§361 — Title 10 Armed Forces | U.S. Code

§361 Prohibition on providing financial assistance to terrorist countries

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART I— - ORGANIZATION AND GENERAL MILITARY POWERS › Chapter CHAPTER 16— - SECURITY COOPERATION › Subchapter SUBCHAPTER VI— - LIMITATIONS ON USE OF DEPARTMENT OF DEFENSE FUNDS › § 361

Last updated Apr 6, 2026|Official source

Summary

The Department of Defense cannot spend money to give financial help to certain countries. That includes countries the Secretary of State has listed under the Export Administration Act, countries named in the most recent report to Congress as providing significant support for international terrorism, and any country the President finds gives safe haven to terrorists or otherwise supports international terrorism. The President can waive the ban for national security or humanitarian reasons. The President must notify the Senate Armed Services Committee, the Senate Foreign Relations Committee, the House Armed Services Committee, and the House International Relations Committee at least 15 days before the waiver starts and must publish the waiver in the Federal Register. International terrorism — defined in section 140(d) of the Foreign Relations Authorization Act (22 U.S.C. 2656f(d)).

Title 10, §361

Armed Forces — Source: USLM XML via OLRC

(a)Funds available to the Department of Defense may not be obligated or expended to provide financial assistance to—

(1)any country with respect to which the Secretary of State has made a determination under section 6(j)(1)(A) 11 See References in Text note below. of the Export Administration Act of 1979 (50 U.S.C. 4605(j)(1)(A));

(2)any country identified in the latest report submitted to Congress under section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), as providing significant support for international terrorism; or

(3)any other country that, as determined by the President—

(A)grants sanctuary from prosecution to any individual or group that has committed an act of international terrorism; or

(B)otherwise supports international terrorism.

(b)(1)The President may waive the application of subsection (a) to a country if the President determines—

(A)that it is in the national security interests of the United States to do so; or

(B)that the waiver should be granted for humanitarian reasons.

(2)The President shall—

(A)notify the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on International Relations of the House of Representatives at least 15 days before the waiver takes effect; and

(B)publish a notice of the waiver in the Federal Register.

(c)In this section, the term “international terrorism” has the meaning given that term in section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)).

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. 4605(j)(1)(A)), referred to in subsec. (a)(1), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. For similar provisions, see section 4813(c)(1)(A)(i) of Title 50, War and National Defense, as enacted by Pub. L. 115–232.

Amendments

2016—Pub. L. 114–328, § 1241(l)(1), renumbered section 2249a of this title as this section. Subsec. (a)(1). Pub. L. 114–328, § 1081(b)(3)(B), substituted “(50 U.S.C. 4605(j)(1)(A))” for “(50 U.S.C. App. 2405(j)(1)(A))”. 1999—Subsec. (b)(2)(A). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”. 1997—Subsec. (a)(1). Pub. L. 105–85 substituted “50 U.S.C. App. 2405(j)(1)(A)” for “50 App. 2405(j)”.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.