by this Act or the Arms Export Control Act may be used for the purpose of providing economic assistance (including assistance under chapter 4 of part II), providing military assistance or grant military education and training, providing assistance under chapter 6 of part II, or extending military credits or making guarantees, to any country which (A) 939 on or after the date of enactment of the International Security Assistance Act of 1977 delivers nuclear reprocessing equipment, materials, or technology to any other country or receives such equipment, materials, or technology from any other country (except for the transfer of reprocessing technology associated with the investigation, under international evaluation programs in which the United States participates, or technologies which are alternatives to pure plutonium reprocessing), or (B) 939 is a non-nuclear-weapon state which, on or after the date of enactment of the International Security and Development Cooperation Act of 1985, exports illegally (or attempts to export illegally) from the United States any material, equipment, or technology which would contribute significantly to the ability of such country to manufacture a nuclear explosive device, if the President determines that the material, equipment, or technology was to be used by such country in the manufacture of a nuclear explosive device. For purposes of clause (B), an export (or attempted export) by a person who is an agent of, or is otherwise acting on behalf of or in the interests of, a country shall be considered to be an export (or attempted export) by that country. (2) Notwithstanding paragraph (1) of this subsection, the President may furnish assistance which would otherwise be prohibited under that paragraph if he determines and certifies in writing to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate that the termination of such assistance would be seriously prejudicial to the achievement of United States nonproliferation objectives or otherwise jeopardize the common defense and security. The President shall transmit with such certification a statement setting forth the specific reasons therefor. 936 (3)(A) A certification under paragraph (2) of this subsection shall take effect on the date on which the certification is received by the Congress. However, if, within 30 calendar days after receiving this certification, the Congress adopts a concurrent resolution stating in substance that the Congress disapproves the furnishing of assistance pursuant to the certification, then upon the adoption of that resolution the certification shall cease to be effective and all deliveries of assistance furnished under the authority of that certification shall be suspended immediately. (B) Any concurrent resolution under this paragraph shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. (C) For the purpose of expediting the consideration and adoption of concurrent resolutions under this paragraph, a motion to pro 939 Subpar. (B) and the designation for subpar. (A) were added by sec. 1204(a) (1), (2), and (3) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. ceed to the consideration of any such resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. (b)(1) Except as provided in paragraphs (2) and (3) of this subsection, no funds authorized to be appropriated by this Act or the Arms Export Control Act may be used for the purpose of providing economic assistance (including assistance under chapter 4 of part II), providing military assistance or grant military education and training, providing assistance under chapter 6 of part II, or extending military credits or making guarantees, to any country which on or after the date of enactment of the International Security Assistance Act of 1977 (A) transfers a nuclear explosive device to a non-nuclearweapon state, or (B) is a non-nuclear-weapon state and either (i) receives a nuclear explosive device, or (ii) detonates a nuclear explosive device. (2)(A) Notwithstanding paragraph (1) of this subsection, the President may, for a period of not more than 30 days of continuous session, furnish assistance which would otherwise be prohibited under paragraph (1) of this subsection if, before furnishing such assistance, the President transmits to the Speaker of the House of Representatives, and to the Chairman of the Committee on Foreign Relations of the Senate, a certification that he has determined that an immediate termination of assistance to that country would be detrimental to the national security of the United States. Not more than one such certification may be transmitted for a country with respect to the same detonation, transfer, or receipt of a nuclear explosive device. (B) If the President transmits a certification to the Congress under subparagraph (A), a joint resolution which would permit the President to exercise the waiver authority of paragraph (3) of this subsection shall, if introduced in either House within 30 days of continuous session after the Congress receives this certification, be considered in the Senate and House of Representatives in accordance with subparagraphs (C) and (D) of this paragraph. (C) Any joint resolution under this paragraph shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. (D) For the purpose of expediting the consideration and adoption of joint resolution under this paragraph, a motion to proceed to the consideration of such a joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. a (E) For purposes of this paragraph, the term "joint resolution" means a joint resolution the matter after the resolving clause of which is as follows: "That the Congress having received on certification by the President under section 670(b)(2) of the Foreign Assistance Act of 1961 with respect to the Congress hereby authorizes the President to exercise the waiver authority contained in section 670(b)(3) of that Act.", with the date of receipt of the certification inserted in the first blank and the name of the country inserted in the second blank. (3) Notwithstanding paragraph (1) of this subsection, if the Congress enacts a joint resolution under paragraph (2) of this subsection, the President may furnish assistance which would otherwise be prohibited under paragraph (1) if he determines and certifies in writing to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate that the termination of such assistance would be seriously prejudicial to the achievement of United States nonproliferation objectives or otherwise jeopardize the common defense and security. The President shall transmit with such certification a statement setting forth the specific reasons therefor. (4) For purposes of this subsection, continuity of session is broken only by an adjournment of Congress sine die and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of any period of time in which Congress is in continuous session. (c) As used in this section, the term "non-nuclear-weapon state" means any country which is not a nuclear-weapon state, as defined in article IX(3) of the Treaty on the Non-Proliferation of Nuclear Weapons. Sec. 671.940 Notification of Program Changes.-*** [Redesignated-1978] 940 Sec. 671, as added by Public Law 95-88 (91 Stat. 543), was redesignated as sec. 634A of this Act by sec. 502(b) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 959). 941 Part IV, which related to amendments to other laws, was repealed by sec. 401 of the FA Act of 1962 and provided that the "repeal shall not be deemed to affect amendments contained in such part". 942 Part V, which related to Indochina Postwar Reconstruction, was repealed by sec. 413 of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 761). For complete text of regulations governing determinations, authorizations, etc., and remaining funds under part V, see page 512. 943 Part VI, which related to assistance to the Middle East and had been added by the FA Act of 1974, was repealed by sec. 12(bx4) of the International Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 737). b. The Arms Export Control Act CONTENTS Page Chapter 1-Foreign and National Security Policy Objectives and Restraints.... 276 276 Section 2-Coordination With Foreign Policy 278 Section 3-Eligibility 279 Section 4-Purposes for Which Military Sales by the United States Are 284 Section 5-Prohibition Against Discrimination.. 285 Section 6-Foreign Intimidation and Harassment of Individuals in the Section 25-Annual Estimate and Justification for Sales Program 298 Section 26-Security Assistance Surveys.... 300 Section 27-Authority of President to Enter into Cooperative Projects with Friendly Foreign Countries..... 301 Section 28-Reports on Price and Availability Estimates. 304 Chapter 2A-Foreign Military Construction Sales...... 305 Section 29-Foreign Military Construction Sales 305 Chapter 2B-Sales to United States Companies for Incorporation Into End 305 Section 30-General Authority. 305 Chapter 2C-Exchange of Training and Related Support 306 Section 30A-Exchange of Training and Related Support.. 306 Chapter 3-Military Export Controls... 307 Section 31-Authorization and Aggregate Ceiling on Foreign Military 307 Section 32-Prohibition Against Certain Military Export Financing by 308 Section 33-Restraint in Arms Sales to Sub-Saharan Africa 308 Section 34-Foreign Military Sales Credit Standards...... 309 Section 35-Foreign Military Sales to Less Developed Countries.... 309 Section 36-Reports on Commercial and Governmental Military Exports; 309 Section 37-Fiscal Provisions Relating to Foreign Military Sales Credits... 318 319 325 Section 40-Transactions With Countries Supporting Acts of International Terrorism.... 326 Chapter 4-General, Administrative, and Miscellaneous Provisions.. Section 52-Use and Transfer of Items Procured by the Fund. 339 339 Chapter 6-Leases of Defense Articles and Loan Authority for Cooperative 340 Section 61-Leasing Authority. 340 Section 62-Reports to the Congress 341 Section 63-Legislative Review..... 341 Section 64-Application of Other Provisions of Law.. 342 Section 65-Loan of Materials, Supplies, and Equipment for Research and Development Purposes.. 342 Chapter 7-Control of Missiles and Missile Equipment Technology 343 Section 71-Licensing.. 343 Section 72-Denial of the Transfer of Missile Equipment or Technology by United States Persons.... 343 Section 73-Transfers of Missile Equipment or Technology by Foreign 344 Chapter 9-Transfer of Certain CFE Treaty-Limited Equipment to NATO 351 |