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Title 22 — Foreign Relations and Intercourse

Chapter 39 — Arms Export Control

§ 2775. Foreign military sales to less developed countries

Statutory text

(a)

When the President finds that any economically less developed country is diverting development assistance furnished pursuant to the Foreign Assistance Act of 1961, as amended [22 U.S.C. 2151 et seq.], or sales under the Food for Peace Act, as amended [7 U.S.C. 1691 et seq.], to military expenditures, or is diverting its own resources to unnecessary military expenditures, to a degree which materially interferes with its development, such country shall be immediately ineligible for further sales and guarantees under sections 2761, 2762, 2763, and 2764 of this title, until the President is assured that such diversion will no longer take place.

(b)

Repealed. Pub. L. 93–559, § 45(a)(5), , 88 Stat. 1814.

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. § 2775

    Pub. L. 90–629, ch. 3, § 35, Oct. 22, 1968, 82 Stat. 1325

    Source evidence

    Code source credit
    Pub. L. 90–629, ch. 3, § 35, Oct. 22, 1968, 82 Stat. 1325

  2. Pub. L. 93–559 § 45(a)(5) · 88 Stat. 1795

    Repealed · 22 U.S.C. § 2775(b)

    Pub. L. 93–559 repealed subsec. (b) which provided for Presidential reports to Congress respecting sales and guaranties to less developed countries

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 93–559 repealed subsec. (b) which provided for Presidential reports to Congress respecting sales and guaranties to less developed countries.

    Enacted provision · exact public law section
    (5) Section 35(b) is repealed, and section 36 is amended by inserting Repeal. 22 USC 2775, 2776. Sale of defense articles or services, reports to Speaker of the House and congressional committee. before subsection (c) the following new subsections: “(a) The President shall submit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate quarterly reports containing— “(1) a llsting of all letters of offer to sell any defense articles or services under this Act, if such offer has not been accepted or canceled; “(2) a cumulative listing of all such letters of offer to sell that have been accepted during the fiscal year in which such report is submitted; “(3) the cumulative dollar amounts, by foreign country and international organization, of credit sales under section 23 and 22 USC 2763. guaranty agreements under section 24 made before the submission of such quarterly report and during the fiscal year in which such report is submitted; and “(4) projections of the cumulative dollar amounts, by foreign country and international organization, of credit sales under section 23 and guaranty agreements under section 24 to be made in the quarter of the fiscal year immediately following the quarter for which such report is submitted. For each letter of offer to sell under paragraphs (1) and (2), the report shall specify (A) the foreign country or international organization to which the defense article or service is offered, (B) the dollar amount of the offer to sell under paragraph (1) or of the completed sale under paragraph (2), (C) a brief description of the defense article or service offered, (D) the United States armed force which is making the offer to sell, (E) the date of such offer, and (F) the date of any acceptance under paragraph (2). “(b) In the case of any letter of offer to sell any defense articles or Presidential statement, submittal to Speaker of the House and congressional committee. services under this Act for $25,000,000 or more, before issuing such letter of offer the President shall submit to the Speaker of the House of Representatives and to the Chairman of the Committee on Foreign Relations of the Senate a statement with respect to such offer to sell containing the information specified in subparagraphs (A) through (E) in subsection (a). The letter of offer shall not be issued if the Congress, within twenty calendar days after receiving any such statement, adopts a concurrent resolution stating in effect that it objects to such proposed sale, unless the President in his statement certifies that an emergency exists which requires such sale in the national security interests of the United States.”

  3. Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 title III § 3001(b)(1)(A) · 122 Stat. 1651

    Substituted · 22 U.S.C. § 2775(a)

    Pub. L. 110–246 substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–246 substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”.

    Enacted provision · exact public law section
    (A) by striking “Agricultural Trade Development and Assistance Act of 1954” each place it appears and inserting “Food for Peace Act”; and

    Effective date note
    Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

2 of 3 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

The Foreign Assistance Act of 1961, as amended, referred to in subsec. (a), 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.

The Food for Peace Act, as amended, referred to in subsec. (a), is act July 10, 1954, ch. 469, 68 Stat. 454, which is classified principally to chapter 41 (§ 1691 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1691 of Title 7 and Tables.

Amendments1974–2008 · 2 rounds

2008

Subsec. (a). Pub. L. 110–246 substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”.

1974

Subsec. (b). Pub. L. 93–559 repealed subsec. (b) which provided for Presidential reports to Congress respecting sales and guaranties to less developed countries.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–246 effective , see section 4(b) of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

Effective Date

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

Executive Documents

Delegation of Functions

For delegation of functions of the President under subsec. (a) of this section, see section 1(i) of Ex. Ord. No. 13637, , 78 F.R. 16130, 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

1968–2008 · 3 acts
  1. 1968Pub. L. 90–629, ch. 3, § 35, , 82 Stat. 1325
  2. 1974Pub. L. 93–559, § 45(a)(5), , 88 Stat. 1814
  3. 2008Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(T), , 122 Stat. 1820, 1821.
Show as published

(Pub. L. 90–629, ch. 3, § 35, , 82 Stat. 1325; Pub. L. 93–559, § 45(a)(5), , 88 Stat. 1814; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(T), , 122 Stat. 1820, 1821.)

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