§2751. Need for international defense cooperation and military export controls; Presidential waiver; report to Congress; arms sales policy
As declared by the Congress in the Arms Control and Disarmament Act [22 U.S.C. 2551 et seq.], an ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races.
The Congress recognizes, however, that the United States and other free and independent countries continue to have valid requirements for effective and mutually beneficial defense relationships in order to maintain and foster the environment of international peace and security essential to social, economic, and political progress. Because of the growing cost and complexity of defense equipment, it is increasingly difficult and uneconomic for any country, particularly a developing country, to fill all of its legitimate defense requirements from its own design and production base. The need for international defense cooperation among the United States and those friendly countries to which it is allied by mutual defense treaties is especially important, since the effectiveness of their armed forces to act in concert to deter or defeat aggression is directly related to the operational compatibility of their defense equipment.
Accordingly, it remains the policy of the United States to facilitate the common defense by entering into international arrangements with friendly countries which further the objective of applying agreed resources of each country to programs and projects of cooperative exchange of data, research, development, production, procurement, and logistics support to achieve specific national defense requirements and objectives of mutual concern. To this end, this chapter authorizes sales by the United States Government to friendly countries having sufficient wealth to maintain and equip their own military forces at adequate strength, or to assume progressively larger shares of the costs thereof, without undue burden to their economies, in accordance with the restraints and control measures specified herein and in furtherance of the security objectives of the United States and of the purposes and principles of the United Nations Charter.
It is the sense of the Congress that all such sales be approved only when they are consistent with the foreign policy interests of the United States, the purposes of the foreign assistance program of the United States as embodied in the Foreign Assistance Act of 1961, as amended [22 U.S.C. 2151 et seq.], the extent and character of the military requirement, and the economic and financial capability of the recipient country, with particular regard being given, where appropriate, to proper balance among such sales, grant military assistance, and economic assistance as well as to the impact of the sales on programs of social and economic development and on existing or incipient arms races.
It shall be the policy of the United States to exert leadership in the world community to bring about arrangements for reducing the international trade in implements of war and to lessen the danger of outbreak of regional conflict and the burdens of armaments. United States programs for or procedures governing the export, sale, and grant of defense articles and defense services to foreign countries and international organizations shall be administered in a manner which will carry out this policy.
It is the sense of the Congress that the President should seek to initiate multilateral discussions for the purpose of reaching agreements among the principal arms suppliers and arms purchasers and other countries with respect to the control of the international trade in armaments. It is further the sense of Congress that the President should work actively with all nations to check and control the international sale and distribution of conventional weapons of death and destruction and to encourage regional arms control arrangements. In furtherance of this policy, the President should undertake a concerted effort to convene an international conference of major arms-supplying and arms-purchasing nations which shall consider measures to limit conventional arms transfers in the interest of international peace and stability.
It is the sense of the Congress that the aggregate value of defense articles and defense services-
(1) which are sold under section 2761 or section 2762 of this title; or
(2) which are licensed or approved for export under section 2778 of this title to, for the use, or for benefit of the armed forces, police, intelligence, or other internal security forces of a foreign country or international organization under a commercial sales contract;
in any fiscal year should not exceed current levels.
It is the sense of the Congress that the President maintain adherence to a policy of restraint in conventional arms transfers and that, in implementing this policy worldwide, a balanced approach should be taken and full regard given to the security interests of the United States in all regions of the world and that particular attention should be paid to controlling the flow of conventional arms to the nations of the developing world. To this end, the President is encouraged to continue discussions with other arms suppliers in order to restrain the flow of conventional arms to less developed countries.
(
Editorial Notes
References in Text
The Arms Control and Disarmament Act, referred to in text, is
This chapter, referred to in text, was in the original "this Act", meaning
The Foreign Assistance Act of 1961, as amended, referred to in text, is
Amendments
1981-
1978-
1976-
1973-
1971-
Statutory Notes and Related Subsidiaries
References to Foreign Military Sales Act Deemed Reference to Arms Export Control Act
References to Present Instead of Past Provisions; Specific Application of Other Provisions to This Chapter
Effective Date
Short Title of 2016 Amendment
Short Title of 2010 Amendment
Short Title of 1999 Amendment
Short Title of 1998 Amendment
Short Title of 1991 Amendment
Short Title
Advancements in Defense Cooperation Between the United States and India
"(a)
"(b)
"(c)
"(1)
"(2)
"(3)
"(4)
"(A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
"(B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives."
Enhancing Defense and Security Cooperation With India
"(a)
"(1)
"(A) recognize India's status as a major defense partner of the United States;
"(B) designate an individual within the executive branch who has experience in defense acquisition and technology-
"(i) to reinforce and ensure, through interagency policy coordination, the success of the Framework for the United States-India Defense Relationship;
"(ii) to help resolve remaining issues impeding United States-India defense trade, security cooperation, and co-production and co-development opportunities; and
"(iii) to promote United States defense trade with India for the benefit of job creation and commercial competitiveness in the United States;
"(C) approve and facilitate the transfer of advanced technology, consistent with United States conventional arms transfer policy, to support combined military planning with India's military for missions such as humanitarian assistance and disaster relief, counter piracy, freedom of navigation, and maritime domain awareness missions, and to promote weapons systems interoperability;
"(D) strengthen the effectiveness of the U.S.-India Defense Trade and Technology Initiative and the durability of the Department of Defense's 'India Rapid Reaction Cell';
"(E) collaborate with the Government of India to develop mutually agreeable mechanisms to verify the security of defense articles, defense services, and related technology, such as appropriate cyber security and end use monitoring arrangements, consistent with United States export control laws and policy, and to advance the Communications Interoperability and Security Memorandum of Agreement and The Basic Exchange and Cooperation Agreement for Geospatial Cooperation;
"(F) promote policies that will encourage the efficient review and authorization of defense sales and exports to India;
"(G) encourage greater government-to-government and commercial military transactions between the United States and India;
"(H) support the development and alignment of India's export control and procurement regimes with those of the United States and multilateral control regimes;
"(I) continue to enhance defense and security cooperation with India in order to advance United States interests in the South Asia and greater Indo-Asia-Pacific regions, including common security, and to enhance role of United States partners and allies in the defense relationship between the United States and India;
"(J) support joint exercises, operations, and patrols and mutual defense planning with India;
"(K) work with representatives of the Government of the Islamic Republic of Afghanistan and the Government of India to promote stability and development in Afghanistan; and
"(L) support such other matters with respect to defense and security cooperation with India that the Secretary of Defense or the Secretary of State consider appropriate.
"(2)
"(A)
"(B)
"(i) a forward-looking strategy with specific benchmarks for measurable progress toward enhancing India's status as a major defense partner and defense and security cooperation with India;
"(ii) a description of any limitations that hinder or slows [sic] progress in implementing the actions described in subparagraphs (A) through (L) of paragraph (1);
"(iii) a description of actions India is taking, or the actions the Secretary of Defense or the Secretary of State believe India should take, to advance the relationship between the United States, including actions relating to subparagraphs (A) through (L) of paragraph (1);
"(iv) a description of the measures that can be taken by the United States and India to improve interoperability; and
"(v) a description of the progress made in enabling agreements between the United States and India.
"(3)
"(b)
"(1) are at a level appropriate to enhance engagement between the militaries of the two countries for threat analysis, military doctrine, force planning, mutual security interests, logistical support, intelligence, tactics, techniques and procedures, humanitarian assistance, and disaster relief;
"(2) include exchanges of general and flag officers between the two countries;
"(3) enhance cooperative military operations, including maritime security, counter-piracy, counter-terror cooperation, and domain awareness, in the Indo-Asia-Pacific region;
"(4) accelerate the development of combined military planning for missions such as those identified in subsection (a)(1)(C) or in paragraph (1) of this subsection, or other missions in the national security interests of both countries; and
"(5) solicit and recognize actions and efforts by India that would allow the United States to treat India as a major defense partner.
"(c)
"(1)
"(2)
[For termination, effective Dec. 30, 2021, of reporting requirements in section 1292(a)(2) of
Registration and End-Use Monitoring of Defense Articles and Defense Services Transferred to Afghanistan and Pakistan
"(a)
"(1)
"(A) pursuant to authorities other than the Arms Export Control Act [22 U.S.C. 2751 et seq.] or the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.]; and
"(B) using funds made available to the Department of Defense, including funds available pursuant to the Pakistan Counterinsurgency Fund.
"(2)
"(A) the Government of Afghanistan or any other group, organization, citizen, or resident of Afghanistan, or
"(B) the Government of Pakistan or any other group, organization, citizen, or resident of Pakistan,
until the Secretary of Defense certifies to the specified congressional committees that the program required under this subsection has been established.
"(b)
"(1) A detailed record of the origin, shipping, and distribution of defense articles and defense services transferred to-
"(A) the Government of Afghanistan and other groups, organizations, citizens, and residents of Afghanistan; and
"(B) the Government of Pakistan and other groups, organizations, citizens, and residents of Pakistan.
"(2) The registration of the serial numbers of all small arms to be provided to-
"(A) the Government of Afghanistan and other groups, organizations, citizens, and residents of Afghanistan; and
"(B) the Government of Pakistan and other groups, organizations, citizens, and residents of Pakistan.
"(3) A program of end-use monitoring of lethal defense articles and defense services transferred to the entities and individuals described in subparagraphs (A) and (B) of paragraph (1).
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"(3)
"(A) a handgun or pistol;
"(B) a shoulder-fired weapon, including a sub-carbine, carbine, or rifle;
"(C) a light, medium, or heavy automatic weapon up to and including a .50 caliber machine gun;
"(D) a recoilless rifle up to and including 106mm;
"(E) a mortar up to and including 81mm;
"(F) a rocket launcher, man-portable;
"(G) a grenade launcher, rifle and shoulder fired; and
"(H) an individually-operated weapon which is portable or can be fired without special mounts or firing devices and which has potential use in civil disturbances and is vulnerable to theft.
"(4)
"(A) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
"(B) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
"(e)
"(1)
"(2)
Tracking and Monitoring of Defense Articles Provided to the Government of Iraq and Other Individuals and Groups in Iraq
"(a)
"(b)
"(c)
"(1) the registration of the serial numbers of all small arms to be provided to the Government of Iraq or to other groups, organizations, citizens, or residents of Iraq;
"(2) a program of end-use monitoring of all lethal defense articles provided to such entities or individuals; and
"(3) a detailed record of the origin, shipping, and distribution of all defense articles transferred under the Iraq Security Forces Fund or any other security assistance program to such entities or individuals.
"(d)
"(1)
"(2)
"(e)
"(1)
"(2)
"(A) handguns;
"(B) shoulder-fired weapons;
"(C) light automatic weapons up to and including .50 caliber machine guns;
"(D) recoilless rifles up to and including 106mm;
"(E) mortars up to and including 81mm;
"(F) rocket launchers, man-portable;
"(G) grenade launchers, rifle and shoulder fired; and
"(H) individually-operated weapons which are portable or can be fired without special mounts or firing devices and which have potential use in civil disturbances and are vulnerable to theft.
"(3)
"(A) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
"(B) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
"(f)
"(1)
"(2)
Man-Portable Air Defense Systems (MANPADS)
"(a)
"(b)
"(1)
"(A) submit forthwith to the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate a report containing such determination; and
"(B) impose forthwith on the transferring foreign government the sanctions described in subsection (c).
"(2)
"(c)
"(1) Termination of United States Government assistance to the transferring foreign government under the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], except that such termination shall not apply in the case of humanitarian assistance.
"(2) Termination of United States Government-
"(A) sales to the transferring foreign government of any defense articles, defense services, or design and construction services; and
"(B) licenses for the export to the transferring foreign government of any item on the United States Munitions List.
"(3) Termination of all foreign military financing for the transferring foreign government.
"(d)
"(e)
"(1)
"(2)
"(3)
"(4)
"(5)
"(A) a surface-to-air missile system designed to be man-portable and carried and fired by a single individual; or
"(B) any other surface-to-air missile system designed to be operated and fired by more than one individual acting as a crew and portable by several individuals."
"(a)
"(1)
"(2)
"(A) prohibit the entry into force of a MANPADS manufacturing license agreement and MANPADS co-production agreement, other than the entry into force of a manufacturing license or co-production agreement with a country that is party to such an agreement;
"(B) prohibit, except pursuant to transfers between governments, the export of a MANPADS, including any component, part, accessory, or attachment thereof, without an individual validated license; and
"(C) prohibit the reexport or retransfer of a MANPADS, including any component, part, accessory, or attachment thereof, to a third person, organization, or government unless the written consent of the government that approved the original export or transfer is first obtained.
"(3)
"(4)
"(A)
"(B)
"(b) FAA
"(1)
"(2)
"(3)
"(4)
"(c)
"(1)
"(2)
"(3)
"(d) MANPADS
"(1)
"(2)
"(A) The status of the Department's efforts to conduct MANPADSs vulnerability assessments at United States airports at which the Department is conducting assessments.
"(B) How intelligence is shared between the United States intelligence agencies and Federal, State, and local law enforcement to address the MANPADS threat and potential ways to improve such intelligence sharing.
"(C) Contingency plans that the Department has developed in the event that it receives intelligence indicating a high threat of a MANPADS attack on aircraft at or near United States airports.
"(D) The feasibility and effectiveness of implementing public education and neighborhood watch programs in areas surrounding United States airports in cases in which intelligence reports indicate there is a high risk of MANPADS attacks on aircraft.
"(E) Any other issues that the Secretary deems relevant.
"(3)
"(e)
"(1)
"(A) the Committee on Armed Services, the Committee on International Relations [now Committee on Foreign Affairs], and the Committee on Transportation and Infrastructure of the House of Representatives; and
"(B) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Commerce, Science, and Transportation of the Senate.
"(2) MANPADS.-The term 'MANPADS' means-
"(A) a surface-to-air missile system designed to be man-portable and carried and fired by a single individual; and
"(B) any other surface-to-air missile system designed to be operated and fired by more than one individual acting as a crew and portable by several individuals."
[Functions of President under subsecs. (a)(4)(A), (c)(2) of section 4026 of
Bilateral Exchanges and Trade in Defense Articles and Defense Services Between the United States and the United Kingdom and Australia
"(a)
"(b)
"(c)
Eligibility of Panama Under Arms Export Control Act
Reports on Counterproliferation Activities and Programs
"(a)
"(b)
"(1) A complete list, by specific program element, of the existing, planned, or newly proposed capabilities and technologies reviewed by the Review Committee pursuant to subsection (c) of the Review Committee charter.
"(2) A complete description of the requirements and priorities established by the Review Committee.
"(3) A comprehensive discussion of the near-term, mid-term, and long-term programmatic options formulated by the Review Committee for meeting requirements prescribed by the Review Committee and for eliminating deficiencies identified by the Review Committee, including the annual funding requirements and completion dates established for each such option.
"(4) An explanation of the recommendations made pursuant to subsection (c) of the Review Committee charter, together with a full discussion of the actions taken to implement such recommendations or otherwise taken on the recommendations.
"(5) A discussion and assessment of the status of each Review Committee recommendation during the two fiscal years preceding the fiscal year in which the report is submitted, including, particularly, the status of recommendations made during such preceding fiscal years that were reflected in the budget submitted to Congress pursuant to section 1105(a) of title 31, United States Code, in the fiscal year of the report.
"(6) Each specific Department of Energy program that the Secretary of Energy plans to develop to initial operating capability and each such program that the Secretary does not plan to develop to initial operating capability.
"(7) For each technology program scheduled to reach initial operational capability, a recommendation from the Chairman of the Joint Chiefs of Staff that represents the views of the commanders of the unified and specified commands regarding the utility and requirement of the program.
"(8) A discussion of the limitations and impediments to the biological weapons counterproliferation efforts of the Department of Defense (including legal, policy, and resource constraints) and recommendations for the removal or mitigation of such impediments and for ways to make such efforts more effective.
"(c)
"(d)
"(e)
Arab League Boycott of Israel
"(a)
"(b)
"(1) 1-
"(A) such waiver is in the national interest of the United States, and such waiver will promote the objectives of this section to eliminate the Arab boycott; or
"(B) such waiver is in the national security interest of the United States.
"(2)
"(3)
"(c)
"(1) the term 'appropriate congressional committees' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives; and
"(2) the terms 'defense article' and 'defense service' have the meanings given to such terms by paragraphs (3) and (4), respectively, of section 47 of the Arms Export Control Act [22 U.S.C. 2794(3), (4)].
"(d)
[Memorandum of President of the United States, Apr. 24, 1997, 62 F.R. 24797, delegated to Secretary of State functions of President under section 564 of
[Certifications and determinations relating to suspension of application by President under section 564 of
[Determination of President of the United States, No. 96–23, Apr. 30, 1996, 61 F.R. 26029.
[Determination of President of the United States, No. 95–20, May 1, 1995, 60 F.R. 22245.]
Counterproliferation Policy and Programs of United States
"SEC. 1603. STUDIES RELATING TO UNITED STATES COUNTERPROLIFERATION POLICY.
"(a)
"(b)
"(1) enhancing United States military capabilities to deter and respond to terrorism, theft, and proliferation involving weapons of mass destruction;
"(2) cooperating in international programs to enhance military capabilities to deter and respond to terrorism, theft, and proliferation involving weapons of mass destruction; and
"(3) otherwise contributing to Department of Defense capabilities to deter, identify, monitor, and respond to such terrorism, theft, and proliferation involving weapons of mass destruction.
"(c)
"SEC. 1605. JOINT COMMITTEE FOR REVIEW OF COUNTERPROLIFERATION PROGRAMS OF THE UNITED STATES.
"(a)
"(A) The Secretary of Defense.
"(B) The Secretary of Energy.
"(C) The Director of National Intelligence.
"(D) The Chairman of the Joint Chiefs of Staff.
"(E) The Secretary of State.
"(F) The Secretary of Homeland Security.
"(2) The Secretary of Defense shall chair the committee. The Secretary of Energy shall serve as the Vice Chairman of the committee.
"(3) A member of the committee may designate a representative to perform routinely the duties of the member. A representative shall be in a position of Deputy Assistant Secretary or a position equivalent to or above the level of Deputy Assistant Secretary. A representative of the Chairman of the Joint Chiefs of Staff shall be a person in a grade equivalent to that of Deputy Assistant Secretary of Defense.
"(4) The Secretary of Defense may delegate to the Under Secretary of Defense for Acquisition, Technology, and Logistics the performance of the duties of the Chairman of the committee. The Secretary of Energy may delegate to the Under Secretary of Energy responsible for national security programs of the Department of Energy the performance of the duties of the Vice Chairman of the committee.
"(5) The Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs shall serve as executive secretary to the committee, except that during any period during which that position is vacant the Assistant Secretary of Defense for Strategy and Threat Reduction shall serve as the executive secretary.
"(b)
"(1) To optimize funding for, and ensure the development and deployment of-
"(A) highly effective technologies and capabilities for the detection, monitoring, collection, processing, analysis, and dissemination of information in support of United States counterproliferation policy and efforts, including efforts to stem the proliferation of weapons of mass destruction and to negate paramilitary and terrorist threats involving weapons of mass destruction; and
"(B) disabling technologies in support of such policy.
"(2) To identify and eliminate undesirable redundancies or uncoordinated efforts in the development and deployment of such technologies and capabilities.
"(3) To establish priorities for programs and funding.
"(4) To encourage and facilitate interagency and interdepartmental funding of programs in order to ensure necessary levels of funding to develop, operate, and field highly-capable systems.
"(5) To ensure that Department of Energy programs are integrated with the operational needs of other departments and agencies of the Government.
"(6) To ensure that Department of Energy national security programs include technology demonstrations and prototype development of equipment.
"(c)
"(1) identify and review existing and proposed capabilities and technologies for support of United States nonproliferation policy and counterproliferation policy with regard to-
"(A) intelligence;
"(B) battlefield surveillance;
"(C) passive defenses;
"(D) active defenses; and
"(E) counterforce capabilities;
"(2) prescribe requirements and priorities for the development and deployment of highly effective capabilities and technologies;
"(3) identify deficiencies in existing capabilities and technologies;
"(4) formulate near-term, mid-term, and long-term programmatic options for meeting requirements established by the committee and eliminating deficiencies identified by the committee; and
"(5) assess each fiscal year the effectiveness of the committee actions during the preceding fiscal year, including, particularly, the status of recommendations made during such preceding fiscal year that were reflected in the budget submitted to Congress pursuant to section 1105(a) of title 31, United States Code, for the fiscal year following the fiscal year in which the assessment is made.
"(d)
"(e)
"(f)
"SEC. 1607. DEFINITIONS.
"For purposes of this subtitle [subtitle A, §§1601–1607, of title XVI of div. A of
"(1) The term 'appropriate congressional committees' means-
"(A) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
"(B) the Committee on Armed Services [now Committee on National Security], the Committee on Appropriations, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
"(2) The term 'intelligence community' has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 401a) [now 50 U.S.C. 3003]."
[For abolition, transfer of functions, and treatment of references to United States Arms Control and Disarmament Agency, see section 6511 et seq. of this title.]
Restriction on Arms Sales to Saudi Arabia and Kuwait
"(a) No funds appropriated or otherwise made available by this or any other Act may be used in any fiscal year to conduct, support, or administer any sale of defense articles or defense services to Saudi Arabia or Kuwait until that country has paid in full, either in cash or in mutually agreed in-kind contributions, the following commitments made to the United States to support Operation Desert Shield/Desert Storm:
"(1) In the case of Saudi Arabia, $16,839,000,000.
"(2) In the case of Kuwait, $16,006,000,000.
"(b) For purposes of this section, the term 'any sale' means any sale with respect to which the President is required to submit a numbered certification to the Congress pursuant to the Arms Export Control Act [22 U.S.C. 2751 et seq.] on or after the effective date of this section.
"(c) This section shall take effect 120 days after the date of enactment of this joint resolution [Dec. 12, 1991].
"(d) Any military equipment of the United States, including battle tanks, armored combat vehicles, and artillery, included within the Conventional Forces in Europe Treaty definition of 'conventional armaments and equipment limited by the Treaty', which may be transferred to any other NATO country shall be subject to the notification procedures stated in section 523 of
Annual Report on Proliferation of Missiles and Essential Components of Nuclear, Biological, and Chemical Weapons
Conventional Arms Transfers
Termination of Nonrecurring Activities Under Foreign Assistance Act of 1961 and This Chapter and Removal From Law
Report to Congress by President on Multilateral Discussions Concerning Arms Transfer Policy
Report by President on Review of Arms Sales Controls on Non-Lethal Items
Report by President on Impact of Foreign Arms Sales and Transfers to Foreign Governments on Defense Readiness and National Security of United States
Study by President of National Security and Military Implications of International Transfers of Technology; Scope of Study; Utilization of Executive Departments and Agencies
Statement of Policy Regarding United States Arms Sales to Israel
Review by President of Categories and Arms Sales Controls on Lethal and Non-Lethal Items
Study of United States Arms Sales Policies and Practices by President; Report to Congress
Presidential Report Regarding Sales of Excess Defense Articles to Foreign Governments and International Organizations
Study by Secretaries of State and Defense on Consequences of Enactment of Arms Export Control Provisions
Total Number of Credits To Be Extended Between July 1, 1976, and September 30, 1976
Additional Military and Civilian Personnel for Department of Defense
Sales to the Middle East; Requests for Additional Appropriations
Review of Military Aid Programs and Efforts for Regulation of Conventional Arms Trade
"(1) the President should immediately institute a thorough and comprehensive review of the military aid programs of the United States, particularly with respect to the military assistance and sales operations of the Department of Defense, and
"(2) the President should take such actions as may be appropriate-
"(A) to initiate multilateral discussions among the United States, the Union of Soviet Socialist Republics, Great Britain, France, West Germany, Italy and other countries on the control of the worldwide trade in armaments,
"(B) to commence a general debate in the United Nations with respect to the control of the conventional arms trade, and
"(C) to use the power and prestige of his office to signify the intention of the United States to work actively with all nations to check and control the international sales and distribution of conventional weapons of death and destruction."
Executive Documents
Executive Order No. 11501
Ex. Ord. No. 11501, Dec. 22, 1969, 34 F.R. 20169, as amended by Ex. Ord. No. 11685, Sept. 25, 1972, 37 F.R. 20155, which related to the administration of foreign military sales, was revoked by Ex. Ord. No. 11958, Jan. 18, 1977, 42 F.R. 4311, formerly set out below.
Executive Order No. 11958
Ex. Ord. No. 11958, Jan. 18, 1977, 42 F.R. 4311, as amended by Ex. Ord. No. 12118, Feb. 6, 1979, 44 F.R. 7939; Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673; Ex. Ord. No. 12210, Apr. 16, 1980, 45 F.R. 26313; Ex. Ord. No. 12321, Sept. 14, 1981, 46 F.R. 46109; Ex. Ord. No. 12365, May 24, 1982, 47 F.R. 22933; Ex. Ord. No. 12423, May 26, 1983, 48 F.R. 24025; Ex. Ord. No. 12560, May 24, 1986, 51 F.R. 19159; Ex. Ord. No. 12680, July 5, 1989, 54 F.R. 28995; Ex. Ord. No. 12738, §7, Dec. 14, 1990, 55 F.R. 52035; Ex. Ord. No. 13030, §2, Dec. 12, 1996, 61 F.R. 66187; Ex. Ord. No. 13091, §1, June 29, 1998, 63 F.R. 36153; Ex. Ord. No. 13118, §10(8), Mar. 31, 1999, 64 F.R. 16598; Ex. Ord. No. 13284, §13, Jan. 23, 2003, 68 F.R. 4076, which related to the administration of arms export controls, was revoked by Ex. Ord. No. 13637, §4, Mar. 8, 2013, 78 F.R. 16131, set out below.
Ex. Ord. No. 13637. Administration of Reformed Export Controls
Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16129, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Arms Export Control Act, as amended (22 U.S.C. 2751 et seq.) (the "Act"), and section 301 of title 3, United States Code, it is hereby ordered as follows:
(a) Those under section 3 of the Act (22 U.S.C. 2753), with the exception of subsections (a)(1), (b), (c)(3), (c)(4), and (f) (22 U.S.C. 2753(a)(1), (b), (c)(3), (c)(4), and (f)), to the Secretary of State. The Secretary of State, in the implementation of the delegated functions under sections 3(a) and (d) of the Act (22 U.S.C. 2753(a) and (d)), is authorized to find, in the case of a proposed transfer of a defense article or related training or other defense service by a foreign country or international organization not otherwise eligible under section 3(a)(1) of the Act (22 U.S.C. 2753(a)(1)), whether the proposed transfer will strengthen the security of the United States and promote world peace.
(b) Those under section 5 (22 U.S.C. 2755) to the Secretary of State.
(c) Those under section 21 of the Act (22 U.S.C. 2761), with the exception of the last sentence of subsection (d) and all of subsection (i) (22 U.S.C. 2761(d) and (i)), to the Secretary of Defense.
(d) Those under sections 22(a), 29, 30, and 30A of the Act (22 U.S.C. 2762(a), 2769, 2770, and 2770a) to the Secretary of Defense.
(e) Those under section 23 of the Act (22 U.S.C. 2763), and under section 7069 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (
(f) Those under sections 24 and 27 of the Act (22 U.S.C. 2764 and 2767) to the Secretary of Defense. The Secretary of Defense shall consult with the Secretary of State and the Secretary of the Treasury in implementing the delegated functions under section 24 (22 U.S.C. 2764) and with the Secretary of State in implementing the delegated functions under section 27 (22 U.S.C. 2767).
(g) Those under section 25 of the Act (22 U.S.C. 2765) to the Secretary of State. The Secretary of Defense shall assist the Secretary of State in the preparation of materials for presentation to the Congress under that section.
(h) Those under section 34 of the Act (22 U.S.C. 2774) to the Secretary of State. To the extent the standards and criteria for credit and guaranty transactions are based upon national security or financial policies, the Secretary of State shall obtain the prior concurrence of the Secretary of Defense and the Secretary of the Treasury, respectively.
(i) Those under section 35(a) of the Act (22 U.S.C. 2775(a)) to the Secretary of State.
(j) Those under sections 36(a) and 36(b)(1) of the Act (22 U.S.C. 2776(a) and (b)(1)), except with respect to the certification of an emergency as provided by subsection (b)(1) (22 U.S.C. 2776(b)(1)), to the Secretary of Defense. The Secretary of Defense, in the implementation of the delegated functions under sections 36(a) and (b)(1) (22 U.S.C. 2776(a) and (b)(1)), shall consult with the Secretary of State. With respect to those functions under sections 36(a)(5) and (6) (22 U.S.C. 2776(a)(5) and (6)), the Secretary of Defense shall consult with the Director of the Office of Management and Budget.
(k) Those under section 36(b)(1) with respect to the certification of an emergency as provided by subsection (b)(1) and under sections 36(c) and (d) of the Act (22 U.S.C. 2776(b)(1), (c), and (d)) to the Secretary of State.
(l) Those under section 36(f)(1) of the Act (22 U.S.C. 2776(f)(1)) to the Secretary of Defense.
(m) Those under sections 36(f)(2) and (f)(3) of the Act (22 U.S.C. 2776(f)(2) and (f)(3)) to the Secretary of State.
(n) Those under section 38 of the Act (22 U.S.C. 2778) to:
(i) the Secretary of State, except as otherwise provided in this subsection. Designations, including changes in designations, by the Secretary of State of items or categories of items that shall be considered as defense articles and defense services subject to export control under section 38 (22 U.S.C. 2778) shall have the concurrence of the Secretary of Defense. The authority to undertake activities to ensure compliance with established export conditions may be redelegated to the Secretary of Defense, or to the head of another executive department or agency as appropriate, who shall exercise such functions in consultation with the Secretary of State;
(ii) the Attorney General, to the extent they relate to the control of the permanent import of defense articles and defense services. In carrying out such functions, the Attorney General shall be guided by the views of the Secretary of State on matters affecting world peace, and the external security and foreign policy of the United States. Designations, including changes in designations, by the Attorney General of items or categories of items that shall be considered as defense articles and defense services subject to permanent import control under section 38 of the Act (22 U.S.C. 2778) shall be made with the concurrence of the Secretary of State and the Secretary of Defense and with notice to the Secretary of Commerce; and
(iii) the Department of State for the registration and licensing of those persons who engage in the business of brokering activities with respect to defense articles or defense services controlled either for purposes of export by the Department of State or for purposes of permanent import by the Department of Justice.
(o) Those under section 39(b) of the Act (22 U.S.C. 2779(b)) to the Secretary of State. In carrying out such functions, the Secretary of State shall consult with the Secretary of Defense as may be necessary to avoid interference in the application of Department of Defense regulations to sales made under section 22 of the Act (22 U.S.C. 2762).
(p) Those under the portion of section 40A of the Act added by
(q) Those under the portion of section 40A of the Act added by the Antiterrorism and Effective Death Penalty Act of 1996 (
(r) Those under sections 42(c) and (f) of the Act (22 U.S.C. 2791(c) and (f)) to the Secretary of Defense. The Secretary of Defense shall obtain the concurrence of the Secretary of State and the Secretary of Commerce on any determination considered under the authority of section 42(c) of the Act (22 U.S.C. 2791(c)).
(s) Those under section 52(b) of the Act (22 U.S.C. 2795a(b)) to the Secretary of Defense.
(t) Those under sections 61 and 62(a) of the Act (22 U.S.C. 2796 and 2796a(a)) to the Secretary of Defense.
(u) Those under section 2(b)(6) of the Export-Import Bank Act of 1945, as amended (12 U.S.C. 635(b)(6)) to the Secretary of State.
(b) Under the direction of the President and in accordance with section 2(b) of the Act (22 U.S.C. 2752(b)), the Secretary of State, taking into account other United States activities abroad, shall be responsible for the continuous supervision and general direction of sales and exports under the Act, including the negotiation, conclusion, and termination of international agreements, and determining whether there shall be a sale to a country and the amount thereof, and whether there shall be delivery or other performance under such sale or export, to the end that sales and exports are integrated with other United States activities and the foreign policy of the United States is best served thereby.
(i) the authority granted by law to an agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.