§2302 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Defense items and services must be given only for a few specific reasons: to protect a country internally (like fighting terrorism and stopping dangerous weapons), for real self-defense, so a country can take part in regional or joint actions that follow the U.N. Charter, to join U.N.-requested efforts to keep or restore peace, or to help friendly, less-developed countries build public works and support their economic and social development (including U.S. volunteers). Congress believes those foreign military forces should not be created just to do civic projects. Civic work must not reduce their ability to perform military missions and should be coordinated as part of the country’s broader development plans.

Title 22, §2302

Foreign Relations and Intercourse — Source: USLM XML via OLRC

Defense articles and defense services to any country shall be furnished solely for internal security (including for antiterrorism and nonproliferation purposes), for legitimate self-defense, to permit the recipient country to participate in regional or collective arrangements or measures consistent with the Charter of the United Nations, or otherwise to permit the recipient country to participate in collective measures requested by the United Nations for the purpose of maintaining or restoring international peace and security, or for the purpose of assisting foreign military forces in less developed friendly countries (or the voluntary efforts of personnel of the Armed Forces of the United States in such countries) to construct public works and to engage in other activities helpful to the economic and social development of such friendly countries. It is the sense of the Congress that such foreign military forces should not be maintained or established solely for civic action activities and that such civic action activities not significantly detract from the capability of the military forces to perform their military missions and be coordinated with and form part of the total economic and social development effort.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 2313 of this title.

Amendments

2000—Pub. L. 106–280 inserted “(including for antiterrorism and nonproliferation purposes)” after “internal security” in first sentence. 1967—Pub. L. 90–137 substituted “Defense articles and defense services” for “Military assistance”. 1965—Pub. L. 89–171 authorized military assistance to any country for the purpose of assisting foreign military forces in less developed friendly countries (or the voluntary efforts of personnel of the Armed Forces of the United States in such countries) to construct public works and to engage in other activities helpful to the economic and social development of such friendly countries, expressed the sense of Congress that such foreign military forces should not be maintained or established solely for civic action activities, and that such civic action activities should not significantly detract from the capability of the military forces to perform their military missions, and should be coordinated with and from part of the total economic and social development effort, and struck out prohibition against further assistance to Latin American countries, now incorporated in section 2319(c) of this title. 1963—Pub. L. 88–205 inserted proviso stopping further military assistance under this chapter to Latin American countries except to the extent necessary to fulfill prior commitments or to safeguard the security of the United States or of a country associated with the United States in the Alliance for Progress against the overthrow of a duly constituted government, now incorporated in section 2319(c) of this title.

Statutory Notes and Related Subsidiaries

Transfer to Republic of Korea of Defense Articles; Reimbursement for Transfer Pub. L. 91–652, § 3, Jan. 5, 1971, 84 Stat. 1942, authorized the President until

June 30, 1972, to transfer to the Republic of Korea such Armed Forces defense articles located in Korea on

July 1, 1970 as he determined appropriate and provided that no funds appropriated under Pub. L. 91–652 or this chapter were to be available for reimbursement to any Government agency for any such transfers of defense articles.

§2302 Utilization of Defense Articles and Defense Services