements of this chapter, the Arms Export Control Act [22 U.S.C. 2751 et seq.], and the agreements under which those defense articles were furnished.
(4) The United States will furnish security assistance for Greece and Turkey only when furnishing that assistance is intended solely for defensive purposes, including when necessary to enable the recipient country to fulfill its responsibilities as a member of the North Atlantic Treaty Organization, and shall be designed to ensure that the present balance of military strength among countries of the region, including between Greece and Turkey, is preserved. Nothing in this paragraph shall be construed to prohibit the transfer of defense articles to Greece or Turkey for legitimate self defense or to enable Greece or Turkey to fulfill their North Atlantic Treaty Organization obligations.
(5) The United States shall use its influence to ensure the continuation of the ceasefire on Cyprus until an equitable negotiated settlement is reached.
(6) The United States shall use its influence to achieve the withdrawal of Turkish military forces from Cyprus in the context of a solution to the Cyprus problem.
(c) Review of policy; report to Congress
(d) Certification by President to Congress of assistance to Greece and Turkey
(e) Arms sales agreements to prohibit transfer to Cyprus
(1) Except as provided in paragraph (3), any agreement for the sale or provision of any article on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act [22 U.S.C. 2778]) entered into by the United States after December 22, 1987, shall expressly state that the article is being provided by the United States only with the understanding that it will not be transferred to Cyprus or otherwise used to further the severance or division of Cyprus.
(2) The President shall report to Congress any substantial evidence that equipment provided under any such agreement has been used in a manner inconsistent with the purposes of this subsection.
(3) The requirement under paragraph (1) shall not apply to any sale or other provision of any defense article or defense service to Cyprus if the end-user of such defense article or defense service is the Government of the Republic of Cyprus.
(Pub. L. 87–195, pt. III, § 620C, as added Pub. L. 95–384, § 13(b), Sept. 26, 1978, 92 Stat. 737; amended Pub. L. 100–202, § 101(e) [title V, § 562], Dec. 22, 1987, 101 Stat. 1329–131, 1329–171; Pub. L. 116–92, div. A, title XII, § 1250A(b), Dec. 20, 2019, 133 Stat. 1665; Pub. L. 116–94, div. J, title II, § 205(b), Dec. 20, 2019, 133 Stat. 3052.)

CITE AS: 22 USC 2373

§ 2374. Repealed. Pub. L. 108–458, title VII, § 7104(l), Dec. 17, 2004, 118 Stat. 3788

CITE AS: 22 USC 2374

§ 2375. Assistance to Pakistan
(a) Congressional policy, findings, and goals
(b) Reaffirmation of 1959 bilateral agreement
(c) Availability; defensive aspects of assistance
(d) Waiver of limitations respecting nuclear transfers
(e) Nuclear non-proliferation conditions on military assistance; exception
(1) No military assistance shall be furnished to Pakistan and no military equipment or technology shall be sold or transferred to Pakistan, pursuant to the authorities contained in this chapter or any other Act, unless the President shall have certified in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, during the fiscal year in which military assistance is to be furnished or military equipment or technology is to be sold or transferred, that Pakistan does not possess a nuclear explosive device and that the proposed United States military assistance program will reduce significantly the risk that Pakistan will possess a nuclear explosive device.
(2) The prohibitions in this section do not apply to any assistance or transfer provided for the purposes of:
(A) International narcotics control (including part VIII of subchapter I of this chapter) or any provision of law available for providing assistance for counternarcotics purposes.
(B) Facilitating military-to-military contact, training (including part V of subchapter II of this chapter) and humanitarian and civic assistance projects.
(C) Peacekeeping and other multilateral operations (including part VI of subchapter II of this chapter relating to peacekeeping) or any provision of law available for providing assistance for peacekeeping purposes, except that lethal military equipment provided under this subparagraph shall be provided on a lease or loan basis only and shall be returned upon completion of the operation for which it was provided.
(D) Antiterrorism assistance (including part VIII of subchapter II of this chapter relating to antiterrorism assistance) or any provision of law available for antiterrorism assistance purposes.
(3) The restrictions of this subsection shall continue to apply to contracts for the delivery of F–16 aircraft to Pakistan.
(4) Notwithstanding the restrictions contained in this subsection, military equipment, technology, or defense services, other than F–16 aircraft, may be transferred to Pakistan pursuant to contracts or cases entered into before October 1, 1990.
(f) Storage costs
(g) Inapplicability of restrictions to previously owned items
(h) Ballistic missile sanctions not affected
(Pub. L. 87–195, pt. III, § 620E, as added Pub. L. 97–113, title VII, § 736, Dec. 29, 1981, 95 Stat. 1561; amended Pub. L. 99–83, title IX, § 902, Aug. 8, 1985, 99 Stat. 267; Pub. L. 100–202, § 101(e) [title V, § 557], Dec. 22, 1987, 101 Stat. 1329–131, 1329–170; Pub. L. 101–167, title V, § 591, Nov. 21, 1989, 103 Stat. 1253; Pub. L. 101–513, title V, § 574(a), Nov. 5, 1990, 104 Stat. 2042; Pub. L. 102–145, § 118, as added Pub. L. 102–266, § 102, Apr. 1, 1992, 106 Stat. 93; Pub. L. 102–391, title V, § 570(a), Oct. 6, 1992, 106 Stat. 1681; Pub. L. 103–87, title V, § 536(a), Sept. 30, 1993, 107 Stat. 955; Pub. L. 103–236, title VIII, § 822(b)(2), Apr. 30, 1994, 108 Stat. 512; Pub. L. 104–107, title V, § 559(a), Feb. 12, 1996, 110 Stat. 743.)

CITE AS: 22 USC 2375

§ 2376. Nuclear non-proliferation policy in South Asia
(a) Findings
The Congress finds that—
(1) the proliferation of weapons of mass destruction remains one of the most serious threats to international peace and stability;
(2) South Asia, in particular, is an area where the threat of a regional nuclear exchange remains high due to continued Indo-Pakistani tensions over issues such as Kashmir;
(3) to date, United States efforts to halt proliferation in South Asia have failed;
(4) although global disarmament is a desirable goal which should be vigorously pursued, both regional and sub-regional security arrangements can serve to decrease tensions and promote non-proliferation in certain areas;
(5) thus far, there has been some success on a regional basis, such as the South Pacific Nuclear Weapons Free Zone and the Treaty of Tlatelolco in Latin America;
(6) in particular, in Latin America, the Treaty of Tlatelolco has been signed by all the nuclear powers;
(7) a critical part of this treaty is Protocol II which prohibits nuclear attacks by nuclear weapons states on signatories to the treaty;
(8) in 1991, a proposal was made for a regional conference on non-proliferation in South Asia which would include Pakistan, India, the People’s Republic of China, the Soviet Union, and the United States; and
(9) thus far, Pakistan, China, Russia, and the United States have expressed interest in attending such a conference, whereas India has refused to attend.
(b) Policy
(Pub. L. 87–195, pt. III, § 620F, as added Pub. L. 102–391, title V, § 585(a), Oct. 6, 1992, 106 Stat. 1688; amended Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2219(b), Oct. 21, 1998, 112 Stat. 2681–817; Pub. L. 113–188, title XIV, § 1401, Nov. 26, 2014, 128 Stat. 2023.)

CITE AS: 22 USC 2376

§ 2377. Prohibition on assistance to countries that aid terrorist states
(a) Withholding of assistance
(b) Waiver
Assistance prohibited by this section may be furnished to a foreign government described in subsection (a) if the President determines that furnishing such assistance is important to the national interests of the United States and, not later than 15 days before obligating such assistance, furnishes a report to the appropriate committees of Congress including—
(1) a statement of the determination;
(2) a detailed explanation of the assistance to be provided;
(3) the estimated dollar amount of the assistance; and
(4) an explanation of how the assistance furthers United States national interests.
(Pub. L. 87–195, pt. III, § 620G, as added Pub. L. 104–132, title III, § 325, Apr. 24, 1996, 110 Stat. 1256.)

CITE AS: 22 USC 2377

§ 2378. Prohibition on assistance to countries that provide military equipment to terrorist states
(a) Prohibition
(1) In general
(2) Applicability
(b) Waiver
Notwithstanding any other provision of law, assistance may be furnished to a foreign government described in subsection (a) if the President determines that furnishing such assistance is important to the national interests of the United States and, not later than 15 days before obligating such assistance, furnishes a report to the appropriate committees of Congress including—
(1) a statement of the determination;
(2) a detailed explanation of the assistance to be provided;
(3) the estimated dollar amount of the assistance; and
(4) an explanation of how the assistance furthers United States national interests.
(Pub. L. 87–195, pt. III, § 620H, as added Pub. L. 104–132, title III, § 326, Apr. 24, 1996, 110 Stat. 1256.)

CITE AS: 22 USC 2378

§ 2378–1. Prohibition on assistance to countries that restrict United States humanitarian assistance
(a) In general
(b) Exception
(c) Notice
(Pub. L. 87–195, pt. III, § 620I, as added Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 559], Sept. 30, 1996, 110 Stat. 3009–121, 3009–161.)

CITE AS: 22 USC 2378-1

§ 2378a. Depleted uranium ammunition
(a) Prohibition
Except as provided in subsection (b), none of the funds made available to carry out this chapter or any other Act may be made available to facilitate in any way the sale of M–833 antitank shells or any comparable antitank shells containing a depleted uranium penetrating component to any country other than—
(1) a country that is a member of the North Atlantic Treaty Organization;
(2) a country that has been designated as a major non-NATO ally (as defined in section 2403(q) of this title); or
(3) Taiwan.
(b) Exception
(Pub. L. 87–195, pt. III, § 620J, formerly § 620G, as added Pub. L. 104–164, title I, § 149, July 21, 1996, 110 Stat. 1436; renumbered § 620J, Pub. L. 109–446, § 2(b)(1), Dec. 21, 2006, 120 Stat. 3318.)

CITE AS: 22 USC 2378a

§ 2378b. Limitation on assistance to the Palestinian Authority
(a) Limitation
(b) CertificationA certification described in subsection (a) is a certification transmitted by the President to Congress that contains a determination of the President that—
(1) no ministry, agency, or instrumentality of the Palestinian Authority is effectively controlled by Hamas, unless the Hamas-controlled Palestinian Authority has—
(A) publicly acknowledged the Jewish state of Israel’s right to exist; and
(B) committed itself and is adhering to all previous agreements and understandings with the United States Government, with the Government of Israel, and with the international community, including agreements and understandings pursuant to the Performance-Based Roadmap to a Permanent Two-State Solution to the Israeli-Palestinian Conflict (commonly referred to as the “Roadmap”); and
(2) the Hamas-controlled Palestinian Authority has made demonstrable progress toward—
(A) completing the process of purging from its security services individuals with ties to terrorism;
(B) dismantling all terrorist infrastructure within its jurisdiction, confiscating unauthorized weapons, arresting and bringing terrorists to justice, destroying unauthorized arms factories, thwarting and preempting terrorist attacks, and fully cooperating with Israel’s security services;
(C) halting all anti-American and anti-Israel incitement in Palestinian Authority-controlled electronic and print media and in schools, mosques, and other institutions it controls, and replacing educational materials, including textbooks, with materials that promote peace, tolerance, and coexistence with Israel;
(D) ensuring democracy, the rule of law, and an independent judiciary, and adopting other reforms such as ensuring transparent and accountable governance; and
(E) ensuring the financial transparency and accountability of all government ministries and operations.
(c) RecertificationsNot later than 90 days after the date on which the President transmits to Congress an initial certification under subsection (b), and every six months thereafter—
(1) the President shall transmit to Congress a recertification that the conditions described in subsection (b) are continuing to be met; or
(2) if the President is unable to make such a recertification, the President shall transmit to Congress a report that contains the reasons therefor.
(d) Congressional notification
(e) National security waiver
(1) In generalSubject to paragraph (2), the President may waive subsection (a) with respect to—
(A) the administrative and personal security costs of the Office of the President of the Palestinian Authority;
(B) the activities of the President of the Palestinian Authority to fulfill his or her duties as President, including to maintain control of the management and security of border crossings, to foster the Middle East peace process, and to promote democracy and the rule of law; and
(C) assistance for the judiciary branch of the Palestinian Authority and other entities.
(2) CertificationThe President may only exercise the waiver authority under paragraph (1) after—
(A) consulting with, and submitting a written policy justification to, the appropriate congressional committees; and
(B) certifying to the appropriate congressional committees that—
(i) it is in the national security interest of the United States to provide assistance otherwise prohibited under subsection (a); and
(ii) the individual or entity for which assistance is proposed to be provided is not a member of, or effectively controlled by (as the case may be), Hamas or any other foreign terrorist organization.
(3) Report
(4) Treatment of certification as notification of program change
(f) DefinitionsIn this section:
(1) Appropriate congressional committeesThe term “appropriate congressional committees” means—
(A) the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
(2) Foreign terrorist organization
(3) Palestinian Authority
(Pub. L. 87–195, pt. III, § 620K, as added, Pub. L. 109–446, § 2(b)(2), Dec. 21, 2006, 120 Stat. 3318.)

CITE AS: 22 USC 2378b

§ 2378c. Limitation on assistance for the West Bank and Gaza
(a) Limitation
(b) ExceptionsSubsection (a) shall not apply with respect to the following:
(1) Assistance to meet basic human needs
(2) Assistance to promote democracy
(3) Assistance for individual members of the Palestinian Legislative Council
(4) Other types of assistanceAny other type of assistance if the President—
(A) determines that the provision of such assistance is in the national security interest of the United States; and
(B) not less than 30 days prior to the obligation of amounts for the provision of such assistance—
(i) consults with the appropriate congressional committees regarding the specific programs, projects, and activities to be carried out using such assistance; and
(ii) submits to the appropriate congressional committees a written memorandum that contains the determination of the President under subparagraph (A).
(c) Marking requirement
(d) Congressional notification
(e) DefinitionsIn this section:
(1) Appropriate congressional committeesthe 1
1 So in original. Probably should be capitalized.
term “appropriate congressional committees” means—
(A) the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
(2) Foreign terrorist organization
(Pub. L. 87–195, pt. III, § 620L, as added Pub. L. 109–446, § 3(a), Dec. 21, 2006, 120 Stat. 3320.)

CITE AS: 22 USC 2378c

§ 2378c–1. Limitation on assistance to the West Bank and Gaza
(a) Limitation
(1) In general
Funds authorized to be appropriated or otherwise made available for assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to Economic Support Fund) and available for assistance for the West Bank and Gaza that directly benefits the Palestinian Authority may only be made available for such purpose if, except as provided in subsection (d), not later than 30 days after March 23, 2018, and every 180 days thereafter, the Secretary of State certifies in writing to the appropriate congressional committees that the Palestinian Authority, the Palestine Liberation Organization, and any successor or affiliated organizations—
(A) are taking credible steps to end acts of violence against Israeli citizens and United States citizens that are perpetrated or materially assisted by individuals under their jurisdictional control, such as the March 2016 attack that killed former United States Army officer Taylor Force, a veteran of the wars in Iraq and Afghanistan;
(B) have terminated payments for acts of terrorism against Israeli citizens and United States citizens to any individual, after being fairly tried, who has been imprisoned for such acts of terrorism and to any individual who died committing such acts of terrorism, including to a family member of such individuals;
(C) have revoked any law, decree, regulation, or document authorizing or implementing a system of compensation for imprisoned individuals that uses the sentence or period of incarceration of an individual imprisoned for an act of terrorism to determine the level of compensation paid, or have taken comparable action that has the effect of invalidating any such law, decree, regulation, or document; and
(D) are publicly condemning such acts of violence and are taking steps to investigate or are cooperating in investigations of such acts to bring the perpetrators to justice.
(2) Additional certification requirement
(b) Exception
(1) In general
Subject to paragraph (2), the limitation on assistance under subsection (a) shall not apply to—
(A) payments made to the East Jerusalem Hospital Network;
(B) assistance for wastewater projects not exceeding $5,000,000 in any one fiscal year; and
(C) assistance for any other program, project, or activity that provides vaccinations to children not exceeding $500,000 in any one fiscal year.
(2) Notification
(c) Rule of construction
Funds withheld pursuant to this section—
(1) shall be deemed to satisfy any similar withholding or reduction required under any other provision of law relating to the Palestinian Authority’s payments for acts of terrorism; and
(2) shall be in an amount that is not less than the total amount required by such other provision of law.
(d) Initial use and disposition of withheld funds
(1) Period of availability
(2) Use of funds
(3) Disposition of unused funds
Beginning on the date that is 180 days after the last day on which the initial availability of funds withheld pursuant to this section would otherwise have expired, such funds are authorized to be made available to the Department of State for assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to Economic Support Fund) in the following manner—
(A) 50 percent for purposes of assistance other than that deemed benefiting the Palestinian Authority; and
(B) 50 percent for purposes other than assistance for the West Bank and Gaza.
(e) Report
(1) In general
If the Secretary of State is unable to certify in writing to the appropriate congressional committees that the Palestinian Authority, the Palestine Liberation Organization, and any successor or affiliated organizations have met the conditions described in subsection (a), the Secretary shall, not later than 15 days after the date on which the Secretary is unable to make such certification, submit to the appropriate congressional committees a report that contains the following:
(A) The reasons why the Secretary was unable to certify in writing that such organizations have met such requirements.
(B) The definition of “acts of terrorism” that the Secretary used for purposes of making the determination in subparagraph (B) of subsection (a)(1).
(C) The total amount of funds to be withheld.
(2) Form
(f) List of criteria
(1) In general
(2) Update
(Pub. L. 115–141, div. S, title X, § 1004, Mar. 23, 2018, 132 Stat. 1144.)

CITE AS: 22 USC 2378c-1

§ 2378d. Limitation on assistance to security forces
(a) In general
(b) Exception
(c) Duty to inform
(1) If assistance to a foreign security force is provided in a manner in which the recipient unit or units cannot be identified prior to the transfer of assistance, the Secretary of State shall regularly provide a list of units prohibited from receiving assistance pursuant to this section to the recipient government and the appropriate congressional committees and, effective December 31, 2022, such assistance shall only be made available subject to a written agreement that the recipient government will comply with such prohibition.
(2) If the recipient government withholds assistance from a unit pursuant to this section, the Secretary shall inform the appropriate congressional committees and shall, to the maximum extent practicable, assist the foreign government in bringing the responsible members of the unit to justice.
(d) Credible information
The Secretary shall establish, and periodically update, procedures to—
(1) ensure that for each country the Department of State has a current list of all security force units receiving United States training, equipment, or other types of assistance;
(2) facilitate receipt by the Department of State and United States embassies of information from individuals and organizations outside the United States Government about gross violations of human rights by security force units;
(3) routinely request and obtain such information from the Department of Defense, the Central Intelligence Agency, and other United States Government sources;
(4) ensure that such information is evaluated and preserved;
(5) ensure that when an individual is designated to receive United States training, equipment, or other types of assistance the individual’s unit is vetted as well as the individual;
(6) seek to identify the unit involved when credible information of a gross violation exists but the identity of the unit is lacking; and
(7) make publicly available, to the maximum extent practicable, the identity of those units for which no assistance shall be furnished pursuant to subsection (a).
(e) Definitions
(1) For the purposes of subsection (d)(7), the term “to the maximum extent practicable” means that the identity of such units shall be made publicly available unless the Secretary of State, on a case-by-case basis, determines and reports to the appropriate congressional committees that public disclosure is not in the national security interest of the United States and provides a detailed justification for such determination, which may be submitted in classified form.
(2) For the purposes of this section, “appropriate congressional committees” means the Committee on Foreign Relations and the Committee on Appropriations of the Senate, and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.
(Pub. L. 87–195, pt. III, § 620M, formerly § 620J, as added Pub. L. 110–161, div. J, title VI, § 651, Dec. 26, 2007, 121 Stat. 2341; renumbered § 620M and amended Pub. L. 112–74, div. I, title VII, § 7034(k), Dec. 23, 2011, 125 Stat. 1216; Pub. L. 113–76, div. K, title VII, § 7034(l), Jan. 17, 2014, 128 Stat. 515; Pub. L. 117–103, div. K, title VII, § 7035(b)(6), Mar. 15, 2022, 136 Stat. 629.)

CITE AS: 22 USC 2378d