
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2370]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
          SUBCHAPTER III--GENERAL AND ADMINISTRATIVE PROVISIONS
 
                       Part I--General Provisions
 
Sec. 2370. Prohibitions against furnishing assistance


(a) Cuba; embargo on all trade

    (1) No assistance shall be furnished under this chapter to the 
present government of Cuba. As an additional means of implementing and 
carrying into effect the policy of the preceding sentence, the President 
is authorized to establish and maintain a total embargo upon all trade 
between the United States and Cuba.
    (2) Except as may be deemed necessary by the President in the 
interest of the United States, no assistance shall be furnished under 
this chapter to any government of Cuba, nor shall Cuba be entitled to 
receive any quota authorizing the importation of Cuban sugar into the 
United States or to receive any other benefit under any law of the 
United States, until the President determines that such government has 
taken appropriate steps according to international law standards to 
return to United States citizens, and to entities not less than 50 per 
centum beneficially owned by United States citizens, or to provide 
equitable compensation to such citizens and entities for property taken 
from such citizens and entities on or after January 1, 1959, by the 
Government of Cuba.

(b) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1), Dec. 29, 1981, 
        95 Stat. 1560

(c) Indebtedness of foreign country to United States citizen or person

    No assistance shall be provided under this chapter to the government 
of any country which is indebted to any United States citizen or person 
for goods or services furnished or ordered where (i) such citizen or 
person has exhausted available legal remedies, which shall include 
arbitration, or (ii) the debt is not denied or contested by such 
government, or (iii) such indebtedness arises under an unconditional 
guaranty of payment given by such government, or any predecessor 
government, directly or indirectly, through any controlled entity: 
Provided, That the President does not find such action contrary to the 
national security.

(d) Productive enterprises competing with United States enterprise; 
        conditions on assistance; import controls; waiver of restriction 
        by President

    No assistance shall be furnished on a loan basis under part I of 
subchapter I of this chapter for construction or operation of any 
productive enterprise in any country where such enterprise will compete 
with United States enterprise unless such country has agreed that it 
will establish appropriate procedures to prevent the exportation for use 
or consumption in the United States of more than twenty per centum of 
the annual production of such facility during the life of the loan. In 
case of failure to implement such agreement by the other contracting 
party, the President is authorized to establish necessary import 
controls to effectuate the agreement. The restrictions imposed by or 
pursuant to this subsection may be waived by the President where he 
determines that such waiver is in the national security interest.

(e) Nationalization, expropriation or seizure of property of United 
        States citizens, or taxation or other exaction having same 
        effect; failure to compensate or to provide relief from taxes, 
        exactions, or conditions; report on full value of property by 
        Foreign Claims Settlement Commission; act of state doctrine

    (1) The President shall suspend assistance to the government of any 
country to which assistance is provided under this chapter or any other 
Act when the government of such country or any government agency or 
subdivision within such country on or after January 1, 1962--
        (A) has nationalized or expropriated or seized ownership or 
    control of property owned by any United States citizen or by any 
    corporation, partnership, or association not less than 50 per centum 
    beneficially owned by United States citizens, or
        (B) has taken steps to repudiate or nullify existing contracts 
    or agreements with any United States citizen or any corporation, 
    partnership, or association not less than 50 per centum beneficially 
    owned by United States citizens, or
        (C) has imposed or enforced discriminatory taxes or other 
    exactions, or restrictive maintenance or operational conditions, or 
    has taken other actions, which have the effect of nationalizing, 
    expropriating, or otherwise seizing ownership or control of property 
    so owned,

and such country, government agency, or government subdivision fails 
within a reasonable time (not more than six months after such action, 
or, in the event of a referral to the Foreign Claims Settlement 
Commission of the United States within such period as provided herein, 
not more than twenty days after the report of the Commission is 
received) to take appropriate steps, which may include arbitration, to 
discharge its obligations under international law toward such citizen or 
entity, including speedy compensation for such property in convertible 
foreign exchange, equivalent to the full value thereof, as required by 
international law, or fails to take steps designed to provide relief 
from such taxes, exactions, or conditions, as the case may be; and such 
suspension shall continue until the President is satisfied that 
appropriate steps are being taken, and provisions of this subsection 
shall not be waived with respect to any country unless the President 
determines and certifies that such a waiver is important to the national 
interests of the United States. Such certification shall be reported 
immediately to Congress.
    Upon request of the President (within seventy days after such action 
referred to in subparagraphs (A), (B), or (C) of this paragraph, the 
Foreign Claims Settlement Commission of the United States (established 
pursuant to Reorganization Plan No. 1 of 1954, 68 Stat. 1279) is hereby 
authorized to evaluate expropriated property, determining the full value 
of any property nationalized, expropriated, or seized, or subjected to 
discriminatory or other actions as aforesaid, for purposes of this 
subsection and to render an advisory report to the President within 
ninety days after such request. Unless authorized by the President, the 
Commission shall not publish its advisory report except to the citizen 
or entity owning such property. There is hereby authorized to be 
appropriated such amount, to remain available until expended, as may be 
necessary from time to time to enable the Commission to carry out 
expeditiously its functions under this subsection.
    (2) Notwithstanding any other provision of law, no court in the 
United States shall decline on the ground of the federal act of state 
doctrine to make a determination on the merits giving effect to the 
principles of international law in a case in which a claim of title or 
other rights to property is asserted by any party including a foreign 
state (or a party claiming through such state) based upon (or traced 
through) a confiscation or other taking after January 1, 1959, by an act 
of that state in violation of the principles of international law, 
including the principles of compensation and the other standards set out 
in this subsection: Provided, That this subparagraph shall not be 
applicable (1) in any case in which an act of a foreign state is not 
contrary to international law or with respect to a claim of title or 
other right to property acquired pursuant to an irrevocable letter of 
credit of not more than 180 days duration issued in good faith prior to 
the time of the confiscation or other taking, or (2) in any case with 
respect to which the President determines that application of the act of 
state doctrine is required in that particular case by the foreign policy 
interests of the United States and a suggestion to this effect is filed 
on his behalf in that case with the court.

(f) Prohibition against assistance to Communist countries; conditions 
        for waiver of restriction by President; enumeration of Communist 
        countries; removal from application of provisions; preconditions

    (1) No assistance shall be furnished under this chapter, (except 
section 2174(b) of this title) to any Communist country. This 
restriction may not be waived pursuant to any authority contained in 
this chapter unless the President finds and promptly reports to Congress 
that: (A) such assistance is vital to the security of the United States; 
(B) the recipient country is not controlled by the international 
Communist conspiracy; and (C) such assistance will further promote the 
independence of the recipient country from international communism. For 
the purposes of this subsection, the phrase ``Communist country'' 
includes specifically, but is not limited to, the following countries:
        Democratic People's Republic of Korea,
        People's Republic of China,
        Republic of Cuba,
        Socialist Republic of Vietnam,
        Tibet,\1\
---------------------------------------------------------------------------
    \1\ So in original. The comma probably should be a period.

    (2) Notwithstanding the provisions of paragraph (1) of this 
subsection, the President may remove a country, for such period as the 
President determines, from the application of this subsection, and other 
provisions which reference this subsection, if the President determines 
and reports to the Congress that such action is important to the 
national interest of the United States. It is the sense of the Congress 
that when consideration is given to authorizing assistance to a country 
removed from the application of this subsection, one of the factors to 
be weighed, among others, is whether the country in question is giving 
evidence of fostering the establishment of a genuinely democratic 
system, with respect for internationally recognized human rights.

(g) Use of assistance funds to compensate owners for expropriated or 
        nationalized property; waiver for land reform programs

    Notwithstanding any other provision of law, no monetary assistance 
shall be made available under this chapter to any government or 
political subdivision or agency of such government which will be used to 
compensate owners for expropriated or nationalized property and, upon 
finding by the President that such assistance has been used by any 
government for such purpose, no further assistance under this chapter 
shall be furnished to such government until appropriate reimbursement is 
made to the United States for sums so diverted. This prohibition shall 
not apply to monetary assistance made available for use by a government 
(or a political subdivision or agency of a government) to compensate 
nationals of that country in accordance with a land reform program, if 
the President determines that monetary assistance for such land reform 
program will further the national interests of the United States.

(h) Regulations and procedures to insure aid is not used contrary to the 
        best interests of the United States

    The President shall adopt regulations and establish procedures to 
insure that United States foreign aid is not used in a manner which, 
contrary to the best interests of the United States, promotes or assists 
the foreign aid projects or activities of any country that is a 
Communist country for purposes of subsection (f) of this section.

(i) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1), Dec. 29, 1981, 
        95 Stat. 1560

(j) Damage or destruction by mob action of United States property; 
        termination of assistance

    The President shall consider terminating assistance under this 
chapter or any other Act to any country which permits, or fails to take 
adequate measures to prevent, the damage or destruction by mob action of 
United States property within such country, and fails to take 
appropriate measures to prevent a recurrence thereof and to provide 
adequate compensation for such damage or destruction.

(k) Maximum amount of assistance, including military assistance to 
        individual countries without approval of or presentation to 
        Congress

    Without the express approval of Congress, no assistance shall be 
furnished under this chapter to any country for construction of any 
productive enterprise with respect to which the aggregate value of 
assistance to be furnished by the United States will exceed 
$100,000,000, except that this sentence does not apply with respect to 
assistance for construction of any productive enterprise in Egypt which 
is described in the presentation materials to Congress. Except as 
otherwise provided in section 2318 of this title, no military assistance 
shall be furnished to any country under this chapter for carrying out 
any program, with respect to which the aggregate value of assistance to 
be furnished beginning July 1, 1966, by the United States will exceed 
$100,000,000 unless such program has been included in the presentation 
to the Congress during its consideration of authorizations for 
appropriations under this chapter or of appropriations pursuant to 
authorizations contained in this chapter. No provision of this chapter 
or any other Act shall be construed to authorize the President to waive 
the provisions of this subsection.

(l) Institution of investment guaranty program

    The President shall consider denying assistance under this chapter 
to the government of any less developed country which, after December 
31, 1966, has failed to enter into an agreement with the President to 
institute the investment guaranty program under section 2194(a)(1) of 
this title, providing protection against the specific risks of 
inconvertibility under subparagraph (A), and expropriation or 
confiscation under subparagraph (B), of such section 2194(a)(1).

(m) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1), Dec. 29, 1981, 
        95 Stat. 1560

(n) Repealed. Pub. L. 95-88, title I, Sec. 123(b), Aug. 3, 1977, 91 
        Stat. 541

(o) Exclusion from assistance of countries seizing or imposing penalties 
        or sanctions against United States fishing vessels

    In determining whether or not to furnish assistance under this 
chapter, consideration shall be given to excluding from such assistance 
any country which hereafter seizes, or imposes any penalty or sanction 
against, any United States fishing vessel on account of its fishing 
activities in international waters. The provisions of this subsection 
shall not be applicable in any case governed by international agreement 
to which the United States is a party.

(p) Repealed. Pub. L. 93-559, Sec. 44, Dec. 30, 1974, 88 Stat. 1813

(q) Defaults in principal or interest payments on loans; meeting 
        obligations under loans; notice to Congressional committees

    No assistance shall be furnished under this chapter to any country 
which is in default, during a period in excess of six calendar months, 
in payment to the United States of principal or interest on any loan 
made to such country under this chapter, unless such country meets its 
obligations under the loan or unless the President determines that 
assistance to such country is in the national interest and notifies the 
Speaker of the House of Representatives and the Committee on Foreign 
Relations of the Senate of such determination.

(r) Liability for repayment of principal or interest on loans 
        outstanding after September 19, 1966

    No recipient of a loan made under the authority of this chapter, any 
part of which is outstanding on or after September 19, 1966, shall be 
relieved of liability for the repayment of any part of the principal of 
or interest on such loan.

(s) Restraint of arms races and proliferation of sophisticated weapons

    (1) In order to restrain arms races and proliferation of 
sophisticated weapons, and to ensure that resources intended for 
economic development are not diverted to military purposes, the 
President shall take into account before furnishing development loans, 
Alliance loans or supporting assistance to any country under this 
chapter, and before making sales under the Agricultural Trade 
Development and Assistance Act of 1954, as amended [7 U.S.C. 1691 et 
seq.]:
        (A) the percentage of the recipient or purchasing country's 
    budget which is devoted to military purposes; and
        (B) the degree to which the recipient or purchasing country is 
    using its foreign exchange or other resources to acquire military 
    equipment.

    (2) Omitted.

(t) Diplomatic relations; severance, resumption, and negotiation of 
        agreements

    No assistance shall be furnished under this chapter or any other 
Act, and no sales shall be made under the Agricultural Trade Development 
and Assistance Act of 1954 [7 U.S.C. 1691 et seq.], in or to any country 
which has severed or hereafter severs diplomatic relations with the 
United States or with which the United States has severed or hereafter 
severs diplomatic relations, unless (1) diplomatic relations have been 
resumed with such country and (2) agreements for the furnishing of such 
assistance or the making of such sales, as the case may be, have been 
negotiated and entered into after the resumption of diplomatic relations 
with such country.

(u) Status of country with respect to obligations to the United Nations; 
        report to Congress

    In any decision to provide or continue to provide any program of 
assistance to any country under this chapter, there shall be taken into 
account the status of the country with respect to its dues, assessments, 
and other obligations to the United Nations; and where such country is 
delinquent with respect to any such obligations for the purposes of the 
first sentence of Article 19 of the United Nations Charter, the 
President shall furnish the Committee on Foreign Relations of the Senate 
and the Speaker of the House of Representatives a report setting forth 
the assurance given by the government of the country concerned of paying 
all of its arrearages and of placing its payments of such obligations on 
a current basis, or a full explanation of the unusual or exceptional 
circumstances which render it economically incapable of giving such 
assurance.

(v) Repealed. Pub. L. 93-559, Sec. 24, Dec. 30, 1974, 88 Stat. 1802

(w) Repealed. Pub. L. 95-424, title V, Sec. 502(d)(1), Oct. 6, 1978, 92 
        Stat. 959

(x) Omitted

(y) Limitation on assistance to countries aiding Cuba nuclear 
        development

    (1) Except as provided in paragraph (2), the President shall 
withhold from amounts made available under this chapter or any other Act 
and allocated for a country for a fiscal year an amount equal to the 
aggregate value of nuclear fuel and related assistance and credits 
provided by that country, or any entity of that country, to Cuba during 
the preceding fiscal year.
    (2) The requirement to withhold assistance for a country for a 
fiscal year under paragraph (1) shall not apply if Cuba--
        (A) has ratified the Treaty on the Non-Proliferation of Nuclear 
    Weapons (21 UST 483) or the Treaty of Tlatelelco, and Cuba is in 
    compliance with the requirements of either such Treaty;
        (B) has negotiated and is in compliance with full-scope 
    safeguards of the International Atomic Energy Agency not later than 
    two years after ratification by Cuba of such Treaty; and
        (C) incorporates and is in compliance with internationally 
    accepted nuclear safety standards.

    (3) The Secretary of State shall prepare and submit to the Congress 
each year a report containing a description of the amount of nuclear 
fuel and related assistance and credits provided by any country, or any 
entity of a country, to Cuba during the preceding year, including the 
terms of each transfer of such fuel, assistance, or credits.

(Pub. L. 87-195, pt. III, Sec. 620, Sept. 4, 1961, 75 Stat. 444; Pub. L. 
87-565, pt. III, Sec. 301(d), Aug. 1, 1962, 76 Stat. 260; Pub. L. 88-
205, pt. III, Sec. 301(e), Dec. 16, 1963, 77 Stat. 386; Pub. L. 88-633, 
pt. III, Sec. 301(d)-(g), Oct. 7, 1964, 78 Stat. 1013; Pub. L. 89-171, 
pt. III, Sec. 301(d), Sept. 6, 1965, 79 Stat. 659; Pub. L. 89-583, pt. 
III, Sec. 301(h), Sept. 19, 1966, 80 Stat. 805, 806; Pub. L. 90-137, pt. 
III, Sec. 301(f), Nov. 14, 1967, 81 Stat. 459; Pub. L. 90-554, pt. III, 
Sec. 301(c), Oct. 8, 1968, 82 Stat. 963; Pub. L. 91-175, pt. III, 
Sec. 303, Dec. 30, 1969, 83 Stat. 820; Pub. L. 92-226, pt. III, 
Sec. 301, Feb. 7, 1972, 86 Stat. 27; Pub. L. 93-189, Sec. 15, Dec. 17, 
1973, 87 Stat. 722; Pub. L. 93-559, Secs. 22-24, 44, Dec. 30, 1974, 88 
Stat. 1801, 1802, 1813; Pub. L. 94-104, Sec. 2(c)(1), (2), Oct. 6, 1975, 
89 Stat. 509; Pub. L. 94-329, title IV, Sec. 403, title VI, Sec. 606, 
June 30, 1976, 90 Stat. 757, 768; Pub. L. 95-88, title I, Sec. 123(a), 
(b), Aug. 3, 1977, 91 Stat. 541; Pub. L. 95-92, Sec. 22(d), Aug. 4, 
1977, 91 Stat. 624; Pub. L. 95-384, Sec. 13(a), Sept. 26, 1978, 92 Stat. 
737; Pub. L. 95-424, title I, Secs. 102(g)(2)(F), 115(k), title V, 
Sec. 502(d)(1), Oct. 6, 1978, 92 Stat. 943, 952, 959; Pub. L. 96-533, 
title II, Sec. 203, Dec. 16, 1980, 94 Stat. 3145; Pub. L. 97-113, title 
VII, Secs. 702, 707, 734(a)(1), (13), (b), Dec. 29, 1981, 95 Stat. 1544, 
1546, 1560; Pub. L. 99-83, title XII, Secs. 1202, 1203, Aug. 8, 1985, 99 
Stat. 276, 277; Pub. L. 102-511, title IX, Sec. 901, Oct. 24, 1992, 106 
Stat. 3355; Pub. L. 103-199, title VII, Sec. 705(3), Dec. 17, 1993, 107 
Stat. 2328; Pub. L. 103-306, title V, Sec. 573, Aug. 23, 1994, 108 Stat. 
1653; Pub. L. 105-277, div. G, subdiv. B, title XXVIII, Sec. 2810(a), 
Oct. 21, 1998, 112 Stat. 2681-850.)

                          Amendment of Section

        Pub. L. 104-114, title II, Sec. 204(d)(1), (2), Mar. 12, 1996, 
    110 Stat. 810, provided that on date on which President submits 
    determination under section 6063(c)(3) of this title that 
    democratically elected government in Cuba is in power, this section 
    is amended by repealing subsec. (a) and by striking out ``Republic 
    of Cuba'' in subsec. (f).

                       References in Text

    This chapter, referred to in subsecs. (a), (c), (e), (f)(1), (g), 
(j) to (l), (o), (q) to (t), (u), and (y), was in the original ``this 
Act'', except in subsec. (u), where it was ``the Foreign Assistance Act 
of 1961'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as 
amended. For complete classification of this Act to the Code, see Short 
Title note set out under section 2151 of this title and Tables.
    Reorganization Plan No. 1 of 1954, 68 Stat. 1279, referred to in 
subsec. (e)(1), is set out in the Appendix to Title 5, Government 
Organization and Employees.
    The Agricultural Trade Development and Assistance Act of 1954, as 
amended, referred to in subsecs. (s)(1) and (t), is act July 10, 1954, 
ch. 469, 68 Stat. 454, which is classified principally to chapter 41 
(Sec. 1691 et seq.) of Title 7, Agriculture. For complete classification 
of this Act to the Code, see Short Title note set out under section 1691 
of Title 7 and Tables.


           References to Part I Deemed To Include Section 2293

    References to part I of subchapter I of this chapter are deemed to 
include a reference to section 2293 of this title. See section 
2293(d)(1) of this title.

                          Codification

    Subsec. (s)(2) of this section, which required the President to 
report annually to the Speaker of the House of Representatives and the 
Committee on Foreign Relations of the Senate on actions taken to carry 
out this provision, terminated, effective May 15, 2000, pursuant to 
section 3003 of Pub. L. 104-66, as amended, set out as a note under 
section 1113 of Title 31, Money and Finance. See, also, page 26 of House 
Document No. 103-7.
    Subsec. (x) was omitted pursuant to Pub. L. 95-384, Sec. 13(a), 
Sept. 26, 1978, 92 Stat. 737, which provided that subsec. (x) be of no 
further force and effect upon the President's determination and 
certification of certain conditions precedent which was made by 
Presidential Memorandum dated Sept. 26, 1978. See notes set out below.


                               Amendments

    1998--Subsec. (y). Pub. L. 105-277 added subsec. (y).
    1994--Subsec. (f)(1). Pub. L. 103-306, which directed the amendment 
of par. (1) by striking out from the list of countries ``Mongolian 
People's Republic.'', was executed by striking out ``Mongolian People's 
Republic,'' to reflect the probable intent of Congress.
    1993--Subsec. (h). Pub. L. 103-199 substituted ``any country that is 
a Communist country for purposes of subsection (f) of this section'' for 
``the Communist-bloc countries''.
    1992--Subsec. (f)(1). Pub. L. 102-511, which directed the amendment 
of par. (1) by striking out from the list of countries ``Czechoslovak 
Socialist Republic.'', ``Estonia.'', ``German Democratic Republic.'', 
``Hungarian People's Republic.'', ``Latvia.'', ``Lithuania.'', 
``People's Republic of Albania.'', ``People's Republic of Bulgaria.'', 
``Polish People's Republic.'', ``Socialist Federal Republic of 
Yugoslavia.'', ``Socialist Republic of Romania.'', and ``Union of Soviet 
Socialist Republics (including its captive constituent republics).'', 
was executed by striking out those countries and the comma which 
followed each country in the original and not a period as shown in the 
directory language.
    1985--Subsec. (f). Pub. L. 99-83, Sec. 1202, designated existing 
provisions as par. (1) and redesignated cls. (1), (2), and (3) as (A), 
(B), and (C), respectively, and added par. (2).
    Subsec. (g). Pub. L. 99-83, Sec. 1203, inserted provisions relating 
to waiver of prohibitions in cases of land reform programs.
    1981--Subsec. (b). Pub. L. 97-113, Sec. 734(a)(1), struck out 
subsec. (b) which prohibited aid to countries unless the President 
determined that they were not dominated by the international Communist 
movement. See subsec. (f) of this section.
    Subsec. (f). Pub. L. 97-113, Sec. 707, substituted ``includes 
specifically, but is not limited to'' for ``shall include specifically, 
but not be limited to'', repeated in a different sequence the list of 
countries included within the phrase ``Communist country'', and 
substituted ``Democratic People's Republic of Korea'' for ``North Korean 
Peoples Republic'', ``German Democratic Republic'' for ``German 
Democratic Republic (East Germany)'', ``Mongolian People's Republic'' 
for ``Outer Mongolia-Mongolian Peoples Republic'', ``Republic of Cuba'' 
for ``Cuba'', ``Socialist Federal Republic of Yugoslavia'' for ``Federal 
Peoples Republic of Yugoslavia'', ``Socialist Republic of Romania'' for 
``Rumanian Peoples Republic'', and ``Socialist Republic of Vietnam'' for 
``North Vietnam''.
    Subsec. (i). Pub. L. 97-113, Sec. 734(a)(1), struck out subsec. (i) 
which prohibited aid to countries determined by the President to be 
engaging in or prepared for aggressive military efforts, insurrection, 
or subversion against the United States or any country receiving United 
States aid.
    Subsec. (k). Pub. L. 97-113, Sec. 702, struck out ``for fiscal year 
1977, fiscal year 1980, or fiscal year 1981'' after ``presentation 
materials to Congress''.
    Subsec. (m). Pub. L. 97-113, Sec. 734(a)(1), struck out subsec. (m) 
which prohibited grant assistance, except for International Military 
Education and Training, to any economically developed nation capable of 
sustaining its own defense burden and economic growth.
    Subsec. (s)(1). Pub. L. 97-113, Sec. 734(b), substituted in subpar. 
(B) ``foreign exchange or other resources'' for ``foreign exchange 
resources'' and struck out subpar. (C), which directed the President to 
take into account the amount spent by the recipient or purchasing 
country for the purchase of sophisticated weapons systems, such as 
missile systems and jet aircraft for military purposes, from any 
country.
    1980--Subsec. (k). Pub. L. 96-533 exempted from express 
Congressional approval productive enterprises in Egypt described in the 
presentation to Congress for fiscal years 1980 and 1981.
    1978--Subsec. (d). Pub. L. 95-424, Sec. 102(g)(2)(F), substituted 
``on a loan basis under part I of subchapter I of this chapter'' for 
``under section 2161 of this title''.
    Subsec. (l). Pub. L. 95-424, Sec. 115(k), substituted ``2194(a)(1)'' 
for ``2181(b)(1)'' in two places.
    Subsec. (w). Pub. L. 95-424, Sec. 502(d)(1), struck out subsec. (w) 
relating to suspension and future resumption of military, economic, 
etc., assistance to the Government of Pakistan.
    1977--Subsec. (a)(1). Pub. L. 95-88, Sec. 123(a)(1), struck out 
provision that no assistance be furnished to any country which furnished 
assistance to the government of Cuba unless the President determined 
that assistance to the supplying country was in the national interest of 
the United States.
    Subsec. (a)(3). Pub. L. 95-88, Sec. 123(a)(2), struck out par. (3) 
which had directed that no funds be used to furnish assistance to 
countries which had not taken steps to prevent ships or aircraft of 
their registry from transporting equipment, materials, or commodities to 
Cuba.
    Subsec. (n). Pub. L. 95-88, Sec. 123(b), struck out subsec. (n) 
which had prohibited the giving of aid to countries that sold or 
furnished to North Vietnam, or permitted their ships or aircraft to 
carry to or from North Vietnam, equipment, materials, or commodities, 
unless the President determined that the giving of aid was in the 
national interest.
    Subsec. (x)(1). Pub. L. 95-92 substituted ``1978'' for ``1976, the 
period beginning July 1, 1976, and ending September 30, 1976, and the 
fiscal year 1977,'' and provisions authorizing $175,000,000 during the 
fiscal year 1978 for Turkey as the total value of defense articles and 
services sold to such country, for provisions authorizing $125,000,000 
during the fiscal year 1976, and the period beginning July 1, 1976, and 
ending Sept. 30, 1976, and $125,000,000 during the fiscal year 1977 for 
Turkey as the total value of defense articles and services sold to such 
country.
    1976--Subsec. (k). Pub. L. 94-329, Sec. 606, inserted provision 
exempting from the condition of express approval of Congress any 
productive enterprise in Egypt which is described in the presentation to 
Congress for fiscal year 1977.
    Subsec. (x)(1). Pub. L. 94-329, Sec. 403, further modified existing 
restrictions on assistance to Turkey by allowing the procurement under 
specified conditions of $125 million in defense articles and defense 
services by Turkey, provided that the President determines that such 
articles and services are necessary to enable Turkey to fulfill her 
defense responsibilities as a member of the North Atlantic Treaty 
Organization.
    1975--Subsec. (x). Pub. L. 94-104 redesignated existing provisions 
as par. (1), substituted provisions authorizing the President to suspend 
the provisions of this section and of section 2753(c) of this title with 
respect to sales, credits, and guaranties under the Foreign Military 
Sales Act, for the procurement of defense articles and services 
certified by the President to be necessary to enable Turkey to fulfill 
her defense responsibilities as a member of NATO and that such 
suspension shall be effective only while Turkey observes the cease-fire 
and neither increases its forces on Cyprus nor transfers to Cyprus any 
United States supplied arms, ammunition, and implements of war for 
provisions authorizing the President to suspend the provisions of this 
section and certain other Acts if he determined that such suspension 
would further negotiations for a peaceful solution of the Cyprus 
conflict and that such suspension shall be effective only until Feb. 5, 
1975, and if, during that time, Turkey observed cease-fire and neither 
increased its forces on Cyprus nor transferred to Cyprus any United 
States supplied implements of war, and added par. (2).
    1974--Subsec. (n). Pub. L. 93-559, Sec. 23, authorized assistance 
when determined by the President to be in the national interest of the 
United States.
    Subsec. (p). Pub. L. 93-559, Sec. 44, repealed subsec. (p) relating 
to assistance to United Arab Republic if essential to national interest 
of United States, and without any aid to aggressive actions by the 
United Arab Republic, and reports to Congressional committees.
    Subsec. (v). Pub. L. 93-559, Sec. 24, repealed subsec. (v) relating 
to prohibition against assistance to Greece, waiver of the restriction 
by the President, report to Congress, and fiscal year limitation of 
assistance made available to Greece.
    Subsec. (x). Pub. L. 93-559, Sec. 22, added subsec. (x).
    1973--Subsec. (e)(1). Pub. L. 93-189 substituted ``the provisions of 
this subsection shall not be waived with respect to any country unless 
the President determines and certifies that such a waiver is important 
to the national interest of the United States. Such certification shall 
be reported immediately to Congress'', for ``no other provision of this 
chapter shall be so construed to authorize the President to waive the 
provisions of this subsection''.
    1972--Subsecs. (v), (w). Pub. L. 92-226 added subsecs. (v) and (w).
    1969--Subsec. (s). Pub. L. 91-175, Sec. 303(a), struck out provision 
empowering President to terminate assistance when he finds it is being 
diverted to military expenditures, continued provision requiring 
President to take military expenditures into account when furnishing 
assistance under this chapter and under the Agricultural Trade 
Development and Assistance Act of 1954, as amended, inserted provision 
requiring President to take into account amount spent by recipient on 
sophisticated weapons systems, and inserted provision requiring 
President to report annually to the Speaker of the House of 
Representatives and the Committee on Foreign Relations of the Senate his 
actions in carrying out this section.
    Subsec. (v). Pub. L. 91-175, Sec. 303(b), repealed subsec. (v) 
covering the withholding of assistance to countries with expenditures 
for weapons systems. See subsec. (s) of this section.
    1968--Subsec. (v). Pub. L. 90-554, added subsec. (v).
    1967--Subsec. (j). Pub. L. 90-137, Sec. 301(f)(1), substituted 
provisions for termination of assistance to countries because of damage 
or destruction by mob action of United States property (incorporated 
from former penultimate paragraph of section 2151 of this title) for 
former provisions for assistance to Indonesia if essential to national 
interests of United States and reports thereof to Congress.
    Subsec. (k). Pub. L. 90-137, Sec. 301(f)(2), substituted ``506'' for 
``510'', classified to the Code as section 2318 of this title.
    Subsec. (n). Pub. L. 90-137, Sec. 301(f)(3), restated the 
prohibition against assistance to define the kind of assistance meant, 
that is, loans, credits, guarantees, or grants or other assistance, to 
extend the prohibition to assistance under any other Act and to sales 
under the Agricultural Trade Development and Assistance Act of 1954, and 
to eliminate specific reference to such items of transportation as items 
of economic assistance, and war materials, such as arms, ammunition and 
implements of war, atomic energy materials, petroleum, transportation 
materials of strategic value, and items of primary strategic 
significance used in production of arms, ammunition, and implements of 
war.
    Subsecs. (s) to (u). Pub. L. 90-137, Sec. 301(f)(4), added subsecs. 
(s) to (u).
    1966--Subsec. (i). Pub. L. 89-583, Sec. 301(h)(1), provided for 
denial of assistance to any country which hereafter is officially 
represented at any international conference when that representation 
includes planning of activities involving insurrection or subversion, 
which military efforts, insurrection, or subversion are directed as 
described in the subsec., for Executive determination that such 
representation has ceased and for report to Congress that such 
representation will not be renewed or repeated.
    Subsec. (k). Pub. L. 89-583, Sec. 301(h)(2), made permanent the 
temporary (calendar year 1965) prohibition against the initiation of 
projects exceeding $100,000,000 without the express approval of Congress 
and included military assistance amounting in the aggregate to more than 
$100,000,000.
    Subsec. (l). Pub. L. 89-583, Sec. 301(h)(3), substituted ``The 
President shall consider denying assistance under this chapter to the 
government of any less developed country which, after December 31, 
1966,'' for ``No assistance shall be provided under this chapter after 
December 31, 1966, to the government of any less developed country 
which''.
    Subsec. (n). Pub. L. 89-583, Sec. 301(h)(4), substituted ``no 
assistance shall be furnished'' and ``September 19, 1966'' for ``the 
President shall consider denying assistance'' and ``September 6, 1965'', 
respectively.
    Subsecs. (p) to (r). Pub. L. 89-583, Sec. 301(h)(5), added subsecs. 
(p) to (r).
    1965--Subsec. (e)(2). Pub. L. 89-171, Sec. 301(d)(2), substituted 
``other right to property'' for ``other right'' in two places and 
deleted cl. (3) which made this subparagraph inapplicable in any case in 
which the proceedings are commenced after Jan. 1, 1966.
    Subsec. (l). Pub. L. 89-171, Sec. 301(d)(3), substituted ``December 
31, 1966'' for ``December 31, 1965''.
    Subsecs. (n), (o). Pub. L. 89-171, Sec. 301(d)(4), added subsecs. 
(n) and (o).
    1964--Subsec. (e). Pub. L. 88-633, Sec. 301(d), designated existing 
provisions as par. (1), redesignated subpars. (1) to (3) thereof as 
subpars. (A) to (C), substituted therein ``subparagraphs (A), (B), or 
(C) of this paragraph'' for ``paragraphs (1), (2), or (3) of this 
subsection'', and added par. (2).
    Subsec. (f). Pub. L. 88-633, Sec. 301(e), inserted ``(including its 
captive constituent republics)'' after ``Union of Soviet Socialist 
Republics''.
    Subsec. (k). Pub. L. 88-633, Sec. 301(f), substituted ``1965'' for 
``1964'' in two places.
    Subsec. (m). Pub. L. 88-633, Sec. 301(g), substituted ``during each 
fiscal year'' for ``during fiscal year 1964'' and ``$500,000'' for 
``$1,000,000''.
    1963--Subsec. (a). Pub. L. 88-205, Sec. 301(e)(1), designated 
existing provisions as par. (1) and added pars. (2) and (3).
    Subsec. (e). Pub. L. 88-205, Sec. 301(e)(2), empowered the President 
to suspend assistance provided under any other act as well as under this 
chapter, inserted references to the repudiation or nullification of 
existing contracts or agreements with U.S. citizens or corporations, 
partnerships or associations not less than 50 percent beneficially owned 
by U.S. citizens, substituted ``in the event of a referral to the 
Foreign Claims Settlement Commission of the United States within such 
period as provided herein, not more than twenty days after the report of 
the Commission is received'' for ``after August 1, 1962, whichever is 
later'', required compensation for property to be ``equivalent to the 
full value thereof'', and authorized the Foreign Claims Settlement 
Commission to determine the full value of property nationalized, 
expropriated, or seized upon the President's request, and to render an 
advisory report to him thereon.
    Subsecs. (i) to (m). Pub. L. 88-205, Sec. 301(e)(3), added subsecs. 
(i) to (m).
    1962--Subsec. (a). Pub. L. 87-565, Sec. 301(d)(1), prohibited 
assistance to any country which furnishes assistance to the present 
government of Cuba unless the President determines that such assistance 
is in the national interest of the United States.
    Subsec. (c). Pub. L. 87-565, Sec. 301(d)(2), extended the 
prohibition against providing assistance to cases where the goods or 
services have been ordered, and where the indebtedness arises under an 
unconditional guaranty of payment, provided the President does not find 
such action contrary to the national security, and inserted ``which 
shall include arbitration'' after ``exhausted available legal 
remedies''.
    Subsecs. (e) to (h). Pub. L. 87-565, Sec. 301(d)(3), added subsecs. 
(e) to (h).


                    Effective Date of 1998 Amendment

    Pub. L. 105-277, div. G, subdiv. B, title XXVIII, Sec. 2810(b), Oct. 
21, 1998, 112 Stat. 2681-851, provided that: ``Section 620(y) of the 
Foreign Assistance Act of 1961 [22 U.S.C. 2370(y)], as added by 
subsection (a), shall apply with respect to assistance provided in 
fiscal years beginning on or after the date of the enactment of this Act 
[Oct. 21, 1998].''


                    Effective Date of 1985 Amendment

    Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301 
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section 605 
of Pub. L. 95-424, set out as a note under section 2151 of this title.


                    Effective Date of 1975 Amendment

    Section 2(c)(5) of Pub. L. 94-104 provided that: ``This subsection 
[amending this section] shall become effective only upon enactment of 
foreign assistance legislation authorizing sales, credits, and 
guaranties under the Foreign Military Sales Act [section 2751 et seq. of 
this title] for fiscal year 1976.''


                                 Repeals

    Pub. L. 95-92, Sec. 22(d), Aug. 4, 1977, 91 Stat. 624, cited as a 
credit to this section, was repealed by Pub. L. 97-113, title VII, 
Sec. 734(a)(13), Dec. 29, 1981, 95 Stat. 1560.

                         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.


                    Assistance and Sales to Argentina

    Pub. L. 97-113, title VII, Sec. 725(b), (c), Dec. 29, 1981, 95 Stat. 
1553, related to the provision of assistance and credits, loan 
guarantees, defense articles and services, export licenses, etc., by 
United States to Argentina, prior to repeal by Pub. L. 101-162, title V, 
Nov. 21, 1989, 103 Stat. 1030.


 Limitations on Assistance, Sales, Credits, and Export Licenses to Chile

    Section 726(b), (c) of Pub. L. 97-113, as amended by Pub. L. 99-83, 
title VII, Sec. 715, Aug. 8, 1985, 99 Stat. 247; Pub. L. 101-513, title 
V, Sec. 544(b), Nov. 5, 1990, 104 Stat. 2019, provided that:
    ``(b) Notwithstanding any other provision of law--
        ``(1) no assistance may be furnished under chapter 2, 4, 5, or 6 
    of part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2311 et 
    seq., 2346 et seq., 2347 et seq., 2348 et seq.] to Chile;
        ``(2) no sale of defense articles or services may be made under 
    the Arms Export Control Act [22 U.S.C. 2751 et seq.] to Chile;
        ``(3) no credits (including participation in credits) may be 
    extended and no loan may be guaranteed under the Arms Export Control 
    Act [22 U.S.C. 2751 et seq.] with respect to Chile; and
        ``(4) no export licenses may be issued under section 38 of the 
    Arms Export Control Act [22 U.S.C. 2778] to or for the Government of 
    Chile;
unless and until the President submits to the Speaker of the House of 
Representatives and the chairman of the Committee on Foreign Relations 
of the Senate a detailed report certifying--
        ``(A) that the Government of Chile has made significant progress 
    in complying with internationally recognized principles of human 
    rights;
        ``(B) that the provision of such assistance, articles or 
    services is in the national interest of the United States; and
        ``(C) that the Government of Chile is not aiding or abetting 
    international terrorism and has taken appropriate steps to cooperate 
    to bring to justice by all legal means available in the United 
    States or Chile those indicted by a United States grand jury in 
    connection with the murders of Orlando Letelier and Ronni Moffitt.
    ``(c) The prohibition contained in subsection (b) does not prohibit 
the sale, or the licensing for export, of cartridge actuated devices, 
propellant actuated devices, components, parts, tools, technical 
manuals, time compliance to technical orders (TCTOs), or TCTO retrofits 
for aircraft of the F-5E/F, A/T-37, or C-130E/H type owned by the 
Chilean Air Force, so long as the items are provided only for purposes 
of enhancing the safety of the aircraft crew.''
    Section 406 of Pub. L. 94-329, as amended by Pub. L. 95-384, 
Secs. 10(b)(5), 12(c)(5), Sept. 26, 1978, 92 Stat. 735, 737, set forth 
limitations with respect to assistance, sales and credit for Chile, 
prior to repeal by Pub. L. 97-113, title VII, Sec. 726(a), Dec. 29, 
1981, 95 Stat. 1554.
    Section 25 of Pub. L. 93-559 provided that notwithstanding any other 
provision of law, the total amount of assistance that was to be made 
available for Chile under this chapter, and the Foreign Military Sales 
Act, section 2751 et seq. of this title, during fiscal year 1975, was 
not to exceed $25,000,000, none of which was to be made available for 
the purpose of providing military assistance (including security 
supporting assistance, sales, credit sales, or guaranties or the 
furnishing by any means of excess defense articles or items from 
stockpiles of the Department of Defense), prior to repeal by Pub. L. 97-
113, title VII, Sec. 734(a)(8), Dec. 29, 1981, 95 Stat. 1560.


                       Assistance for El Salvador

    Pub. L. 101-513, title V, Sec. 531, Nov. 5, 1990, 104 Stat. 2009, as 
amended by Pub. L. 103-236, title I, Sec. 139(22), Apr. 30, 1994, 108 
Stat. 399, provided that:
    ``(a) Statement of Policy.--United States military assistance to the 
Government of El Salvador shall seek three principal foreign policy 
objectives, as follows: (1) to promote a permanent settlement and cease-
fire to the conflict in El Salvador, with the Secretary General of the 
United Nations serving as an active mediator between the opposing 
parties; (2) to foster greater respect for basic human rights, and the 
rule of law; and (3) to advance political accommodation and national 
reconciliation.
    ``(b) Maximum Level of Military Assistance.--Of the funds available 
for United States military assistance for fiscal year 1991, not more 
than $85,000,000 shall be made available for El Salvador.
    ``(c) Prohibition of Military Assistance.--(1) Prohibition.--Subject 
to paragraph (2), no United States military assistance may be furnished 
to the Government of El Salvador if the President determines and reports 
in writing to the Congress that--
        ``(A) after he has consulted with the Secretary General of the 
    United Nations, the Government of El Salvador has declined to 
    participate in good faith in negotiations for a permanent settlement 
    and cease-fire to the armed conflict of El Salvador;
        ``(B) the Government of El Salvador has rejected or otherwise 
    failed to support an active role for the Secretary General of the 
    United Nations in mediating that settlement;
        ``(C) the Government of El Salvador has rejected a plan for the 
    settlement of the conflict which--
            ``(i) has been put forward by the Secretary General of the 
        United Nations in accordance with the terms and procedures in 
        the April 4, 1990 Geneva Communique and the May 21, 1990 Caracas 
        Accord between the Government of El Salvador and the FMLN;
            ``(ii) includes a proposal for an internationally monitored 
        cease-fire; and
            ``(iii) has been accepted, within 15 days from its 
        announcement, by the FMLN and is being complied with by the 
        FMLN;
        ``(D) the Government of El Salvador has failed to conduct a 
    thorough and professional investigation into, and prosecution of 
    those responsible for the eight murders at the University of Central 
    America on November 16, 1989; or
        ``(E) the military and security forces of El Salvador are 
    assassinating or abducting civilian noncombatants, are engaging in 
    other acts of violence directed at civilian targets, or are failing 
    to control such activities by elements subject to the control of 
    those forces; or
        ``(F) the Government of El Salvador has failed to actively seek 
    and encourage a law enforcement service from outside El Salvador, 
    such as Scotland Yard or INTERPOL, to accompany and monitor 
    investigators of the Government of El Salvador in their 
    investigation into the eight murders at the University of Central 
    America on November 16, 1989.
    ``(2) Requirement for resumption of assistance.--Assistance 
prohibited under paragraph (1) may only be resumed pursuant to a law 
subsequently enacted by the Congress.
    ``(d) Withholding of Military Assistance.--(1) In General.--Fifty 
per centum of the total United States military assistance allocated for 
El Salvador for fiscal year 1991 shall be withheld from obligation or 
expenditure (as the case may be) except as provided in paragraphs (2) 
and (3).
    ``(2) Release of Assistance.--The United States military assistance 
withheld pursuant to paragraph (1) may be obligated and expended only if 
the President determines and reports in writing to the Congress that--
        ``(A) after he has consulted with the Secretary General of the 
    United Nations, the representatives of the FMLN--
            ``(i) have declined to participate in good faith in 
        negotiations for a permanent settlement and cease-fire to the 
        armed conflict in El Salvador, or
            ``(ii) have rejected or otherwise failed to support an 
        active role for the Secretary General of the United Nations in 
        mediating that settlement;
        ``(B) the FMLN has rejected a plan for the settlement of the 
    conflict which--
            ``(i) has been put forward by the Secretary General of the 
        United Nations in accordance with the terms and procedures in 
        the April 4, 1990 Geneva Communique and the May 21, 1990 Caracas 
        Accord between the Government of El Salvador and the FMLN;
            ``(ii) includes a proposal for an internationally monitored 
        cease-fire; and
            ``(iii) has been accepted, within 15 days from its 
        announcement, by the Government of El Salvador and is being 
        complied with by the Government of El Salvador;
        ``(C) the survival of the constitutional Government of El 
    Salvador is being jeopardized by substantial and sustained offensive 
    military actions or operations by the FMLN;
        ``(D) proof exists that the FMLN is continuing to acquire or 
    receive significant shipments of lethal military assistance from 
    outside El Salvador, and this proof has been shared with the 
    Congress; or
        ``(E) the FMLN is assassinating or abducting civilian 
    noncombatants, is engaging in other acts of violence directed at 
    civilian targets, or is failing to control such activities by 
    elements subject to FMLN control.
    ``(3) Exception.--Notwithstanding any other provision of law, funds 
withheld pursuant to paragraph (1) of this subsection may be disbursed 
to pay the cost of any contract penalties which may be incurred as a 
result of such withholding of funds under this subsection.
    ``(e) Condition for Termination of All United States Assistance.--
(1) Prohibition.--Subject to paragraph (2), no United States assistance 
may be furnished to El Salvador if the duly-elected head of Government 
of El Salvador is deposed by military coup or decree.
    ``(2) Requirement for Resumption of Assistance.--Assistance 
prohibited under paragraph (1) may only be resumed pursuant to a law 
subsequently enacted by the Congress.
    ``(f) Establishment of a Fund for Cease-Fire Monitoring, 
Demobilization, and Transition to Peace.--(1) Establishment of Fund.--
There is hereby established in the Treasury of the United States a fund 
to assist with the costs of monitoring a permanent settlement of the 
conflict, including a cease-fire, and the demobilization of combatants 
in the conflict in El Salvador, and their transition to peaceful 
pursuits, which shall be known as the `Demobilization and Transition 
Fund' (hereafter in this section referred to as the `Fund'). Amounts in 
this Fund shall be available for obligation and expenditure only upon 
notification by the President to the Congress that the Government of El 
Salvador and representatives of the FMLN have reached a permanent 
settlement of the conflict, including a final agreement on a cease-fire.
    ``(2) Transfer of Certain Military Assistance Funds.--Upon 
notification of the Congress of a permanent settlement of the conflict, 
including an agreement on a cease-fire, or on September 30, 1991, if no 
such notification has occurred prior to that date, the President shall 
transfer to the Fund any United States military assistance funds 
withheld pursuant to subsection (d) of this section.
    ``(3) Use of the Fund.--Notwithstanding any other provision of law, 
amounts in the Fund shall be available for El Salvador solely to support 
costs of demobilization, retraining, relocation, and reemployment in 
civilian pursuits of former combatants in the conflict in El Salvador, 
and of the monitoring of the permanent settlement and cease-fire.
    ``(4) Duration of Availability of Funds.--Notwithstanding any other 
provision of law, amounts transferred to the Fund shall remain available 
until expended.
    ``(g) Strengthening Civilian Control Over the Military.--In order to 
strengthen the control of the democratically-elected civilian Government 
of El Salvador over the armed forces of that country, United States 
military assistance for any fiscal year may be delivered to the armed 
forces of El Salvador only with the prior approval of the duly elected 
President of El Salvador.
    ``(h) Support for Democracy.--(1) Establishing a Program.--The 
Secretary of State, through agreement with the National Endowment for 
Democracy or other qualified organizations, shall establish and carry 
out a program of education, training, and dialogue for the purpose of 
strengthening democratic political and legal institutions in El 
Salvador.
    ``(2) Election Monitoring.--Of the amounts made available to carry 
out this subsection, up to $2,000,000 may be used for support for 
monitoring the 1991 municipal and National Assembly elections in El 
Salvador, and for monitoring the registration and campaign processes 
leading up to those elections, by appropriate organizations such as the 
United Nations, the Organization of American States, the Carter Center, 
the National Democratic Institute for International Affairs, the 
National Republican Institute for International Affairs, and the Center 
for Electoral Assistance and Promotion (CAPEL) of San Jose, Costa Rica.
    ``(3) Assistance.--Up to $10,000,000 of funds appropriated under the 
heading `Economic Support Fund' for fiscal year 1991 may be used to 
carry out this subsection.
    ``(i) [Repealed. Pub. L. 103-236, title I, Sec. 139(22), Apr. 30, 
1994, 108 Stat. 399.]
    ``(j) Definitions.--For purposes of this section--
        ``(1) the term `United States assistance' has the same meaning 
    as is given to such term by section 481(i)(4) of the Foreign 
    Assistance Act of 1961 (22 U.S.C. 2291(i)(4)) and includes United 
    States military assistance as defined in paragraph (2); and
        ``(2) the term `United States military assistance' means--
            ``(A) assistance to carry out chapter 2 (relating to grant 
        military assistance) or chapter 5 (relating to international 
        military education and training) of part II of the Foreign 
        Assistance Act of 1961 [22 U.S.C. 2311 et seq., 2347 et seq.]; 
        and
            ``(B) assistance to carry out section 23 of the Arms Export 
        Control Act [22 U.S.C. 2763].''
    [For Presidential determination required by section 531(d) of Pub. 
L. 101-513, set out above, and for delegation of functions of President 
under section 531(i) of Pub. L. 101-513, see Determination of President, 
No. 91-15, Jan. 15, 1991, 56 F.R. 4713.]
    Section 728 of Pub. L. 97-113, as amended by Pub. L. 97-233, Aug. 
10, 1982, 96 Stat. 260; Pub. L. 98-53, July 15, 1983, 97 Stat. 287, set 
forth findings of Congress concerning recent civil strife in El Salvador 
and need for substantial assistance to El Salvador and for fiscal years 
1982 and 1983, restricted funds that could be obligated for assistance 
for El Salvador under chapter 2 or 5 of part II of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2311 et seq., 2347 et seq.), letters 
of offer that could be issued and credits and guarantees that could be 
extended for El Salvador under the Arms Export Control Act (22 U.S.C. 
2751 et seq.), and members of the Armed Forces that could be assigned or 
detailed to El Salvador to carry out functions under the Foreign 
Assistance Act of 1961 (this chapter) or the Arms Export Control Act, 
only if not later than thirty days after Dec. 29, 1981, and every one 
hundred and eighty days thereafter, the President makes a specific 
certification.


         Caribbean Development Bank; Assumption of Member Loans

    Section 315 of Pub. L. 96-533 provided: ``Notwithstanding section 
620(r) of the Foreign Assistance Act of 1961 [subsec. (r) of this 
section], the President may, after consultation with the Committee on 
Foreign Relations of the Senate and the Committee on Foreign Affairs 
[now Committee on International Relations] of the House of 
Representatives, make arrangements at his discretion for the assumption 
by the recipient members of the Caribbean Development Bank of any loans 
made to the Bank under the authority of that Act [this chapter].''


  Soviet Military Personnel and Activities in Cuba; Reports to Congress

    Section 714 of Pub. L. 96-533, required reports respecting Soviet 
military activity in Cuba, prior to repeal by Pub. L. 97-113, title VII, 
Sec. 734(a)(2), Dec. 29, 1981, 95 Stat. 1560.


                        Cuban Presence in Africa

    Pub. L. 95-426, title VI, Sec. 613, Oct. 7, 1978, 92 Stat. 990, as 
amended by Pub. L. 97-241, title V, Sec. 505(a)(2), (b)(1), Aug. 24, 
1982, 96 Stat. 299, provided that: ``The Congress finds that--
        ``(1) the President authorized the exchange of notes of May 30, 
    1977, between the Governments of the United States and Cuba which 
    established an Interests Section for the United States in the 
    Embassy of Switzerland in Havana and an Interests Section for Cuba 
    in the Embassy of Czechoslovakia in Washington;
        ``(2) the President has the authority under the Export 
    Administration Act of 1969 [section 2401 et seq. of the Appendix to 
    Title 50, War and National Defense] to limit trade with Cuba being 
    conducted by subsidiaries of American firms operating in third 
    countries;
        ``(3) the President has the power to sever all diplomatic and 
    economic relations with Cuba; and
        ``(4) there has been a sharp increase in the number of Cuban 
    military personnel serving in Africa in the past year.''


     Resumption of Military Assistance to Turkey; Determination and 
  Certification to Congress by President of Military Cooperation as in 
                Best Interests of United States and NATO

    Pub. L. 95-384, Sec. 13(a), Sept. 26, 1978, 92 Stat. 737, provided 
that: ``Section 620(x) of the Foreign Assistance Act of 1961 [subsec. 
(x) of this section] shall be of no further force and effect upon the 
President's determination and certification to the Congress that the 
resumption of full military cooperation with Turkey is in the national 
interest of the United States and in the interest of the North Atlantic 
Treaty Organization and that the Government of Turkey is acting in good 
faith to achieve a just and peaceful settlement of the Cyprus problem, 
the early peaceable return of refugees to their homes and properties, 
and continued removal of Turkish military troops from Cyprus in the 
context of a solution to the Cyprus problem, and the early serious 
resumption of inter-communal talks aimed at a just, negotiated 
settlement.''


 Determination and Certification Regarding Resumption of Full Military 
                         Cooperation With Turkey

    Memorandum of the President of the United States, dated Sept. 26, 
1978, provided:
    Pursuant to the authority vested in me by Section 13(a) of the 
International Security Assistance Act of 1978, I hereby determine and 
certify:
    (1) that the resumption of full military cooperation with Turkey is 
in the national interest of the United States and in the interest of the 
North Atlantic Treaty Organization; and
    (2) that the Government of Turkey is acting in good faith to achieve 
a just and peaceful settlement of the Cyprus problem, the early 
peaceable return of refugees to their homes and properties, and 
continued removal of Turkish military troops from Cyprus in the context 
of a solution to the Cyprus problem, and the early serious resumption of 
inter-communal talks aimed at a just, negotiated settlement.
    You are requested on my behalf to report this determination and 
certification to the Congress.
    This determination and certification shall be published in the 
Federal Register.
                                                           Jimmy Carter.


Restrictions on Assistance During Fiscal Year 1978 Involving Military or 
                    Paramilitary Operations in Zaire

    Section 25 of Pub. L. 95-92 required a Presidential determination 
that furnishing aid to Zaire during fiscal year 1978 was in the national 
interest and submission to the Congress of a Presidential certification 
for such aid, prior to repeal by Pub. L. 97-113, title VII, 
Sec. 734(a)(13), Dec. 29, 1981, 95 Stat. 1560.


                   Restrictions on Assistance to India

    Section 27 of Pub. L. 93-559 provided that the total amount of 
assistance provided under this chapter and of credit sales made or 
guaranteed under the Foreign Military Sales Act, section 2751 et seq. of 
this title, for India was not to exceed $50,000,000 in fiscal year 1975, 
prior to repeal by Pub. L. 97-113, title VII, Sec. 734(a)(8), Dec. 29, 
1981, 95 Stat. 1560.


Restrictions on Military Assistance and Excess Defense Articles to Korea

    Section 26 of Pub. L. 93-559 provided that the aggregated amount of 
funds obligated or reserved for military assistance, including supply 
operations, under part II of subchapter II of this chapter, the 
acquisition cost of excess defense articles, if any, ordered under 
subchapter II of this chapter and not charged against appropriations for 
military assistance, credits including participations in credits, 
extended pursuant to section 2763 of this title, and the principal 
amount of loans guaranteed pursuant to section 2764(a) of this title, 
with respect to South Korea was not to exceed $145,000,000 for fiscal 
year 1975 until the President submitted a report to the Congress after 
Dec. 30, 1974, stating that the government of South Korea was making 
substantial progress in the observance of internationally recognized 
standards of human rights, after which the aggregate amount described 
above, with respect to South Korea, was not to exceed $165,000,000 for 
fiscal year 1975, with provisions of sections 2318 and 2364 of this 
title, or of any other law, not to be used to exceed these limitations, 
prior to repeal by Pub. L. 97-113, title VII, Sec. 734(a)(8), Dec. 29, 
1981, 95 Stat. 1560.


                      Repayment of Loans in Default

    Section 56 of Pub. L. 93-559 provided that: ``It is the sense of the 
Congress that any country receiving assistance under the Foreign 
Assistance Act of 1961 [this chapter] which is in default, at least 90 
days prior to the date of enactment of this Act [Dec. 30, 1974], of any 
payment of principal or interest due on any loan or credit received from 
the United States shall promptly pay all such principal and interest. It 
is further the sense of the Congress that the President shall promptly 
enter into negotiations with each such country to help effectuate the 
payment of such principal and interest, or to effectuate the transfer by 
such country to the United States of goods, services, concessions, or 
actions beneficial to the United States, in lieu of the payment of such 
principal and interest.''


  Restrictions on Assistance to Nations Whose Government Is Based Upon 
                                Communism

    Pub. L. 91-194, title I, Sec. 109, Feb. 9, 1970, 84 Stat. 8, 
provided that:
    ``(a) No assistance shall be furnished to any nation, whose 
government is based upon that theory of government known as communism 
under the Foreign Assistance Act of 1961, as amended [this chapter], for 
any arms, ammunition, implements of war, atomic energy materials, or any 
articles, materials, or supplies, such as petroleum, transportation 
materials of strategic value, and items of primary strategic 
significance used in the production of arms, ammunition, and implements 
of war, contained on the list maintained by the Administrator pursuant 
to title I of the Mutual Defense Assistance Control Act of 1951, as 
amended [section 1611 et seq. of this title].
    ``(b) No economic assistance shall be furnished to any nation whose 
government is based upon that theory of government known as communism 
under the Foreign Assistance Act of 1961, as amended [this chapter] 
except section 214(b) [section 2174(b) of this title], unless the 
President determines that the withholding of such assistance would be 
contrary to the national interest and reports such determination to the 
House of Representatives and the Senate. Reports made pursuant to this 
subsection shall be published in the Federal Register within seven days 
of submission to the committees and shall contain a statement by the 
President of the reasons for such determination.''
    Similar provisions were contained in the following prior acts:
    Pub. L. 90-581, title I, Sec. 109, Oct. 17, 1968, 82 Stat. 1140.
    Pub. L. 90-249, title I, Sec. 109, Jan. 2, 1968, 81 Stat. 939.
    Pub. L. 89-691, title I, Sec. 109, Oct. 15, 1966, 80 Stat. 1020.
    Pub. L. 89-273, title I, Sec. 109, Oct. 20, 1965, 79 Stat. 1004.
    Pub. L. 88-634, title I, Sec. 109, Oct. 7, 1964, 78 Stat. 1018.
    Pub. L. 88-272, title I, Sec. 109, Jan. 6, 1964, 77 Stat. 859.
    Pub. L. 87-872, title I, Sec. 109, Oct. 23, 1962, 76 Stat. 1165.


    Restrictions on Assistance to Countries Selling, Furnishing, or 
   Permitting Ships To Carry Certain Items to Cuba or to North Vietnam

    Pub. L. 91-194, title I, Sec. 107, Feb. 9, 1970, 84 Stat. 8, 
provided that:
    ``(a) No assistance shall be furnished under the Foreign Assistance 
Act of 1961, as amended [this chapter], to any country which sells, 
furnishes, or permits any ships under its registry to carry to Cuba, so 
long as it is governed by the Castro regime, in addition to those items 
contained on the list maintained by the Administrator pursuant to title 
I of the Mutual Defense Assistance Control Act of 1951, as amended 
[section 1611 et seq. of this title], any arms, ammunition, implements 
of war, atomic energy materials, or any other articles, materials, or 
supplies of primary strategic significance used in the production of 
arms, ammunition, and implements of war or of strategic significance to 
the conduct of war, including petroleum products.
    ``(b) No economic assistance shall be furnished under the Foreign 
Assistance Act of 1961, as amended [this chapter], to any country which 
sells, furnishes, or permits any ships under its registry to carry items 
of economic assistance to Cuba, so long as it is governed by the Castro 
regime, or to North Vietnam.''
    Similar provisions were contained in the following prior acts:
    Pub. L. 90-581, title I, Sec. 107, Oct. 17, 1968, 82 Stat. 1139.
    Pub. L. 90-249, title I, Sec. 107, Jan. 2, 1968, 81 Stat. 938.
    Pub. L. 89-691, title I, Sec. 107, Oct. 15, 1966, 80 Stat. 1020.
    Pub. L. 89-273, title I, Sec. 107, Oct. 20, 1965, 79 Stat. 1004.
    Pub. L. 88-634, title I, Sec. 107, Oct. 7, 1964, 78 Stat. 1018.
    Pub. L. 88-258, title I, Sec. 107, Jan. 6, 1964, 77 Stat. 859.
    Pub. L. 87-872, title I, Sec. 107, Oct. 23, 1962, 76 Stat. 1165.


     Restrictions on Assistance to Countries Selling, Furnishing or 
        Permitting Ships To Carry Certain Items to North Vietnam

    Pub. L. 91-194, title I, Sec. 116, Feb. 9, 1970, 84 Stat. 10, forbid 
assistance under the Foreign Assistance Act of 1961, as amended, to any 
country that sold, furnished or permitted any ships under its registry 
to carry to North Vietnam certain enumerated items unless the President 
determined that the withholding of such assistance was contrary to the 
national interest of the United States and reported such determination 
to Congress.
    Similar provisions were contained in the following prior acts:
    Pub. L. 90-581, title I, Sec. 116, Oct. 17, 1968, 82 Stat. 1141.
    Pub. L. 90-249, title I, Sec. 116, Jan. 2, 1968, 81 Stat. 940.
    Pub. L. 89-691, title I, Sec. 116, Oct. 15, 1966, 80 Stat. 1022.
    Pub. L. 89-273, title I, Sec. 116, Oct. 20, 1965, 79 Stat. 1005.


        Interdiction of the Delivery of Offensive Weapons to Cuba

    For Presidential proclamation prohibiting the delivery of offensive 
weapons to Cuba, see Proc. No. 3504, Oct. 23, 1962, 27 F.R. 10401, set 
out as a note preceding section 1 of the Appendix to Title 50, War and 
National Defense.

               Proc. No. 3447. Embargo on Trade With Cuba

    Proc. No. 3447, Feb. 3, 1962, 27 F.R. 1085, provided:
    WHEREAS the Eighth Meeting of Consultation of Ministers of Foreign 
Affairs, Serving as Organ of Consultation in Application of the Inter-
American Treaty of Reciprocal Assistance, in its Final Act resolved that 
the present Government of Cuba is incompatible with the principles and 
objectives of the Inter-American system; and, in light of the subversive 
offensive of Sino-Soviet Communism with which the Government of Cuba is 
publicly aligned, urged the member states to take those steps that they 
may consider appropriate for their individual and collective self-
defense;
    WHEREAS the Congress of the United States, in section 620(a) of the 
Foreign Assistance Act of 1961 (75 Stat. 445), as amended [subsection 
(a) of this section], has authorized the President to establish and 
maintain an embargo upon all trade between the United States and Cuba; 
and
    WHEREAS the United States, in accordance with its international 
obligations, is prepared to take all necessary actions to promote 
national and hemispheric security by isolating the present Government of 
Cuba and thereby reducing the threat posed by its alignment with the 
communist powers:
    NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States 
of America, acting under the authority of section 620(a) of the Foreign 
Assistance Act of 1961 (75 Stat. 445), as amended [subsection (a) of 
this section], do
    1. Hereby proclaim an embargo upon trade between the United States 
and Cuba in accordance with paragraphs 2 and 3 of this proclamation.
    2. Hereby prohibit, effective 12:01 A.M., Eastern Standard Time, 
February 7, 1962, the importation into the United States of all goods of 
Cuban origin and all goods imported from or through Cuba; and I hereby 
authorize and direct the Secretary of the Treasury to carry out such 
prohibition, to make such exceptions thereto, by license or otherwise, 
as he determines to be consistent with the effective operation of the 
embargo hereby proclaimed, and to promulgate such rules and regulations 
as may be necessary to perform such functions.
    3. AND FURTHER, I do hereby direct the Secretary of Commerce, under 
the provisions of the Export Control Act of 1949, as amended (50 U.S.C. 
App. 2021-2032), to continue to carry out the prohibition of all exports 
from the United States to Cuba, and I hereby authorize him, under that 
Act, to continue, make, modify or revoke exceptions from such 
prohibition.
    IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal 
of the United States of America to be affixed.
DONE at the City of Washington this third day of February, in the year 
                of our Lord nineteen hundred and sixty-two, and of the 
                Independence of the United States of America the one 
                hundred and eighty-sixth.
[SEAL]
                                                        John F. Kennedy.

                  Section Referred to in Other Sections

    This section is referred to in sections 283l, 2151v, 2152b, 2227, 
2312, 2373, 2398, 2430c, 2431d, 4305, 6004, 6008, 6023, 6064 of this 
title; title 28 section 1610; title 50 App. section 2304.
