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119th Congress

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119th Congress

Title 22 — Foreign Relations and Intercourse

Chapter 39 — Arms Export Control

§ 2765. Annual estimate and justification for sales program

Statutory text

(a)

Report to Congress; contents

Except as provided in subsection (d) 1 of this section, no later than February 1 of each year, the President shall transmit to the appropriate congressional committees, as a part of the annual presentation materials for security assistance programs proposed for the next fiscal year, a report which sets forth—

(1)

an arms sales proposal covering all sales and licensed commercial exports under this chapter, as well as exports pursuant to a treaty referred to in section 2778(j)(1)(C)(i) of this title, of major weapons or weapons-related defense equipment for $7,000,000 or more, or of any other weapons or weapons-related defense equipment for $25,000,000 or more, which are considered eligible for approval during the current calendar year, together with an indication of which sales and licensed commercial exports are deemed most likely actually to result in the issuance of a letter of offer or of an export license during such year;

(2)

an estimate of the total amount of sales and licensed commercial exports, as well as exports pursuant to a treaty referred to in section 2778(j)(1)(C)(i) of this title, expected to be made to each foreign nation from the United States;

(3)

the United States national security considerations involved in expected sales or licensed commercial exports to each country, an analysis of the relationship between anticipated sales to each country and arms control efforts concerning such country and an analysis of the impact of such anticipated sales on the stability of the region that includes such country;

(4)

an estimate with regard to the international volume of arms traffic to and from nations purchasing arms as set forth in paragraphs (1) and (2) of this subsection, together with best estimates of the sale and delivery of weapons and weapons-related defense equipment by all major arms suppliers to all major recipient countries during the preceding fiscal year;

(5)
(A)

an estimate of the aggregate dollar value and quantity of defense articles and defense services, military education and training, grant military assistance, and credits and guarantees, to be furnished by the United States to each foreign country and international organization in the next fiscal year; and

(B)

for each country that is proposed to be furnished credits or guaranties under this chapter in the next fiscal year and that has been approved for cash flow financing (as defined in subsection (d) 1 of this section) in excess of $100,000,000 as of October 1 of the current fiscal year—

(i)

the amount of such approved cash flow financing,

(ii)

a description of administrative ceilings and controls applied, and

(iii)

a description of the financial resources otherwise available to such country to pay such approved cash flow financing;

(6)

an analysis and description of the services performed during the preceding fiscal year by officers and employees of the United States Government carrying out functions on a full-time basis under this chapter for which reimbursement is provided under section 2792(b) of this title or section 2761(a) of this title, including the number of personnel involved in performing such services;

(7)

the total amount of funds in the reserve under section 2764(c) of this title at the end of the fiscal year immediately preceding the fiscal year in which a report under this section is made, together with an assessment of the adequacy of such total amount of funds as a reserve for the payment of claims under guarantees issued pursuant to section 2764 of this title in view of the current debt servicing capacity of borrowing countries, as reported to the Congress pursuant to section 634(a)(5) of the Foreign Assistance Act of 1961 [22 U.S.C. 2394(a)(5)];

(8)

a list of all countries with respect to which findings made by the President pursuant to section 2753(a)(1) of this title are in effect on the date of such transmission;

(9)

the progress made under the program of the Republic of Korea to modernize its armed forces, the role of the United States in mutual security efforts in the Republic of Korea and the military balance between the People’s Republic of Korea and the Republic of Korea;

(10)

the amount and nature of Soviet military assistance to the armed forces of Cuba during the preceding fiscal year and the military capabilities of those armed forces;

(11)

the status of each loan and each contract of guaranty or insurance theretofore made under the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], predecessor Acts, or any Act authorizing international security assistance, with respect to which there remains outstanding any unpaid obligation or potential liability; the status of each extension of credit for the procurement of defense articles or defense services, and of each contract of guaranty in connection with any such procurement, theretofore made under this chapter with respect to which there remains outstanding any unpaid obligation or potential liability;

(12)
(A)

a detailed accounting of all articles, services, credits, guarantees, or any other form of assistance furnished by the United States to each country and international organization, including payments to the United Nations, during the preceding fiscal year for the detection and clearance of landmines, including activities relating to the furnishing of education, training, and technical assistance for the detection and clearance of landmines; and

(B)

for each provision of law making funds available or authorizing appropriations for demining activities described in subparagraph (A), an analysis and description of the objectives and activities undertaken during the preceding fiscal year, including the number of personnel involved in performing such activities;

(13)

a list of weapons systems that are significant military equipment (as defined in section 2794(9) of this title), and numbers thereof, that are believed likely to become available for transfer as excess defense articles during the next 12 months; and

(14)

such other information as the President may deem necessary.

(b)

Congressional request for additional information

Not later than thirty days following the receipt of a request made by any of the congressional committees described in subsection (e) for additional information with respect to any information submitted pursuant to subsection (a), the President shall submit such information to such committee.

(c)

Submission of information in unclassified form or classified addendum with unclassified summary

The President shall make every effort to submit all of the information required by subsection (a) or (b) wholly in unclassified form. Whenever the President submits any such information in classified form, he shall submit such classified information in an addendum and shall also submit simultaneously a detailed summary, in unclassified form, of such classified information.

(d)

 2 “Cash flow financing” defined

For the purposes of subsection (a)(5)(B) of this section, the term “cash flow financing” means the dollar amount of the difference between the total estimated price of a Letter of Offer and Acceptance or other purchase agreement that has been approved for financing under this chapter or under section 503(a)(3) of the Foreign Assistance Act of 1961 [22 U.S.C. 2311(a)(3)] and the amount of the financing that has been approved therefor; 3

(d)

 2 Transmission of information to Congress

The information required by subsection (a)(4) of this section shall be transmitted to the Congress no later than April 1 of each year.

(e)

“Appropriate congressional committees” defined

As used in this section, the term “appropriate congressional committees” means the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.

Footnotes

  1. 1 See References in Text note below.
  2. 2 So in original. Two subsecs. (d) have been enacted.
  3. 3 So in original. The semicolon probably should be a period.

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. § 2765

    Pub. L. 90–629, ch. 2, § 25, as added Pub. L. 94–329, title II, § 209(a), June 30, 1976, 90 Stat. 739

    Source evidence

    Code source credit
    Pub. L. 90–629, ch. 2, § 25, as added Pub. L. 94–329, title II, § 209(a), June 30, 1976, 90 Stat. 739

  2. Pub. L. 95–384 § 18(b) · 92 Stat. 730

    Substituted · 22 U.S.C. § 2765(c)

    Pub. L. 95–384, § 18(b), substituted “subsection (a) or (b)” for “this section”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 95–384, § 18(b), substituted “subsection (a) or (b)” for “this section”.

    Enacted provision · exact public law section
    (b) Subsection (c) of such section is amended by striking out “this section” and inserting in lieu thereof “subsection (a) or (b)”.

  3. Pub. L. 95–384 § 18(a) · 92 Stat. 730

    Added · 22 U.S.C. § 2765(d)

    Pub. L. 95–384, § 18(a), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 95–384, § 18(a), added subsec. (d).

    Enacted provision · exact public law section
    (a) Section 22 USC 2765. 25 of the Arms Export Control Act is amended by adding at the end thereof the following new subsection: “(d) On Report to congressional committees. or before November 15 of each year, the President shall transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate the Arms Sales Proposal covering all sales under this Act (other than sales to members of the North Atlantic Treaty Organization, Japan, Australia, and New Zealand) of major defense equipment for $7,000,000 or more, or of any other defense articles or defense services for $25,000,000 or more, which are considered eligible for approval during the fiscal year beginning on October 1 of such year.”.

  4. Pub. L. 96–92 § 13(1) · 93 Stat. 701

    1. Amended · 22 U.S.C. § 2765(d)

      Pub. L. 96–92, § 13(1)–(4), designated existing provision as par. (1)

    2. Substituted · 22 U.S.C. § 2765(d)

      Pub. L. 96–92, § 13(1)–(4), substituted “major weapons or weapons-related defense equipment” for “major defense equipment” required identification of sales likely to result in issuance of a letter of offer in the furnished reports

    3. Substituted · 22 U.S.C. § 2765(d)

      Pub. L. 96–92, § 13(1)–(4), substituted “weapons or weapons-related defense equipment” for “defense articles or defense services” required identification of sales likely to result in issuance of a letter of offer in the furnished reports

    4. Added · 22 U.S.C. § 2765(d)

      Pub. L. 96–92, § 13(1)–(4), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 96–92, § 13(1)–(4), designated existing provision as par. (1), substituted “major weapons or weapons-related defense equipment” for “major defense equipment” and “weapons or weapons-related defense equipment” for “defense articles or defense services”, required identification of sales likely to result in issuance of a letter of offer in the furnished reports, and added par. (2).

    Enacted provision · exact public law section
    (1) by inserting “weapons or weapons-related” immediately after “major”;

  5. Pub. L. 96–92 § 14 · 93 Stat. 701

    Added · 22 U.S.C. § 2765(e)

    Pub. L. 96–92, § 14, added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 96–92, § 14, added subsec. (e).

    Enacted provision · exact public law section
    Sec. 14. multilateral arms sales information Section 25 of the Arms Export Control Act is amended by adding at the end thereof the following new subsection; “(e) The President shall transmit to the Congress, at the time of the transmittal of each Arms Sales Proposal required by subsection (d)(1), a classified report detailing the executive branch’s best estimates with regard to the international volume of arms traffic. The report shall include estimates on an annual basis of the sale and delivery of weapons and weapons-related defense equipment by all major arms suppliers to all major recipient countries during the preceding three years.”.

  6. International Security and Development Cooperation Act of 1980

    Pub. L. 96–533 § 104(c) · 94 Stat. 3131

    1. Added · 22 U.S.C. § 2765(a)(3)(5)

      Pub. L. 96–533, § 104(c), added par. (3)

    2. Redesignated · 22 U.S.C. § 2765(a)(3)(5)

      Pub. L. 96–533, § 104(c), redesignated former pars. (3) and (4) as (4) and (5), respectively

    Source evidence

    Code amendment note
    Subsec. (a)(3) to (5). Pub. L. 96–533, § 104(c), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.

    Enacted provision · exact public law section
    (c) Section 25(a) of such Act is amended— 22 USC 2765. (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5); and (2) by inserting after paragraph (2) the following: “(3) the total amount of funds in the reserve under section 24(c) Ante, p. 3132. at the end of the fiscal year immediately preceding the fiscal year in which a report under this section is made, together with an assessment of the adequacy of such total amount of funds as a reserve for the payment of claims under guaranties issued pursuant to section 24 in view of the current debt servicing capacity of borrowing countries, as reported to the Congress pursuant to section 634(a)(5) of the Foreign Assistance Act of 1961;”. 22 USC 2394. 22 USC 2771.

  7. International Security and Development Cooperation Act of 1980

    Pub. L. 96–533 § 107(d) · 94 Stat. 3131

    Substituted · 22 U.S.C. § 2765(d)(1)

    Pub. L. 96–533, § 107(d), included coverage of licensed commercial exports and substituted “letter of offer or of an export license” for “letter of offer”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 96–533, § 107(d), included coverage of licensed commercial exports and substituted “letter of offer or of an export license” for “letter of offer”.

    Enacted provision · exact public law section
    (d) Section 25(d)(1) of such Act is amended— 22 USC 2765. (1) in the first sentence by inserting “and licensed commercial exports” immediately after “sales” both places it appears; and (2) in the second sentence— (A) by inserting “and licensed commercial exports” immediately after “Sales”, and (B) by inserting “or of an export license” immediately after “letter of offer”.

  8. Pub. L. 97–113 title VII § 732 · 95 Stat. 1519

    Substituted · 22 U.S.C. § 2765(a)

    Pub. L. 97–113, in provision preceding par. (1), required transmission of the report no later than Feb. 1 of each year and substituted provision for annual presentation materials for programs proposed for next fiscal year for provision for presentation materials for programs proposed for each fiscal year

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–113, in provision preceding par. (1), required transmission of the report no later than Feb. 1 of each year and substituted provision for annual presentation materials for programs proposed for next fiscal year for provision for presentation materials for programs proposed for each fiscal year.

    Enacted provision · exact public law section
    Sec. 732. consolidated reports: arms export control act Section 25 of the Arms Export Control Act is amended to 22 USC 2765. read as follows: “Sec. 25. Annual Estimate and Justification for Sales Program.— (a) No later than February 1 of each year, the President shall transmit to the Congress, as a part of the annual presentation materials for security assistance programs proposed for the next fiscal year, a report which sets forth— “(1) an arms sales proposal covering all sales and licensed commercial exports under this Act of major weapons or weapons-related defense equipment for $7,000,000 or more, or of any other weapons or weapons-related defense equipment for $25,000,000 or more, which are considered eligible for approval during the current calendar year, together with an indication of which sales and licensed commercial exports are deemed most likely actually to result in the issuance of a letter of offer or of an export license during such year; “(2) an estimate of the total amount of sales and licensed commercial exports expected to be made to each foreign nation from the United States; “(3) the United States national security considerations involved in expected sales or licensed commercial exports to each country, an analysis of the relationship between anticipated sales to each country and arms control efforts concerning such country and an analysis of the impact of such anticipated sales on the stability of the region that includes such country; “(4) an estimate with regard to the international volume of arms traffic to and from nations purchasing arms as set forth in paragraphs (1) and (2) of this subsection, together with best estimates of the sale and delivery of weapons and weapons-related defense equipment by all major arms suppliers to all major recipient countries during the preceding fiscal year; “(5) an estimate of the aggregate dollar value and quantity of defense articles and defense services, military education and training, grant military assistance, and credits and guarantees, to be furnished by the United States to each foreign country and international organization in the next fiscal year; “(6) an analysis and description of the services performed during the preceding fiscal year by officers and employees of the United States Government carrying out functions on a full-time basis under this Act for which reimbursement is provided under 22 USC 2792, 2761. section 43(b) or section 21(a) of this Act, including the number of personnel involved in performing such services; “(7) the total amount of funds in the reserve under section 24(c) at the end of the fiscal year immediately preceding the fiscal year in which a report under this section is made, together with an assessment of the adequacy of such total amount of funds as a reserve for the payment of claims under guarantees issued pursuant to section 24 in view of the current debt servicing capacity of borrowing countries, as reported to the Congress pursuant to section 634(a)(5) of the Foreign Assistance Act of 22 USC 2394. 1961; “(8) a list of all countries with respect to which findings made 22 USC 2753. by the President pursuant to section 3(a)(1) of this Act are in effect on the date of such transmission; “(9) the progress made under the program of the Republic of Korea to modernize its armed forces, the role of the United States in mutual security efforts in the Republic of Korea and the military balance between the People’s Republic of Korea and the Republic of Korea; “(10) the amount and nature of Soviet military assistance to the armed forces of Cuba during the preceding fiscal year and the military capabilities of those armed forces; “(11) the status of each loan and each contract of guaranty or insurance theretofore made under the Foreign Assistance Act of 22 USC 2151 note. 1961, predecessor Acts, or any Act authorizing international security assistance, with respect to which there remains outstanding any unpaid obligation or potential liability; the status of each extension of credit for the procurement of defense articles or defense services, and of each contract of guaranty in connection with any such procurement, theretofore made under the 22 USC 2751 note. Arms Export Control Act with respect to which there remains outstanding any unpaid obligation or potential liability; and “(12) such other information as the President may deem necessary. “(b) Not later than thirty days following the receipt of a request Submittal of information to Congress. made by the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives for additional information with respect to any information submitted pursuant to subsection (a), the President shall submit such information to such committee. “(c) The President shall make every effort to submit all of the information required by subsection (a) or (b) wholly in unclassified form. Whenever the President submits any such information in classified form, he shall submit such classified information in an addendum and shall also submit simultaneously a detailed summary, in unclassified form, of such classified information.”.

  9. Pub. L. 97–113 title VII § 732 · 95 Stat. 1519

    Added · 22 U.S.C. § 2765(a)(1)

    Pub. L. 97–113 added par. (1) which incorporated provisions of former subsec. (d)(1) of this section. See subsec. (d) amendment note. Former par. (1) covered in par. (3)

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 97–113 added par. (1) which incorporated provisions of former subsec. (d)(1) of this section. See subsec. (d) amendment note. Former par. (1) covered in par. (3).

    Enacted provision · exact public law section
    Sec. 732. consolidated reports: arms export control act Section 25 of the Arms Export Control Act is amended to 22 USC 2765. read as follows: “Sec. 25. Annual Estimate and Justification for Sales Program.— (a) No later than February 1 of each year, the President shall transmit to the Congress, as a part of the annual presentation materials for security assistance programs proposed for the next fiscal year, a report which sets forth— “(1) an arms sales proposal covering all sales and licensed commercial exports under this Act of major weapons or weapons-related defense equipment for $7,000,000 or more, or of any other weapons or weapons-related defense equipment for $25,000,000 or more, which are considered eligible for approval during the current calendar year, together with an indication of which sales and licensed commercial exports are deemed most likely actually to result in the issuance of a letter of offer or of an export license during such year; “(2) an estimate of the total amount of sales and licensed commercial exports expected to be made to each foreign nation from the United States; “(3) the United States national security considerations involved in expected sales or licensed commercial exports to each country, an analysis of the relationship between anticipated sales to each country and arms control efforts concerning such country and an analysis of the impact of such anticipated sales on the stability of the region that includes such country; “(4) an estimate with regard to the international volume of arms traffic to and from nations purchasing arms as set forth in paragraphs (1) and (2) of this subsection, together with best estimates of the sale and delivery of weapons and weapons-related defense equipment by all major arms suppliers to all major recipient countries during the preceding fiscal year; “(5) an estimate of the aggregate dollar value and quantity of defense articles and defense services, military education and training, grant military assistance, and credits and guarantees, to be furnished by the United States to each foreign country and international organization in the next fiscal year; “(6) an analysis and description of the services performed during the preceding fiscal year by officers and employees of the United States Government carrying out functions on a full-time basis under this Act for which reimbursement is provided under 22 USC 2792, 2761. section 43(b) or section 21(a) of this Act, including the number of personnel involved in performing such services; “(7) the total amount of funds in the reserve under section 24(c) at the end of the fiscal year immediately preceding the fiscal year in which a report under this section is made, together with an assessment of the adequacy of such total amount of funds as a reserve for the payment of claims under guarantees issued pursuant to section 24 in view of the current debt servicing capacity of borrowing countries, as reported to the Congress pursuant to section 634(a)(5) of the Foreign Assistance Act of 22 USC 2394. 1961; “(8) a list of all countries with respect to which findings made 22 USC 2753. by the President pursuant to section 3(a)(1) of this Act are in effect on the date of such transmission; “(9) the progress made under the program of the Republic of Korea to modernize its armed forces, the role of the United States in mutual security efforts in the Republic of Korea and the military balance between the People’s Republic of Korea and the Republic of Korea; “(10) the amount and nature of Soviet military assistance to the armed forces of Cuba during the preceding fiscal year and the military capabilities of those armed forces; “(11) the status of each loan and each contract of guaranty or insurance theretofore made under the Foreign Assistance Act of 22 USC 2151 note. 1961, predecessor Acts, or any Act authorizing international security assistance, with respect to which there remains outstanding any unpaid obligation or potential liability; the status of each extension of credit for the procurement of defense articles or defense services, and of each contract of guaranty in connection with any such procurement, theretofore made under the 22 USC 2751 note. Arms Export Control Act with respect to which there remains outstanding any unpaid obligation or potential liability; and “(12) such other information as the President may deem necessary. “(b) Not later than thirty days following the receipt of a request Submittal of information to Congress. made by the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives for additional information with respect to any information submitted pursuant to subsection (a), the President shall submit such information to such committee. “(c) The President shall make every effort to submit all of the information required by subsection (a) or (b) wholly in unclassified form. Whenever the President submits any such information in classified form, he shall submit such classified information in an addendum and shall also submit simultaneously a detailed summary, in unclassified form, of such classified information.”.

  10. Pub. L. 97–113 title VII § 732 · 95 Stat. 1519

    Added · 22 U.S.C. § 2765(a)(2)

    Pub. L. 97–113 added par. (2). Former par. (2), which required the report to contain an estimate of amount of credits and guaranties expected to be extended to each country under sections 2763 and 2764 of this title, covered in par. (5)

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 97–113 added par. (2). Former par. (2), which required the report to contain an estimate of amount of credits and guaranties expected to be extended to each country under sections 2763 and 2764 of this title, covered in par. (5).

    Enacted provision · exact public law section
    Sec. 732. consolidated reports: arms export control act Section 25 of the Arms Export Control Act is amended to 22 USC 2765. read as follows: “Sec. 25. Annual Estimate and Justification for Sales Program.— (a) No later than February 1 of each year, the President shall transmit to the Congress, as a part of the annual presentation materials for security assistance programs proposed for the next fiscal year, a report which sets forth— “(1) an arms sales proposal covering all sales and licensed commercial exports under this Act of major weapons or weapons-related defense equipment for $7,000,000 or more, or of any other weapons or weapons-related defense equipment for $25,000,000 or more, which are considered eligible for approval during the current calendar year, together with an indication of which sales and licensed commercial exports are deemed most likely actually to result in the issuance of a letter of offer or of an export license during such year; “(2) an estimate of the total amount of sales and licensed commercial exports expected to be made to each foreign nation from the United States; “(3) the United States national security considerations involved in expected sales or licensed commercial exports to each country, an analysis of the relationship between anticipated sales to each country and arms control efforts concerning such country and an analysis of the impact of such anticipated sales on the stability of the region that includes such country; “(4) an estimate with regard to the international volume of arms traffic to and from nations purchasing arms as set forth in paragraphs (1) and (2) of this subsection, together with best estimates of the sale and delivery of weapons and weapons-related defense equipment by all major arms suppliers to all major recipient countries during the preceding fiscal year; “(5) an estimate of the aggregate dollar value and quantity of defense articles and defense services, military education and training, grant military assistance, and credits and guarantees, to be furnished by the United States to each foreign country and international organization in the next fiscal year; “(6) an analysis and description of the services performed during the preceding fiscal year by officers and employees of the United States Government carrying out functions on a full-time basis under this Act for which reimbursement is provided under 22 USC 2792, 2761. section 43(b) or section 21(a) of this Act, including the number of personnel involved in performing such services; “(7) the total amount of funds in the reserve under section 24(c) at the end of the fiscal year immediately preceding the fiscal year in which a report under this section is made, together with an assessment of the adequacy of such total amount of funds as a reserve for the payment of claims under guarantees issued pursuant to section 24 in view of the current debt servicing capacity of borrowing countries, as reported to the Congress pursuant to section 634(a)(5) of the Foreign Assistance Act of 22 USC 2394. 1961; “(8) a list of all countries with respect to which findings made 22 USC 2753. by the President pursuant to section 3(a)(1) of this Act are in effect on the date of such transmission; “(9) the progress made under the program of the Republic of Korea to modernize its armed forces, the role of the United States in mutual security efforts in the Republic of Korea and the military balance between the People’s Republic of Korea and the Republic of Korea; “(10) the amount and nature of Soviet military assistance to the armed forces of Cuba during the preceding fiscal year and the military capabilities of those armed forces; “(11) the status of each loan and each contract of guaranty or insurance theretofore made under the Foreign Assistance Act of 22 USC 2151 note. 1961, predecessor Acts, or any Act authorizing international security assistance, with respect to which there remains outstanding any unpaid obligation or potential liability; the status of each extension of credit for the procurement of defense articles or defense services, and of each contract of guaranty in connection with any such procurement, theretofore made under the 22 USC 2751 note. Arms Export Control Act with respect to which there remains outstanding any unpaid obligation or potential liability; and “(12) such other information as the President may deem necessary. “(b) Not later than thirty days following the receipt of a request Submittal of information to Congress. made by the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives for additional information with respect to any information submitted pursuant to subsection (a), the President shall submit such information to such committee. “(c) The President shall make every effort to submit all of the information required by subsection (a) or (b) wholly in unclassified form. Whenever the President submits any such information in classified form, he shall submit such classified information in an addendum and shall also submit simultaneously a detailed summary, in unclassified form, of such classified information.”.

  11. Pub. L. 97–113 title VII § 732 · 95 Stat. 1519

    Redesignated · 22 U.S.C. § 2765(a)(3)

    Pub. L. 97–113 added par. (3) which incorporated provisions of former par. (1) requiring the report to contain an estimate of amounts of expected sales to each country under sections 2761 and 2762 of this title, including detailed explanations of foreign policy and United States national security considerations in expected sales to each country, and (5) requiring inclusion of an arms control impact statement for each purchasing country, covering (A) an analysis of the relationship between expected sales to each country and arms control efforts relating to that country, and (B) the impact of such expected sales on the stability of the region that included the purchasing country. Former par. (3) redesignated (7)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 97–113 added par. (3) which incorporated provisions of former par. (1) requiring the report to contain an estimate of amounts of expected sales to each country under sections 2761 and 2762 of this title, including detailed explanations of foreign policy and United States national security considerations in expected sales to each country, and (5) requiring inclusion of an arms control impact statement for each purchasing country, covering (A) an analysis of the relationship between expected sales to each country and arms control efforts relating to that country, and (B) the impact of such expected sales on the stability of the region that included the purchasing country. Former par. (3) redesignated (7).

    Enacted provision · exact public law section
    Sec. 732. consolidated reports: arms export control act Section 25 of the Arms Export Control Act is amended to 22 USC 2765. read as follows: “Sec. 25. Annual Estimate and Justification for Sales Program.— (a) No later than February 1 of each year, the President shall transmit to the Congress, as a part of the annual presentation materials for security assistance programs proposed for the next fiscal year, a report which sets forth— “(1) an arms sales proposal covering all sales and licensed commercial exports under this Act of major weapons or weapons-related defense equipment for $7,000,000 or more, or of any other weapons or weapons-related defense equipment for $25,000,000 or more, which are considered eligible for approval during the current calendar year, together with an indication of which sales and licensed commercial exports are deemed most likely actually to result in the issuance of a letter of offer or of an export license during such year; “(2) an estimate of the total amount of sales and licensed commercial exports expected to be made to each foreign nation from the United States; “(3) the United States national security considerations involved in expected sales or licensed commercial exports to each country, an analysis of the relationship between anticipated sales to each country and arms control efforts concerning such country and an analysis of the impact of such anticipated sales on the stability of the region that includes such country; “(4) an estimate with regard to the international volume of arms traffic to and from nations purchasing arms as set forth in paragraphs (1) and (2) of this subsection, together with best estimates of the sale and delivery of weapons and weapons-related defense equipment by all major arms suppliers to all major recipient countries during the preceding fiscal year; “(5) an estimate of the aggregate dollar value and quantity of defense articles and defense services, military education and training, grant military assistance, and credits and guarantees, to be furnished by the United States to each foreign country and international organization in the next fiscal year; “(6) an analysis and description of the services performed during the preceding fiscal year by officers and employees of the United States Government carrying out functions on a full-time basis under this Act for which reimbursement is provided under 22 USC 2792, 2761. section 43(b) or section 21(a) of this Act, including the number of personnel involved in performing such services; “(7) the total amount of funds in the reserve under section 24(c) at the end of the fiscal year immediately preceding the fiscal year in which a report under this section is made, together with an assessment of the adequacy of such total amount of funds as a reserve for the payment of claims under guarantees issued pursuant to section 24 in view of the current debt servicing capacity of borrowing countries, as reported to the Congress pursuant to section 634(a)(5) of the Foreign Assistance Act of 22 USC 2394. 1961; “(8) a list of all countries with respect to which findings made 22 USC 2753. by the President pursuant to section 3(a)(1) of this Act are in effect on the date of such transmission; “(9) the progress made under the program of the Republic of Korea to modernize its armed forces, the role of the United States in mutual security efforts in the Republic of Korea and the military balance between the People’s Republic of Korea and the Republic of Korea; “(10) the amount and nature of Soviet military assistance to the armed forces of Cuba during the preceding fiscal year and the military capabilities of those armed forces; “(11) the status of each loan and each contract of guaranty or insurance theretofore made under the Foreign Assistance Act of 22 USC 2151 note. 1961, predecessor Acts, or any Act authorizing international security assistance, with respect to which there remains outstanding any unpaid obligation or potential liability; the status of each extension of credit for the procurement of defense articles or defense services, and of each contract of guaranty in connection with any such procurement, theretofore made under the 22 USC 2751 note. Arms Export Control Act with respect to which there remains outstanding any unpaid obligation or potential liability; and “(12) such other information as the President may deem necessary. “(b) Not later than thirty days following the receipt of a request Submittal of information to Congress. made by the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives for additional information with respect to any information submitted pursuant to subsection (a), the President shall submit such information to such committee. “(c) The President shall make every effort to submit all of the information required by subsection (a) or (b) wholly in unclassified form. Whenever the President submits any such information in classified form, he shall submit such classified information in an addendum and shall also submit simultaneously a detailed summary, in unclassified form, of such classified information.”.

  12. Pub. L. 97–113 title VII § 732 · 95 Stat. 1519

    Added · 22 U.S.C. § 2765(a)(4)

    Pub. L. 97–113 added par. (4) which incorporated provisions of former subsec. (e), which had required executive estimates of international arms traffic, including estimates on an annual basis of the sale and delivery of weapons and weapons-related defense equipment by all major arms suppliers to all major recipient countries during the preceding three years. Former par. (4) covered in par. (8)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 97–113 added par. (4) which incorporated provisions of former subsec. (e), which had required executive estimates of international arms traffic, including estimates on an annual basis of the sale and delivery of weapons and weapons-related defense equipment by all major arms suppliers to all major recipient countries during the preceding three years. Former par. (4) covered in par. (8).

    Enacted provision · exact public law section
    Sec. 732. consolidated reports: arms export control act Section 25 of the Arms Export Control Act is amended to 22 USC 2765. read as follows: “Sec. 25. Annual Estimate and Justification for Sales Program.— (a) No later than February 1 of each year, the President shall transmit to the Congress, as a part of the annual presentation materials for security assistance programs proposed for the next fiscal year, a report which sets forth— “(1) an arms sales proposal covering all sales and licensed commercial exports under this Act of major weapons or weapons-related defense equipment for $7,000,000 or more, or of any other weapons or weapons-related defense equipment for $25,000,000 or more, which are considered eligible for approval during the current calendar year, together with an indication of which sales and licensed commercial exports are deemed most likely actually to result in the issuance of a letter of offer or of an export license during such year; “(2) an estimate of the total amount of sales and licensed commercial exports expected to be made to each foreign nation from the United States; “(3) the United States national security considerations involved in expected sales or licensed commercial exports to each country, an analysis of the relationship between anticipated sales to each country and arms control efforts concerning such country and an analysis of the impact of such anticipated sales on the stability of the region that includes such country; “(4) an estimate with regard to the international volume of arms traffic to and from nations purchasing arms as set forth in paragraphs (1) and (2) of this subsection, together with best estimates of the sale and delivery of weapons and weapons-related defense equipment by all major arms suppliers to all major recipient countries during the preceding fiscal year; “(5) an estimate of the aggregate dollar value and quantity of defense articles and defense services, military education and training, grant military assistance, and credits and guarantees, to be furnished by the United States to each foreign country and international organization in the next fiscal year; “(6) an analysis and description of the services performed during the preceding fiscal year by officers and employees of the United States Government carrying out functions on a full-time basis under this Act for which reimbursement is provided under 22 USC 2792, 2761. section 43(b) or section 21(a) of this Act, including the number of personnel involved in performing such services; “(7) the total amount of funds in the reserve under section 24(c) at the end of the fiscal year immediately preceding the fiscal year in which a report under this section is made, together with an assessment of the adequacy of such total amount of funds as a reserve for the payment of claims under guarantees issued pursuant to section 24 in view of the current debt servicing capacity of borrowing countries, as reported to the Congress pursuant to section 634(a)(5) of the Foreign Assistance Act of 22 USC 2394. 1961; “(8) a list of all countries with respect to which findings made 22 USC 2753. by the President pursuant to section 3(a)(1) of this Act are in effect on the date of such transmission; “(9) the progress made under the program of the Republic of Korea to modernize its armed forces, the role of the United States in mutual security efforts in the Republic of Korea and the military balance between the People’s Republic of Korea and the Republic of Korea; “(10) the amount and nature of Soviet military assistance to the armed forces of Cuba during the preceding fiscal year and the military capabilities of those armed forces; “(11) the status of each loan and each contract of guaranty or insurance theretofore made under the Foreign Assistance Act of 22 USC 2151 note. 1961, predecessor Acts, or any Act authorizing international security assistance, with respect to which there remains outstanding any unpaid obligation or potential liability; the status of each extension of credit for the procurement of defense articles or defense services, and of each contract of guaranty in connection with any such procurement, theretofore made under the 22 USC 2751 note. Arms Export Control Act with respect to which there remains outstanding any unpaid obligation or potential liability; and “(12) such other information as the President may deem necessary. “(b) Not later than thirty days following the receipt of a request Submittal of information to Congress. made by the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives for additional information with respect to any information submitted pursuant to subsection (a), the President shall submit such information to such committee. “(c) The President shall make every effort to submit all of the information required by subsection (a) or (b) wholly in unclassified form. Whenever the President submits any such information in classified form, he shall submit such classified information in an addendum and shall also submit simultaneously a detailed summary, in unclassified form, of such classified information.”.

  13. Pub. L. 97–113 title VII § 732 · 95 Stat. 1519

    Added · 22 U.S.C. § 2765(a)(5)

    Pub. L. 97–113 added par. (5) which incorporated provisions of former par. (2) requiring the report to contain an estimate of amount of credits and guaranties expected to be extended to each country under sections 2763 and 2764 of this title. Former par. (5) covered in par. (3)

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 97–113 added par. (5) which incorporated provisions of former par. (2) requiring the report to contain an estimate of amount of credits and guaranties expected to be extended to each country under sections 2763 and 2764 of this title. Former par. (5) covered in par. (3).

    Enacted provision · exact public law section
    Sec. 732. consolidated reports: arms export control act Section 25 of the Arms Export Control Act is amended to 22 USC 2765. read as follows: “Sec. 25. Annual Estimate and Justification for Sales Program.— (a) No later than February 1 of each year, the President shall transmit to the Congress, as a part of the annual presentation materials for security assistance programs proposed for the next fiscal year, a report which sets forth— “(1) an arms sales proposal covering all sales and licensed commercial exports under this Act of major weapons or weapons-related defense equipment for $7,000,000 or more, or of any other weapons or weapons-related defense equipment for $25,000,000 or more, which are considered eligible for approval during the current calendar year, together with an indication of which sales and licensed commercial exports are deemed most likely actually to result in the issuance of a letter of offer or of an export license during such year; “(2) an estimate of the total amount of sales and licensed commercial exports expected to be made to each foreign nation from the United States; “(3) the United States national security considerations involved in expected sales or licensed commercial exports to each country, an analysis of the relationship between anticipated sales to each country and arms control efforts concerning such country and an analysis of the impact of such anticipated sales on the stability of the region that includes such country; “(4) an estimate with regard to the international volume of arms traffic to and from nations purchasing arms as set forth in paragraphs (1) and (2) of this subsection, together with best estimates of the sale and delivery of weapons and weapons-related defense equipment by all major arms suppliers to all major recipient countries during the preceding fiscal year; “(5) an estimate of the aggregate dollar value and quantity of defense articles and defense services, military education and training, grant military assistance, and credits and guarantees, to be furnished by the United States to each foreign country and international organization in the next fiscal year; “(6) an analysis and description of the services performed during the preceding fiscal year by officers and employees of the United States Government carrying out functions on a full-time basis under this Act for which reimbursement is provided under 22 USC 2792, 2761. section 43(b) or section 21(a) of this Act, including the number of personnel involved in performing such services; “(7) the total amount of funds in the reserve under section 24(c) at the end of the fiscal year immediately preceding the fiscal year in which a report under this section is made, together with an assessment of the adequacy of such total amount of funds as a reserve for the payment of claims under guarantees issued pursuant to section 24 in view of the current debt servicing capacity of borrowing countries, as reported to the Congress pursuant to section 634(a)(5) of the Foreign Assistance Act of 22 USC 2394. 1961; “(8) a list of all countries with respect to which findings made 22 USC 2753. by the President pursuant to section 3(a)(1) of this Act are in effect on the date of such transmission; “(9) the progress made under the program of the Republic of Korea to modernize its armed forces, the role of the United States in mutual security efforts in the Republic of Korea and the military balance between the People’s Republic of Korea and the Republic of Korea; “(10) the amount and nature of Soviet military assistance to the armed forces of Cuba during the preceding fiscal year and the military capabilities of those armed forces; “(11) the status of each loan and each contract of guaranty or insurance theretofore made under the Foreign Assistance Act of 22 USC 2151 note. 1961, predecessor Acts, or any Act authorizing international security assistance, with respect to which there remains outstanding any unpaid obligation or potential liability; the status of each extension of credit for the procurement of defense articles or defense services, and of each contract of guaranty in connection with any such procurement, theretofore made under the 22 USC 2751 note. Arms Export Control Act with respect to which there remains outstanding any unpaid obligation or potential liability; and “(12) such other information as the President may deem necessary. “(b) Not later than thirty days following the receipt of a request Submittal of information to Congress. made by the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives for additional information with respect to any information submitted pursuant to subsection (a), the President shall submit such information to such committee. “(c) The President shall make every effort to submit all of the information required by subsection (a) or (b) wholly in unclassified form. Whenever the President submits any such information in classified form, he shall submit such classified information in an addendum and shall also submit simultaneously a detailed summary, in unclassified form, of such classified information.”.

  14. Pub. L. 97–113 title VII § 732 · 95 Stat. 1519

    Added · 22 U.S.C. § 2765(a)(6)

    Pub. L. 97–113 added par. (6)

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 97–113 added par. (6).

    Enacted provision · exact public law section
    Sec. 732. consolidated reports: arms export control act Section 25 of the Arms Export Control Act is amended to 22 USC 2765. read as follows: “Sec. 25. Annual Estimate and Justification for Sales Program.— (a) No later than February 1 of each year, the President shall transmit to the Congress, as a part of the annual presentation materials for security assistance programs proposed for the next fiscal year, a report which sets forth— “(1) an arms sales proposal covering all sales and licensed commercial exports under this Act of major weapons or weapons-related defense equipment for $7,000,000 or more, or of any other weapons or weapons-related defense equipment for $25,000,000 or more, which are considered eligible for approval during the current calendar year, together with an indication of which sales and licensed commercial exports are deemed most likely actually to result in the issuance of a letter of offer or of an export license during such year; “(2) an estimate of the total amount of sales and licensed commercial exports expected to be made to each foreign nation from the United States; “(3) the United States national security considerations involved in expected sales or licensed commercial exports to each country, an analysis of the relationship between anticipated sales to each country and arms control efforts concerning such country and an analysis of the impact of such anticipated sales on the stability of the region that includes such country; “(4) an estimate with regard to the international volume of arms traffic to and from nations purchasing arms as set forth in paragraphs (1) and (2) of this subsection, together with best estimates of the sale and delivery of weapons and weapons-related defense equipment by all major arms suppliers to all major recipient countries during the preceding fiscal year; “(5) an estimate of the aggregate dollar value and quantity of defense articles and defense services, military education and training, grant military assistance, and credits and guarantees, to be furnished by the United States to each foreign country and international organization in the next fiscal year; “(6) an analysis and description of the services performed during the preceding fiscal year by officers and employees of the United States Government carrying out functions on a full-time basis under this Act for which reimbursement is provided under 22 USC 2792, 2761. section 43(b) or section 21(a) of this Act, including the number of personnel involved in performing such services; “(7) the total amount of funds in the reserve under section 24(c) at the end of the fiscal year immediately preceding the fiscal year in which a report under this section is made, together with an assessment of the adequacy of such total amount of funds as a reserve for the payment of claims under guarantees issued pursuant to section 24 in view of the current debt servicing capacity of borrowing countries, as reported to the Congress pursuant to section 634(a)(5) of the Foreign Assistance Act of 22 USC 2394. 1961; “(8) a list of all countries with respect to which findings made 22 USC 2753. by the President pursuant to section 3(a)(1) of this Act are in effect on the date of such transmission; “(9) the progress made under the program of the Republic of Korea to modernize its armed forces, the role of the United States in mutual security efforts in the Republic of Korea and the military balance between the People’s Republic of Korea and the Republic of Korea; “(10) the amount and nature of Soviet military assistance to the armed forces of Cuba during the preceding fiscal year and the military capabilities of those armed forces; “(11) the status of each loan and each contract of guaranty or insurance theretofore made under the Foreign Assistance Act of 22 USC 2151 note. 1961, predecessor Acts, or any Act authorizing international security assistance, with respect to which there remains outstanding any unpaid obligation or potential liability; the status of each extension of credit for the procurement of defense articles or defense services, and of each contract of guaranty in connection with any such procurement, theretofore made under the 22 USC 2751 note. Arms Export Control Act with respect to which there remains outstanding any unpaid obligation or potential liability; and “(12) such other information as the President may deem necessary. “(b) Not later than thirty days following the receipt of a request Submittal of information to Congress. made by the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives for additional information with respect to any information submitted pursuant to subsection (a), the President shall submit such information to such committee. “(c) The President shall make every effort to submit all of the information required by subsection (a) or (b) wholly in unclassified form. Whenever the President submits any such information in classified form, he shall submit such classified information in an addendum and shall also submit simultaneously a detailed summary, in unclassified form, of such classified information.”.

  15. Pub. L. 97–113 title VII § 732 · 95 Stat. 1519

    Redesignated · 22 U.S.C. § 2765(a)(7)

    Pub. L. 97–113 redesignated former par. (3) as (7)

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 97–113 redesignated former par. (3) as (7).

    Enacted provision · exact public law section
    Sec. 732. consolidated reports: arms export control act Section 25 of the Arms Export Control Act is amended to 22 USC 2765. read as follows: “Sec. 25. Annual Estimate and Justification for Sales Program.— (a) No later than February 1 of each year, the President shall transmit to the Congress, as a part of the annual presentation materials for security assistance programs proposed for the next fiscal year, a report which sets forth— “(1) an arms sales proposal covering all sales and licensed commercial exports under this Act of major weapons or weapons-related defense equipment for $7,000,000 or more, or of any other weapons or weapons-related defense equipment for $25,000,000 or more, which are considered eligible for approval during the current calendar year, together with an indication of which sales and licensed commercial exports are deemed most likely actually to result in the issuance of a letter of offer or of an export license during such year; “(2) an estimate of the total amount of sales and licensed commercial exports expected to be made to each foreign nation from the United States; “(3) the United States national security considerations involved in expected sales or licensed commercial exports to each country, an analysis of the relationship between anticipated sales to each country and arms control efforts concerning such country and an analysis of the impact of such anticipated sales on the stability of the region that includes such country; “(4) an estimate with regard to the international volume of arms traffic to and from nations purchasing arms as set forth in paragraphs (1) and (2) of this subsection, together with best estimates of the sale and delivery of weapons and weapons-related defense equipment by all major arms suppliers to all major recipient countries during the preceding fiscal year; “(5) an estimate of the aggregate dollar value and quantity of defense articles and defense services, military education and training, grant military assistance, and credits and guarantees, to be furnished by the United States to each foreign country and international organization in the next fiscal year; “(6) an analysis and description of the services performed during the preceding fiscal year by officers and employees of the United States Government carrying out functions on a full-time basis under this Act for which reimbursement is provided under 22 USC 2792, 2761. section 43(b) or section 21(a) of this Act, including the number of personnel involved in performing such services; “(7) the total amount of funds in the reserve under section 24(c) at the end of the fiscal year immediately preceding the fiscal year in which a report under this section is made, together with an assessment of the adequacy of such total amount of funds as a reserve for the payment of claims under guarantees issued pursuant to section 24 in view of the current debt servicing capacity of borrowing countries, as reported to the Congress pursuant to section 634(a)(5) of the Foreign Assistance Act of 22 USC 2394. 1961; “(8) a list of all countries with respect to which findings made 22 USC 2753. by the President pursuant to section 3(a)(1) of this Act are in effect on the date of such transmission; “(9) the progress made under the program of the Republic of Korea to modernize its armed forces, the role of the United States in mutual security efforts in the Republic of Korea and the military balance between the People’s Republic of Korea and the Republic of Korea; “(10) the amount and nature of Soviet military assistance to the armed forces of Cuba during the preceding fiscal year and the military capabilities of those armed forces; “(11) the status of each loan and each contract of guaranty or insurance theretofore made under the Foreign Assistance Act of 22 USC 2151 note. 1961, predecessor Acts, or any Act authorizing international security assistance, with respect to which there remains outstanding any unpaid obligation or potential liability; the status of each extension of credit for the procurement of defense articles or defense services, and of each contract of guaranty in connection with any such procurement, theretofore made under the 22 USC 2751 note. Arms Export Control Act with respect to which there remains outstanding any unpaid obligation or potential liability; and “(12) such other information as the President may deem necessary. “(b) Not later than thirty days following the receipt of a request Submittal of information to Congress. made by the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives for additional information with respect to any information submitted pursuant to subsection (a), the President shall submit such information to such committee. “(c) The President shall make every effort to submit all of the information required by subsection (a) or (b) wholly in unclassified form. Whenever the President submits any such information in classified form, he shall submit such classified information in an addendum and shall also submit simultaneously a detailed summary, in unclassified form, of such classified information.”.

  16. Pub. L. 97–113 title VII § 732 · 95 Stat. 1519

    Added · 22 U.S.C. § 2765(a)(8)

    Pub. L. 97–113 added par. (8), which incorporated provisions of former par. (4), requiring the report to contain a list of all findings in effect on date of its transmission made by the President pursuant to section 2753(a)(1) of this title, together with a full and complete justification for each finding, explaining how sales to each country with respect to which findings were made would strengthen the security of the United States and promote world peace

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 97–113 added par. (8), which incorporated provisions of former par. (4), requiring the report to contain a list of all findings in effect on date of its transmission made by the President pursuant to section 2753(a)(1) of this title, together with a full and complete justification for each finding, explaining how sales to each country with respect to which findings were made would strengthen the security of the United States and promote world peace.

    Enacted provision · exact public law section
    Sec. 732. consolidated reports: arms export control act Section 25 of the Arms Export Control Act is amended to 22 USC 2765. read as follows: “Sec. 25. Annual Estimate and Justification for Sales Program.— (a) No later than February 1 of each year, the President shall transmit to the Congress, as a part of the annual presentation materials for security assistance programs proposed for the next fiscal year, a report which sets forth— “(1) an arms sales proposal covering all sales and licensed commercial exports under this Act of major weapons or weapons-related defense equipment for $7,000,000 or more, or of any other weapons or weapons-related defense equipment for $25,000,000 or more, which are considered eligible for approval during the current calendar year, together with an indication of which sales and licensed commercial exports are deemed most likely actually to result in the issuance of a letter of offer or of an export license during such year; “(2) an estimate of the total amount of sales and licensed commercial exports expected to be made to each foreign nation from the United States; “(3) the United States national security considerations involved in expected sales or licensed commercial exports to each country, an analysis of the relationship between anticipated sales to each country and arms control efforts concerning such country and an analysis of the impact of such anticipated sales on the stability of the region that includes such country; “(4) an estimate with regard to the international volume of arms traffic to and from nations purchasing arms as set forth in paragraphs (1) and (2) of this subsection, together with best estimates of the sale and delivery of weapons and weapons-related defense equipment by all major arms suppliers to all major recipient countries during the preceding fiscal year; “(5) an estimate of the aggregate dollar value and quantity of defense articles and defense services, military education and training, grant military assistance, and credits and guarantees, to be furnished by the United States to each foreign country and international organization in the next fiscal year; “(6) an analysis and description of the services performed during the preceding fiscal year by officers and employees of the United States Government carrying out functions on a full-time basis under this Act for which reimbursement is provided under 22 USC 2792, 2761. section 43(b) or section 21(a) of this Act, including the number of personnel involved in performing such services; “(7) the total amount of funds in the reserve under section 24(c) at the end of the fiscal year immediately preceding the fiscal year in which a report under this section is made, together with an assessment of the adequacy of such total amount of funds as a reserve for the payment of claims under guarantees issued pursuant to section 24 in view of the current debt servicing capacity of borrowing countries, as reported to the Congress pursuant to section 634(a)(5) of the Foreign Assistance Act of 22 USC 2394. 1961; “(8) a list of all countries with respect to which findings made 22 USC 2753. by the President pursuant to section 3(a)(1) of this Act are in effect on the date of such transmission; “(9) the progress made under the program of the Republic of Korea to modernize its armed forces, the role of the United States in mutual security efforts in the Republic of Korea and the military balance between the People’s Republic of Korea and the Republic of Korea; “(10) the amount and nature of Soviet military assistance to the armed forces of Cuba during the preceding fiscal year and the military capabilities of those armed forces; “(11) the status of each loan and each contract of guaranty or insurance theretofore made under the Foreign Assistance Act of 22 USC 2151 note. 1961, predecessor Acts, or any Act authorizing international security assistance, with respect to which there remains outstanding any unpaid obligation or potential liability; the status of each extension of credit for the procurement of defense articles or defense services, and of each contract of guaranty in connection with any such procurement, theretofore made under the 22 USC 2751 note. Arms Export Control Act with respect to which there remains outstanding any unpaid obligation or potential liability; and “(12) such other information as the President may deem necessary. “(b) Not later than thirty days following the receipt of a request Submittal of information to Congress. made by the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives for additional information with respect to any information submitted pursuant to subsection (a), the President shall submit such information to such committee. “(c) The President shall make every effort to submit all of the information required by subsection (a) or (b) wholly in unclassified form. Whenever the President submits any such information in classified form, he shall submit such classified information in an addendum and shall also submit simultaneously a detailed summary, in unclassified form, of such classified information.”.

  17. Pub. L. 97–113 title VII § 732 · 95 Stat. 1519

    Added · 22 U.S.C. § 2765(a)(9)(12)

    Pub. L. 97–113 added pars. (9) to (12)

    Source evidence

    Code amendment note
    Subsecs. (a)(9) to (12). Pub. L. 97–113 added pars. (9) to (12).

    Enacted provision · exact public law section
    Sec. 732. consolidated reports: arms export control act Section 25 of the Arms Export Control Act is amended to 22 USC 2765. read as follows: “Sec. 25. Annual Estimate and Justification for Sales Program.— (a) No later than February 1 of each year, the President shall transmit to the Congress, as a part of the annual presentation materials for security assistance programs proposed for the next fiscal year, a report which sets forth— “(1) an arms sales proposal covering all sales and licensed commercial exports under this Act of major weapons or weapons-related defense equipment for $7,000,000 or more, or of any other weapons or weapons-related defense equipment for $25,000,000 or more, which are considered eligible for approval during the current calendar year, together with an indication of which sales and licensed commercial exports are deemed most likely actually to result in the issuance of a letter of offer or of an export license during such year; “(2) an estimate of the total amount of sales and licensed commercial exports expected to be made to each foreign nation from the United States; “(3) the United States national security considerations involved in expected sales or licensed commercial exports to each country, an analysis of the relationship between anticipated sales to each country and arms control efforts concerning such country and an analysis of the impact of such anticipated sales on the stability of the region that includes such country; “(4) an estimate with regard to the international volume of arms traffic to and from nations purchasing arms as set forth in paragraphs (1) and (2) of this subsection, together with best estimates of the sale and delivery of weapons and weapons-related defense equipment by all major arms suppliers to all major recipient countries during the preceding fiscal year; “(5) an estimate of the aggregate dollar value and quantity of defense articles and defense services, military education and training, grant military assistance, and credits and guarantees, to be furnished by the United States to each foreign country and international organization in the next fiscal year; “(6) an analysis and description of the services performed during the preceding fiscal year by officers and employees of the United States Government carrying out functions on a full-time basis under this Act for which reimbursement is provided under 22 USC 2792, 2761. section 43(b) or section 21(a) of this Act, including the number of personnel involved in performing such services; “(7) the total amount of funds in the reserve under section 24(c) at the end of the fiscal year immediately preceding the fiscal year in which a report under this section is made, together with an assessment of the adequacy of such total amount of funds as a reserve for the payment of claims under guarantees issued pursuant to section 24 in view of the current debt servicing capacity of borrowing countries, as reported to the Congress pursuant to section 634(a)(5) of the Foreign Assistance Act of 22 USC 2394. 1961; “(8) a list of all countries with respect to which findings made 22 USC 2753. by the President pursuant to section 3(a)(1) of this Act are in effect on the date of such transmission; “(9) the progress made under the program of the Republic of Korea to modernize its armed forces, the role of the United States in mutual security efforts in the Republic of Korea and the military balance between the People’s Republic of Korea and the Republic of Korea; “(10) the amount and nature of Soviet military assistance to the armed forces of Cuba during the preceding fiscal year and the military capabilities of those armed forces; “(11) the status of each loan and each contract of guaranty or insurance theretofore made under the Foreign Assistance Act of 22 USC 2151 note. 1961, predecessor Acts, or any Act authorizing international security assistance, with respect to which there remains outstanding any unpaid obligation or potential liability; the status of each extension of credit for the procurement of defense articles or defense services, and of each contract of guaranty in connection with any such procurement, theretofore made under the 22 USC 2751 note. Arms Export Control Act with respect to which there remains outstanding any unpaid obligation or potential liability; and “(12) such other information as the President may deem necessary. “(b) Not later than thirty days following the receipt of a request Submittal of information to Congress. made by the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives for additional information with respect to any information submitted pursuant to subsection (a), the President shall submit such information to such committee. “(c) The President shall make every effort to submit all of the information required by subsection (a) or (b) wholly in unclassified form. Whenever the President submits any such information in classified form, he shall submit such classified information in an addendum and shall also submit simultaneously a detailed summary, in unclassified form, of such classified information.”.

  18. Pub. L. 97–113 title VII § 732 · 95 Stat. 1519

    1. Substituted · 22 U.S.C. § 2765(b)

      Pub. L. 97–113 substituted “Committee on Foreign Affairs” for “Committee on International Relations”

    2. Substituted · 22 U.S.C. § 2765(b)

      Pub. L. 97–113 substituted “with respect to any information” for “with respect to any estimate”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–113 substituted “Committee on Foreign Affairs” for “Committee on International Relations”, and “with respect to any information” for “with respect to any estimate”.

    Enacted provision · exact public law section
    Sec. 732. consolidated reports: arms export control act Section 25 of the Arms Export Control Act is amended to 22 USC 2765. read as follows: “Sec. 25. Annual Estimate and Justification for Sales Program.— (a) No later than February 1 of each year, the President shall transmit to the Congress, as a part of the annual presentation materials for security assistance programs proposed for the next fiscal year, a report which sets forth— “(1) an arms sales proposal covering all sales and licensed commercial exports under this Act of major weapons or weapons-related defense equipment for $7,000,000 or more, or of any other weapons or weapons-related defense equipment for $25,000,000 or more, which are considered eligible for approval during the current calendar year, together with an indication of which sales and licensed commercial exports are deemed most likely actually to result in the issuance of a letter of offer or of an export license during such year; “(2) an estimate of the total amount of sales and licensed commercial exports expected to be made to each foreign nation from the United States; “(3) the United States national security considerations involved in expected sales or licensed commercial exports to each country, an analysis of the relationship between anticipated sales to each country and arms control efforts concerning such country and an analysis of the impact of such anticipated sales on the stability of the region that includes such country; “(4) an estimate with regard to the international volume of arms traffic to and from nations purchasing arms as set forth in paragraphs (1) and (2) of this subsection, together with best estimates of the sale and delivery of weapons and weapons-related defense equipment by all major arms suppliers to all major recipient countries during the preceding fiscal year; “(5) an estimate of the aggregate dollar value and quantity of defense articles and defense services, military education and training, grant military assistance, and credits and guarantees, to be furnished by the United States to each foreign country and international organization in the next fiscal year; “(6) an analysis and description of the services performed during the preceding fiscal year by officers and employees of the United States Government carrying out functions on a full-time basis under this Act for which reimbursement is provided under 22 USC 2792, 2761. section 43(b) or section 21(a) of this Act, including the number of personnel involved in performing such services; “(7) the total amount of funds in the reserve under section 24(c) at the end of the fiscal year immediately preceding the fiscal year in which a report under this section is made, together with an assessment of the adequacy of such total amount of funds as a reserve for the payment of claims under guarantees issued pursuant to section 24 in view of the current debt servicing capacity of borrowing countries, as reported to the Congress pursuant to section 634(a)(5) of the Foreign Assistance Act of 22 USC 2394. 1961; “(8) a list of all countries with respect to which findings made 22 USC 2753. by the President pursuant to section 3(a)(1) of this Act are in effect on the date of such transmission; “(9) the progress made under the program of the Republic of Korea to modernize its armed forces, the role of the United States in mutual security efforts in the Republic of Korea and the military balance between the People’s Republic of Korea and the Republic of Korea; “(10) the amount and nature of Soviet military assistance to the armed forces of Cuba during the preceding fiscal year and the military capabilities of those armed forces; “(11) the status of each loan and each contract of guaranty or insurance theretofore made under the Foreign Assistance Act of 22 USC 2151 note. 1961, predecessor Acts, or any Act authorizing international security assistance, with respect to which there remains outstanding any unpaid obligation or potential liability; the status of each extension of credit for the procurement of defense articles or defense services, and of each contract of guaranty in connection with any such procurement, theretofore made under the 22 USC 2751 note. Arms Export Control Act with respect to which there remains outstanding any unpaid obligation or potential liability; and “(12) such other information as the President may deem necessary. “(b) Not later than thirty days following the receipt of a request Submittal of information to Congress. made by the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives for additional information with respect to any information submitted pursuant to subsection (a), the President shall submit such information to such committee. “(c) The President shall make every effort to submit all of the information required by subsection (a) or (b) wholly in unclassified form. Whenever the President submits any such information in classified form, he shall submit such classified information in an addendum and shall also submit simultaneously a detailed summary, in unclassified form, of such classified information.”.

  19. Pub. L. 97–113 title VII § 732 · 95 Stat. 1519

    Substituted · 22 U.S.C. § 2765(c)

    Pub. L. 97–113 substituted “Whenever the President” for “In the event the President”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 97–113 substituted “Whenever the President” for “In the event the President”.

    Enacted provision · exact public law section
    Sec. 732. consolidated reports: arms export control act Section 25 of the Arms Export Control Act is amended to 22 USC 2765. read as follows: “Sec. 25. Annual Estimate and Justification for Sales Program.— (a) No later than February 1 of each year, the President shall transmit to the Congress, as a part of the annual presentation materials for security assistance programs proposed for the next fiscal year, a report which sets forth— “(1) an arms sales proposal covering all sales and licensed commercial exports under this Act of major weapons or weapons-related defense equipment for $7,000,000 or more, or of any other weapons or weapons-related defense equipment for $25,000,000 or more, which are considered eligible for approval during the current calendar year, together with an indication of which sales and licensed commercial exports are deemed most likely actually to result in the issuance of a letter of offer or of an export license during such year; “(2) an estimate of the total amount of sales and licensed commercial exports expected to be made to each foreign nation from the United States; “(3) the United States national security considerations involved in expected sales or licensed commercial exports to each country, an analysis of the relationship between anticipated sales to each country and arms control efforts concerning such country and an analysis of the impact of such anticipated sales on the stability of the region that includes such country; “(4) an estimate with regard to the international volume of arms traffic to and from nations purchasing arms as set forth in paragraphs (1) and (2) of this subsection, together with best estimates of the sale and delivery of weapons and weapons-related defense equipment by all major arms suppliers to all major recipient countries during the preceding fiscal year; “(5) an estimate of the aggregate dollar value and quantity of defense articles and defense services, military education and training, grant military assistance, and credits and guarantees, to be furnished by the United States to each foreign country and international organization in the next fiscal year; “(6) an analysis and description of the services performed during the preceding fiscal year by officers and employees of the United States Government carrying out functions on a full-time basis under this Act for which reimbursement is provided under 22 USC 2792, 2761. section 43(b) or section 21(a) of this Act, including the number of personnel involved in performing such services; “(7) the total amount of funds in the reserve under section 24(c) at the end of the fiscal year immediately preceding the fiscal year in which a report under this section is made, together with an assessment of the adequacy of such total amount of funds as a reserve for the payment of claims under guarantees issued pursuant to section 24 in view of the current debt servicing capacity of borrowing countries, as reported to the Congress pursuant to section 634(a)(5) of the Foreign Assistance Act of 22 USC 2394. 1961; “(8) a list of all countries with respect to which findings made 22 USC 2753. by the President pursuant to section 3(a)(1) of this Act are in effect on the date of such transmission; “(9) the progress made under the program of the Republic of Korea to modernize its armed forces, the role of the United States in mutual security efforts in the Republic of Korea and the military balance between the People’s Republic of Korea and the Republic of Korea; “(10) the amount and nature of Soviet military assistance to the armed forces of Cuba during the preceding fiscal year and the military capabilities of those armed forces; “(11) the status of each loan and each contract of guaranty or insurance theretofore made under the Foreign Assistance Act of 22 USC 2151 note. 1961, predecessor Acts, or any Act authorizing international security assistance, with respect to which there remains outstanding any unpaid obligation or potential liability; the status of each extension of credit for the procurement of defense articles or defense services, and of each contract of guaranty in connection with any such procurement, theretofore made under the 22 USC 2751 note. Arms Export Control Act with respect to which there remains outstanding any unpaid obligation or potential liability; and “(12) such other information as the President may deem necessary. “(b) Not later than thirty days following the receipt of a request Submittal of information to Congress. made by the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives for additional information with respect to any information submitted pursuant to subsection (a), the President shall submit such information to such committee. “(c) The President shall make every effort to submit all of the information required by subsection (a) or (b) wholly in unclassified form. Whenever the President submits any such information in classified form, he shall submit such classified information in an addendum and shall also submit simultaneously a detailed summary, in unclassified form, of such classified information.”.

  20. Pub. L. 97–113 title VII § 732 · 95 Stat. 1519

    Changed · 22 U.S.C. § 2765(d)

    Pub. L. 97–113 incorporated in subsec. (a) introductory text and subsec. (a)(1), provisions of former subsec. (d)(1) which had required transmission to the Speaker of the House and the chairman of the Senate Foreign Relations Committee the Arms Sales Proposal covering sales and licensed commercials exports under this chapter (other than such transactions to members of North Atlantic Treaty Organization, Japan, Australia, and New Zealand) of major weapons or weapons-related defense equipment for $7,000,000 or more, or of any other weapons or similar equipment for $25,000,000 or more, which were eligible for approval during fiscal year beginning October 1 of such year and had required identification in the reports of sales and licensed commercial exports deemed most likely actually to result in issuance of a letter of offer or of an export license during such fiscal year, and subsec. (d)(2) which had required Presidential six month written notifications of Congress of any change in the Arms Sales Proposal for such fiscal year, together with reasons therefor

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 97–113 incorporated in subsec. (a) introductory text and subsec. (a)(1), provisions of former subsec. (d)(1) which had required transmission to the Speaker of the House and the chairman of the Senate Foreign Relations Committee the Arms Sales Proposal covering sales and licensed commercials exports under this chapter (other than such transactions to members of North Atlantic Treaty Organization, Japan, Australia, and New Zealand) of major weapons or weapons-related defense equipment for $7,000,000 or more, or of any other weapons or similar equipment for $25,000,000 or more, which were eligible for approval during fiscal year beginning October 1 of such year and had required identification in the reports of sales and licensed commercial exports deemed most likely actually to result in issuance of a letter of offer or of an export license during such fiscal year, and subsec. (d)(2) which had required Presidential six month written notifications of Congress of any change in the Arms Sales Proposal for such fiscal year, together with reasons therefor.

    Enacted provision · exact public law section
    Sec. 732. consolidated reports: arms export control act Section 25 of the Arms Export Control Act is amended to 22 USC 2765. read as follows: “Sec. 25. Annual Estimate and Justification for Sales Program.— (a) No later than February 1 of each year, the President shall transmit to the Congress, as a part of the annual presentation materials for security assistance programs proposed for the next fiscal year, a report which sets forth— “(1) an arms sales proposal covering all sales and licensed commercial exports under this Act of major weapons or weapons-related defense equipment for $7,000,000 or more, or of any other weapons or weapons-related defense equipment for $25,000,000 or more, which are considered eligible for approval during the current calendar year, together with an indication of which sales and licensed commercial exports are deemed most likely actually to result in the issuance of a letter of offer or of an export license during such year; “(2) an estimate of the total amount of sales and licensed commercial exports expected to be made to each foreign nation from the United States; “(3) the United States national security considerations involved in expected sales or licensed commercial exports to each country, an analysis of the relationship between anticipated sales to each country and arms control efforts concerning such country and an analysis of the impact of such anticipated sales on the stability of the region that includes such country; “(4) an estimate with regard to the international volume of arms traffic to and from nations purchasing arms as set forth in paragraphs (1) and (2) of this subsection, together with best estimates of the sale and delivery of weapons and weapons-related defense equipment by all major arms suppliers to all major recipient countries during the preceding fiscal year; “(5) an estimate of the aggregate dollar value and quantity of defense articles and defense services, military education and training, grant military assistance, and credits and guarantees, to be furnished by the United States to each foreign country and international organization in the next fiscal year; “(6) an analysis and description of the services performed during the preceding fiscal year by officers and employees of the United States Government carrying out functions on a full-time basis under this Act for which reimbursement is provided under 22 USC 2792, 2761. section 43(b) or section 21(a) of this Act, including the number of personnel involved in performing such services; “(7) the total amount of funds in the reserve under section 24(c) at the end of the fiscal year immediately preceding the fiscal year in which a report under this section is made, together with an assessment of the adequacy of such total amount of funds as a reserve for the payment of claims under guarantees issued pursuant to section 24 in view of the current debt servicing capacity of borrowing countries, as reported to the Congress pursuant to section 634(a)(5) of the Foreign Assistance Act of 22 USC 2394. 1961; “(8) a list of all countries with respect to which findings made 22 USC 2753. by the President pursuant to section 3(a)(1) of this Act are in effect on the date of such transmission; “(9) the progress made under the program of the Republic of Korea to modernize its armed forces, the role of the United States in mutual security efforts in the Republic of Korea and the military balance between the People’s Republic of Korea and the Republic of Korea; “(10) the amount and nature of Soviet military assistance to the armed forces of Cuba during the preceding fiscal year and the military capabilities of those armed forces; “(11) the status of each loan and each contract of guaranty or insurance theretofore made under the Foreign Assistance Act of 22 USC 2151 note. 1961, predecessor Acts, or any Act authorizing international security assistance, with respect to which there remains outstanding any unpaid obligation or potential liability; the status of each extension of credit for the procurement of defense articles or defense services, and of each contract of guaranty in connection with any such procurement, theretofore made under the 22 USC 2751 note. Arms Export Control Act with respect to which there remains outstanding any unpaid obligation or potential liability; and “(12) such other information as the President may deem necessary. “(b) Not later than thirty days following the receipt of a request Submittal of information to Congress. made by the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives for additional information with respect to any information submitted pursuant to subsection (a), the President shall submit such information to such committee. “(c) The President shall make every effort to submit all of the information required by subsection (a) or (b) wholly in unclassified form. Whenever the President submits any such information in classified form, he shall submit such classified information in an addendum and shall also submit simultaneously a detailed summary, in unclassified form, of such classified information.”.

  21. Pub. L. 97–113 title VII § 732 · 95 Stat. 1519

    Changed · 22 U.S.C. § 2765(e)

    Pub. L. 97–113 incorporated, in subsec. (a) introductory text and subsec. (a)(4), provisions of former subsec. (e) which had required transmission to Congress on or before Nov. 15 of each year executive estimates of international arms traffic, including estimates on an annual basis of the sale and delivery of weapons and weapons-related defense equipment by all major arms suppliers to all major recipient countries during the preceding three years

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 97–113 incorporated, in subsec. (a) introductory text and subsec. (a)(4), provisions of former subsec. (e) which had required transmission to Congress on or before Nov. 15 of each year executive estimates of international arms traffic, including estimates on an annual basis of the sale and delivery of weapons and weapons-related defense equipment by all major arms suppliers to all major recipient countries during the preceding three years.

    Enacted provision · exact public law section
    Sec. 732. consolidated reports: arms export control act Section 25 of the Arms Export Control Act is amended to 22 USC 2765. read as follows: “Sec. 25. Annual Estimate and Justification for Sales Program.— (a) No later than February 1 of each year, the President shall transmit to the Congress, as a part of the annual presentation materials for security assistance programs proposed for the next fiscal year, a report which sets forth— “(1) an arms sales proposal covering all sales and licensed commercial exports under this Act of major weapons or weapons-related defense equipment for $7,000,000 or more, or of any other weapons or weapons-related defense equipment for $25,000,000 or more, which are considered eligible for approval during the current calendar year, together with an indication of which sales and licensed commercial exports are deemed most likely actually to result in the issuance of a letter of offer or of an export license during such year; “(2) an estimate of the total amount of sales and licensed commercial exports expected to be made to each foreign nation from the United States; “(3) the United States national security considerations involved in expected sales or licensed commercial exports to each country, an analysis of the relationship between anticipated sales to each country and arms control efforts concerning such country and an analysis of the impact of such anticipated sales on the stability of the region that includes such country; “(4) an estimate with regard to the international volume of arms traffic to and from nations purchasing arms as set forth in paragraphs (1) and (2) of this subsection, together with best estimates of the sale and delivery of weapons and weapons-related defense equipment by all major arms suppliers to all major recipient countries during the preceding fiscal year; “(5) an estimate of the aggregate dollar value and quantity of defense articles and defense services, military education and training, grant military assistance, and credits and guarantees, to be furnished by the United States to each foreign country and international organization in the next fiscal year; “(6) an analysis and description of the services performed during the preceding fiscal year by officers and employees of the United States Government carrying out functions on a full-time basis under this Act for which reimbursement is provided under 22 USC 2792, 2761. section 43(b) or section 21(a) of this Act, including the number of personnel involved in performing such services; “(7) the total amount of funds in the reserve under section 24(c) at the end of the fiscal year immediately preceding the fiscal year in which a report under this section is made, together with an assessment of the adequacy of such total amount of funds as a reserve for the payment of claims under guarantees issued pursuant to section 24 in view of the current debt servicing capacity of borrowing countries, as reported to the Congress pursuant to section 634(a)(5) of the Foreign Assistance Act of 22 USC 2394. 1961; “(8) a list of all countries with respect to which findings made 22 USC 2753. by the President pursuant to section 3(a)(1) of this Act are in effect on the date of such transmission; “(9) the progress made under the program of the Republic of Korea to modernize its armed forces, the role of the United States in mutual security efforts in the Republic of Korea and the military balance between the People’s Republic of Korea and the Republic of Korea; “(10) the amount and nature of Soviet military assistance to the armed forces of Cuba during the preceding fiscal year and the military capabilities of those armed forces; “(11) the status of each loan and each contract of guaranty or insurance theretofore made under the Foreign Assistance Act of 22 USC 2151 note. 1961, predecessor Acts, or any Act authorizing international security assistance, with respect to which there remains outstanding any unpaid obligation or potential liability; the status of each extension of credit for the procurement of defense articles or defense services, and of each contract of guaranty in connection with any such procurement, theretofore made under the 22 USC 2751 note. Arms Export Control Act with respect to which there remains outstanding any unpaid obligation or potential liability; and “(12) such other information as the President may deem necessary. “(b) Not later than thirty days following the receipt of a request Submittal of information to Congress. made by the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives for additional information with respect to any information submitted pursuant to subsection (a), the President shall submit such information to such committee. “(c) The President shall make every effort to submit all of the information required by subsection (a) or (b) wholly in unclassified form. Whenever the President submits any such information in classified form, he shall submit such classified information in an addendum and shall also submit simultaneously a detailed summary, in unclassified form, of such classified information.”.

  22. International Security and Development Cooperation Act of 1985

    Pub. L. 99–83 § 113(1) · 99 Stat. 190

    Substituted · 22 U.S.C. § 2765(a)

    Pub. L. 99–83, § 113(1), substituted “Except as provided in subsection (d) of this section, no” for “No”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 99–83, § 113(1), substituted “Except as provided in subsection (d) of this section, no” for “No”.

    Enacted provision · exact public law section
    (1) in subsection (a) by striking out “No later than February 1” and inserting in lieu thereof “Except as provided in subsection (d) of this section, no later than February 1”; and

    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.

  23. International Security and Development Cooperation Act of 1985

    Pub. L. 99–83 § 112(a) · 99 Stat. 190

    1. Amended · 22 U.S.C. § 2765(a)(5)

      Pub. L. 99–83, § 112(a), designated existing provisions as subpar. (A)

    2. Added · 22 U.S.C. § 2765(a)(5)

      Pub. L. 99–83, § 112(a), added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 99–83, § 112(a), designated existing provisions as subpar. (A) and added subpar. (B).

    Enacted provision · exact public law section
    (a) Annual Reports.— Section 25 of the Arms Export Control Act is amended in paragraph (5) of subsection (a)— (1) by inserting “(A)” immediately after “(5)”; (2) by adding “and” after the semicolon at the end of paragraph; and (3) by adding at the end of the paragraph the following new subparagraph: “(B) for each country that is proposed to be furnished credits or guaranties under this Act in the next fiscal year and that has been approved for cash flow financing (as defined in subsection (d) of this section) in excess of $100,000,000 as of October 1 of the current fiscal year— “(i) the amount of such approved cash flow financing, “(ii) a description of administrative ceilings and controls applied, and “(iii) a description of the financial resources otherwise available to such country to pay such approved cash flow financing;”.

    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.

  24. International Security and Development Cooperation Act of 1985

    Pub. L. 99–83 § 112(b) · 99 Stat. 190

    Added · 22 U.S.C. § 2765(d)

    Pub. L. 99–83, § 112(b), added subsec. (d) defining “cash flow financing”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 99–83, § 112(b), added subsec. (d) defining “cash flow financing”.

    Enacted provision · exact public law section
    (b) Definition of Cash Flow Financing.— Such section is amended by adding at the end thereof the following new subsection: “(d) For the purposes of subsection (a)(5)(b) of this section, the term ‘cash flow financing’ means the dollar amount of the difference between the total estimated price of a Letter of Offer and Acceptance or other purchase agreement that has been approved for financing under this Act or under section 503(a)(3) of the Foreign Post, p. 205. Assistance Act of 1961 and the amount of the financing that has been approved therefor;”.

    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.

  25. International Security and Development Cooperation Act of 1985

    Pub. L. 99–83 § 113(2) · 99 Stat. 190

    Added · 22 U.S.C. § 2765(d)

    Pub. L. 99–83, § 113(2), added subsec. (d) relating to transmittal of information to Congress

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–83, § 113(2), added subsec. (d) relating to transmittal of information to Congress.

    Enacted provision · exact public law section
    (2) by adding at the end thereof the following new subsection: “(d) The information required by subsection (a)(4) of this section shall be transmitted to the Congress no later than April 1 of each year.”.

    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.

  26. Pub. L. 104–164 title I § 102(d) · 110 Stat. 1421

    1. Added · 22 U.S.C. § 2765(a)(12); 22 U.S.C. § 2765(a)(13)

      Pub. L. 104–164 added par. (12)

    2. Redesignated · 22 U.S.C. § 2765(a)(12); 22 U.S.C. § 2765(a)(13)

      Pub. L. 104–164 redesignated former par. (12) as (13)

    Source evidence

    Code amendment note
    Subsec. (a)(12), (13). Pub. L. 104–164 added par. (12) and redesignated former par. (12) as (13).

    Enacted provision · exact public law section
    (d) Annual Estimate and Justification for Sales Program.— Section 25(a) of such Act (22 U.S.C. 2765(a)) is amended— (1) by striking the “and” at the end of paragraph (11); (2) by redesignating paragraph (12) as paragraph (13); and (3) by inserting after paragraph (11) the following: “(12) (A) a detailed accounting of all articles, services, credits, guarantees, or any other form of assistance furnished by the United States to each country and international organization, including payments to the United Nations, during the preceding fiscal year for the detection and clearance of landmines, including activities relating to the furnishing of education, training, and technical assistance for the detection and clearance of landmines; and “(B) for each provision of law making funds available or authorizing appropriations for demining activities described in subparagraph (A), an analysis and description of the objectives and activities undertaken during the preceding fiscal year, including the number of personnel involved in performing such activities; and”.

  27. Child Survival and Disease Programs Fund

    Pub. L. 105–118 § 519(1) · 111 Stat. 2386

    Substituted · 22 U.S.C. § 2765(a)

    Pub. L. 105–118, § 519(1), substituted “appropriate congressional committees” for “Congress” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–118, § 519(1), substituted “appropriate congressional committees” for “Congress” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “Congress” and inserting in lieu thereof “appropriate congressional committees”;

  28. Child Survival and Disease Programs Fund

    Pub. L. 105–118 § 519(2) · 111 Stat. 2386

    Substituted · 22 U.S.C. § 2765(b)

    Pub. L. 105–118, § 519(2), substituted “any of the congressional committees described in subsection (e)” for “the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–118, § 519(2), substituted “any of the congressional committees described in subsection (e)” for “the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives”.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking “the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives” and inserting in lieu thereof “any of the congressional committees described in subsection (e)”; and

  29. Child Survival and Disease Programs Fund

    Pub. L. 105–118 § 519(3) · 111 Stat. 2386

    Added · 22 U.S.C. § 2765(e)

    Pub. L. 105–118, § 519(3), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–118, § 519(3), added subsec. (e).

    Enacted provision · exact public law section
    (3) by adding the following subsection: “(e) As used in this section, the term ‘appropriate congressional committees’ means the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives.”.

  30. Security Assistance Act of 2002

    Pub. L. 107–228 div. B title XII § 1232 · 116 Stat. 1350

    1. Added · 22 U.S.C. § 2765(a)(13); 22 U.S.C. § 2765(a)(14)

      Pub. L. 107–228 added par. (13)

    2. Redesignated · 22 U.S.C. § 2765(a)(13); 22 U.S.C. § 2765(a)(14)

      Pub. L. 107–228 redesignated former par. (13) as (14)

    Source evidence

    Code amendment note
    Subsec. (a)(13), (14). Pub. L. 107–228 added par. (13) and redesignated former par. (13) as (14).

    Enacted provision · exact public law section
    SEC. 1232. ANNUAL LISTING OF POSSIBLE EXCESS DEFENSE ARTICLES. Section 25(a) of the Arms Export Control Act (22 U.S.C. 2765(a)) is amended— (1) by striking “and” at the end of paragraph (12)(B); (2) by redesignating paragraph (13) as paragraph (14); and (3) by inserting after paragraph (12) the following: “(3) a list of weapons systems that are significant military equipment (as defined in section 47(9) of this Act), and numbers thereof, that are believed likely to become available for transfer as excess defense articles during the next 12 months; and”.

  31. Defense Trade Cooperation Treaties Implementation Act of 2010

    Pub. L. 111–266 § 104(c)(1) · 124 Stat. 2797

    Inserted · 22 U.S.C. § 2765(a)(1)

    Pub. L. 111–266, § 104(c)(1), inserted “, as well as exports pursuant to a treaty referred to in section 2778(j)(1)(C)(i) of this title,” after “commercial exports under this chapter”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 111–266, § 104(c)(1), inserted “, as well as exports pursuant to a treaty referred to in section 2778(j)(1)(C)(i) of this title,” after “commercial exports under this chapter”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by inserting “, as well as exports pursuant to a treaty referred to in section 38(j)(1)(C)(i) of this Act,” after “commercial exports under this Act”; and

  32. Defense Trade Cooperation Treaties Implementation Act of 2010

    Pub. L. 111–266 § 104(c)(2) · 124 Stat. 2797

    Inserted · 22 U.S.C. § 2765(a)(2)

    Pub. L. 111–266, § 104(c)(2), inserted “, as well as exports pursuant to a treaty referred to in section 2778(j)(1)(C)(i) of this title,” after “commercial exports”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 111–266, § 104(c)(2), inserted “, as well as exports pursuant to a treaty referred to in section 2778(j)(1)(C)(i) of this title,” after “commercial exports”.

    Enacted provision · exact public law section
    (2) in paragraph (2), by inserting “, as well as exports pursuant to a treaty referred to in section 38(j)(1)(C)(i) of this Act,” after “commercial exports”.

  33. Pub. L. 113–276 title II § 208(a)(3) · 128 Stat. 2989

    Substituted · 22 U.S.C. § 2765(e)

    Pub. L. 113–276 substituted “Foreign Affairs” for “International Relations”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 113–276 substituted “Foreign Affairs” for “International Relations”.

    Enacted provision · exact public law section
    (3) in sections 25(e), 38(f)(2), 38(j)(3), and 38(j)(4)(B), 22 USC 2765, 2778. by striking “International Relations” each place it appears and inserting “Foreign Affairs”;

40 of 41 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

Subsection (d) of this section, referred to in subsec. (a), preceding par. (1), probably means the subsec. (d) added by section 113(2) of Pub. L. 99–83, relating to transmittal of information to Congress.

This chapter, referred to in subsecs. (a)(1), (5)(B), (6) and (d), was in the original “this Act”, and this chapter, referred to in subsec. (a)(11), was in the original “the Arms Export Control Act”, both of which mean 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.

Subsection (d) of this section, referred to in subsec. (a)(5)(B), probably means the subsec. (d) added by section 112(b) of Pub. L. 99–83, defining cash flow financing.

The Foreign Assistance Act of 1961, referred to in subsec. (a)(11), is Pub. L. 87–195, , 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.

Amendments1978–2014 · 10 rounds

2014

Subsec. (e). Pub. L. 113–276 substituted “Foreign Affairs” for “International Relations”.

2010

Subsec. (a)(1). Pub. L. 111–266, § 104(c)(1), inserted “, as well as exports pursuant to a treaty referred to in section 2778(j)(1)(C)(i) of this title,” after “commercial exports under this chapter”.

Subsec. (a)(2). Pub. L. 111–266, § 104(c)(2), inserted “, as well as exports pursuant to a treaty referred to in section 2778(j)(1)(C)(i) of this title,” after “commercial exports”.

2002

Subsec. (a)(13), (14). Pub. L. 107–228 added par. (13) and redesignated former par. (13) as (14).

1997

Subsec. (a). Pub. L. 105–118, § 519(1), substituted “appropriate congressional committees” for “Congress” in introductory provisions.

Subsec. (b). Pub. L. 105–118, § 519(2), substituted “any of the congressional committees described in subsection (e)” for “the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives”.

Subsec. (e). Pub. L. 105–118, § 519(3), added subsec. (e).

1996

Subsec. (a)(12), (13). Pub. L. 104–164 added par. (12) and redesignated former par. (12) as (13).

1985

Subsec. (a). Pub. L. 99–83, § 113(1), substituted “Except as provided in subsection (d) of this section, no” for “No”.

Subsec. (a)(5). Pub. L. 99–83, § 112(a), designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (d). Pub. L. 99–83, § 112(b), added subsec. (d) defining “cash flow financing”.

Pub. L. 99–83, § 113(2), added subsec. (d) relating to transmittal of information to Congress.

1981

Subsec. (a). Pub. L. 97–113, in provision preceding par. (1), required transmission of the report no later than Feb. 1 of each year and substituted provision for annual presentation materials for programs proposed for next fiscal year for provision for presentation materials for programs proposed for each fiscal year.

Subsec. (a)(1). Pub. L. 97–113 added par. (1) which incorporated provisions of former subsec. (d)(1) of this section. See subsec. (d) amendment note. Former par. (1) covered in par. (3).

Subsec. (a)(2). Pub. L. 97–113 added par. (2). Former par. (2), which required the report to contain an estimate of amount of credits and guaranties expected to be extended to each country under sections 2763 and 2764 of this title, covered in par. (5).

Subsec. (a)(3). Pub. L. 97–113 added par. (3) which incorporated provisions of former par. (1) requiring the report to contain an estimate of amounts of expected sales to each country under sections 2761 and 2762 of this title, including detailed explanations of foreign policy and United States national security considerations in expected sales to each country, and (5) requiring inclusion of an arms control impact statement for each purchasing country, covering (A) an analysis of the relationship between expected sales to each country and arms control efforts relating to that country, and (B) the impact of such expected sales on the stability of the region that included the purchasing country. Former par. (3) redesignated (7).

Subsec. (a)(4). Pub. L. 97–113 added par. (4) which incorporated provisions of former subsec. (e), which had required executive estimates of international arms traffic, including estimates on an annual basis of the sale and delivery of weapons and weapons-related defense equipment by all major arms suppliers to all major recipient countries during the preceding three years. Former par. (4) covered in par. (8).

Subsec. (a)(5). Pub. L. 97–113 added par. (5) which incorporated provisions of former par. (2) requiring the report to contain an estimate of amount of credits and guaranties expected to be extended to each country under sections 2763 and 2764 of this title. Former par. (5) covered in par. (3).

Subsec. (a)(6). Pub. L. 97–113 added par. (6).

Subsec. (a)(7). Pub. L. 97–113 redesignated former par. (3) as (7).

Subsec. (a)(8). Pub. L. 97–113 added par. (8), which incorporated provisions of former par. (4), requiring the report to contain a list of all findings in effect on date of its transmission made by the President pursuant to section 2753(a)(1) of this title, together with a full and complete justification for each finding, explaining how sales to each country with respect to which findings were made would strengthen the security of the United States and promote world peace.

Subsecs. (a)(9) to (12). Pub. L. 97–113 added pars. (9) to (12).

Subsec. (b). Pub. L. 97–113 substituted “Committee on Foreign Affairs” for “Committee on International Relations”, and “with respect to any information” for “with respect to any estimate”.

Subsec. (c). Pub. L. 97–113 substituted “Whenever the President” for “In the event the President”.

Subsec. (d). Pub. L. 97–113 incorporated in subsec. (a) introductory text and subsec. (a)(1), provisions of former subsec. (d)(1) which had required transmission to the Speaker of the House and the chairman of the Senate Foreign Relations Committee the Arms Sales Proposal covering sales and licensed commercials exports under this chapter (other than such transactions to members of North Atlantic Treaty Organization, Japan, Australia, and New Zealand) of major weapons or weapons-related defense equipment for $7,000,000 or more, or of any other weapons or similar equipment for $25,000,000 or more, which were eligible for approval during fiscal year beginning October 1 of such year and had required identification in the reports of sales and licensed commercial exports deemed most likely actually to result in issuance of a letter of offer or of an export license during such fiscal year, and subsec. (d)(2) which had required Presidential six month written notifications of Congress of any change in the Arms Sales Proposal for such fiscal year, together with reasons therefor.

Subsec. (e). Pub. L. 97–113 incorporated, in subsec. (a) introductory text and subsec. (a)(4), provisions of former subsec. (e) which had required transmission to Congress on or before Nov. 15 of each year executive estimates of international arms traffic, including estimates on an annual basis of the sale and delivery of weapons and weapons-related defense equipment by all major arms suppliers to all major recipient countries during the preceding three years.

1980

Subsec. (a)(3) to (5). Pub. L. 96–533, § 104(c), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.

Subsec. (d)(1). Pub. L. 96–533, § 107(d), included coverage of licensed commercial exports and substituted “letter of offer or of an export license” for “letter of offer”.

1979

Subsec. (d). Pub. L. 96–92, § 13(1)–(4), designated existing provision as par. (1), substituted “major weapons or weapons-related defense equipment” for “major defense equipment” and “weapons or weapons-related defense equipment” for “defense articles or defense services”, required identification of sales likely to result in issuance of a letter of offer in the furnished reports, and added par. (2).

Subsec. (e). Pub. L. 96–92, § 14, added subsec. (e).

1978

Subsec. (c). Pub. L. 95–384, § 18(b), substituted “subsection (a) or (b)” for “this section”.

Subsec. (d). Pub. L. 95–384, § 18(a), added subsec. (d).

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.

Executive Documents

Delegation of Functions

For delegation of functions of the President under this section, with certain conditions, see section 1(g) of Ex. Ord. No. 13637, , 78 F.R. 16129, set out as a note under section 2751 of this title. Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under section 2751 of this title and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637.

Credits

1976–2014 · 11 acts
  1. 1976Pub. L. 90–629, ch. 2, § 25, as added Pub. L. 94–329, title II, § 209(a), , 90 Stat. 739
  2. 1978amended Pub. L. 95–384, § 18, , 92 Stat. 740
  3. 1979Pub. L. 96–92, §§ 13, 14, , 93 Stat. 706
  4. 1980Pub. L. 96–533, title I, §§ 104(c), 107(d), , 94 Stat. 3133, 3137
  5. 1981Pub. L. 97–113, title VII, § 732, , 95 Stat. 1557
  6. 1985Pub. L. 99–83, title I, §§ 112, 113, , 99 Stat. 198
  7. 1996Pub. L. 104–164, title I, § 102(d), , 110 Stat. 1423
  8. 1997Pub. L. 105–118, title V, § 519, , 111 Stat. 2411
  9. 2002Pub. L. 107–228, div. B, title XII, § 1232, , 116 Stat. 1433
  10. 2010Pub. L. 111–266, title I, § 104(c), , 124 Stat. 2799
  11. 2014Pub. L. 113–276, title II, § 208(a)(3), , 128 Stat. 2993.
Show as published

(Pub. L. 90–629, ch. 2, § 25, as added Pub. L. 94–329, title II, § 209(a), , 90 Stat. 739; amended Pub. L. 95–384, § 18, , 92 Stat. 740; Pub. L. 96–92, §§ 13, 14, , 93 Stat. 706; Pub. L. 96–533, title I, §§ 104(c), 107(d), , 94 Stat. 3133, 3137; Pub. L. 97–113, title VII, § 732, , 95 Stat. 1557; Pub. L. 99–83, title I, §§ 112, 113, , 99 Stat. 198; Pub. L. 104–164, title I, § 102(d), , 110 Stat. 1423; Pub. L. 105–118, title V, § 519, , 111 Stat. 2411; Pub. L. 107–228, div. B, title XII, § 1232, , 116 Stat. 1433; Pub. L. 111–266, title I, § 104(c), , 124 Stat. 2799; Pub. L. 113–276, title II, § 208(a)(3), , 128 Stat. 2993.)

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