From:  ftp://ftp.cygnus.com/pub/export/aeca.in.full


-CITE-
22 USC Sec. 2778
-EXPCITE-
TITLE 22
CHAPTER 39
SUBCHAPTER III
-HEAD-
Sec. 2778. Control of arms exports and imports
-STATUTE-
(a) Presidential control of exports and imports of defense articles
and services, guidance of policy, etc.; designation of United
States Munitions List; issuance of export licenses; condition
for export; negotiations information
(1) In furtherance of world peace and the security and foreign
policy of the United States, the President is authorized to control
the import and the export of defense articles and defense services
and to provide foreign policy guidance to persons of the United
States involved in the export and import of such articles and
services. The President is authorized to designate those items
which shall be considered as defense articles and defense services
for the purposes of this section and to promulgate regulations for
the import and export of such articles and services. The items so
designated shall constitute the United States Munitions List.
(2) Decisions on issuing export licenses under this section shall
be made in coordination with the Director of the United States Arms
Control and Disarmament Agency and shall take into account the
Director's opinion as to whether the export of an article will
contribute to an arms race, support international terrorism,
increase the possibility of outbreak or escalation of conflict, or
prejudice the development of bilateral or multilateral arms control
arrangements.
(3) In exercising the authorities conferred by this section, the
President may require that any defense article or defense service
be sold under this chapter as a condition of its eligibility for
export, and may require that persons engaged in the negotiation for
the export of defense articles and services keep the President
fully and currently informed of the progress and future prospects
of such negotiations.
(b) Registration and licensing requirements for manufacturers,
exporters, or importers of designated defense articles and
defense services
(1)(A) As prescribed in regulations issued under this section,
every person (other than an officer or employee of the United
States Government acting in an official capacity) who engages in
the business of manufacturing, exporting, or importing any defense
articles or defense services designated by the President under
subsection (a)(1) of this section shall register with the United
States Government agency charged with the administration of this
section, and shall pay a registration fee which shall be prescribed
by such regulations. Such regulations shall prohibit the return to
the United States for sale in the United States (other than for the
Armed Forces of the United States and its allies or for any State
or local law enforcement agency) of any military firearms or
ammunition of United States manufacture furnished to foreign
governments by the United States under this chapter or any other
foreign assistance or sales program of the United States, whether
or not enhanced in value or improved in condition in a foreign
country. This prohibition shall not extend to similar firearms
that have been so substantially transformed as to become, in
effect, articles of foreign manufacture.
(B) (FOOTNOTE 1) The prohibition under such regulations required
by the second sentence of subparagraph (A) shall not extend to any
military firearms (or ammunition, components, parts, accessories,
and attachments for such firearms) of United States manufacture
furnished to any foreign government by the United States under this
chapter or any other foreign assistance or sales program of the
United States if -
(FOOTNOTE 1) So in original. There are two subpars. designated
'(B)'.
(i) such firearms are among those firearms that the Secretary
of the Treasury is, or was at any time, required to authorize the
importation of by reason of the provisions of section 925(e) of
title 18 (including the requirement for the listing of such
firearms as curios or relics under section 921(a)(13) of that
title); and
(ii) such foreign government certifies to the United States
Government that such firearms are owned by such foreign
government.
(B) (FOOTNOTE 1) A copy of each registration made under this
paragraph shall be transmitted to the Secretary of the Treasury for
review regarding law enforcement concerns. The Secretary shall
report to the President regarding such concerns as necessary.
(2) Except as otherwise specifically provided in regulations
issued under subsection (a)(1) of this section, no defense articles
or defense services designated by the President under subsection
(a)(1) of this section may be exported or imported without a
license for such export or import, issued in accordance with this
chapter and regulations issued under this chapter, except that no
license shall be required for exports or imports made by or for an
agency of the United States Government (A) for official use by a
department or agency of the United States Government, or (B) for
carrying out any foreign assistance or sales program authorized by
law and subject to the control of the President by other means.
(3)(A) For each of the fiscal years 1988 and 1989, $250,000 of
registration fees collected pursuant to paragraph (1) shall be
credited to a Department of State account, to be available without
fiscal year limitation. Fees credited to that account shall be
available only for the payment of expenses incurred for -
(i) contract personnel to assist in the evaluation of munitions
control license applications, reduce processing time for license
applications, and improve monitoring of compliance with the terms
of licenses; and
(ii) the automation of munitions control functions and the
processing of munitions control license applications, including
the development, procurement, and utilization of computer
equipment and related software.
(B) The authority of this paragraph may be exercised only to such
extent or in such amounts as are provided in advance in
appropriation Acts.
(c) Criminal violations; punishment
Any person who willfully violates any provision of this section
or section 2779 of this title, or any rule or regulation issued
under either section, or who willfully, in a registration or
license application or required report, makes any untrue statement
of a material fact or omits to state a material fact required to be
stated therein or necessary to make the statements therein not
misleading, shall upon conviction be fined for each violation not
more than $1,000,000 or imprisoned not more than ten years, or
both.
(d) Repealed. Pub. L. 96-70, title III, Sec. 3303(a)(4), Sept. 27,
1979, 93 Stat. 499
(e) Enforcement powers of President
In carrying out functions under this section with respect to the
export of defense articles and defense services, the President is
authorized to exercise the same powers concerning violations and
enforcement which are conferred upon departments, agencies and
officials by subsections (c), (d), (e), and (g) of section 11 of
the Export Administration Act of 1979 (50 App. U.S.C. 2410(c), (d),
(e), and (g)), and by subsections (a) and (c) of section 12 of such
Act (50 App. U.S.C. 2411(a) and (c)), subject to the same terms and
conditions as are applicable to such powers under such Act (50 App.
U.S.C. 2401 et seq.). Nothing in this subsection shall be
construed as authorizing the withholding of information from the
Congress. Notwithstanding section 11(c) of the Export
Administration Act of 1979, the civil penalty for each violation
involving controls imposed on the export of defense articles and
defense services under this section may not exceed $500,000.
(f) Periodic review of items on Munitions List
The President shall periodically review the items on the United
States Munitions List to determine what items, if any, no longer
warrant export controls under this section. The results of such
reviews shall be reported to the Speaker of the House of
Representatives and to the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the Senate.
Such a report shall be submitted at least 30 days before any item
is removed from the Munitions List and shall describe the nature of
any controls to be imposed on that item under the Export
Administration Act of 1979 (50 App. U.S.C. 2401 et seq.).
(g) Identification of persons convicted or subject to indictment
for violations of certain provisions
(1) The President shall develop appropriate mechanisms to
identify, in connection with the export licensing process under
this section -
(A) persons who are the subject of an indictment for, or have
been convicted of, a violation under -
(i) this section,
(ii) section 11 of the Export Administration Act of 1979 (50
U.S.C. App. 2410),
(iii) section 793, 794, or 798 of title 18 (relating to
espionage involving defense or classified information),
(iv) section 16 of the Trading with the Enemy Act (50 U.S.C.
App. 16),
(v) section 206 of the International Emergency Economic
Powers Act (relating to foreign assets controls; 50 U.S.C. App.
1705) (50 U.S.C. 1705),
(vi) section 30A of the Securities Exchange Act of 1934 (15
U.S.C. 78dd-1) or section 104 of the Foreign Corrupt Practices
Act (15 U.S.C. 78dd-2),
(vii) chapter 105 of title 18 (relating to sabotage),
(viii) section 4(b) of the Internal Security Act of 1950
(relating to communication of classified information; 50 U.S.C.
783(b)),
(ix) section 57, 92, 101, 104, 222, 224, 225, or 226 of the
Atomic Energy Act of 1954 (42 U.S.C. 2077, 2122, 2131, 2134,
2272, 2274, 2275, and 2276),
(x) section 601 of the National Security Act of 1947
(relating to intelligence identities protection; 50 U.S.C.
421), or
(xi) section 603(b) or (c) of the Comprehensive
Anti-Apartheid Act of 1986 (22 U.S.C. 5113(b) and (c));
(B) persons who are the subject of an indictment or have been
convicted under section 371 of title 18 for conspiracy to violate
any of the statutes cited in subparagraph (A); and
(C) persons who are ineligible -
(i) to contract with,
(ii) to receive a license or other form of authorization to
export from, or
(iii) to receive a license or other form of authorization to
import defense articles or defense services from,
any agency of the United States Government.
(2) The President shall require that each applicant for a license
to export an item on the United States Munitions List identify in
the application all consignees and freight forwarders involved in
the proposed export.
(3) If the President determines -
(A) that an applicant for a license to export under this
section is the subject of an indictment for a violation of any of
the statutes cited in paragraph (1),
(B) that there is reasonable cause to believe that an applicant
for a license to export under this section has violated any of
the statutes cited in paragraph (1), or
(C) that an applicant for a license to export under this
section is ineligible to contract with, or to receive a license
or other form of authorization to import defense articles or
defense services from, any agency of the United States
Government,
the President may disapprove the application. The President shall
consider requests by the Secretary of the Treasury to disapprove
any export license application based on these criteria.
(4) A license to export an item on the United States Munitions
List may not be issued to a person -
(A) if that person, or any party to the export, has been
convicted of violating a statute cited in paragraph (1), or
(B) if that person, or any party to the export, is at the time
of the license review ineligible to receive export licenses (or
other forms of authorization to export) from any agency of the
United States Government,
except as may be determined on a case-by-case basis by the
President, after consultation with the Secretary of the Treasury,
after a thorough review of the circumstances surrounding the
conviction or ineligibility to export and a finding by the
President that appropriate steps have been taken to mitigate any
law enforcement concerns.
(5) A license to export an item on the United States Munitions
List may not be issued to a foreign person (other than a foreign
government).
(6) The President may require a license (or other form of
authorization) before any item on the United States Munitions List
is sold or otherwise transferred to the control or possession of a
foreign person or a person acting on behalf of a foreign person.
(7) The President shall, in coordination with law enforcement and
national security agencies, develop standards for identifying
high-risk exports for regular end-use verification. These
standards shall be published in the Federal Register and the
initial standards shall be published not later than October 1,
1988.
(8) Upon request of the Secretary of State, the Secretary of
Defense and the Secretary of the Treasury shall detail to the
office primarily responsible for export licensing functions under
this section, on a nonreimbursable basis, personnel with
appropriate expertise to assist in the initial screening of
applications for export licenses under this section in order to
determine the need for further review of those applications for
foreign policy, national security, and law enforcement concerns.
(9) For purposes of this subsection -
(A) the term 'foreign corporation' means a corporation that is
not incorporated in the United States;
(B) the term 'foreign government' includes any agency or
subdivision of a foreign government, including an official
mission of a foreign government;
(C) the term 'foreign person' means any person who is not a
citizen or national of the United States or lawfully admitted to
the United States for permanent residence under the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.), and includes foreign
corporations, international organizations, and foreign
governments;
(D) the term 'party to the export' means -
(i) the president, the chief executive officer, and other
senior officers of the license applicant;
(ii) the freight forwarders or designated exporting agent of
the license application; and
(iii) any consignee or end user of any item to be exported;
and
(E) the term 'person' means a natural person as well as a
corporation, business association, partnership, society, trust,
or any other entity, organization, or group, including
governmental entities.
(h) Judicial review of designation of items as defense articles or
services
The designation by the President (or by an official to whom the
President's functions under subsection (a) of this section have
been duly delegated), in regulations issued under this section, of
items as defense articles or defense services for purposes of this
section shall not be subject to judicial review.
-SOURCE-
(Pub. L. 90-629, ch. 3, Sec. 38, as added Pub. L. 94-329, title II,
Sec. 212(a)(1), June 30, 1976, 90 Stat. 744; amended Pub. L. 95-92,
Sec. 20, Aug. 4, 1977, 91 Stat. 623; Pub. L. 96-70, title III, Sec.
3303(a)(4), Sept. 27, 1979, 93 Stat. 499; Pub. L. 96-72, Sec.
22(a), Sept. 29, 1979, 93 Stat. 535; Pub. L. 96-92, Sec. 21, Oct.
29, 1979, 93 Stat. 710; Pub. L. 96-533, title I, Sec. 107(a), (c),
Dec. 16, 1980, 94 Stat. 3136; Pub. L. 97-113, title I, Sec. 106,
107, Dec. 29, 1981, 95 Stat. 1522; Pub. L. 99-64, title I, Sec.
123(a), July 12, 1985, 99 Stat. 156; Pub. L. 99-83, title I, Sec.
119(a), (b), Aug. 8, 1985, 99 Stat. 203, 204; Pub. L. 100-202, Sec.
101(b) (title VIII, Sec. 8142(a)), Dec. 22, 1987, 101 Stat.
1329-43, 1329-88; Pub. L. 100-204, title XII, Sec. 1255, Dec. 22,
1987, 101 Stat. 1429; Pub. L. 101-222, Sec. 3(a), 6, Dec. 12, 1989,
103 Stat. 1896, 1899.)
-REFTEXT-
REFERENCES IN TEXT
The Export Administration Act of 1979, referred to in subsecs.
(e) and (f), is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, as
amended, which is classified principally to section 2401 et seq. of
Title 50, Appendix, War and National Defense. For complete
classification of this Act to the Code, see Short Title note set
out under section 2401 of Title 50, Appendix, and Tables.
Section 104 of the Foreign Corrupt Practices Act (15 U.S.C.
78dd-2), referred to in subsec. (g)(1)(A)(vi), probably means
section 104 of the Foreign Corrupt Practices Act of 1977, which is
classified to section 78dd-2 of Title 15, Commerce and Trade.
The Immigration and Nationality Act, referred to in subsec.
(g)(9)(C), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended,
which is classified principally to chapter 12 (Sec. 1101 et seq.)
of Title 8, Aliens and Nationality. For complete classification of
this Act to the Code, see Short Title note set out under section
1101 of Title 8 and Tables.
-MISC2-
REFERENCE TO SECTION 1934 OF THIS TITLE DEEMED REFERENCE TO THIS
SECTION
Section 212(b)(1) of Pub. L. 94-329 provided in part that: 'Any
reference to such section (section 1934 of this title) shall be
deemed to be a reference to section 38 of the Arms Export Control
Act (this section) and any reference to licenses issued under
section 38 of the Arms Export Control Act (this section) shall be
deemed to include a reference to licenses issued under section 414
of the Mutual Security Act of 1954.'
AMENDMENTS
1989 - Subsec. (a)(2). Pub. L. 101-222, Sec. 3(a), inserted
'support international terrorism,' after 'arms race,'.
Subsec. (h). Pub. L. 101-222, Sec. 6, added subsec. (h).
1987 - Subsec. (b)(1). Pub. L. 100-204, Sec. 1255(b), designated
existing provisions as subpar. (A) and added subpar. (B) relating
to review by Secretary of the Treasury of munitions control
registrations.
Pub. L. 100-202 designated existing provisions as subpar. (A) and
added subpar. (B) relating to allowance of return to United States
of certain military firearms, etc., under certain circumstances.
Subsec. (b)(3). Pub. L. 100-204, Sec. 1255(c), added par. (3).
Subsec. (g). Pub. L. 100-204, Sec. 1255(a), added subsec. (g).
1985 - Subsec. (c). Pub. L. 99-83, Sec. 119(a), inserted 'for
each violation' before 'not more' and substituted '$1,000,000' for
'$100,000' and 'ten' for 'two'.
Subsec. (e). Pub. L. 99-83, Sec. 119(b), inserted provisions
relating to civil penalty for each violation.
Pub. L. 99-64 substituted '(g)' for '(f)'.
1981 - Subsec. (b)(3). Pub. L. 97-113, Sec. 106, struck out par.
(3) which placed a $100,000,000 ceiling on commercial arms exports
of major defense equipment to all countries other than NATO
countries, Japan, Australia, and New Zealand.
Subsec. (f). Pub. L. 97-113, Sec. 107, added subsec. (f).
1980 - Subsec. (a)(3). Pub. L. 96-533, Sec. 107(c), added par.
(3).
Subsec. (b)(3). Pub. L. 96-533, Sec. 107(a), increased the
limitation in the sale of major defense equipment exports to
$100,000,000 from $35,000,000.
1979 - Subsec. (b)(3). Pub. L. 96-92 increased the limitation in
the sale of major defense equipment exports to $35,000,000 from
$25,000,000.
Subsec. (d). Pub. L. 96-70 struck out subsec. (d) which provided
that this section applies to and within the Canal Zone.
Subsec. (e). Pub. L. 96-72 substituted 'subsections (c), (d),
(e), and (f) of section 11 of the Export Administration Act of
1979, and by subsections (a) and (c) of section 12 of such Act' for
'sections 6(c), (d), (e), and (f) and 7(a) and (c) of the Export
Administration Act of 1969'.
1977 - Subsec. (b)(3). Pub. L. 95-92 inserted provisions relating
to exceptions to prohibitions against issuance of licenses under
this section and procedures applicable for implementation of such
exceptions.
EFFECTIVE DATE OF 1987 AMENDMENT
Section 101(b) (title VIII, Sec. 8142(b)) of Pub. L. 100-202
provided that:
'(1) Except as provided in paragraphs (2) and (3), subparagraph
(B) of section 38(b)(1) of the Arms Export Control Act (subsec.
(b)(1)(B) of this section), as added by subsection (a), shall take
effect at the end of the ninety-day period beginning on the date of
the enactment of this Act (Dec. 22, 1987).
'(2)(A) Such subparagraph shall take effect on the date of the
enactment of this Act (Dec. 22, 1987) with respect to any military
firearms or ammunition (or components, parts, accessories and
attachments for such firearms) with respect to which an import
permit was issued by the Secretary of the Treasury on or after July
1, 1986, irrespective of whether such import permit was
subsequently suspended, revoked, or withdrawn by the Secretary of
the Treasury based on the application of section 38(b)(1) of the
Arms Export Control Act (subsec. (b)(1) of this section) as in
effect on the day before the date of the enactment of this Act.
'(B) In the case of an import permit described in subparagraph
(A) which was suspended, revoked, or withdrawn by the Secretary of
the Treasury during the period beginning on July 1, 1986, and
ending on the date of the enactment of this Act (Dec. 22, 1987)
under the conditions described in such subparagraph, such import
permit shall be reinstated and reissued immediately upon the
enactment of this Act, and in any event not later than ten days
after the date of the enactment of this Act.
'(3) During the period preceding the revision of regulations
issued under section 38(b)(1) of the Arms Export Control Act
(subsec. (b)(1) of this section) to reflect the provisions of
subparagraph (B) of such section, as added by subsection (a), such
regulations may not be applied with respect to matters covered by
paragraph (2) of this subsection so as to prohibit or otherwise
restrict the importation of firearms described in that paragraph or
in any other manner inconsistent with that paragraph,
notwithstanding that such regulations have not yet been so revised:
Provided, That this section shall not take effect if during the
twenty day period beginning on the date of enactment of this
section (Dec. 22, 1987) the Secretary of State, the Secretary of
Defense, or the Secretary of the Treasury notifies Congress that he
has an objection to the intent of this section: Provided further,
That the Attorney General shall, within the period of time stated
in the first proviso, submit a certification to Congress indicating
whether the enactment of this section will interfere with any
ongoing criminal investigation with respect to this section. If a
certification of criminal investigative interference or an
objection to the intent of this section is made, as herein
provided, no permit shall be issued to anyone.'
EFFECTIVE DATE OF 1985 AMENDMENT
Section 119(c) of Pub. L. 99-83 provided that: 'This section
(amending this section) shall take effect upon the date of
enactment of this Act (Aug. 8, 1985) or October 1, 1985, whichever
is later. The amendments made by this section apply with respect
to violations occurring after the effective date of this section.'
EFFECTIVE DATE OF 1979 AMENDMENTS
Amendment by Pub. L. 96-72 effective upon the expiration of the
Export Administration Act of 1969, which terminated on Sept. 30,
1979, or upon any prior date which the Congress by concurrent
resolution or the President by proclamation designated, see section
2418 and Prior Provisions note set out under section 2413 of Title
50, Appendix, War and National Defense.
Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section
3304 of Pub. L. 96-70, set out as an Effective Date note under
section 3601 of this title.
-TRANS-
DELEGATION OF FUNCTIONS
Functions of President under this section, with certain
exceptions, delegated to Secretary of State, with concurrence of
Secretary of Defense required for designations of items or
categories of items which are considered as defense articles or
services subject to export control under this section, by section
1(l)(1) of Ex. Ord. No. 11958, Jan. 18, 1977, 42 F.R. 4311, as
amended, set out as a note under section 2751 of this title.
Functions of President under this section relating to the control
of import of defense articles and services transferred to Secretary
of the Treasury, with certain requirements for considering the
views of Secretary of State and for receiving concurrence of
Secretary of State and Secretary of Defense for designations of
items or categories of items which are considered as defense
articles and services subject to import control under this section,
by section 1(l)(2) of Ex. Ord. No. 11958.
Functions of President which involve subsec. (e) of this section
and are agreed to by Secretary of State and Secretary of Commerce
delegated to Secretary of Commerce to be carried out on behalf of
Secretary of State by section 1(l)(3) of Ex. Ord. No. 11958.
-MISC5-
LANDMINE EXPORT MORATORIUM
Pub. L. 102-484, div. A, title XIII, Sec. 1365, Oct. 23, 1992,
106 Stat. 2561, provided that:
'(a) Findings. - The Congress makes the following findings:
'(1) Anti-personnel landmines, which are specifically designed
to maim and kill people, have been used indiscriminately in
dramatically increasing numbers, primarily in insurgencies in
poor developing countries. Noncombatant civilians, including
tens of thousands of children, have been the primary victims.
'(2) Unlike other military weapons, landmines often remain
implanted and undiscovered after conflict has ended, causing
untold suffering to civilian populations. In Afghanistan,
Cambodia, Laos, Vietnam, and Angola, tens of millions of
unexploded landmines have rendered whole areas uninhabitable. In
Afghanistan, an estimated hundreds of thousands of people have
been maimed and killed by landmines during the 14-year civil
war. In Cambodia, more than 20,000 civilians have lost limbs and
another 60 are being maimed each month from landmines.
'(3) Over 35 countries are known to manufacture landmines,
including the United States. However, the United States is not a
major exporter of landmines. During the past ten years the
Department of State has approved ten licenses for the commercial
export of anti-personnel landmines valued at $980,000, and during
the past five years the Department of Defense has approved the
sale of 13,156 anti-personnel landmines valued at $841,145.
'(4) The United States signed, but has not ratified, the 1981
Convention on Prohibitions or Restrictions on the Use of Certain
Conventional Weapons Which May Be Deemed To Be Excessively
Injurious or To Have Indiscriminate Effects. The Convention
prohibits the indiscriminate use of landmines.
'(5) When it signed the Convention, the United States stated:
'We believe that the Convention represents a positive step
forward in efforts to minimize injury or damage to the civilian
population in time of armed conflict. Our signature of the
Convention reflects the general willingness of the United States
to adopt practical and reasonable provisions concerning the
conduct of military operations, for the purpose of protecting
noncombatants.'.
'(6) The President should submit the Convention to the Senate
for its advice and consent to ratification, and the President
should actively negotiate under United Nations auspices or other
auspices an international agreement, or a modification of the
Convention, to prohibit the sale, transfer or export of
anti-personnel landmines. Such an agreement or modification
would be an appropriate response to the end of the Cold War and
the promotion of arms control agreements to reduce the
indiscriminate killing and maiming of civilians.
'(7) The United States should set an example for other
countries in such negotiations, by implementing a one-year
moratorium on the sale, transfer or export of anti-personnel
landmines.
'(b) Statement of Policy. - (1) It shall be the policy of the
United States to seek verifiable international agreements
prohibiting the sale, transfer, or export, and further limiting the
use, production, possession, and deployment of anti-personnel
landmines.
'(2) It is the sense of the Congress that the President should
actively seek to negotiate under United Nations auspices or other
auspices an international agreement, or a modification of the
Convention, to prohibit the sale, transfer, or export of
anti-personnel landmines.
'(c) Moratorium on Transfers of Anti-Personnel Landmines Abroad.
- For a period of one year beginning on the date of the enactment
of this Act (Oct. 23, 1992) -
'(1) no sale may be made or financed, no transfer may be made,
and no license for export may be issued, under the Arms Export
Control Act (22 U.S.C. 2751 et seq.), with respect to any
anti-personnel landmine; and
'(2) no assistance may be provided under the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.), with respect to the
provision of any anti-personnel landmine.
'(e)((d)) Definition. - For purposes of this section, the term
'anti-personnel landmine' means -
'(1) any munition placed under, on, or near the ground or other
surface area, or delivered by artillery, rocket, mortar, or
similar means or dropped from an aircraft and which is designed
to be detonated or exploded by the presence, proximity, or
contact of a person;
'(2) any device or material which is designed, constructed, or
adapted to kill or injure and which functions unexpectedly when a
person disturbs or approaches an apparently harmless object or
performs an apparently safe act;
'(3) any manually-emplaced munition or device designed to kill,
injure, or damage and which is actuated by remote control or
automatically after a lapse of time.'
ARMS TRANSFERS RESTRAINT POLICY FOR MIDDLE EAST AND PERSIAN GULF
REGION
Pub. L. 102-138, title IV, Oct. 28, 1991, 105 Stat. 718, provided
that:
'SEC. 401. FINDINGS.
'The Congress finds that -
'(1) nations in the Middle East and Persian Gulf region, which
accounted for over 40 percent of the international trade in
weapons and related equipment and services during the decade of
the 1980's, are the principal market for the worldwide arms
trade;
'(2) regional instability, large financial resources, and the
desire of arms-supplying governments to gain influence in the
Middle East and Persian Gulf region, contribute to a regional
arms race;
'(3) the continued proliferation of weapons and related
equipment and services contribute further to a regional arms race
in the Middle East and Persian Gulf region that is politically,
economically, and militarily destabilizing;
'(4) the continued proliferation of unconventional weapons,
including nuclear, biological, and chemical weapons, as well as
delivery systems associated with those weapons, poses an urgent
threat to security and stability in the Middle East and Persian
Gulf region;
'(5) the continued proliferation of ballistic missile
technologies and ballistic missile systems that are capable of
delivering conventional, nuclear, biological, or chemical
warheads undermines security and stability in the Middle East and
Persian Gulf region;
'(6) future security and stability in the Middle East and
Persian Gulf region would be enhanced by establishing a stable
military balance among regional powers by restraining and
reducing both conventional and unconventional weapons;
'(7) security, stability, peace, and prosperity in the Middle
East and Persian Gulf region are important to the welfare of the
international economy and to the national security interests of
the United States;
'(8) future security and stability in the Middle East and
Persian Gulf region would be enhanced through the development of
a multilateral arms transfer and control regime similar to those
of the Nuclear Suppliers' Group, the Missile Technology Control
Regime, and the Australia Chemical Weapons Suppliers Group;
'(9) such a regime should be developed, implemented, and agreed
to through multilateral negotiations, including under the
auspices of the 5 permanent members of the United Nations
Security Council;
'(10) confidence-building arms control measures such as the
establishment of a centralized arms trade registry at the United
Nations, greater multinational transparency on the transfer of
defense articles and services prior to agreement or transfer,
cooperative verification measures, advanced notification of
military exercises, information exchanges, on-site inspections,
and creation of a Middle East and Persian Gulf Conflict
Prevention Center, are important to implement an effective
multilateral arms transfer and control regime;
'(11) as an interim step, the United States should consider
introducing, during the ongoing negotiations on confidence
security-building measures at the Conference on Security and
Cooperation in Europe (CSCE), a proposal regarding the
international exchange of information, on an annual basis, on the
sale and transfer of major military equipment, particularly to
the Middle East and Persian Gulf region; and
'(12) such a regime should be applied to other regions with the
ultimate objective of achieving an effective global arms transfer
and control regime, implemented and enforced through the United
Nations Security Council, that -
'(A) includes a linkage of humanitarian and developmental
objectives with security objectives in Third World countries,
particularly the poorest of the poor countries; and
'(B) encourages countries selling military equipment and
services to consider the following factors before making
conventional arms sales: the security needs of the purchasing
countries, the level of defense expenditures by the purchasing
countries, and the level of indigenous production of the
purchasing countries.
'SEC. 402. MULTILATERAL ARMS TRANSFER AND CONTROL REGIME.
'(a) Implementation of the Regime. -
'(1) Continuing negotiations. - The President shall continue
negotiations among the 5 permanent members of the United Nations
Security Council and commit the United States to a multilateral
arms transfer and control regime for the Middle East and Persian
Gulf region.
'(2) Proposing a temporary moratorium during negotiations. - In
the context of these negotiations, the President should propose
to the 5 permanent members of the United Nations Security Council
a temporary moratorium on the sale and transfer of major military
equipment to nations in the Middle East and Persian Gulf region
until such time as the 5 permanent members agree to a
multilateral arms transfer and control regime.
'(b) Purpose of the Regime. - The purpose of the multilateral
arms transfer and control regime should be -
'(1) to slow and limit the proliferation of conventional
weapons in the Middle East and Persian Gulf region with the aim
of preventing destabilizing transfers by -
'(A) controlling the transfer of conventional major military
equipment;
'(B) achieving transparency among arms suppliers nations
through advanced notification of agreement to, or transfer of,
conventional major military equipment; and
'(C) developing and adopting common and comprehensive control
guidelines on the sale and transfer of conventional major
military equipment to the region;
'(2) to halt the proliferation of unconventional weapons,
including nuclear, biological, and chemical weapons, as well as
delivery systems associated with those weapons and the
technologies necessary to produce or assemble such weapons;
'(3) to limit and halt the proliferation of ballistic missile
technologies and ballistic missile systems that are capable of
delivering conventional, nuclear, biological, or chemical
warheads;
'(4) to maintain the military balance in the Middle East and
Persian Gulf region through reductions of conventional weapons
and the elimination of unconventional weapons; and
'(5) to promote regional arms control in the Middle East and
Persian Gulf region.
'(c) Achieving the Purposes of the Regime. -
'(1) Controlling proliferation of conventional weapons. - In
order to achieve the purposes described in subsection (b)(1), the
United States should pursue the development of a multilateral
arms transfer and control regime which includes -
'(A) greater information-sharing practices among supplier
nations regarding potential arms sales to all nations of the
Middle East and Persian Gulf region;
'(B) applying, for the control of conventional major military
equipment, procedures already developed by the International
Atomic Energy Agency, the Multilateral Coordinating Committee
on Export Controls (COCOM), and the Missile Technology Control
Regime (MTCR); and
'(C) other strict controls on the proliferation of
conventional major military equipment to the Middle East and
Persian Gulf region.
'(2) Halting proliferation of unconventional weapons. - In
order to achieve the purposes described in subsections (b)(2) and
(3), the United States should build on existing and future
agreements among supplier nations by pursuing the development of
a multilateral arms transfer and control regime which includes -
'(A) limitations and controls contained in the Enhanced
Proliferation Control Initiative;
'(B) limitations and conposes of
the multilateral arms transfer and control regime as described in
section 402(b);
'(4) describing any agreements establishing such a regime; and
'(5) identifying supplier nations that have refused to
participate in such a regime or that have engaged in conduct that
violates or undermines such a regime.
'(c) Annual Reports on Transfers and Regional Military Balance. -
Beginning July 15, 1992, and every 12 months thereafter, the
President shall submit to the relevant congressional committees a
report -
'(1) documenting all transfers of conventional and
unconventional arms by any nation to the Middle East and Persian
Gulf region over the previous calendar year, including sources,
types, and recipient nations of weapons;
'(2) analyzing the current military balance in the region,
including the effect on the balance of transfer documented under
paragraph (1);
'(3) describing the progress in implementing the purposes of
the multilateral arms transfer and control regime as described in
section 402(b); and
'(4) identifying supplier nations that have refused to
participate in such a regime or that have engaged in conduct that
violates or undermines such a regime.
'SEC. 405. RELEVANT CONGRESSIONAL COMMITTEES DEFINED.
'As used in this title, the term 'relevant congressional
committees' means the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.'
Memorandum of President of the United States, Dec. 27, 1991, 56
F.R. 1069, delegated to Secretary of State, in consultation with
heads of other executive agencies and departments, certification
and reporting obligations of the President under sections 403 and
404 of the Foreign Relations Authorization Act, Fiscal Years 1992
and 1993, Public Law 102-138, set out above.
CONTINUATION OF EXPORT CONTROL REGULATIONS
Section 3 of Ex. Ord. No. 12730, Sept. 30, 1990, 55 F.R. 40373,
set out as a note under section 1701 of Title 50, War and National
Defense, provided that: 'Provisions for administration of section
38(e) of the Arms Export Control Act (22 U.S.C. 2778(e)) may be
made and shall continue in full force and effect until amended or
revoked under the authority of section 203 of the Act (50 U.S.C.
1702). To the extent permitted by law, this order also shall
constitute authority for the issuance and continuation in full
force and effect of all rules and regulations by the President or
his delegate, and all orders, licenses, and other forms of
administrative action issued, taken, or continued in effect
pursuant thereto, relating to the administration of section 38(e).'
Section 3 of Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757,
set out as a note under section 1701 of Title 50, provided that:
'All rules, regulations, orders, licenses, and other forms of
administrative action issued, taken or continued in effect pursuant
to the authority of the IEEPA and Executive Order No. 12470
(formerly set out as a note under section 1701 of Title 50)
relating to the administration of Section 38(e) of the Arms Export
Control Act (22 U.S.C. 2778(e)) shall remain in full force and
effect until amended or revoked under proper authority.'
(Section 3 of Ex. Ord. No. 12470, Mar. 30, 1984, 49 F.R. 13099,
formerly set out as a note under section 1701 of Title 50, provided
that: 'Provisions for the administration of section 38(e) of the
Arms Export Control Act (22 U.S.C. 2778(e)) may be made and shall
continue in full force and effect until amended or revoked under
the authority of section 203 of the Act (50 U.S.C. 1702). To the
extent permitted by law, this Order also shall constitute authority
for the issuance and continuation in full force and effect of all
rules and regulations by the President or his delegate, and all
orders, licenses, and other forms of administrative action issued,
taken or continued in effect pursuant thereto, relating to the
administration of section 38(e).' The national emergency declared
by Ex. Ord. No. 12470, was continued in effect beyond Mar. 31,
1985, by Notice of the President, dated Mar. 28, 1985, set out as a
note under section 1701 of Title 50. Ex. Ord. No. 12470 was revoked
by Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757, set out as a
note under section 1701 of Title 50.)
Section 3 of Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563,
set out as a note under section 1701 of Title 50, provided that:
'All orders, licenses and other forms of administrative action
issued, taken or continued in effect pursuant to the authority of
the IEEPA and Executive Order No. 12444 (formerly set out as a note
under section 1701 of Title 50) relating to the administration of
section 38(e) of the Arms Export Control Act (22 U.S.C. 2778(e))
shall remain in full force and effect until amended or revoked
under proper authority.'
(Section 3 of Ex. Ord. No. 12444, Oct. 14, 1983, 48 F.R. 48215,
formerly set out as a note under section 1701 of Title 50, provided
that: 'Provisions for the administration of section 38(e) of the
Arms Export Control Act (22 U.S.C. 2778(e)) may be made and shall
continue in full force and effect until amended or revoked under
the authority of section 203 of the Act (50 U.S.C. 1702). To the
extent permitted by law, this Order also shall constitute authority
for the issuance and continuation in full force and effect of rules
and regulations by the President or his delegate, and all orders,
licenses, and other forms of administrative action issued, taken or
continued in effect pursuant thereto, relating to the
administration of section 38(e).' Ex. Ord. No. 12444 was revoked by
Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563, set out as a note
under section 1701 of Title 50, which further directed that
administrative actions taken under such provisions remain in full
force and effect until amended or revoked under proper authority.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2304, 2373, 2751, 2753,
2767, 2770, 2776, 2779, 2780, 2791, 2794, 2797a of this title;
title 10 section 2208; title 12 section 635; title 18 sections
1956, 2516; title 26 section 5847; title 50 section 415; title 50
App. sections 2410, 2410b, 2416.
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