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—
Editorial Notes
References in TextSection 2370(x) of this title, referred to in subsec. (a), was omitted. See Codification note set out under section 2370 of this title.
This chapter, referred to in subsecs. (span)(3) and (d), was in the original “this Act”, meaning Puspan. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
The Arms Export Control Act, referred to in subsecs. (span)(3) and (d), is Puspan. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.
Prior ProvisionsProvisions similar to those in subsec. (e) of this section were contained in the following appropriation acts:
Puspan. L. 102–391, title V, § 557, Oct. 6, 1992, 106 Stat. 1676.
Puspan. L. 101–513, title V, § 560, Nov. 5, 1990, 104 Stat. 2026.
Puspan. L. 101–167, title V, § 570, Nov. 21, 1989, 103 Stat. 1245.
Puspan. L. 100–461, title V, § 579, Oct. 1, 1988, 102 Stat. 2268–48.
Amendments2019—Subsec. (e)(1). Puspan. L. 116–92, § 1250A(span)(1), and Puspan. L. 116–94, § 205(span)(1), made identical amendments, substituting “Except as provided in paragraph (3), any agreement” for “Any agreement”.
Subsec. (e)(3). Puspan. L. 116–92, § 1250A(span)(2), and Puspan. L. 116–94, § 205(span)(2), made identical amendments, adding par. (3).
1987—Subsec. (e). Puspan. L. 100–202 added subsec. (e).
Statutory Notes and Related Subsidiaries
Eastern Mediterranean Security and Energy PartnershipPuspan. L. 117–81, div. A, title XIII, § 1312, Dec. 27, 2021, 135 Stat. 2000, provided that:“(a)In General.—To the maximum extent feasible, amounts appropriated or otherwise made available for the European Recapitalization Incentive Program should be considered for Greece as appropriate to assist the country in meeting its defense needs and transitioning away from Russian-produced military equipment.
“(span)Report.—Not later than 180 days after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of State shall submit to the appropriate congressional committees a report that provides a full accounting of all funds distributed under the European Recapitalization Incentive Program, including—“(1) identification of each recipient country;
“(2) a description of how the funds were used; and
“(3) an accounting of remaining equipment in recipient countries that was provided by the then-Soviet Union or Russian Federation.”
[For definition of “appropriate congressional committees” as used in section 1312 of Puspan. L. 117–81, set out above, see section 1317 of Puspan. L. 117–81, set out below.]
Puspan. L. 116–94, div. J, title II, Dec. 20, 2019, 133 Stat. 3048, provided that:“SEC. 201. SHORT TITLE.“This title may be cited as the ‘Eastern Mediterranean Security and Energy Partnership Act of 2019’.
“SEC. 202. FINDINGS.“Congress makes the following findings:“(1) The security of partners and allies in the Eastern Mediterranean region is critical to the security of the United States and Europe.
“(2) Greece is a valuable member of the North Atlantic Treaty Organization (NATO) and a key pillar of stability in the Eastern Mediterranean.
“(3) Israel is a steadfast ally of the United States and has been designated a ‘major non-NATO ally’ and ‘major strategic partner’.
“(4) Cyprus is a key strategic partner and signed a Statement of Intent with the United States on November 6, 2018, to enhance bilateral security cooperation.
“(5) The countries of Greece, Cyprus, and Israel have participated in critical trilateral summits to improve cooperation on energy and security issues.
“(6) Secretary of State Mike Pompeo participated in the trilateral summit among Israel, Greece, and Cyprus on March 20, 2019.
“(7) The United States, Israel, Greece, and Cyprus oppose any action in the Eastern Mediterranean and the Aegean Sea that could challenge stability, violate international law, or undermine good neighborly relations, and in a joint declaration on March 21, 2019, agreed to ‘defend against external malign influences in the Eastern Mediterranean and the broader Middle East’.
“(8) The recent discovery of what may be the region’s largest natural gas field off the Egyptian coast and the newest discoveries of natural gas off the coast of Cyprus could represent a significant and positive development for the Eastern Mediterranean and the Middle East, enhancing the region’s strategic energy significance.
“(9) It is in the national security interest of the United States to promote, achieve, and maintain energy security among, and through cooperation with, allies.
“(10) Natural gas developments in the Eastern Mediterranean have the potential to provide economic gains and contribute to energy security in the region and Europe, as well as support European efforts to diversify away from natural gas supplied by the Russian Federation.
“(11) The soon to be completed Trans Adriatic Pipeline is a critical component of the Southern Gas Corridor and the European Union’s efforts to diversify energy resources.
“(12) The proposed Eastern Mediterranean pipeline, if commercially viable, would provide for energy diversification in accordance with the European Union’s third energy package of reforms.
“(13) The United States acknowledges the achievements and importance of the Binational Industrial Research and Development Foundation (BIRD) and the United States-Israel Binational Science Foundation (BSF) and supports continued multiyear funding to ensure the continuity of the programs of the Foundations.
“(14) The United States has welcomed Greece’s allocation of 2 percent of its gross domestic product (GDP) to defense in accordance with commitments made at the 2014 NATO Summit in Wales.
“(15) Energy exploration in the Eastern Mediterranean region must be safeguarded against threats posed by terrorist and extremist groups, including Hezbollah and any other actor in the region.
“(16) The energy exploration in the Republic of Cyprus’s Exclusive Economic Zone and territorial waters—“(A) furthers United States interests by providing a potential alternative to Russian gas for United States allies and partners; and
“(B) should not be impeded by other sovereign states.
“(17) The United States Government cooperates closely with Cyprus, Greece, and Israel through information sharing agreements.
“(18) United States officials have assisted the Government of the Republic of Cyprus with crafting that nation’s national security strategy.
“(19) The United States Government provides training to Cypriot officials in areas such as cybersecurity, counterterrorism, and explosive ordnance disposal and stockpile management.
“(20) Israel, Greece, and Cyprus are valued members of the Proliferation Security Initiative to combat the trafficking of weapons of mass destruction.
“(21) The Republic of Cyprus continues to work closely with the United Nations and regional partners in Europe to combat terrorism and violent extremism.
“(22) Despite robust economic and security relations with the United States, the Republic of Cyprus has been subject to a United States prohibition on the export of defense articles and services since 1987.
“(23) The 1987 arms prohibition was designed to restrict United States arms sales and transfers to the Republic of Cyprus and the occupied part of Cyprus to avoid hindering reunification efforts.
“(24) At least 40,000 Turkish troops are stationed in the occupied part of Cyprus with some weapons procured from the United States through mainland Turkey.
“(25) While the United States has, as a matter of policy, avoided the provision of defense articles and services to the Republic of Cyprus, the Government of Cyprus has, in the past, sought to obtain defense articles from other countries, including countries, such as Russia, that pose challenges to United States interests around the world.
“SEC. 203. STATEMENT OF POLICY.“It is the policy of the United States—“(1) to continue to actively participate in the trilateral dialogue on energy, maritime security, cybersecurity and protection of critical infrastructure conducted among Israel, Greece, and Cyprus;
“(2) to support diplomatic efforts with partners and allies to deepen energy security cooperation among Greece, Cyprus, and Israel and to encourage the private sector to make investments in energy infrastructure in the Eastern Mediterranean region;
“(3) to strongly support the completion of the Trans Adriatic and Eastern Mediterranean Pipelines and the establishment of liquified natural gas (LNG) terminals across the Eastern Mediterranean as a means of diversifying regional energy needs away from the Russian Federation;
“(4)
Repeal of Prohibition on Transfer of Articles on the United States Munitions List to the Republic of CyprusPuspan. L. 116–92, div. A, title XII, § 1250A, Dec. 20, 2019, 133 Stat. 1665, provided that:“(a)Sense of Congress.—It is the sense of Congress that—“(1) allowing for the export, re-export or transfer of arms subject to the United States Munitions List (part 121 of title 22, Code of Federal Regulations) to the Republic of Cyprus would advance United States security interests in Europe by helping to reduce the dependence of the Government of the Republic of Cyprus on other countries, including countries that pose challenges to United States interests around the world, for defense-related materiel; and
“(2) it is in the interest of the United States to continue to support United Nations-facilitated efforts toward a comprehensive solution to the division of Cyprus.
“(span)Modification of Prohibition.— “(c)Exclusion of the Government of the Republic of Cyprus From Certain Related Regulations.—“(1)In general.—Subject to subsection (d) and except as provided in paragraph (2), beginning on the date of the enactment of this Act [Dec. 20, 2019], the Secretary of State shall not apply a policy of denial for exports, re-exports, or transfers of defense articles and defense services destined for or originating in the Republic of Cyprus if—“(A) the request is made by or on behalf of the Government of the Republic of Cyprus; and
“(B) the end-user of such defense articles or defense services is the Government of the Republic of Cyprus.
“(2)Exception.—This exclusion shall not apply to any denial based upon credible human rights concerns.
“(d)Limitations on the Transfer of Articles on the United States Munitions List to the Republic of Cyprus.—“(1)In general.—The policy of denial for exports, re-exports, or transfers of defense articles on the United States Munitions List to the Republic of Cyprus shall remain in place unless the President determines and certifies to the appropriate congressional committees not less than annually that—“(A) the Government of the Republic of Cyprus is continuing to cooperate with the United States Government in efforts to implement reforms on anti-money laundering regulations and financial regulatory oversight; and
“(B) the Government of the Republic of Cyprus has made and is continuing to take the steps necessary to deny Russian military vessels access to ports for refueling and servicing.
“(2)Waiver.—The President may waive the limitations contained in this subsection for one fiscal year if the President determines that it is essential to the national security interests of the United States to do so.
“(3)Appropriate congressional committees defined.—In this section, the term ‘appropriate congressional committees’ means—“(A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
“(B) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.”
Special Ambassadorial Commission for Cyprus and the AegeanPuspan. L. 100–202, § 101(e) [title V, § 586], Dec. 22, 1987, 101 Stat. 1329–131, 1329–185, provided that:“(a)Findings.—The Congress finds that—“(1) the inability to achieve a just and lasting Cyprus settlement will continue to affect relations among the United States and its close NATO allies, Greece and Turkey, to the detriment of larger, mutually shared, security interests in the Eastern Mediterranean region;
“(2) it is of paramount importance that Cyprus, Greece, and Turkey resolve their differences through negotiations and otherwise peaceful procedures, and that the United States should support the resolution of these differences through all the diplomatic means at its disposal;
“(3) it is in the national interest of the United States that the President make a significant new diplomatic demarche towards bringing this dispute to a resolution; and
“(4) it is also in the national interest of the United States to undertake a diplomatic initiative to promote the peaceful and equitable resolution of differences between Greece and Turkey in the Aegean by fostering a renewed and sustained bilateral dialogue between those countries on such issues as: the delineation of the continental shelf, the definition of the territorial seas, air traffic control over the Aegean, NATO command and control arrangements in the Aegean, and the status of Lemnos and NATO exercises in the Aegean.
“(span)Appointment of Special Ambassador.—The President is authorized to appoint a special ambassadorial level envoy who shall be responsible for representing the United States in direct negotiations with the parties to the Cyprus dispute, for representing the United States in negotiations through international intermediaries and, generally, lending the good offices of the United States to the parties in this dispute in order to facilitate a peaceful settlement on Cyprus. As agreed to by Greece and Turkey, the special envoy shall also represent the United States in promoting mutual discussions between those countries concerning their differences on Aegean issues. The special ambassador appointed under this section shall have available the services of two deputies (one to specialize on the Cyprus question, the other on general Aegean issues) and such senior level Department of State personnel as may be required by the special ambassador in order to carry out his responsibilities.
“(c)Report.—Not later than June 1, 1988, the President shall submit a report to the Congress describing in detail the activities being undertaken by the special ambassador, the progress being made toward achievement of a peaceful resolution of the Cyprus dispute, an assessment of the obstacles to achievement of such a resolution and of the future role of the United States in acheiving [sic] a settlement on Cyprus, and an assessment of the progress being made toward resolution of issues affecting the Aegean region.
“(d)Funding.—Up to $500,000 of the funds appropriated under any span of this Act [Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, as enacted by section 101(e) of Puspan. L. 101–202] which are allocated for Greece and up to $500,000 of the funds appropriated under any span of this Act which are allocated for Turkey, may be used by the Department of State for any administrative costs associated with the activities of the special ambassador and supporting personnel, including transportation, salaries and per diem.”
Definition of Appropriate Congressional CommitteesPuspan. L. 117–81, div. A, title XIII, § 1317, Dec. 27, 2021, 135 Stat. 2001, provided that: “In this subtitle [subtitle B (§§ 1311–1317) of title XIII of div. A of Puspan. L. 117–81, enacting provisions set out as a note above and as a note preceding section 261 of this title], the term ‘appropriate congressional committees’ means—“(1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
“(2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.”
Executive Documents
Delegation of FunctionsFor delegation of congressional reporting functions of President under subsec. (c) of this section, see section 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46073, set out as a note under section 301 of Title 3, The President.
Delegation of Authorities Under the National Defense Authorization Act for Fiscal Year 2020 and the Eastern Mediterranean Security and Energy Partnership Act of 2019Memorandum of President of the United States, Apr. 14, 2020, 85 F.R. 35797, provided:
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of State the authorities vested in the President by section 1250A(d) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) [22 U.S.C. 2373 note] and section 205(d) of the Eastern Mediterranean Security and Energy Partnership Act of 2019 (Title II, Div. J, Public Law 116–94) [22 U.S.C. 2373 note].
Any reference in this memorandum to either Act shall be deemed to be a reference to such Acts as amended from time to time.
You are authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump. 