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Title 22 — Foreign Relations and Intercourse

Chapter 39 — Arms Export Control

§ 2752. Coordination with foreign policy

Statutory text

(a)

Noninfringement of powers or functions of Secretary of State

Nothing contained in this chapter shall be construed to infringe upon the powers or functions of the Secretary of State.

(b)

Responsibility for supervision and direction of sales, leases, financing, cooperative projects, and exports

Under the direction of the President, the Secretary of State (taking into account other United States activities abroad, such as military assistance, economic assistance, and the food for peace program) shall be responsible for the continuous supervision and general direction of sales, leases, financing, cooperative projects, and exports under this chapter, including, but not limited to, determining—

(1)

whether there will be a sale to or financing for a country and the amount thereof;

(2)

whether there will be a lease to a country;

(3)

whether there will be a cooperative project and the scope thereof; and

(4)

whether there will be delivery or other performance under such sale, lease, cooperative project, or export,

to the end that sales, financing, leases, cooperative projects, and exports will be integrated with other United States activities and to the end that the foreign policy of the United States would be best served thereby.

(c)

Coordination among representatives of United States

The President shall prescribe appropriate procedures to assure coordination among representatives of the United States Government in each country, under the leadership of the Chief of the United States Diplomatic Mission. The Chief of the diplomatic mission shall make sure that recommendations of such representatives pertaining to sales are coordinated with political and economic considerations, and his comments shall accompany such recommendations if he so desires.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. The Foreign Military Sales Act

    Pub. L. 90–629 · 82 Stat. 1320

    Enacted · 22 U.S.C. § 2752

    Pub. L. 90–629, ch. 1, § 2, Oct. 22, 1968, 82 Stat. 1322

    Source evidence

    Code source credit
    Pub. L. 90–629, ch. 1, § 2, Oct. 22, 1968, 82 Stat. 1322

  2. International Security Assistance and Arms Export Control Act of 1976

    Pub. L. 94–329 title II § 212(a)(2) · 90 Stat. 729

    Inserted · 22 U.S.C. § 2752(b)

    Pub. L. 94–329 inserted “and exports” after “sales” wherever appearing and “and whether there shall be delivery or other performance under such sale or export,” after “thereof,”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 94–329 inserted “and exports” after “sales” wherever appearing and “and whether there shall be delivery or other performance under such sale or export,” after “thereof,”.

    Enacted provision · exact public law section
    (2) Section 2(b) of the Foreign Military Sales Act is amended— 22 USC 2752. (A) by inserting “and exports” immediately after “sales” both times it appears; and (B) by inserting “and whether there shall be delivery or other performance under such sale or export,” immediately after “thereof,”.

  3. Pub. L. 97–113 title I § 109(b)(1) · 95 Stat. 1519

    1. Substituted · 22 U.S.C. § 2752(b)

      Pub. L. 97–113 substituted “sales, leases,” for “sales”

    2. Substituted · 22 U.S.C. § 2752(b)

      Pub. L. 97–113 substituted “such sale, lease,” for “such sale”

    3. Inserted · 22 U.S.C. § 2752(b)

      Pub. L. 97–113 inserted “whether there shall be a lease to a country,” after “whether there shall be a sale to a country and the amount thereof,”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–113 substituted “sales, leases,” for “sales” in two places and “such sale, lease,” for “such sale” and inserted “whether there shall be a lease to a country,” after “whether there shall be a sale to a country and the amount thereof,”.

    Enacted provision · exact public law section
    (1) in section 2(b)— (A) by inserting “, leases,” immediately after “sales” both places it appears, (B) by inserting “whether there shall be a lease to a country,” immediately after “thereof,”, and (C) by inserting “, lease,” immediately after “sale” the second place it appears;

  4. International Security and Development Cooperation Act of 1985

    Pub. L. 99–83 title I § 115(b)(1) · 99 Stat. 190

    1. Amended · 22 U.S.C. § 2752(b)

      Pub. L. 99–83 amended subsec. (b) generally

    2. Substituted · 22 U.S.C. § 2752(b)

      Pub. L. 99–83 substituting reference to the food for peace program for reference to food for freedom

    3. Added · 22 U.S.C. § 2752(b)

      Pub. L. 99–83 adding financing and cooperative projects under this chapter to the list of responsibilities of the Secretary of State

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–83 amended subsec. (b) generally, substituting reference to the food for peace program for reference to food for freedom and adding financing and cooperative projects under this chapter to the list of responsibilities of the Secretary of State.

    Enacted provision · exact public law section
    (1) Section 2(b) of such Act is 22 USC 2752. amended to read as follows: “(b) Under the direction of the President, the Secretary of State (taking into account other United States activities abroad, such as military assistance, economic assistance, and the food for peace program) shall be responsible for the continuous supervision and general direction of sales, leases, financing, cooperative projects, and exports under this Act, including, but not limited to, determining— “(1) whether there will be a sale to or financing for a country and the amount thereof; “(2) whether there will be a lease to a country; “(3) whether there will be a cooperative project and the scope thereof; and “(4) whether there will be delivery or other performance under such sale, lease, cooperative project, or export, to the end that sales, financing, leases, cooperative projects, and exports will be integrated with other United States activities and to the end that the foreign policy of the United States would be best served thereby.”.

    Effective date note
    Amendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.

  5. Department of Defense Authorization Act, 1986

    Pub. L. 99–145 § 1102(a)(2) · 99 Stat. 583

    Repealed · 22 U.S.C. § 2752(b)

    Pub. L. 99–145, § 1102(a)(2), which enacted amendments similar to those provided in Pub. L. 99–83, was repealed. See 1986 Amendment note above and Repeals; Effective Date note below

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–145, § 1102(a)(2), which enacted amendments similar to those provided in Pub. L. 99–83, was repealed. See 1986 Amendment note above and Repeals; Effective Date note below.

    Enacted provision · exact public law section
    (2) Section 2(b) of such Act (22 U.S.C. 2752(b)) is amended to read as follows: “(b) Under the direction of the President, the Secretary of State (taking into account other United States activities abroad, such as military assistance, economic assistance, and food for peace program) shall be responsible for the continuous supervision and general direction of sales, leases, financing, cooperative projects, and exports under this Act, including, but not limited to, determining— “(1) whether there will be a sale to or financing for a country and the amount thereof; “(2) whether there will be a lease to a country; “(3) whether there will be a cooperative project and the scope thereof; and “(4) whether there will be delivery or other performance under such sale, lease, cooperative project, or export, to the end that sales, financing, leases, cooperative projects, and exports will be integrated with other United States activities and to the end that the foreign policy of the United States would be best served thereby.”.

  6. Department of Defense Authorization Act, 1987

    Pub. L. 99–661 div. A title XIII § 1342(e) · 100 Stat. 3816

    Repealed · 22 U.S.C. § 2752(b)

    Pub. L. 99–661 repealed section 1102(a)(2) of Pub. L. 99–145 and the amendments made by that section, and provided that this section shall apply as if that section had never been enacted. See 1985 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–661 repealed section 1102(a)(2) of Pub. L. 99–145 and the amendments made by that section, and provided that this section shall apply as if that section had never been enacted. See 1985 Amendment note below.

    Enacted provision · exact public law section
    (e) Repeal of Duplicative Amendments.— Subsection (a) of section 22 USC 2752, 2752 note, 2753, 2767, 2791. 1102 of the Department of Defense Authorization Act, 1986 (99 Stat. 708), and the amendments made by that subsection are repealed, and the Arms Export Control Act shall apply as if that 22 USC 2751 note. subsection had not been enacted.

9 of 10 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 90–629, , 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.

Amendments1976–1986 · 4 rounds

1986

Subsec. (b). Pub. L. 99–661 repealed section 1102(a)(2) of Pub. L. 99–145 and the amendments made by that section, and provided that this section shall apply as if that section had never been enacted. See 1985 Amendment note below.

1985

Subsec. (b). Pub. L. 99–83 amended subsec. (b) generally, substituting reference to the food for peace program for reference to food for freedom and adding financing and cooperative projects under this chapter to the list of responsibilities of the Secretary of State.

Pub. L. 99–145, § 1102(a)(2), which enacted amendments similar to those provided in Pub. L. 99–83, was repealed. See 1986 Amendment note above and Repeals; Effective Date note below.

1981

Subsec. (b). Pub. L. 97–113 substituted “sales, leases,” for “sales” in two places and “such sale, lease,” for “such sale” and inserted “whether there shall be a lease to a country,” after “whether there shall be a sale to a country and the amount thereof,”.

1976

Subsec. (b). Pub. L. 94–329 inserted “and exports” after “sales” wherever appearing and “and whether there shall be delivery or other performance under such sale or export,” after “thereof,”.

Statutory Notes and Related Subsidiaries

Effective Date of 1985 Amendment

Amendment by Pub. L. 99–83 effective , see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.

Effective Date

Section effective , see section 41 of Pub. L. 90–629, set out as a note under section 2751 of this title.

Repeals

Pub. L. 99–145, title XI, § 1102(a)(5), , 99 Stat. 710, which provided for the repeal of the amendments made by § 1102(a) of Pub. L. 99–145, effective as of the effective date of similar amendments by Pub. L. 99–83, was repealed by Pub. L. 99–661, div. A, title XIII, § 1342(e), , 100 Stat. 3991.

Credits

1968–1986 · 6 acts
  1. 1968Pub. L. 90–629, ch. 1, § 2, , 82 Stat. 1322
  2. 1976Pub. L. 94–329, title II, § 212(a)(2), , 90 Stat. 745
  3. 1981Pub. L. 97–113, title I, § 109(b)(1), , 95 Stat. 1526
  4. 1985Pub. L. 99–83, title I, § 115(b)(1), , 99 Stat. 201
  5. 1985Pub. L. 99–145, title XI, § 1102(a)(2), (5), , 99 Stat. 710
  6. 1986Pub. L. 99–661, div. A, title XIII, § 1342(e), , 100 Stat. 3991.
Show as published

(Pub. L. 90–629, ch. 1, § 2, , 82 Stat. 1322; Pub. L. 94–329, title II, § 212(a)(2), , 90 Stat. 745; Pub. L. 97–113, title I, § 109(b)(1), , 95 Stat. 1526; Pub. L. 99–83, title I, § 115(b)(1), , 99 Stat. 201; Pub. L. 99–145, title XI, § 1102(a)(2), (5), , 99 Stat. 710; Pub. L. 99–661, div. A, title XIII, § 1342(e), , 100 Stat. 3991.)

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