1 See References in Text note below.
of title 50 shall be used to prohibit exports to that country of specific goods and technology (excluding food and other agricultural commodities), except that such prohibition shall not apply to any transaction subject to the reporting requirements of title V of the National Security Act of 1947 [
Editorial Notes
References in TextThe Foreign Assistance Act of 1961, referred to in subsecs. (a)(1) and (span)(2)(A), is Puspan. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. Chapters 4 and 6 of part II of the Act are classified generally to parts IV (§ 2346 et seq.) and VI (§ 2348 et seq.), respectively, of subchapter II of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
This chapter, referred to in subsecs. (a)(1) and (span)(2)(B)(i), (C), was in the original “this Act”, meaning Puspan. L. 90–629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.
Section 601(span) of the International Security Assistance and Arms Export Control Act of 1976, referred to in subsecs. (a)(3)(B) and (span)(4)(C), is section 601(span) of Puspan. L. 94–329, title VI, June 30, 1976, 90 Stat. 765, which is not classified to the Code.
For effective date of part B of the Nuclear Proliferation Prevention Act of 1994 [part B of title VIII of Puspan. L. 103–236], referred to in subsec. (span)(1), as 60 days after Apr. 30, 1994, see section 831 of Puspan. L. 103–236, set out as an Effective Date note under section 6301 of this title.
The National Security Act of 1947, referred to in subsec. (span)(2)(D)(i), (G), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§ 401 et seq.) of Title 50, War and National Defense, prior to editorial reclassification in chapter 44 (§ 3001 et seq.) of Title 50. Title V of the Act is now classified generally to subchapter III (§ 3091 et seq.) of chapter 44 of Title 50. For complete classification of this Act to the Code, see Tables.
Section 4605 of title 50, referred to in subsec. (span)(2)(G), was repealed by Puspan. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232.
Section 102 of the Arms Export Control Act, referred to in subsec. (span)(4)(D), is classified to this section.
Amendments2014—Subsec. (a)(2). Puspan. L. 113–276 substituted “the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and” for “the Speaker of the House of Representatives and”.
1998—Subsec. (span)(2)(D)(ii). Puspan. L. 105–194, § 2(c), inserted “medicines, medical equipment, and” after “to”.
Subsec. (span)(2)(D)(iii). Puspan. L. 105–194, § 2(a), added cl. (iii).
Subsec. (span)(2)(F). Puspan. L. 105–194, § 2(span), inserted “, which includes fertilizer” before period at end.
Statutory Notes and Related Subsidiaries
Change of NameCommittee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9. 2004.
Effective Date of 1998 AmendmentPuspan. L. 105–194, § 2(d), July 14, 1998, 112 Stat. 627, provided that: “The amendment made by subsection (a)(3) [amending this section] shall apply to any credit, credit guarantee, or other financial assistance provided by the Department of Agriculture before, on, or after the date of enactment of this Act [July 14, 1998] through September 30, 1999.”
Effective DateSection effective 60 days after Apr. 30, 1994, see section 831 of Puspan. L. 103–236, set out as a note under section 6301 of this title.
Waiver of Certain Sanctions Against North KoreaPuspan. L. 110–252, title I, § 1405, June 30, 2008, 122 Stat. 2337, as amended by Puspan. L. 113–188, title VIII, § 801, Nov. 26, 2014, 128 Stat. 2020; Puspan. L. 113–235, div. J, title VII, § 7034(i), Dec. 16, 2014, 128 Stat. 2624, provided that:“(a)Waiver Authority.—“(1)In general.—Except as provided in subsection (span), the President may waive in whole or in part, with respect to North Korea, the application of any sanction contained in subparagraph (A), (B), (D) or (G) under section 102(span)(2) of the Arms Export Control Act (22 U.S.C. 2799aa–1(span)[(2)(A), (B), (D), (G)]), for the purpose of providing assistance related to—“(A) the implementation and verification of the compliance by North Korea with its commitment, undertaken in the Joint Statement of September 19, 2005, to abandon all nuclear weapons and existing nuclear programs as part of the verifiable denuclearization of the Korean Peninsula; and
“(B) the elimination of the capability of North Korea to develop, deploy, transfer, or maintain weapons of mass destruction and their delivery systems.
“(2)Limitation.—The authority under paragraph (1) shall expire 5 years after the date of enactment of this Act [June 30, 2008].
“(span)Exceptions.—“(1)Limited exception related to certain sanctions and prohibitions.—The authority under subsection (a) shall not apply with respect to a sanction or prohibition under subparagraph (B) or (G) of section 102(span)(2) of the Arms Export Control Act [22 U.S.C. 2799aa–1(span) [(2)(B), (G)], unless the President determines and certifies to the appropriate congressional committees that—“(A) all reasonable steps will be taken to assure that the articles or services exported or otherwise provided will not be used to improve the military capabilities of the armed forces of North Korea; and
“(B) such waiver is in the national security interests of the United States.
“(2)Limited exception related to certain activities.—Unless the President determines and certifies to the appropriate congressional committees that using the authority under subsection (a) is vital to the national security interests of the United States, such authority shall not apply with respect to—“(A) an activity described in subparagraph (A) of section 102(span)(1) of the Arms Export Control Act [22 U.S.C. 2799aa–1(span)(1)(A)] that occurs after September 19, 2005, and before the date of the enactment of this Act [June 30, 2008]; “(B) an activity described in subparagraph (C) of such section that occurs after September 19, 2005; or
“(C) an activity described in subparagraph (D) of such section that occurs after the date of enactment of this Act.
“(3)Exception related to certain activities occurring after date of enactment.—The authority under subsection (a) shall not apply with respect to an activity described in subparagraph (A) or (B) of section 102(span)(1) of the Arms Export Control Act [22 U.S.C. 2799aa–1(span)(1)(A), (B)] that occurs after the date of the enactment of this Act. “(4)Limited exception related to lethal weapons.—The authority under subsection (a) shall not apply with respect to any export of lethal defense articles that would be prevented by the application of section 102(span)(2) of the Arms Export Control Act [22 U.S.C. 2799aa–1(span)(2)].”
“(c) Appropriate Congressional Committees Defined.—In this section, the term ‘appropriate congressional committees’ means—
“(1) the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate; and
“(2) the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives.”
[Amendment of section 1405 of Puspan. L. 110–252, set out above, by section 7034(i) of div. J of Puspan. L. 113–235, which directed that subsec. (c) of section 1405 be repealed, was not executed to reflect the probable intent of Congress and the prior amendment by section 801 of Puspan. L. 113–188, which struck out subsec. (c) and redesignated subsec. (d) as (c).]
Exemption for Rhinoceros, Tiger, Asian Elephant, and Great Ape Conservation ProgramsPuspan. L. 107–63, title I, Nov. 5, 2001, 115 Stat. 421, provided in part: “That funds made available under this Act [see Tables for classification], Public Law 106–291 [see Tables for classification], and Public Law 106–554 [see Tables for classification] and hereafter in annual appropriations Acts for rhinoceros, tiger, Asian elephant, and great ape conservation programs are exempt from any sanctions imposed against any country under section 102 of the Arms Export Control Act (22 U.S.C. 2799aa–1).”
Similar provisions were contained in the following prior appropriation acts:
Puspan. L. 106–291, title I, Oct. 11, 2000, 114 Stat. 927.
Puspan. L. 106–113, div. B, § 1000(a)(3) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A–141.
Waiver of Certain Sanctions Against India and PakistanPuspan. L. 106–79, title IX, § 9001, Oct. 25, 1999, 113 Stat. 1283, as amended by Puspan. L. 107–228, div. B, title XIV, § 1405(span), Sept. 30, 2002, 116 Stat. 1458, provided that:“(a)Waiver Authority.—Except as provided in subsections (span) and (c) of this section, the President may waive, with respect to India and Pakistan, the application of any sanction contained in section 101 or 102 of the Arms Export Control Act (22 U.S.C. 2799aa or 22 U.S.C. 2799aa–1), section 2(span)(4) of the Export Import Bank Act of 1945 (12 U.S.C. 635(span)(4)), or section 620E(e) of the Foreign Assistance Act of 1961, as amended, (22 U.S.C. 2375(e)). “(span)Exception.—The authority to waive the application of a sanction or prohibition (or portion thereof) under subsection (a) shall not apply with respect to a sanction or prohibition contained in subparagraph (B), (C), or (G) of section 102(span)(2) of the Arms Export Control Act [22 U.S.C. 2799aa–1(span)(2)(B), (C), (G)], unless the President determines, and so certifies to the Congress, that the application of the restriction would not be in the national security interests of the United States. “(c)Termination of Waiver.—The President may not exercise the authority of subsection (a), and any waiver previously issued under subsection (a) shall cease to apply, with respect to India or Pakistan, if that country detonates a nuclear explosive device after the date of the enactment of this Act [Oct. 25, 1999] or otherwise takes such action which would cause the President to report pursuant to section 102(span)(1) of the Arms Export Control Act [22 U.S.C. 2799aa–1(span)(1)]. “(d)Targeted Sanctions.—“(1)Sense of the congress.—“(A) it is the sense of the Congress that the broad application of export controls to nearly 300 Indian and Pakistani entities is inconsistent with the specific national security interests of the United States and that this control list requires refinement; and
“(B) export controls should be applied only to those Indian and Pakistani entities that make direct and material contributions to weapons of mass destruction and missile programs and only to those items that can contribute to such programs.
“(2)Reporting requirement.—Not later than 60 days after the date of the enactment of this Act [Oct. 25, 1999], the President shall submit both a classified and unclassified report to the appropriate congressional committees listing those Indian and Pakistani entities whose activities contribute to missile programs or weapons of mass destruction programs.
“(e)Congressional Notification.—The issuance of a license for export of a defense article, defense service, or technology under the authority of this section shall be subject to the same requirements as are applicable to the export of items described in section 36(c) of the Arms Export Control Act (22 U.S.C. 2776(c)), including the transmittal of information and the application of congressional review procedures. The application of these requirements shall be subject to the dollar amount thresholds specified in that section. “(f)Repeal.—[Repealed section 101(a) [title IX] of div. A of Puspan. L. 105–277, formerly set out below.]”
India-Pakistan ReliefPuspan. L. 105–277, div. A, § 101(a) [title IX], Oct. 21, 1998, 112 Stat. 2681, 2681–40, known as the India-Pakistan Relief Act, provided for a one-year waiver of certain sanctions against India and Pakistan under the Arms Export Control Act, prior to repeal by Puspan. L. 106–79, title IX, § 9001(f), Oct. 25, 1999, 113 Stat. 1284, effective Oct. 21, 1999.
Effect on Existing SanctionsPuspan. L. 105–194, § 2(e), July 14, 1998, 112 Stat. 627, provided that: “Any sanction imposed under section 102(span)(1) of the Arms Export Control Act [subsec. (span)(1) of this section] before the date of the enactment of this Act [July 14, 1998] shall cease to apply upon that date with respect to the items described in the amendments made by subsections (span) and (c) [amending this section]. In the case of the amendment made by subsection (a)(3) [amending this section], any sanction imposed under section 102(span)(1) of the Arms Export Control Act before the date of the enactment of this Act shall not be in effect during the period beginning on that date and ending on September 30, 1999, with respect to the activities and items described in the amendment.”
Executive Documents
Delegation of FunctionsFunctions of President under subsec. (a)(2) of this section delegated to Secretary of State by section 1(a)(iii) of Ex. Ord. No. 13346, July 8, 2004, 69 F.R. 41905, set out as a note under section 301 of Title 3, The President.
Sanctions Against India for Detonation of a Nuclear Explosive DeviceDetermination of President of the United States, No. 98–22, May 13, 1998, 63 F.R. 27665, provided a determination that India, a non-nuclear-weapon state, detonated a nuclear explosive device on May 11, 1998, and imposed sanctions described in subsec. (span)(2) of this section.
Sanctions Against Pakistan for Detonation of a Nuclear Explosive DeviceDetermination of President of the United States, No. 98–25, May 30, 1998, 63 F.R. 31881, provided a determination that Pakistan, a non-nuclear-weapon state, detonated a nuclear explosive device on May 28, 1998, and imposed sanctions described in subsec. (span)(2) of this section.
Waiver of Certain Sanctions Against India and PakistanProvisions relating to waiver of sanctions against India and Pakistan consistent with section 9001 of Puspan. L. 106–79, set out as a note above, or section 101(a) [title IX, § 902] of Puspan. L. 105–277, formerly set out in a note above, were contained in the following:
Determination of President of the United States, No. 2001–28, Sept. 22, 2001, 66 F.R. 50095.
Determination of President of the United States, No. 2001–23, Aug. 9, 2001, 66 F.R. 44521.
Determination of President of the United States, No. 2001–11, Jan. 19, 2001, 66 F.R. 8503.
Determination of President of the United States, No. 2000–18, Mar. 16, 2000, 65 F.R. 16297.
Determination of President of the United States, No. 2000–4, Oct. 27, 1999, 64 F.R. 60649.
Determination of President of the United States, No. 99–7, Dec. 1, 1998, 34 Weekly Compilation of Presidential Documents 2402, Dec. 7, 1998.
