Disposition Table for EO 11958
[Bold added and formatting down by Forest Glen Durland. No text has been changed.]
http://www.nara.gov/fedreg/eo1977f.html
National Archives and Records Administration
Office of the Federal Register
Executive Orders
Disposition Tables
Gerald R. Ford - 1977
11958
Administration of arms export controls
Signed: January 18, 1977
Federal Register page and date: 42 FR 4311; January 24, 1977
Revokes: EO 11501, December 22, 1969 [except that, to the extent consistent with EO 11958, all
rules, regulations, etc., made under provisions of EO 11501, as amended, shall remain in full force and effect until amended, modified, or terminated by appropriate authority]
Revokes in part by: EO 11685, September 25, 1972
Amended by: EO 12118, February 6, 1979; EO 12163, September 29, 1979; EO 12210, April 16,
1980; EO 12321, September 14, 1981; EO 12365, May 24, 1982; EO 12423, May 26, 1983; EO
12560, May 24, 1986; EO 12680, July 5, 1989; EO 12738, December 14, 1990; EO 13030,
December 12, 1996
-CITE-
22 USC Sec. 2751 01/06/97
-EXPCITE-
TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 39 - ARMS EXPORT CONTROL
SUBCHAPTER I - FOREIGN AND NATIONAL SECURITY POLICY OBJECTIVES AND
RESTRAINTS
-HEAD-
Sec. 2751. Need for international defense cooperation and military
export controls; Presidential waiver; report to Congress; arms
sales policy
-STATUTE-
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.
-SOURCE-
(Pub. L. 90-629, ch. 1, Sec. 1, Oct. 22, 1968, 82 Stat. 1321; Pub.
L. 91-672, Sec. 4, Jan. 12, 1971, 84 Stat. 2053; Pub. L. 93-189,
Sec. 25(1), Dec. 17, 1973, 87 Stat. 729; Pub. L. 94-329, title II,
Sec. 202, formerly Sec. 202(a), June 30, 1976, 90 Stat. 734,
renumbered and amended Pub. L. 95-384, Sec. 15(a), 29(c)(1)(A),
Sept. 26, 1978, 92 Stat. 739, 747; Pub. L. 97-113, title VII, Sec.
734(a)(10), Dec. 29, 1981, 95 Stat. 1560.)
-REFTEXT-
REFERENCES IN TEXT
The Arms Control and Disarmament Act, referred to in text, is
Pub. L. 87-297, Sept. 26, 1961, 75 Stat. 631, as amended, which is
classified generally to chapter 35 (Sec. 2551 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 2551 of this title, and
Tables.
This chapter, referred to in text, was in the original "this
Act", meaning Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1321, as
amended, which is classified principally to this chapter. For
complete classification of this Act to the Code, see Short Title
note below and Tables.
The Foreign Assistance Act of 1961, as amended, referred to in
text, is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
which is classified principally to chapter 32 (Sec. 2151 et seq.)
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.
REFERENCES TO FOREIGN MILITARY SALES ACT DEEMED REFERENCE TO ARMS
EXPORT CONTROL ACT
Section 201(b) of Pub. L. 94-329 provided that: "Any reference
to the Foreign Military Sales Act (see Short Title note above)
shall be deemed to be a reference to the Arms Export Control Act."
REFERENCES TO PRESENT INSTEAD OF PAST PROVISIONS; SPECIFIC
APPLICATION OF OTHER PROVISIONS TO THIS CHAPTER
Section 45(c) of Pub. L. 90-629 provided that: "References in
law to the provisions of law repealed by subsection (a) of this
section (repealing sections 2341 to 2343, 2344(b)(3), 2345,
2394(g), and 2399a of this title) shall hereafter (on and after
Oct. 22, 1968) be deemed to be references to this Act (this
chapter) or appropriate provisions of this Act. Except for the laws
specified in section 44 (section 2793 of this title), no other
provision of law shall be deemed to apply to this Act unless it
refers specifically to this Act or refers generally to sales of
defense articles and defense services under any Act."
-MISC2-
AMENDMENTS
1981 - Pub. L. 97-113 struck out paragraph which provided that it
was the sense of Congress that sales and guaranties under sections
2761, 2762, 2763, and 2764 of this title not be approved where they
would have had the effect of arming military dictators who were
denying the growth of fundamental rights or social progress to
their own people but allowing the President to waive this
limitation when he determined it would be important to the security
of the United States, and promptly so reported to the Speaker of
the House of Representatives and the Committee on Foreign Relations
in the Senate.
1978 - Pub. L. 95-384, Sec. 15(a), inserted paragraph relating to
adherence to a policy of restraint in conventional arms transfer.
1976 - Pub. L. 94-329 substituted in last paragraph provision
relating to a new statement of policy whereby the United States
shall exert leadership in the reduction of international trade in
arms, and in that regard, the President to initiate discussions and
actively work with other nations with a view towards control of
international trade in arms, for provisions relating to a reduction
in the role of the United States in furnishing of defense articles
and defense services to foreign countries and international
organizations by decreasing sales, credit sales and guarantees of
such articles and services.
1973 - Pub. L. 93-189 inserted last paragraph relating to a
reduction by the United States in the furnishing of defense
articles and defense services to foreign countries.
1971 - Pub. L. 91-672 substituted "denying the growth of
fundamental rights or social progress" for "denying social
progress" in last par.
EFFECTIVE DATE
Section 41 of Pub. L. 90-629 provided that: "This Act (enacting
this chapter, amending sections 2344, 2382, 2392, 2394, and 2403 of
this title, repealing sections 2341 to 2343, 2345, and 2399a of
this title, and enacting provisions set out as notes under this
section and section 2341 of this title) shall take effect on July
1, 1968."
SHORT TITLE OF 1991 AMENDMENT
Pub. L. 102-228, Sec. 1, Dec. 12, 1991, 105 Stat. 1691, provided
that: "This Act (enacting sections 2595b-1 and 2799 to 2799d of
this title, amending sections 2581, 2589, 2595, and 2595c of this
title, and enacting provisions set out as notes under section 2551
of this title) may be cited as the 'Conventional Forces in Europe
Treaty Implementation Act of 1991'."
SHORT TITLE
Pub. L. 90-629, as amended by section 201(a) of Pub. L. 94-329,
provided: "That this Act (enacting this chapter, amending sections
2382, 2392, 2394, and 2403 of this title, repealing sections 2341
to 2343, 2344, 2345, 2394, and 2399 of this title, and enacting
provisions set out as notes under this section and section 2341 of
this title) may be cited as the 'Arms Export Control Act'."
ELIGIBILITY OF PANAMA UNDER ARMS EXPORT CONTROL ACT
Pub. L. 104-164, title I, Sec. 154, July 21, 1996, 110 Stat.
1440, provided that: "The Government of the Republic of Panama
shall be eligible to purchase defense articles and defense services
under the Arms Export Control Act (22 U.S.C. 2751 et seq.), except
as otherwise specifically provided by law."
REPORTS ON COUNTERPROLIFERATION ACTIVITIES AND PROGRAMS
Pub. L. 103-337, div. A, title XV, Sec. 1503, Oct. 5, 1994, 108
Stat. 2916; Pub. L. 104-201, div. A, title XIII, Sec. 1309(d),
Sept. 23, 1996, 110 Stat. 2710, provided that:
"(a) Annual Report Required. - Not later than May 1 of each
year, the Secretary of Defense shall submit to Congress a report of
the findings of the Counterproliferation Program Review Committee
established by subsection (a) of the Review Committee charter.
"(b) Content of Report. - Each report under subsection (a) shall
include the following:
"(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 fiscal year preceding the
fiscal year in which the report is submitted, 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, 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.
"(c) Forms of Report. - Each such report shall be submitted in
both unclassified and classified forms, including an annex to the
classified report for special compartmented information programs,
special access programs, and special activities programs.
"(d) Review Committee Charter Defined. - For purposes of this
section, the term 'Review Committee charter' means section 1605 of
the National Defense Authorization Act for Fiscal Year 1994 (Pub.
L. 103-160) (22 U.S.C. 2751 note).
"(e) Termination of Requirement. - The final report required
under subsection (a) is the report for the year following the year
in which the Counterproliferation Program Review Committee
established under the Review Committee Charter ceases to exist."
ARAB LEAGUE BOYCOTT OF ISRAEL
Pub. L. 103-236, title V, Sec. 564, Apr. 30, 1994, 108 Stat. 484,
as amended by Pub. L. 103-415, Sec. 1(l), Oct. 25, 1994, 108 Stat.
4301, provided that:
"(a) Prohibition. - No defense article or defense service may be
sold or leased by the United States Government to any country or
international organization that, as a matter of policy or practice,
is known to have sent letters to United States firms requesting
compliance with, or soliciting information regarding compliance
with, the Arab League secondary or tertiary boycott of Israel,
unless the President determines, and so certifies to the
appropriate congressional committees, that that country or
organization does not currently maintain a policy or practice of
making such requests or solicitations.
"(b) Waiver. -
"(1) 1-year waiver. - On or after the effective date of this
section, the President may waive, for a period of 1 year, the
application of subsection (a) with respect to any country or
organization if the President determines, and reports to the
appropriate congressional committees, that -
"(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) Extension of waiver. - If the President determines that
the further extension of a waiver will promote the objectives of
this section, the President, upon notification of the appropriate
congressional committees, may grant further extensions of such
waiver for successive 12-month periods.
"(3) Termination of waiver. - The President may, at any time,
terminate any waiver granted under this subsection.
"(c) Definitions. - As used in this section -
"(1) the term 'appropriate congressional committees' means the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs (now Committee on International Relations) 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) Effective Date. - This section shall take effect 1 year
after the date of enactment of this Act (Apr. 30, 1994)."
(Certifications and determinations relating to suspension of
application by President under section 564 of Pub. L. 103-236, set
out above, were contained in the following:
(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
Pub. L. 103-160, div. A, title XVI, Sec. 1603, 1605, 1607, Nov.
30, 1993, 107 Stat. 1843, 1845, 1847, as amended by Pub. L.
103-337, div. A, title XV, Sec. 1502, 1505(a), (b), Oct. 5, 1994,
108 Stat. 2914, 2919; Pub. L. 104-106, div. A, title XV, Sec.
1504(b), Feb. 10, 1996, 110 Stat. 513; Pub. L. 104-201, div. A,
title XIII, Sec. 1309(a)-(c), Sept. 23, 1996, 110 Stat. 2710,
provided that:
"SEC. 1603. STUDIES RELATING TO UNITED STATES COUNTERPROLIFERATION
POLICY.
"(a) Authorization To Conduct Studies. - The Secretary of
Defense may conduct studies and analysis programs in support of the
counterproliferation policy of the United States.
"(b) Counterproliferation Studies. - Studies and analysis
programs under this section may include programs intended to
explore defense policy issues that might be involved in efforts to
prevent and counter the proliferation of weapons of mass
destruction and their delivery systems. Such efforts include -
"(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) Designation of Coordinator. - The Under Secretary of
Defense for Policy, subject to the supervision and control of the
Secretary of Defense, shall coordinate the policy studies and
analysis of the Department of Defense on countering proliferation
of weapons of mass destruction and their delivery systems.
"(d) Report. - Not later than April 30 of each year, the
Secretary of Defense shall submit to the appropriate congressional
committees a report on the activities carried out under subsection
(a). Each report shall set forth for the twelve-month period ending
on the last day of the month preceding the month in which the
report is due the following:
"(1) A description of the studies and analysis carried out.
"(2) The amounts spent for such studies and analysis.
"(3) The organizations that conducted the studies and
analysis.
"(4) An explanation of the extent to which such studies and
analysis contribute to the counterproliferation policy of the
United States and United States military capabilities to deter
and respond to terrorism, theft, and proliferation involving
weapons of mass destruction.
"(5) A description of the measures being taken to ensure that
such studies and analysis within the Department of Defense are
managed effectively and coordinated comprehensively.
"SEC. 1605. JOINT COMMITTEE FOR REVIEW OF COUNTERPROLIFERATION
PROGRAMS OF THE UNITED STATES.
"(a) Establishment. - (1) There is hereby established a
Counterproliferation Program Review Committee composed of the
following members:
"(A) The Secretary of Defense.
"(B) The Secretary of Energy.
"(C) The Director of Central Intelligence.
"(D) The Chairman of the Joint Chiefs of Staff.
"(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 and Technology 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 to the Secretary of Defense for Nuclear and
Chemical and Biological Defense Programs shall serve as executive
secretary to the committee.
"(b) Purposes of the Committee. - The purposes of the committee
are as follows:
"(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) Duties. - The committee shall -
"(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) Access to Information. - The committee shall have access to
information on all programs, projects, and activities of the
Department of Defense, the Department of State, the Department of
Energy, the intelligence community, and the Arms Control and
Disarmament Agency that are pertinent to the purposes and duties of
the committee.
"(e) Recommendations. - The committee shall submit to the
President and the heads of all appropriate departments and agencies
of the Government such programmatic recommendations regarding
existing, planned, or new programs as the committee considers
appropriate to encourage funding for capabilities and technologies
at the level necessary to support United States
counterproliferation policy.
"(f) Termination of Committee. - The committee shall cease to
exist at the end of September 30, 2000.
"SEC. 1607. DEFINITIONS.
"For purposes of this subtitle (subtitle A, Sec. 1601-1607, of
title XVI of div. A of Pub. L. 103-160, amending section 5859a of
this title and enacting this note):
"(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 (now Committee on International
Relations), 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)."
RESTRICTION ON ARMS SALES TO SAUDI ARABIA AND KUWAIT
Pub. L. 102-229, title I, Sec. 104, Dec. 12, 1991, 105 Stat.
1707, provided that:
"(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 Public Law
101-513 (104 Stat. 2007) and in section 634A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2394-1)."
ANNUAL REPORT ON PROLIFERATION OF MISSILES AND ESSENTIAL COMPONENTS
OF NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS
Pub. L. 102-190, div. A, title X, Sec. 1097, Dec. 5, 1991, 105
Stat. 1489, as amended by Pub. L. 104-106, div. A, title XV, Sec.
1502(c)(3), 1504(d), Feb. 10, 1996, 110 Stat. 507, 514, provided
that:
"(a) Report Required. - (1) The President shall submit to the
Committee on National Security and the Committee on International
Relations of the House of Representatives and the Committees on
Armed Services and Foreign Relations of the Senate an annual report
on the transfer by any country of weapons, technology, or materials
that can be used to deliver, manufacture, or weaponize nuclear,
biological, or chemical weapons (hereinafter in this section
referred to as 'NBC weapons') to any country other than a country
referred to in subsection (d) that is seeking to acquire such
weapons, technology, or materials, or other system that the
Secretary of Defense has reason to believe could be used to deliver
NBC weapons.
"(2) The first such report shall be submitted not later than 90
days after the date of the enactment of this Act (Dec. 5, 1991).
"(b) Matters To Be Covered. - Each such report shall cover -
"(1) the transfer of all aircraft, cruise missiles, artillery
weapons, unguided rockets and multiple rocket systems, and
related bombs, shells, warheads and other weaponization
technology and materials that the Secretary has reason to believe
may be intended for the delivery of NBC weapons;
"(2) international transfers of MTCR equipment or technology
to any country that is seeking to acquire such equipment or any
other system that the Secretary has reason to believe may be used
to deliver NBC weapons; and
"(3) the transfer of technology, test equipment, radioactive
materials, feedstocks and cultures, and all other specialized
materials that the Secretary has reason to believe could be used
to manufacture NBC weapons.
"(c) Content of Report. - Each such report shall include the
following:
"(1) The status of missile, aircraft, and other weapons
delivery and weaponization programs in any such country,
including efforts by such country to acquire MTCR equipment,
NBC-capable aircraft, or any other weapon or major weapon
component which is dedicated to the delivery of NBC weapons,
whose primary use is the delivery of NBC weapons, or that the
Secretary has reason to believe could be used to deliver NBC
weapons.
"(2) The status of NBC weapons development, manufacture, and
deployment programs in any such country, including efforts to
acquire essential test equipment, manufacturing equipment and
technology, weaponization equipment and technology, and
radioactive material, feedstocks or components of feedstocks, and
biological cultures and toxins.
"(3) A description of assistance provided by any person or
government, after the date of the enactment of this Act (Dec. 5,
1991), to any such country in the development of -
"(A) missile systems, as defined in the MTCR or that the
Secretary has reason to believe may be used to deliver NBC
weapons;
"(B) aircraft and other delivery systems and weapons that
the Secretary has reason to believe could be used to deliver
NBC weapons; and
"(C) NBC weapons.
"(4) A listing of those persons and countries which continue
to provide such equipment or technology described in paragraph
(3) to any country as of the date of submission of the report.
"(5) A description of the diplomatic measures that the United
States, and that other adherents to the MTCR and other agreements
affecting the acquisition and delivery of NBC weapons, have made
with respect to activities and private persons and governments
suspected of violating the MTCR and such other agreements.
"(6) An analysis of the effectiveness of the regulatory and
enforcement regimes of the United States and other countries that
adhere to the MTCR and other agreements affecting the acquisition
and delivery of NBC weapons in controlling the export of MTCR and
other NBC weapons and delivery system equipment or technology.
"(7) A summary of advisory opinions issued under section
11B(b)(4) of the Export Administration Act of 1979 (50 U.S.C.
App. 2401b(b)(4)) (50 App. U.S.C. 2410b(b)(4)) and under section
73(d) of the Arms Export Control Act (22 U.S.C. 2797b(d)).
"(8) An explanation of United States policy regarding the
transfer of MTCR equipment or technology to foreign missile
programs, including programs involving launches of space
vehicles.
"(d) Exclusions. - The countries excluded under subsection (a)
are Australia, Belgium, Canada, Denmark, France, Germany, Greece,
Iceland, Israel, Italy, Japan, Luxembourg, the Netherlands, Norway,
Portugal, Spain, Turkey, the United Kingdom, and the United States.
"(e) Classification of Report. - The President shall make every
effort to submit all of the information required by this section in
unclassified form. Whenever the President submits any such
information in classified form, he shall submit such classified
information in an addendum and shall also submit concurrently a
detailed summary, in unclassified form, of that classified
information.
"(f) Definitions. - For purposes of this section:
"(1) The terms 'missile', 'MTCR', and 'MTCR equipment or
technology' have the meanings given those terms in section 74 of
the Arms Export Control Act (22 U.S.C. 2797c).
"(2) The term 'weaponize' or 'weaponization' means to
incorporate into, or the incorporation into, usable ordnance or
other militarily useful means of delivery.
"(g) Repeal of Superseded Law. - Section 1704 of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510;
104 Stat. 1749; 22 U.S.C. 2797 (22 U.S.C. 2797 note)) is
repealed."
(Ex. Ord. No. 12851, Sec. 2(c), June 11, 1993, 58 F.R. 33181, set
out as a note under section 2797 of this title, delegated to
Secretary of State authority and duties of the President to make
certain reports to Congress as provided in section 1097 of the
National Defense Authorization Act for Fiscal Years 1992 and 1993,
Pub. L. 102-190, set out above.)
CONVENTIONAL ARMS TRANSFERS
Pub. L. 99-83, title I, Sec. 129, Aug. 8, 1985, 99 Stat. 206,
directed President, at the earliest possible date, in consultation
with United States allies, to initiate discussions with the Soviet
Union and France aimed at beginning multilateral negotiations to
limit and control the transfer of conventional arms to less
developed countries, and, within one year after Aug. 8, 1985,
submit to Speaker of House of Representatives and chairman of
Committee on Foreign Relations of Senate a report which specifies
steps being taken to fulfill such requirements and which examines
and analyzes, among specified matters, United States policies
concerning the export of conventional arms, especially
sophisticated weapons, and possible approaches to developing
multilateral limitations on conventional arms sales.
TERMINATION OF NONRECURRING ACTIVITIES UNDER FOREIGN ASSISTANCE ACT
OF 1961 AND THIS CHAPTER AND REMOVAL FROM LAW
Section 734(c) of Pub. L. 97-113 provided that: "Except as
otherwise explicitly provided by their terms, amendments to the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and the
Arms Export Control Act (this chapter) which are applicable only to
a single fiscal or calendar year or which require reports or other
actions on a nonrecurring basis shall be deemed to have expired and
shall be removed from law upon the expiration of the applicable
time periods for the fulfillment of the required actions."
REPORT TO CONGRESS BY PRESIDENT ON MULTILATERAL DISCUSSIONS
CONCERNING ARMS TRANSFER POLICY
Section 15(b) of Pub. L. 95-384 directed President, not later
than Dec. 31, 1979, to transmit to Congress a detailed report
assessing results and commenting on implications of multilateral
discussion referred to in paragraph added to this section by
section 15(a) of Pub. L. 95-384, relating to adherence to a policy
of restraint in conventional arms transfer, prior to repeal by Pub.
L. 97-113, title VII, Sec. 734(a)(12), Dec. 29, 1981, 95 Stat.
1560.
REPORT BY PRESIDENT ON REVIEW OF ARMS SALES CONTROLS ON NON-LETHAL
ITEMS
Section 25 of Pub. L. 95-384 directed President, within 120 days
after Sept. 26, 1978, to report in writing to Speaker of House of
Representatives and chairman of Committee on Foreign Relations of
Senate the results of the review conducted pursuant to Pub. L.
95-92, Sec. 27, Aug. 4, 1977, 91 Stat. 626, set out below, prior to
repeal by Pub. L. 97-113, title VII, Sec. 734(a)(12), Dec. 29,
1981, 95 Stat. 1560.
REPORT BY PRESIDENT ON IMPACT OF FOREIGN ARMS SALES AND TRANSFERS
TO FOREIGN GOVERNMENTS ON DEFENSE READINESS AND NATIONAL SECURITY
OF UNITED STATES
Pub. L. 95-92, Sec. 23, Aug. 4, 1977, 91 Stat. 624, set forth
provisions respecting Presidential report on impact of United
States foreign arms sales and transfers on defense readiness and
national security, prior to repeal by Pub. L. 95-384, Sec.
29(c)(2)(B), Sept. 26, 1978, 92 Stat. 747.
STUDY BY PRESIDENT OF NATIONAL SECURITY AND MILITARY IMPLICATIONS
OF INTERNATIONAL TRANSFERS OF TECHNOLOGY; SCOPE OF STUDY;
UTILIZATION OF EXECUTIVE DEPARTMENTS AND AGENCIES
Pub. L. 95-92, Sec. 24, Aug. 4, 1977, 91 Stat. 624, as amended by
Pub. L. 97-113, title VII, Sec. 734(a)(13), Dec. 29, 1981, 95 Stat.
1560, directed President to conduct a comprehensive study of
policies and practices of United States Government with respect to
national security and military implications of international
transfers of technology in order to determine whether such policies
and practices should be changed, with President to utilize
resources and expertise of Arms Control and Disarmament Agency,
Department of State, Department of Defense, Department of Commerce,
National Science Foundation, Office of Science and Technology
Policy, and such other entities within the Executive branch as he
deemed necessary.
STATEMENT OF POLICY REGARDING UNITED STATES ARMS SALES TO ISRAEL
Pub. L. 95-92, Sec. 26, Aug. 4, 1977, 91 Stat. 625, provided
that: "In accordance with the historic special relationship
between the United States and Israel and previous agreements and
continuing understandings, the Congress joins with the President in
reaffirming that a policy of restraint in United States arms
transfers, including arms sales ceilings, shall not impair Israel's
deterrent strength or undermine the military balance in the Middle
East."
REVIEW BY PRESIDENT OF CATEGORIES AND ARMS SALES CONTROLS ON LETHAL
AND NON-LETHAL ITEMS
Pub. L. 95-92, Sec. 27, Aug. 4, 1977, 91 Stat. 626, directed
President to undertake a review of all regulations relating to arms
control for the purpose of defining and categorizing lethal and
non-lethal products and establishing the appropriate level of
control for each category.
STUDY OF UNITED STATES ARMS SALES POLICIES AND PRACTICES BY
PRESIDENT; REPORT TO CONGRESS
Section 202(b) of Pub. L. 94-329 set forth provisions respecting
study and report to Congress of United States arms sales policies
and practices, prior to repeal by Pub. L. 95-384, Sec. 29(c)(1)(A),
Sept. 26, 1978, 92 Stat. 747.
PRESIDENTIAL REPORT REGARDING SALES OF EXCESS DEFENSE ARTICLES TO
FOREIGN GOVERNMENTS AND INTERNATIONAL ORGANIZATIONS
Section 217 of Pub. L. 94-329 set forth provisions respecting
report by the President of all sales under this chapter of excess
defense articles to foreign governments and international
organizations, prior to repeal by Pub. L. 95-384, Sec. 29(c)(1)(B),
Sept. 26, 1978, 92 Stat. 747.
STUDY BY SECRETARIES OF STATE AND DEFENSE ON CONSEQUENCES OF
ENACTMENT OF ARMS EXPORT CONTROL PROVISIONS
Section 218 of Pub. L. 94-329 set forth provisions respecting
study by the Secretaries of State and Defense on consequences of
enactment of arms export control provisions by title II of Pub. L.
94-329, prior to repeal by Pub. L. 95-384, Sec. 29(c)(1)(C), Sept.
26, 1978, 92 Stat. 747.
TOTAL NUMBER OF CREDITS TO BE EXTENDED BETWEEN JULY 1, 1976, AND
SEPTEMBER 30, 1976
Section 506(b) of Pub. L. 94-329 provided that the total number
of credits extended pursuant to this chapter, between July 1, 1976,
and Sept. 30, 1976, not exceed an amount equal to one-fourth of the
total amount of credits extended and guaranteed for fiscal year
1976.
ADDITIONAL MILITARY AND CIVILIAN PERSONNEL FOR DEPARTMENT OF
DEFENSE
Pub. L. 94-329, title VI, Sec. 605(a), June 30, 1976, 90 Stat.
768, provided that: "Nothing in this Act (see Short Title of 1976
Amendment note set out under section 2151 of the title) is intended
to authorize any additional military or civilian personnel for the
Department of Defense for the purposes of this Act, the Foreign
Assistance Act of 1961 (section 2151 et seq. of this title), or the
Arms Export Control Act (this chapter). Personnel levels
authorized in statutes authorizing appropriations for military and
civilian personnel of the Department of Defense shall be
controlling over all military and civilian personnel of the
Department of Defense assigned to carry out functions under the
Arms Export Control Act and the Foreign Assistance Act of 1961."
SALES TO THE MIDDLE EAST; REQUESTS FOR ADDITIONAL APPROPRIATIONS
Section 5 of Pub. L. 91-672 provided that: "It is the sense of
Congress that (1) the President should continue to press forward
urgently with his efforts to negotiate with the Soviet Union and
other powers a limitation on arms shipments to the Middle East, (2)
the President should be supported in his position that arms will be
made available and credits provided to Israel and other friendly
states, to the extent that the President determines such assistance
to be needed in order to meet threats to the security and
independence of such states, and (3) if the authorization provided
in the Foreign Military Sales Act, as amended (this chapter),
should prove to be insufficient to effectuate this stated policy,
the President should promptly submit to the Congress requests for
an appropriate supplementary authorization and appropriation."
REVIEW OF MILITARY AID PROGRAMS AND EFFORTS FOR REGULATION OF
CONVENTIONAL ARMS TRADE
Section 6 of Pub. L. 91-672 provided that: "It is the sense of
the Congress that -
"(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."
-EXEC-
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 this chapter, was revoked by Ex. Ord. No.
11958, Jan. 18, 1977, 42 F.R. 4311, set out below.
EX. ORD. NO. 11958. ADMINISTRATION OF CHAPTER
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, Sec. 7, Dec. 14, 1990, 55 F.R. 52035;
Ex. Ord. No. 13030, Sec. 2, Dec. 12, 1996, 61 F.R. 66187, provided:
By virtue of the authority vested in me by the Constitution and
statutes of the United States of America, including the Arms Export
Control Act, as amended (22 U.S.C. 2751 et seq.), and Section 301
of Title 3 of the United States Code, and as President of the
United States of America, it is hereby ordered as follows:
Section 1. Delegation of Functions. The following functions
conferred upon the President by the Arms Export Control Act (22
U.S.C. 2751 et seq.), hereinafter referred to as the Act, and
related legislation, are delegated 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) to
the Secretary of State: Provided, That the Secretary of State, in
the implementation of the functions delegated to him under Sections
3(a) and (d) of the Act, 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, 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), (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, 2770a) to the Secretary of Defense.
(e) Those under Section 23 of the Act (22 U.S.C. 2763) and
section 571 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-167) (22
U.S.C. 2763 note), to the Secretary of Defense, to be exercised in
consultation with the Secretary of State and the Secretary of the
Treasury, except that the President shall determine any rate of
interest to be charged which is less than the market rate of
interest.
(f) Those under Sections 24, 27, and 28 of the Act (22 U.S.C.
2764, 2767, former 2768) to the Secretary of Defense. The Secretary
of Defense, in implementing the functions delegated to him under
Sections 24 and 27 (22 U.S.C. 2764, 2767), shall consult with the
Secretary of State and the Secretary of the Treasury.
(g) Those under Section 25 of the Act (22 U.S.C. 2765) to the
Secretary of State. The Secretary of Defense and the Director of
the Arms Control and Disarmament Agency, within their respective
areas of responsibility, 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
and 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), (b)(1)), except with respect to the certification of an
emergency as provided by subsection (b)(1), to the Secretary of
Defense. The Secretary of Defense, in the implementation of the
functions delegated to him under Sections 36(a) and (b)(1) shall
consult with the Secretary of State, who shall, with respect to
matters related to subparagraphs (D) and (I) of Section 36(b)(1),
consult with the Director of the Arms Control and Disarmament
Agency. With respect to those functions under Sections 36(a)(5) and
(6), the Secretary of Defense shall consult with the Director of
the Office of Management and Budget.
(k) Those under Sections 36(c) and (d) of the Act (22 U.S.C.
2776(c), (d)) to the Secretary of State.
(l) Those under Section 38 of the Act (22 U.S.C. 2778):
(1) to 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 which
shall be considered as defense articles and defense services
subject to export control under Section 38 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 department or agency as appropriate, which shall exercise
such functions in consultation with the Secretary of State;
(2) to the Secretary of the Treasury, to the extent they relate
to the control of the import of defense articles and defense
services. In carrying out such functions, the Secretary of the
Treasury 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 Secretary of the Treasury of items or
categories of items which shall be considered as defense articles
and defense services subject to import control under Section 38 of
the Act (22 U.S.C. 2778) shall have the concurrence of the
Secretary of State and the Secretary of Defense;
(3) to the Secretary of Commerce, to carry out on behalf of the
Secretary of State, to the extent such functions involve Section
38(e) of the Act (22 U.S.C. 2778(e)) and are agreed to by the
Secretary of State and the Secretary of Commerce.
(m) 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).
(n) Those under Section 40A of the Act (22 U.S.C. 2781), as added
by the Antiterrorism and Effective Death Penalty Act of 1996
(Public Law 104-132), to the Secretary of State.
(o) Those under Sections 42(c) and (f) of the Act (22 U.S.C.
2791(c), (f)) to the Secretary of Defense. The Secretary of Defense
shall obtain the concurrence of the Secretary of State and the
Secretary of the Treasury on any determination proposed under the
authority of Section 42(c) of the Act (22 U.S.C. 2791(c)).
(p) Those under Sections 52(b) and 53 of the Act (22 U.S.C.
2795a(b), 2795b) to the Secretary of Defense.
(q) Those under Sections 61 and 62(a) of the Act (22 U.S.C. 2796,
2796a(a)) to the Secretary of Defense.
(r) Those under Section 2(b)(6) of the Export-Import Bank Act of
1945 (12 U.S.C. 635(b)(6)) to the Secretary of State.
(s) Those under Section 588(b) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1989 (Public
Law 100-461) (Oct. 1, 1988, 102 Stat. 2268-51), to the Secretary of
Defense, except with respect to the determination of an emergency
as provided by subsection (b)(3). The Secretary of Defense in
implementation of the functions delegated to him under section
588(b) shall consult with the Secretary of State.
Sec. 2. Coordination. (a) In addition to the specific provisions
of Section 1 of this Order, the Secretary of State and the
Secretary of Defense, in carrying out the functions delegated to
them under this Order, shall consult with each other and with the
heads of other departments and agencies, including the Secretary of
the Treasury, the Director of the United States International
Development Cooperation Agency, the Director of the Arms Control
and Disarmament Agency, and the Chairman of the Export-Import Bank,
on matters pertaining to their responsibilities.
(b) In accordance with Section 2(b) of the Act (22 U.S.C.
2752(b)) and under the directions of the President, 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 but
not limited to, 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.
Sec. 3. Allocation of Funds. Funds appropriated to the President
for carrying out the Act shall be deemed to be allocated to the
Secretary of Defense without any further action of the President.
Sec. 4. Revocation. Executive Order No. 11501, as amended, is
revoked; except that, to the extent consistent with this Order, all
determinations, authorizations, regulations, rulings, certificates,
orders, directives, contracts, agreements, and other actions made,
issued, taken or entered into under the provisions of Executive
Order No. 11501, as amended, and not revoked, superseded or
otherwise made inapplicable, shall continue in full force and
effect until amended, modified or terminated by appropriate
authority.
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We demand the whole truth with an honest viewpoint.
Don't send money. Call Jo(e) Congress and send letters.
Forest Glen Durland, CEO. 14675 1/2 Big Basin Way, Saratoga, CA 95070-6081
Voice: (408) 867-4410; Fax: (408)868-9446; Click here for email.
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