
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: 22USC2375]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
          SUBCHAPTER III--GENERAL AND ADMINISTRATIVE PROVISIONS
 
                       Part I--General Provisions
 
Sec. 2375. Assistance to Pakistan


(a) Congressional policy, findings, and goals

    The Congress recognizes that Soviet forces occupying Afghanistan 
pose a security threat to Pakistan. The Congress also recognizes that an 
independent and democratic Pakistan with continued friendly ties with 
the United States is in the interest of both nations. The Congress finds 
that United States assistance will help Pakistan maintain its 
independence. Assistance to Pakistan is intended to benefit the people 
of Pakistan by helping them meet the burdens imposed by the presence of 
Soviet forces in Afghanistan and by promoting economic development. In 
authorizing assistance to Pakistan, it is the intent of Congress to 
promote the expeditious restoration of full civil liberties and 
representative government in Pakistan. The Congress further recognizes 
that it is in the mutual interest of Pakistan and the United States to 
avoid the profoundly destabilizing effects of the proliferation of 
nuclear explosive devices or the capacity to manufacture or otherwise 
acquire nuclear devices.

(b) Reaffirmation of 1959 bilateral agreement

    The United States reaffirms the commitment made in its 1959 
bilateral agreement with Pakistan relating to aggression from a 
Communist or Communist-dominated state.

(c) Availability; defensive aspects of assistance

    Security assistance for Pakistan shall be made available in order to 
assist Pakistan in dealing with the threat to its security posed by the 
Soviet presence in Afghanistan. The United States will take appropriate 
steps to ensure that defense articles provided by the United States to 
Pakistan are used for defensive purposes.

(d) Waiver of limitations respecting nuclear transfers

    The President may waive the prohibitions of section 2799aa of this 
title with respect to any grounds for the prohibition of assistance 
under that section arising before the effective date of part B of the 
Nuclear Proliferation Prevention Act of 1994 to provide assistance to 
Pakistan if he determines that to do so is in the national interest of 
the United States.

(e) Nuclear non-proliferation conditions on military assistance; 
        exception

    (1) No military assistance shall be furnished to Pakistan and no 
military equipment or technology shall be sold or transferred to 
Pakistan, pursuant to the authorities contained in this chapter or any 
other Act, unless the President shall have certified in writing to the 
Speaker of the House of Representatives and the chairman of the 
Committee on Foreign Relations of the Senate, during the fiscal year in 
which military assistance is to be furnished or military equipment or 
technology is to be sold or transferred, that Pakistan does not possess 
a nuclear explosive device and that the proposed United States military 
assistance program will reduce significantly the risk that Pakistan will 
possess a nuclear explosive device.
    (2) The prohibitions in this section do not apply to any assistance 
or transfer provided for the purposes of:
        (A) International narcotics control (including part VIII of 
    subchapter I of this chapter) or any provision of law available for 
    providing assistance for counternarcotics purposes.
        (B) Facilitating military-to-military contact, training 
    (including part V of subchapter II of this chapter) and humanitarian 
    and civic assistance projects.
        (C) Peacekeeping and other multilateral operations (including 
    part VI of subchapter II of this chapter relating to peacekeeping) 
    or any provision of law available for providing assistance for 
    peacekeeping purposes, except that lethal military equipment 
    provided under this subparagraph shall be provided on a lease or 
    loan basis only and shall be returned upon completion of the 
    operation for which it was provided.
        (D) Antiterrorism assistance (including part VIII of subchapter 
    II of this chapter relating to antiterrorism assistance) or any 
    provision of law available for antiterrorism assistance purposes.

    (3) The restrictions of this subsection shall continue to apply to 
contracts for the delivery of F-16 aircraft to Pakistan.
    (4) Notwithstanding the restrictions contained in this subsection, 
military equipment, technology, or defense services, other than F-16 
aircraft, may be transferred to Pakistan pursuant to contracts or cases 
entered into before October 1, 1990.

(f) Storage costs

    The President may release the Government of Pakistan of its 
contractual obligation to pay the United States Government for the 
storage costs of items purchased prior to October 1, 1990, but not 
delivered by the United States Government pursuant to subsection (e) of 
this section and may reimburse the Government of Pakistan for any such 
amount paid, on such terms and conditions as the President may 
prescribe: Provided, That such payments have no budgetary impact.

(g) Inapplicability of restrictions to previously owned items

    Subsection (e) of this section does not apply to broken, worn or 
unupgraded items or their equivalent which Pakistan paid for and took 
possession of prior to October 1, 1990 and which the Government of 
Pakistan sent to the United States for repair or upgrade. Such equipment 
or its equivalent may be returned to the Government of Pakistan: 
Provided, That the President determines and so certifies to the 
appropriate congressional committees that such equipment or equivalent 
neither constitutes nor has received any significant qualitative upgrade 
since being transferred to the United States and that its total value 
does not exceed $25,000,000.

(h) Ballistic missile sanctions not affected

    Nothing contained herein shall affect sanctions for transfers of 
missile equipment or technology required under section 2410b of title 
50, Appendix, or section 2797b of this title.

(Pub. L. 87-195, pt. III, Sec. 620E, as added Pub. L. 97-113, title VII, 
Sec. 736, Dec. 29, 1981, 95 Stat. 1561; amended Pub. L. 99-83, title IX, 
Sec. 902, Aug. 8, 1985, 99 Stat. 267; Pub. L. 100-202, Sec. 101(e) 
[title V, Sec. 557], Dec. 22, 1987, 101 Stat. 1329-131, 1329-170; Pub. 
L. 101-167, title V, Sec. 591, Nov. 21, 1989, 103 Stat. 1253; Pub. L. 
101-513, title V, Sec. 574(a), Nov. 5, 1990, 104 Stat. 2042; Pub. L. 
102-145, Sec. 118, as added Pub. L. 102-266, Sec. 102, Apr. 1, 1992, 106 
Stat. 93; Pub. L. 102-391, title V, Sec. 570(a), Oct. 6, 1992, 106 Stat. 
1681; Pub. L. 103-87, title V, Sec. 536(a), Sept. 30, 1993, 107 Stat. 
955; Pub. L. 103-236, title VIII, Sec. 822(b)(2), Apr. 30, 1994, 108 
Stat. 512; Pub. L. 104-107, title V, Sec. 559(a), Feb. 12, 1996, 110 
Stat. 743.)

                       References in Text

    For effective date of part B of the Nuclear Proliferation Prevention 
Act of 1994, referred to in subsec. (d), as the date 60 days after Apr. 
30, 1994, see section 831 of Pub. L. 103-236, set out as an Effective 
Date note under section 6301 of this title.
    This chapter, referred to in subsec. (e), was in the original ``this 
Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, 
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.

                          Codification

    Amendment by Pub. L. 102-145 is based on section 572(a) of H.R. 
2621, One Hundred Second Congress, 1st Session, as passed by the House 
of Representatives on June 19, 1991, which was enacted into law by Pub. 
L. 102-145, Sec. 118, as added by Pub. L. 102-266, Sec. 102, Apr. 1, 
1992, 106 Stat. 93. Section 118 of Pub. L. 102-145 provided that the 
authority and conditions provided in such section 572 shall be 
applicable to funds appropriated by Pub. L. 102-145 (and are hereby 
enacted) in lieu of the authority and conditions provided in section 574 
of Pub. L. 101-513. See 1990, 1991, and 1992 Amendment notes below.


                               Amendments

    1996--Subsec. (e). Pub. L. 104-107, Sec. 559(a)(1), designated 
existing provisions as par. (1), substituted ``military assistance'' for 
``assistance'' wherever appearing, and added par. (2).
    Subsecs. (f) to (h). Pub. L. 104-107, Sec. 559(a)(2), added subsecs. 
(f) to (h).
    1994--Subsec. (d). Pub. L. 103-236 amended subsec. (d) generally. 
Prior to amendment, subsec. (d) read as follows: ``The President may 
waive the prohibitions of section 2429 of this title at any time during 
the period beginning on December 29, 1981, and ending on September 30, 
1994, to provide assistance to Pakistan during that period if he 
determines that to do so is in the national interest of the United 
States.''
    1993--Subsec. (d). Pub. L. 103-87, which directed the substitution 
of ``September 30, 1994'' for the date specified in subsec. (d), was 
executed by substituting ``September 30, 1994'' for ``September 30, 
1993''. See 1992 Amendment note below.
    1992--Subsec. (d). Pub. L. 102-391, which directed the substitution 
of ``September 30, 1993'' for the date specified in subsec. (d), was 
executed by substituting ``September 30, 1993'' for ``April 1, 1993''. 
See 1991 Amendment note below.
    Pub. L. 102-266 added Pub. L. 102-145, Sec. 118. See 1991 Amendment 
note below.
    1991--Subsec. (d). Pub. L. 102-145, Sec. 118, as added by Pub. L. 
102-266, which directed the amendment of subsec. (d) by substituting 
``April 1, 1993'' for ``April 1, 1991'' in lieu of amendment by Pub. L. 
101-513, Sec. 574(a), was executed by substituting ``April 1, 1993'' for 
``April 1, 1992'' to reflect the probable intent of Congress. See 
Codification note above and 1990 Amendment note below.
    1990--Subsec. (d). Pub. L. 101-513 substituted ``April 1, 1992'' for 
``April 1, 1991''.
    1989--Subsec. (d). Pub. L. 101-167 substituted ``April 1, 1991'' for 
``April 1, 1990''.
    1987--Subsec. (d). Pub. L. 100-202 substituted ``April 1, 1990'' for 
``September 30, 1987''.
    1985--Subsec. (e). Pub. L. 99-83 added subsec. (e).


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-236 effective 60 days after Apr. 30, 1994, 
see section 831 of Pub. L. 103-236, set out as an Effective Date note 
under section 6301 of this title.


                    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.

                         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.

     Nuclear Non-Proliferation Conditions on Assistance for Pakistan

    Determination of the President of the United States, No. 90-15, Mar. 
28, 1990, 55 F.R. 17417, provided:
    Memorandum for the Secretary of State
    By the authority vested in me as President by the Constitution and 
laws of the United States of America, including section 620E(d) of the 
Foreign Assistance Act of 1961, as amended (``the Act'') (22 U.S.C. 
2375(d)), I hereby determine, pursuant to section 620E(d) of the Act, 
that provision of assistance to Pakistan under the Act [22 U.S.C. 2151 
et seq.] through April 1, 1991, is in the national interest of the 
United States, and therefore waive the prohibitions of section 669 of 
the Act (22 U.S.C. 2429) with respect to that period.
    You are authorized and directed to transmit this determination, 
together with the statement setting forth specific reasons therefor, to 
the Congress immediately.
    This determination shall be published in the Federal Register.
                                                            George Bush.

    Prior determinations and certifications were contained in the 
following:
    Determination of the President of the United States, No. 90-1, Oct. 
5, 1989, 54 F.R. 43797.
    Determination of the President of the United States, No. 89-7, Nov. 
18, 1988, 53 F.R. 49111.
    Determination of the President of the United States, No. 88-5, Jan. 
15, 1988, 53 F.R. 3325.
    Determination of the President of the United States, No. 88-4, Dec. 
17, 1987, 53 F.R. 773.
    Determination of the President of the United States, No. 87-3, Oct. 
27, 1986, 51 F.R. 40301.
    Determination of the President of the United States, No. 86-03, Nov. 
25, 1985, 50 F.R. 50273.


                           Waiver of Sanctions

    Sanctions contained in subsec. (e) waived in certain regards with 
respect to India by Determination of President of the United States, No. 
2000-18, Mar. 16, 2000, 65 F.R. 16297, set out as a note under section 
2799aa-1 of this title.
    Sanctions contained in subsec. (e) waived in certain regards by 
Determination of President of the United States, No. 2000-4, Oct. 27, 
1999, 64 F.R. 60649, set out as a note under section 2799aa-1 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in section 3281 of this title.
