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

Summary

DoD money must not be used to give financial help to three kinds of countries: those the Secretary of State has listed under 50 U.S.C. 4605(j)(1)(A); those named in the latest report under 22 U.S.C. 2656f as providing significant support for international terrorism; and any country the President finds gives sanctuary to people who commit international terrorism or otherwise supports international terrorism. The President can waive the ban for national security or humanitarian reasons, but must tell the Senate Committees on Armed Services and Foreign Relations and the House Committees on Armed Services and International Relations at least 15 days before the waiver starts and must publish the waiver in the Federal Register. "International terrorism" has the meaning in 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.

§361 Prohibition on Providing Financial Assistance to Terrorist Countries