§2751. Need for international defense cooperation and military export controls; Presidential waiver; report to Congress; arms sales policy
As declared by the Congress in the Arms Control and Disarmament Act [22 U.S.C. 2551 et seq.], an ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races.
The Congress recognizes, however, that the United States and other free and independent countries continue to have valid requirements for effective and mutually beneficial defense relationships in order to maintain and foster the environment of international peace and security essential to social, economic, and political progress. Because of the growing cost and complexity of defense equipment, it is increasingly difficult and uneconomic for any country, particularly a developing country, to fill all of its legitimate defense requirements from its own design and production base. The need for international defense cooperation among the United States and those friendly countries to which it is allied by mutual defense treaties is especially important, since the effectiveness of their armed forces to act in concert to deter or defeat aggression is directly related to the operational compatibility of their defense equipment.
Accordingly, it remains the policy of the United States to facilitate the common defense by entering into international arrangements with friendly countries which further the objective of applying agreed resources of each country to programs and projects of cooperative exchange of data, research, development, production, procurement, and logistics support to achieve specific national defense requirements and objectives of mutual concern. To this end, this chapter authorizes sales by the United States Government to friendly countries having sufficient wealth to maintain and equip their own military forces at adequate strength, or to assume progressively larger shares of the costs thereof, without undue burden to their economies, in accordance with the restraints and control measures specified herein and in furtherance of the security objectives of the United States and of the purposes and principles of the United Nations Charter.
It is the sense of the Congress that all such sales be approved only when they are consistent with the foreign policy interests of the United States, the purposes of the foreign assistance program of the United States as embodied in the Foreign Assistance Act of 1961, as amended [22 U.S.C. 2151 et seq.], the extent and character of the military requirement, and the economic and financial capability of the recipient country, with particular regard being given, where appropriate, to proper balance among such sales, grant military assistance, and economic assistance as well as to the impact of the sales on programs of social and economic development and on existing or incipient arms races.
It shall be the policy of the United States to exert leadership in the world community to bring about arrangements for reducing the international trade in implements of war and to lessen the danger of outbreak of regional conflict and the burdens of armaments. United States programs for or procedures governing the export, sale, and grant of defense articles and defense services to foreign countries and international organizations shall be administered in a manner which will carry out this policy.
It is the sense of the Congress that the President should seek to initiate multilateral discussions for the purpose of reaching agreements among the principal arms suppliers and arms purchasers and other countries with respect to the control of the international trade in armaments. It is further the sense of Congress that the President should work actively with all nations to check and control the international sale and distribution of conventional weapons of death and destruction and to encourage regional arms control arrangements. In furtherance of this policy, the President should undertake a concerted effort to convene an international conference of major arms-supplying and arms-purchasing nations which shall consider measures to limit conventional arms transfers in the interest of international peace and stability.
It is the sense of the Congress that the aggregate value of defense articles and defense services-
(1) which are sold under section 2761 or section 2762 of this title; or
(2) which are licensed or approved for export under section 2778 of this title to, for the use, or for benefit of the armed forces, police, intelligence, or other internal security forces of a foreign country or international organization under a commercial sales contract;
in any fiscal year should not exceed current levels.
It is the sense of the Congress that the President maintain adherence to a policy of restraint in conventional arms transfers and that, in implementing this policy worldwide, a balanced approach should be taken and full regard given to the security interests of the United States in all regions of the world and that particular attention should be paid to controlling the flow of conventional arms to the nations of the developing world. To this end, the President is encouraged to continue discussions with other arms suppliers in order to restrain the flow of conventional arms to less developed countries.
(
References in Text
The Arms Control and Disarmament Act, referred to in text, is
This chapter, referred to in text, was in the original "this Act", meaning
The Foreign Assistance Act of 1961, as amended, referred to in text, is
References to Foreign Military Sales Act Deemed Reference to Arms Export Control Act
Section 201(b) of
References to Present Instead of Past Provisions; Specific Application of Other Provisions to This Chapter
Section 45(c) of
Amendments
1981-
1978-
1976-
1973-
1971-
Effective Date
Section 41 of
Short Title of 1998 Amendment
Short Title of 1991 Amendment
Short Title
Eligibility of Panama Under Arms Export Control Act
Reports on Counterproliferation Activities and Programs
"(a)
"(b)
"(1) A complete list, by specific program element, of the existing, planned, or newly proposed capabilities and technologies reviewed by the Review Committee pursuant to subsection (c) of the Review Committee charter.
"(2) A complete description of the requirements and priorities established by the Review Committee.
"(3) A comprehensive discussion of the near-term, mid-term, and long-term programmatic options formulated by the Review Committee for meeting requirements prescribed by the Review Committee and for eliminating deficiencies identified by the Review Committee, including the annual funding requirements and completion dates established for each such option.
"(4) An explanation of the recommendations made pursuant to subsection (c) of the Review Committee charter, together with a full discussion of the actions taken to implement such recommendations or otherwise taken on the recommendations.
"(5) A discussion and assessment of the status of each Review Committee recommendation during the 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)
"(d)
"(e)
Arab League Boycott of Israel
"(a)
"(b)
"(1) 1-
"(A) such waiver is in the national interest of the United States, and such waiver will promote the objectives of this section to eliminate the Arab boycott; or
"(B) such waiver is in the national security interest of the United States.
"(2)
"(3)
"(c)
"(1) the term 'appropriate congressional committees' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs [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)
[Memorandum of President of the United States, Apr. 24, 1997, 62 F.R. 24797, delegated to Secretary of State functions of President under section 564 of
[Certifications and determinations relating to suspension of application by President under section 564 of
[Determination of President of the United States, No. 96–23, Apr. 30, 1996, 61 F.R. 26029.
[Determination of President of the United States, No. 95–20, May 1, 1995, 60 F.R. 22245.]
Counterproliferation Policy and Programs of United States
"SEC. 1603. STUDIES RELATING TO UNITED STATES COUNTERPROLIFERATION POLICY.
"(a)
"(b)
"(1) enhancing United States military capabilities to deter and respond to terrorism, theft, and proliferation involving weapons of mass destruction;
"(2) cooperating in international programs to enhance military capabilities to deter and respond to terrorism, theft, and proliferation involving weapons of mass destruction; and
"(3) otherwise contributing to Department of Defense capabilities to deter, identify, monitor, and respond to such terrorism, theft, and proliferation involving weapons of mass destruction.
"(c)
"(d)
"(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)
"(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)
"(1) To optimize funding for, and ensure the development and deployment of-
"(A) highly effective technologies and capabilities for the detection, monitoring, collection, processing, analysis, and dissemination of information in support of United States counterproliferation policy and efforts, including efforts to stem the proliferation of weapons of mass destruction and to negate paramilitary and terrorist threats involving weapons of mass destruction; and
"(B) disabling technologies in support of such policy.
"(2) To identify and eliminate undesirable redundancies or uncoordinated efforts in the development and deployment of such technologies and capabilities.
"(3) To establish priorities for programs and funding.
"(4) To encourage and facilitate interagency and interdepartmental funding of programs in order to ensure necessary levels of funding to develop, operate, and field highly-capable systems.
"(5) To ensure that Department of Energy programs are integrated with the operational needs of other departments and agencies of the Government.
"(6) To ensure that Department of Energy national security programs include technology demonstrations and prototype development of equipment.
"(c)
"(1) identify and review existing and proposed capabilities and technologies for support of United States nonproliferation policy and counterproliferation policy with regard to-
"(A) intelligence;
"(B) battlefield surveillance;
"(C) passive defenses;
"(D) active defenses; and
"(E) counterforce capabilities;
"(2) prescribe requirements and priorities for the development and deployment of highly effective capabilities and technologies;
"(3) identify deficiencies in existing capabilities and technologies;
"(4) formulate near-term, mid-term, and long-term programmatic options for meeting requirements established by the committee and eliminating deficiencies identified by the committee; and
"(5) assess each fiscal year the effectiveness of the committee actions during the preceding fiscal year, including, particularly, the status of recommendations made during such preceding fiscal year that were reflected in the budget submitted to Congress pursuant to section 1105(a) of title 31, United States Code, for the fiscal year following the fiscal year in which the assessment is made.
"(d)
"(e)
"(f)
"SEC. 1607. DEFINITIONS.
"For purposes of this subtitle [subtitle A, §§1601–1607, of title XVI of div. A of
"(1) The term 'appropriate congressional committees' means-
"(A) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
"(B) the Committee on Armed Services [now Committee on National Security], the Committee on Appropriations, the Committee on Foreign Affairs [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)."
[For abolition, transfer of functions, and treatment of references to United States Arms Control and Disarmament Agency, see section 6511 et seq. of this title.]
Restriction on Arms Sales to Saudi Arabia and Kuwait
"(a) No funds appropriated or otherwise made available by this or any other Act may be used in any fiscal year to conduct, support, or administer any sale of defense articles or defense services to Saudi Arabia or Kuwait until that country has paid in full, either in cash or in mutually agreed in-kind contributions, the following commitments made to the United States to support Operation Desert Shield/Desert Storm:
"(1) In the case of Saudi Arabia, $16,839,000,000.
"(2) In the case of Kuwait, $16,006,000,000.
"(b) For purposes of this section, the term 'any sale' means any sale with respect to which the President is required to submit a numbered certification to the Congress pursuant to the Arms Export Control Act [22 U.S.C. 2751 et seq.] on or after the effective date of this section.
"(c) This section shall take effect 120 days after the date of enactment of this joint resolution [Dec. 12, 1991].
"(d) Any military equipment of the United States, including battle tanks, armored combat vehicles, and artillery, included within the Conventional Forces in Europe Treaty definition of 'conventional armaments and equipment limited by the Treaty', which may be transferred to any other NATO country shall be subject to the notification procedures stated in section 523 of
Annual Report on Proliferation of Missiles and Essential Components of Nuclear, Biological, and Chemical Weapons
"(a)
"(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)
"(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)
"(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)
"(e)
"(f)
"(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)
[Ex. Ord. No. 12851, §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,
Conventional Arms Transfers
Termination of Nonrecurring Activities Under Foreign Assistance Act of 1961 and This Chapter and Removal From Law
Section 734(c) of
Report to Congress by President on Multilateral Discussions Concerning Arms Transfer Policy
Section 15(b) of
Report by President on Review of Arms Sales Controls on Non-Lethal Items
Section 25 of
Report by President on Impact of Foreign Arms Sales and Transfers to Foreign Governments on Defense Readiness and National Security of United States
Study by President of National Security and Military Implications of International Transfers of Technology; Scope of Study; Utilization of Executive Departments and Agencies
Statement of Policy Regarding United States Arms Sales to Israel
Review by President of Categories and Arms Sales Controls on Lethal and Non-Lethal Items
Study of United States Arms Sales Policies and Practices by President; Report to Congress
Section 202(b) of
Presidential Report Regarding Sales of Excess Defense Articles to Foreign Governments and International Organizations
Section 217 of
Study by Secretaries of State and Defense on Consequences of Enactment of Arms Export Control Provisions
Section 218 of
Total Number of Credits To Be Extended Between July 1, 1976, and September 30, 1976
Section 506(b) of
Additional Military and Civilian Personnel for Department of Defense
Sales to the Middle East; Requests for Additional Appropriations
Section 5 of
Review of Military Aid Programs and Efforts for Regulation of Conventional Arms Trade
Section 6 of
"(1) the President should immediately institute a thorough and comprehensive review of the military aid programs of the United States, particularly with respect to the military assistance and sales operations of the Department of Defense, and
"(2) the President should take such actions as may be appropriate-
"(A) to initiate multilateral discussions among the United States, the Union of Soviet Socialist Republics, Great Britain, France, West Germany, Italy and other countries on the control of the worldwide trade in armaments,
"(B) to commence a general debate in the United Nations with respect to the control of the conventional arms trade, and
"(C) to use the power and prestige of his office to signify the intention of the United States to work actively with all nations to check and control the international sales and distribution of conventional weapons of death and destruction."
Executive 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, §7, Dec. 14, 1990, 55 F.R. 52035; Ex. Ord. No. 13030, §2, Dec. 12, 1996, 61 F.R. 66187; Ex. Ord. No. 13091, §1, June 29, 1998, 63 F.R. 36153, 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:
(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 (
(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. Those under Section 36(e) of the Act, as added by
(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. 2785], as added by
(o) Those under Section 40A of the Act [22 U.S.C. 2781], as added by the Antiterrorism and Effective Death Penalty Act of 1996 (
(p) 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)].
(q) Those under Sections 52(b) and 53 of the Act [22 U.S.C. 2795a(b), former 2795b] to the Secretary of Defense.
(r) Those under Sections 61 and 62(a) of the Act [22 U.S.C. 2796, 2796a(a)] to the Secretary of Defense.
(s) 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.
(t) Those under Section 588(b) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (
(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.
[For abolition, transfer of functions, and treatment of references to United States Arms Control and Disarmament Agency, see section 6511 et seq. of this title.]
[For abolition of United States International Development Cooperation Agency (other than Agency for International Development and Overseas Private Investment Corporation), transfer of functions, and treatment of references thereto, see sections 6561, 6562, and 6571 of this title.]