Title 22Foreign Relations and IntercourseRelease 119-73

§2321k Designation of major non-NATO allies

Title 22 › Chapter CHAPTER 32— - FOREIGN ASSISTANCE › Subchapter SUBCHAPTER II— - MILITARY ASSISTANCE AND SALES › Part Part II— - Military Assistance › § 2321k

Last updated Apr 6, 2026|Official source

Summary

The President must notify Congress in writing at least 30 days before adding or removing a country's "major non‑NATO ally" status under this law and the Arms Export Control Act. Australia, Egypt, Israel, Japan, Republic of Korea, and New Zealand are already treated as designated as of this section's effective date and need no notice.

Full Legal Text

Title 22, §2321k

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)The President shall notify the Congress in writing at least 30 days before—
(1)designating a country as a major non-NATO ally for purposes of this chapter and the Arms Export Control Act (22 U.S.C. 2751 et seq.); or
(2)terminating such a designation.
(b)Australia, Egypt, Israel, Japan, the Republic of Korea, and New Zealand shall be deemed to have been so designated by the President as of the effective date of this section, and the President is not required to notify the Congress of such designation of those countries.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a)(1), was in the original “this Act”, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see

Short Title

note set out under section 2151 of this title and Tables. The Arms Export Control Act, referred to in subsec. (a)(1), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 2751 of this title and Tables. The

Effective Date

of this section, referred to in subsec. (b), is July 21, 1996, the date of enactment of Pub. L. 104–164, which enacted this section.

Prior Provisions

A prior section 2321k, Pub. L. 87–195, pt. II, § 517, as added Pub. L. 101–231, § 5, Dec. 13, 1989, 103 Stat. 1957; amended Pub. L. 101–623, § 15, Nov. 21, 1990, 104 Stat. 3357; Pub. L. 102–583, § 9(a), Nov. 2, 1992, 106 Stat. 4934; Pub. L. 103–236, title VII, § 731(b), Apr. 30, 1994, 108 Stat. 502, related to modernization of counternarcotics capabilities of certain Latin America and Caribbean countries, prior to repeal by Pub. L. 104–164, title I, § 104(b)(2)(B), July 21, 1996, 110 Stat. 1427.

Statutory Notes and Related Subsidiaries

Treatment of Taiwan Relating to Transfers of Defense Articles and Defense Services Pub. L. 107–228, div. B, title XII, § 1206, Sept. 30, 2002, 116 Stat. 1428, provided that: “Notwithstanding any other provision of law, for purposes of the transfer or possible transfer of defense articles or defense services under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or any other provision of law, Taiwan shall be treated as though it were designated a major non-NATO ally (as defined in section 644(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(q))[)].” [For definitions of “defense article” and “defense service” as used in section 1206 of Pub. L. 107–228, set out above, see section 1002 of Pub. L. 107–228, set out as a note under section 2151 of this title.]

Executive Documents

Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. Presidential Determinations Relating to Designations of Countries as Major Non-NATO Allies The following Presidential Determinations related to the designation or termination of the countries listed as major non-NATO allies of the United States for purposes of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and the Arms Export Control Act (22 U.S.C. 2751 et seq.): Afghanistan.—Determination No. 2012–11, dated
July 6, 2012, released
July 7, 2012, not published in Federal Register. Terminated by Determination No. 2022–24, Sept. 23, 2022, 87 F.R. 60057. Argentina.—Determination No. 98–9, Jan. 6, 1998, 63 F.R. 3635. Bahrain.—Determination No. 2002–10, Mar. 14, 2002, 67 F.R. 13247. Brazil.—Determination No. 2019–21,
July 31, 2019, 84 F.R. 43035. Colombia.—Determination No. 2022–14,
May 23, 2022, 87 F.R. 32943. Jordan.—Determination No. 97–4, Nov. 12, 1996, 61 F.R. 59809. Kenya.—Determination No. 2024–05,
June 24, 2024, 89 F.R. 57055. Kuwait.—Determination No. 2004–21, Jan. 15, 2004, 69 F.R. 4843. Morocco.—Determination No. 2004–35,
June 3, 2004, 69 F.R. 34049. Pakistan.—Determination No. 2004–37,
June 16, 2004, 69 F.R. 38797. Philippines.—Determination No. 2004–02, Oct. 6, 2003, 68 F.R. 59855. Qatar.—Determination No. 2022–10, Mar. 10, 2022, 87 F.R. 15025. Thailand.—Determination No. 2004–16, Dec. 30, 2003, 69 F.R. 2053. Tunisia.—Determination No. 2015–09,
July 10, 2015, 80 F.R. 43613.

Reference

Citations & Metadata

Citation

22 U.S.C. § 2321k

Title 22Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73