22 U.S.C. § 2799b: Authorities

Summary

The President can give certain heavy weapons from U.S. stocks to NATO/CFE countries under NATO plans. The weapons must be battle tanks, armored combat vehicles, or artillery that the CFE Treaty covers. They must have been in Defense Department stocks on the treaty’s signature date and located in the treaty area. The President must decide they are not needed by U.S. forces there. The transfers may be made at no cost to the receiving country. The United States may accept help from NATO or any NATO/CFE country — for example inspection, repair, transport, or funds — to avoid direct transfer costs or to meet treaty destruction duties. For some laws, these transfers count as sales under sections 2753(a)(2), (a)(3), (c), and (d). The President must ensure the transfers, along with others, keep the Eastern Mediterranean military balance (section 2373). The authority lasts 40 months after the CFE Treaty enters into force, except for transfers with notification submitted before that time under section 2799c(a).

Title 22, §2799b

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)General authority

The President may transfer to any NATO/CFE country, in accordance with NATO plans, defense articles—

(1)that are battle tanks, armoured combat vehicles, or artillery included within the CFE Treaty’s definition of “conventional armaments and equipment limited by the Treaty”;

(2)that were, as of the date of signature of the CFE Treaty, in the stocks of the Department of Defense and located in the CFE Treaty’s area of application; and

(3)that the President determines are not needed by United States military forces within the CFE Treaty’s area of application.

(b)Acceptance of NATO assistance in eliminating direct costs of transfers

In order to eliminate direct costs of facilitating transfers of defense articles under subsection (a), the United States may utilize services provided by NATO or any NATO/CFE country, including inspection, repair, or transportation services with respect to defense articles so transferred.

(c)Acceptance of NATO assistance in meeting certain United States obligations

In order to facilitate United States compliance with the CFE Treaty-mandated obligations for destruction of conventional armaments and equipment limited by the CFE Treaty, the United States may utilize services or funds provided by NATO or any NATO/CFE country.

(d)Authority to transfer on grant basis

Defense articles may be transferred under subsection (a) without cost to the recipient country.

(e)Third country transfers restrictions

For purposes of section 2753(a)(2), 2753(a)(3), 2753(c), and 2753(d) of this title, defense articles transferred under subsection (a) shall be deemed to have been sold under this chapter.

(f)Maintenance of military balance in Eastern Mediterranean

The President shall ensure that transfers by the United States under subsection (a), taken together with transfers by other NATO/CFE countries in implementing the CFE Treaty, are of such valuations so as to be consistent with the United States policy, embodied in section 2373 of this title, of maintaining the military balance in the Eastern Mediterranean.

(g)Expiration of authority

(1)In general

Except as provided in paragraph (2), the authority of subsection (a) expires at the end of the 40-month period beginning on the date on which the CFE Treaty enters into force.

(2)Transition rule

Paragraph (1) does not apply with respect to a transfer of defense articles for which notification under section 2799c(a) of this title is submitted before the end of the period described in that paragraph.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (e), was in the original “this Act”, meaning Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

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

Executive Documents

Delegation of Functions Memorandum of President of the United States, Feb. 13, 1992, 57 F.R. 6663, provided: Memorandum for the Secretary of State and the Secretary of Defense By virtue of the authority vested in me by the Constitution and laws of the United States of America, including section 301 of title 3 of the United States Code, I hereby delegate to the Secretary of Defense the functions vested in me by section 93(a) and section 94 of the Arms Export Control Act, as amended (the “Act”) [22 U.S.C. 2799b(a), 2799c], and to the Secretary of State the functions vested in me by section 93(f) of the Act. Consistent with section 2 of the Act [22 U.S.C. 2752], transfers of defense articles under section 93(a) shall be subject to the policy direction of the Secretary of State, including the determination of whether such transfers shall occur. The Secretary of State is authorized and directed to publish this memorandum in the Federal Register. George Bush.

§2799b Authorities