
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: 22USC2751]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 39--ARMS EXPORT CONTROL
 
   SUBCHAPTER I--FOREIGN AND NATIONAL SECURITY POLICY OBJECTIVES AND 
                               RESTRAINTS
 
Sec. 2751. Need for international defense cooperation and 
        military export controls; Presidential waiver; report to 
        Congress; arms sales policy
        
    As declared by the Congress in the Arms Control and Disarmament Act 
[22 U.S.C. 2551 et seq.], an ultimate goal of the United States 
continues to be a world which is free from the scourge of war and the 
dangers and burdens of armaments; in which the use of force has been 
subordinated to the rule of law; and in which international adjustments 
to a changing world are achieved peacefully. In furtherance of that 
goal, it remains the policy of the United States to encourage regional 
arms control and disarmament agreements and to discourage arms races.
    The Congress recognizes, however, that the United States and other 
free and independent countries continue to have valid requirements for 
effective and mutually beneficial defense relationships in order to 
maintain and foster the environment of international peace and security 
essential to social, economic, and political progress. Because of the 
growing cost and complexity of defense equipment, it is increasingly 
difficult and uneconomic for any country, particularly a developing 
country, to fill all of its legitimate defense requirements from its own 
design and production base. The need for international defense 
cooperation among the United States and those friendly countries to 
which it is allied by mutual defense treaties is especially important, 
since the effectiveness of their armed forces to act in concert to deter 
or defeat aggression is directly related to the operational 
compatibility of their defense equipment.
    Accordingly, it remains the policy of the United States to 
facilitate the common defense by entering into international 
arrangements with friendly countries which further the objective of 
applying agreed resources of each country to programs and projects of 
cooperative exchange of data, research, development, production, 
procurement, and logistics support to achieve specific national defense 
requirements and objectives of mutual concern. To this end, this chapter 
authorizes sales by the United States Government to friendly countries 
having sufficient wealth to maintain and equip their own military forces 
at adequate strength, or to assume progressively larger shares of the 
costs thereof, without undue burden to their economies, in accordance 
with the restraints and control measures specified herein and in 
furtherance of the security objectives of the United States and of the 
purposes and principles of the United Nations Charter.
    It is the sense of the Congress that all such sales be approved only 
when they are consistent with the foreign policy interests of the United 
States, the purposes of the foreign assistance program of the United 
States as embodied in the Foreign Assistance Act of 1961, as amended [22 
U.S.C. 2151 et seq.], the extent and character of the military 
requirement, and the economic and financial capability of the recipient 
country, with particular regard being given, where appropriate, to 
proper balance among such sales, grant military assistance, and economic 
assistance as well as to the impact of the sales on programs of social 
and economic development and on existing or incipient arms races.
    It shall be the policy of the United States to exert leadership in 
the world community to bring about arrangements for reducing the 
international trade in implements of war and to lessen the danger of 
outbreak of regional conflict and the burdens of armaments. United 
States programs for or procedures governing the export, sale, and grant 
of defense articles and defense services to foreign countries and 
international organizations shall be administered in a manner which will 
carry out this policy.
    It is the sense of the Congress that the President should seek to 
initiate multilateral discussions for the purpose of reaching agreements 
among the principal arms suppliers and arms purchasers and other 
countries with respect to the control of the international trade in 
armaments. It is further the sense of Congress that the President should 
work actively with all nations to check and control the international 
sale and distribution of conventional weapons of death and destruction 
and to encourage regional arms control arrangements. In furtherance of 
this policy, the President should undertake a concerted effort to 
convene an international conference of major arms-supplying and arms-
purchasing nations which shall consider measures to limit conventional 
arms transfers in the interest of international peace and stability.
    It is the sense of the Congress that the aggregate value of defense 
articles and defense services--
        (1) which are sold under section 2761 or section 2762 of this 
    title; or
        (2) which are licensed or approved for export under section 2778 
    of this title to, for the use, or for benefit of the armed forces, 
    police, intelligence, or other internal security forces of a foreign 
    country or international organization under a commercial sales 
    contract;

in any fiscal year should not exceed current levels.
    It is the sense of the Congress that the President maintain 
adherence to a policy of restraint in conventional arms transfers and 
that, in implementing this policy worldwide, a balanced approach should 
be taken and full regard given to the security interests of the United 
States in all regions of the world and that particular attention should 
be paid to controlling the flow of conventional arms to the nations of 
the developing world. To this end, the President is encouraged to 
continue discussions with other arms suppliers in order to restrain the 
flow of conventional arms to less developed countries.

(Pub. L. 90-629, ch. 1, Sec. 1, Oct. 22, 1968, 82 Stat. 1321; Pub. L. 
91-672, Sec. 4, Jan. 12, 1971, 84 Stat. 2053; Pub. L. 93-189, 
Sec. 25(1), Dec. 17, 1973, 87 Stat. 729; Pub. L. 94-329, title II, 
Sec. 202, formerly Sec. 202(a), June 30, 1976, 90 Stat. 734, renumbered 
and amended Pub. L. 95-384, Secs. 15(a), 29(c)(1)(A), Sept. 26, 1978, 92 
Stat. 739, 747; Pub. L. 97-113, title VII, Sec. 734(a)(10), Dec. 29, 
1981, 95 Stat. 1560.)

                       References in Text

    The Arms Control and Disarmament Act, referred to in text, is Pub. 
L. 87-297, Sept. 26, 1961, 75 Stat. 631, as amended, which is classified 
generally to chapter 35 (Sec. 2551 et seq.) of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 2551 of this title, and Tables.
    This chapter, referred to in text, was in the original ``this Act'', 
meaning Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1321, as amended, which 
is classified principally to this chapter. For complete classification 
of this Act to the Code, see Short Title note below and Tables.
    The Foreign Assistance Act of 1961, as amended, referred to in text, 
is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which is 
classified principally to chapter 32 (Sec. 2151 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 2151 of this title and Tables.

  References to Foreign Military Sales Act Deemed Reference to 
                     Arms Export Control Act

    Section 201(b) of Pub. L. 94-329 provided that: ``Any reference to 
the Foreign Military Sales Act [see Short Title note below] shall be 
deemed to be a reference to the Arms Export Control Act.''

   References to Present Instead of Past Provisions; Specific 
         Application of Other Provisions to This Chapter

    Section 45(c) of Pub. L. 90-629 provided that: ``References in law 
to the provisions of law repealed by subsection (a) of this section 
[repealing sections 2341 to 2343, 2344(b)(3), 2345, 2394(g), and 2399a 
of this title] shall hereafter [on and after Oct. 22, 1968] be deemed to 
be references to this Act [this chapter] or appropriate provisions of 
this Act. Except for the laws specified in section 44 [section 2793 of 
this title], no other provision of law shall be deemed to apply to this 
Act unless it refers specifically to this Act or refers generally to 
sales of defense articles and defense services under any Act.''


                               Amendments

    1981--Pub. L. 97-113 struck out paragraph which provided that it was 
the sense of Congress that sales and guaranties under sections 2761, 
2762, 2763, and 2764 of this title not be approved where they would have 
had the effect of arming military dictators who were denying the growth 
of fundamental rights or social progress to their own people but 
allowing the President to waive this limitation when he determined it 
would be important to the security of the United States, and promptly so 
reported to the Speaker of the House of Representatives and the 
Committee on Foreign Relations in the Senate.
    1978--Pub. L. 95-384, Sec. 15(a), inserted paragraph relating to 
adherence to a policy of restraint in conventional arms transfer.
    1976--Pub. L. 94-329 substituted in last paragraph provision 
relating to a new statement of policy whereby the United States shall 
exert leadership in the reduction of international trade in arms, and in 
that regard, the President to initiate discussions and actively work 
with other nations with a view towards control of international trade in 
arms, for provisions relating to a reduction in the role of the United 
States in furnishing of defense articles and defense services to foreign 
countries and international organizations by decreasing sales, credit 
sales and guarantees of such articles and services.
    1973--Pub. L. 93-189 inserted last paragraph relating to a reduction 
by the United States in the furnishing of defense articles and defense 
services to foreign countries.
    1971--Pub. L. 91-672 substituted ``denying the growth of fundamental 
rights or social progress'' for ``denying social progress'' in last par.


                             Effective Date

    Section 41 of Pub. L. 90-629 provided that: ``This Act [enacting 
this chapter, amending sections 2344, 2382, 2392, 2394, and 2403 of this 
title, repealing sections 2341 to 2343, 2345, and 2399a of this title, 
and enacting provisions set out as notes under this section and section 
2341 of this title] shall take effect on July 1, 1968.''


                      Short Title of 1999 Amendment

    Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, Sec. 1001], Nov. 
29, 1999, 113 Stat. 1536, 1501A-485, provided that: ``This division 
[div. B of H.R. 3427 as enacted by section 1000(a)(7) of Pub. L. 106-
113, see Tables for classification] may be cited as the `Arms Control, 
Nonproliferation, and Security Assistance Act of 1999'.''


                      Short Title of 1998 Amendment

    Pub. L. 105-194, Sec. 1, July 14, 1998, 112 Stat. 627, provided 
that: ``This Act [amending section 2799aa-1 of this title and enacting 
provisions set out as notes under section 2799aa-1 of this title] may be 
cited as the `Agriculture Export Relief Act of 1998'.''


                      Short Title of 1991 Amendment

    Pub. L. 102-228, Sec. 1, Dec. 12, 1991, 105 Stat. 1691, provided 
that: ``This Act [enacting sections 2595b-1 and 2799 to 2799d of this 
title, amending sections 2581, 2589, 2595, and 2595c of this title, and 
enacting provisions set out as notes under section 2551 of this title] 
may be cited as the `Conventional Forces in Europe Treaty Implementation 
Act of 1991'.''


                               Short Title

    Pub. L. 90-629, as amended by section 201(a) of Pub. L. 94-329, 
provided: ``That this Act [enacting this chapter, amending sections 
2382, 2392, 2394, and 2403 of this title, repealing sections 2341 to 
2343, 2344, 2345, 2394, and 2399 of this title, and enacting provisions 
set out as notes under this section and section 2341 of this title] may 
be cited as the `Arms Export Control Act'.''


           Eligibility of Panama Under Arms Export Control Act

    Pub. L. 104-164, title I, Sec. 154, July 21, 1996, 110 Stat. 1440, 
provided that: ``The Government of the Republic of Panama shall be 
eligible to purchase defense articles and defense services under the 
Arms Export Control Act (22 U.S.C. 2751 et seq.), except as otherwise 
specifically provided by law.''


         Reports on Counterproliferation Activities and Programs

    Pub. L. 103-337, div. A, title XV, Sec. 1503, Oct. 5, 1994, 108 
Stat. 2916; Pub. L. 104-201, div. A, title XIII, Sec. 1309(d), Sept. 23, 
1996, 110 Stat. 2710; Pub. L. 106-65, div. A, title XV, Sec. 1504(c), 
Oct. 5, 1999, 113 Stat. 808, provided that:
    ``(a) Annual Report Required.--Not later than February 1 of each 
year, the Secretary of Defense shall submit to Congress a report of the 
findings of the Counterproliferation Program Review Committee 
established by subsection (a) of the Review Committee charter.
    ``(b) Content of Report.--Each report under subsection (a) shall 
include the following:
        ``(1) A complete list, by specific program element, of the 
    existing, planned, or newly proposed capabilities and technologies 
    reviewed by the Review Committee pursuant to subsection (c) of the 
    Review Committee charter.
        ``(2) A complete description of the requirements and priorities 
    established by the Review Committee.
        ``(3) A comprehensive discussion of the near-term, mid-term, and 
    long-term programmatic options formulated by the Review Committee 
    for meeting requirements prescribed by the Review Committee and for 
    eliminating deficiencies identified by the Review Committee, 
    including the annual funding requirements and completion dates 
    established for each such option.
        ``(4) An explanation of the recommendations made pursuant to 
    subsection (c) of the Review Committee charter, together with a full 
    discussion of the actions taken to implement such recommendations or 
    otherwise taken on the recommendations.
        ``(5) A discussion and assessment of the status of each Review 
    Committee recommendation during the fiscal year preceding the fiscal 
    year in which the report is submitted, including, particularly, the 
    status of recommendations made during such preceding fiscal year 
    that were reflected in the budget submitted to Congress pursuant to 
    section 1105(a) of title 31, United States Code, in the fiscal year 
    of the report.
        ``(6) Each specific Department of Energy program that the 
    Secretary of Energy plans to develop to initial operating capability 
    and each such program that the Secretary does not plan to develop to 
    initial operating capability.
        ``(7) For each technology program scheduled to reach initial 
    operational capability, a recommendation from the Chairman of the 
    Joint Chiefs of Staff that represents the views of the commanders of 
    the unified and specified commands regarding the utility and 
    requirement of the program.
    ``(c) Forms of Report.--Each such report shall be submitted in both 
unclassified and classified forms, including an annex to the classified 
report for special compartmented information programs, special access 
programs, and special activities programs.
    ``(d) Review Committee Charter Defined.--For purposes of this 
section, the term `Review Committee charter' means section 1605 of the 
National Defense Authorization Act for Fiscal Year 1994 [Pub. L. 103-
160] (22 U.S.C. 2751 note).
    ``(e) Termination of Requirement.--The final report required under 
subsection (a) is the report for the year following the year in which 
the Counterproliferation Program Review Committee established under the 
Review Committee Charter ceases to exist.''


                      Arab League Boycott of Israel

    Pub. L. 103-236, title V, Sec. 564, Apr. 30, 1994, 108 Stat. 484, as 
amended by Pub. L. 103-415, Sec. 1(l), Oct. 25, 1994, 108 Stat. 4301, 
provided that:
    ``(a) Prohibition.--No defense article or defense service may be 
sold or leased by the United States Government to any country or 
international organization that, as a matter of policy or practice, is 
known to have sent letters to United States firms requesting compliance 
with, or soliciting information regarding compliance with, the Arab 
League secondary or tertiary boycott of Israel, unless the President 
determines, and so certifies to the appropriate congressional 
committees, that that country or organization does not currently 
maintain a policy or practice of making such requests or solicitations.
    ``(b) Waiver.--
        ``(1) 1-year waiver.--On or after the effective date of this 
    section, the President may waive, for a period of 1 year, the 
    application of subsection (a) with respect to any country or 
    organization if the President determines, and reports to the 
    appropriate congressional committees, that--
            ``(A) such waiver is in the national interest of the United 
        States, and such waiver will promote the objectives of this 
        section to eliminate the Arab boycott; or
            ``(B) such waiver is in the national security interest of 
        the United States.
        ``(2) Extension of waiver.--If the President determines that the 
    further extension of a waiver will promote the objectives of this 
    section, the President, upon notification of the appropriate 
    congressional committees, may grant further extensions of such 
    waiver for successive 12-month periods.
        ``(3) Termination of waiver.--The President may, at any time, 
    terminate any waiver granted under this subsection.
    ``(c) Definitions.--As used in this section--
        ``(1) the term `appropriate congressional committees' means the 
    Committee on Foreign Relations of the Senate and the Committee on 
    Foreign Affairs [now Committee on International Relations] of the 
    House of Representatives; and
    ``(2) the terms `defense article' and `defense service' have the 
meanings given to such terms by paragraphs (3) and (4), respectively, of 
section 47 of the Arms Export Control Act [22 U.S.C. 2794(3), (4)].
    ``(d) Effective Date.--This section shall take effect 1 year after 
the date of enactment of this Act [Apr. 30, 1994].''
    [Memorandum of President of the United States, Apr. 24, 1997, 62 
F.R. 24797, delegated to Secretary of State functions of President under 
section 564 of Public Law 103-236, set out above.]
    [Certifications and determinations relating to suspension of 
application by President under section 564 of Pub. L. 103-236, set out 
above, were contained in the following:
    [Determination of President of the United States, No. 96-23, Apr. 
30, 1996, 61 F.R. 26029.
    [Determination of President of the United States, No. 95-20, May 1, 
1995, 60 F.R. 22245.]


        Counterproliferation Policy and Programs of United States

    Pub. L. 103-160, div. A, title XVI, Secs. 1603, 1605, 1607, Nov. 30, 
1993, 107 Stat. 1843, 1845, 1847, as amended by Pub. L. 103-337, div. A, 
title XV, Secs. 1502, 1505(a), (b), Oct. 5, 1994, 108 Stat. 2914, 2919; 
Pub. L. 104-106, div. A, title XV, Sec. 1504(b), Feb. 10, 1996, 110 
Stat. 513; Pub. L. 104-201, div. A, title XIII, Sec. 1309(a)-(c), Sept. 
23, 1996, 110 Stat. 2710; Pub. L. 106-65, div. A, title IX, 
Sec. 911(a)(1), title XV, Sec. 1504(a), (b), Oct. 5, 1999, 113 Stat. 
717, 808, provided that:
``SEC. 1603. STUDIES RELATING TO UNITED STATES COUNTERPROLIFERATION 
        POLICY.
    ``(a) Authorization To Conduct Studies.--The Secretary of Defense 
may conduct studies and analysis programs in support of the 
counterproliferation policy of the United States.
    ``(b) Counterproliferation Studies.--Studies and analysis programs 
under this section may include programs intended to explore defense 
policy issues that might be involved in efforts to prevent and counter 
the proliferation of weapons of mass destruction and their delivery 
systems. Such efforts include--
        ``(1) enhancing United States military capabilities to deter and 
    respond to terrorism, theft, and proliferation involving weapons of 
    mass destruction;
        ``(2) cooperating in international programs to enhance military 
    capabilities to deter and respond to terrorism, theft, and 
    proliferation involving weapons of mass destruction; and
        ``(3) otherwise contributing to Department of Defense 
    capabilities to deter, identify, monitor, and respond to such 
    terrorism, theft, and proliferation involving weapons of mass 
    destruction.
    ``(c) Designation of Coordinator.--The Under Secretary of Defense 
for Policy, subject to the supervision and control of the Secretary of 
Defense, shall coordinate the policy studies and analysis of the 
Department of Defense on countering proliferation of weapons of mass 
destruction and their delivery systems.
    ``(d) Report.--Not later than April 30 of each year, the Secretary 
of Defense shall submit to the appropriate congressional committees a 
report on the activities carried out under subsection (a). Each report 
shall set forth for the twelve-month period ending on the last day of 
the month preceding the month in which the report is due the following:
        ``(1) A description of the studies and analysis carried out.
        ``(2) The amounts spent for such studies and analysis.
        ``(3) The organizations that conducted the studies and analysis.
        ``(4) An explanation of the extent to which such studies and 
    analysis contribute to the counterproliferation policy of the United 
    States and United States military capabilities to deter and respond 
    to terrorism, theft, and proliferation involving weapons of mass 
    destruction.
        ``(5) A description of the measures being taken to ensure that 
    such studies and analysis within the Department of Defense are 
    managed effectively and coordinated comprehensively.
``SEC. 1605. JOINT COMMITTEE FOR REVIEW OF COUNTERPROLIFERATION PROGRAMS 
        OF THE UNITED STATES.
    ``(a) Establishment.--(1) There is hereby established a 
Counterproliferation Program Review Committee composed of the following 
members:
        ``(A) The Secretary of Defense.
        ``(B) The Secretary of Energy.
        ``(C) The Director of Central Intelligence.
        ``(D) The Chairman of the Joint Chiefs of Staff.
    ``(2) The Secretary of Defense shall chair the committee. The 
Secretary of Energy shall serve as the Vice Chairman of the committee.
    ``(3) A member of the committee may designate a representative to 
perform routinely the duties of the member. A representative shall be in 
a position of Deputy Assistant Secretary or a position equivalent to or 
above the level of Deputy Assistant Secretary. A representative of the 
Chairman of the Joint Chiefs of Staff shall be a person in a grade 
equivalent to that of Deputy Assistant Secretary of Defense.
    ``(4) The Secretary of Defense may delegate to the Under Secretary 
of Defense for Acquisition, Technology, and Logistics the performance of 
the duties of the Chairman of the committee. The Secretary of Energy may 
delegate to the Under Secretary of Energy responsible for national 
security programs of the Department of Energy the performance of the 
duties of the Vice Chairman of the committee.
    ``(5) The Assistant to the Secretary of Defense for Nuclear and 
Chemical and Biological Defense Programs shall serve as executive 
secretary to the committee, except that during any period during which 
that position is vacant the Assistant Secretary of Defense for Strategy 
and Threat Reduction shall serve as the executive secretary.
    ``(b) Purposes of the Committee.--The purposes of the committee are 
as follows:
        ``(1) To optimize funding for, and ensure the development and 
    deployment of--
            ``(A) highly effective technologies and capabilities for the 
        detection, monitoring, collection, processing, analysis, and 
        dissemination of information in support of United States 
        counterproliferation policy and efforts, including efforts to 
        stem the proliferation of weapons of mass destruction and to 
        negate paramilitary and terrorist threats involving weapons of 
        mass destruction; and
            ``(B) disabling technologies in support of such policy.
        ``(2) To identify and eliminate undesirable redundancies or 
    uncoordinated efforts in the development and deployment of such 
    technologies and capabilities.
        ``(3) To establish priorities for programs and funding.
        ``(4) To encourage and facilitate interagency and 
    interdepartmental funding of programs in order to ensure necessary 
    levels of funding to develop, operate, and field highly-capable 
    systems.
        ``(5) To ensure that Department of Energy programs are 
    integrated with the operational needs of other departments and 
    agencies of the Government.
        ``(6) To ensure that Department of Energy national security 
    programs include technology demonstrations and prototype development 
    of equipment.
    ``(c) Duties.--The committee shall--
        ``(1) identify and review existing and proposed capabilities and 
    technologies for support of United States nonproliferation policy 
    and counterproliferation policy with regard to--
            ``(A) intelligence;
            ``(B) battlefield surveillance;
            ``(C) passive defenses;
            ``(D) active defenses; and
            ``(E) counterforce capabilities;
        ``(2) prescribe requirements and priorities for the development 
    and deployment of highly effective capabilities and technologies;
        ``(3) identify deficiencies in existing capabilities and 
    technologies;
        ``(4) formulate near-term, mid-term, and long-term programmatic 
    options for meeting requirements established by the committee and 
    eliminating deficiencies identified by the committee; and
        ``(5) assess each fiscal year the effectiveness of the committee 
    actions during the preceding fiscal year, including, particularly, 
    the status of recommendations made during such preceding fiscal year 
    that were reflected in the budget submitted to Congress pursuant to 
    section 1105(a) of title 31, United States Code, for the fiscal year 
    following the fiscal year in which the assessment is made.
    ``(d) Access to Information.--The committee shall have access to 
information on all programs, projects, and activities of the Department 
of Defense, the Department of State, the Department of Energy, the 
intelligence community, and the Arms Control and Disarmament Agency that 
are pertinent to the purposes and duties of the committee.
    ``(e) Recommendations.--The committee shall submit to the President 
and the heads of all appropriate departments and agencies of the 
Government such programmatic recommendations regarding existing, 
planned, or new programs as the committee considers appropriate to 
encourage funding for capabilities and technologies at the level 
necessary to support United States counterproliferation policy.
    ``(f) Termination of Committee.--The committee shall cease to exist 
at the end of September 30, 2004.
``SEC. 1607. DEFINITIONS.
    ``For purposes of this subtitle [subtitle A, Secs. 1601-1607, of 
title XVI of div. A of Pub. L. 103-160, amending section 5859a of this 
title and enacting this note]:
        ``(1) The term `appropriate congressional committees' means--
            ``(A) the Committee on Armed Services, the Committee on 
        Appropriations, the Committee on Foreign Relations, and the 
        Select Committee on Intelligence of the Senate; and
            ``(B) the Committee on Armed Services [now Committee on 
        National Security], the Committee on Appropriations, the 
        Committee on Foreign Affairs [now Committee on International 
        Relations], and the Permanent Select Committee on Intelligence 
        of the House of Representatives.
        ``(2) The term `intelligence community' has the meaning given 
    such term in section 3 of the National Security Act of 1947 (50 
    U.S.C. 401a).''
    [For abolition, transfer of functions, and treatment of references 
to United States Arms Control and Disarmament Agency, see section 6511 
et seq. of this title.]


          Restriction on Arms Sales to Saudi Arabia and Kuwait

    Pub. L. 102-229, title I, Sec. 104, Dec. 12, 1991, 105 Stat. 1707, 
provided that:
    ``(a) No funds appropriated or otherwise made available by this or 
any other Act may be used in any fiscal year to conduct, support, or 
administer any sale of defense articles or defense services to Saudi 
Arabia or Kuwait until that country has paid in full, either in cash or 
in mutually agreed in-kind contributions, the following commitments made 
to the United States to support Operation Desert Shield/Desert Storm:
        ``(1) In the case of Saudi Arabia, $16,839,000,000.
        ``(2) In the case of Kuwait, $16,006,000,000.
    ``(b) For purposes of this section, the term `any sale' means any 
sale with respect to which the President is required to submit a 
numbered certification to the Congress pursuant to the Arms Export 
Control Act [22 U.S.C. 2751 et seq.] on or after the effective date of 
this section.
    ``(c) This section shall take effect 120 days after the date of 
enactment of this joint resolution [Dec. 12, 1991].
    ``(d) Any military equipment of the United States, including battle 
tanks, armored combat vehicles, and artillery, included within the 
Conventional Forces in Europe Treaty definition of `conventional 
armaments and equipment limited by the Treaty', which may be transferred 
to any other NATO country shall be subject to the notification 
procedures stated in section 523 of Public Law 101-513 [104 Stat. 2007] 
and in section 634A of the Foreign Assistance Act of 1961 [22 U.S.C. 
2394-1].''


 Annual Report on Proliferation of Missiles and Essential Components of 
                Nuclear, Biological, and Chemical Weapons

    Pub. L. 102-190, div. A, title X, Sec. 1097, Dec. 5, 1991, 105 Stat. 
1489, as amended by Pub. L. 104-106, div. A, title XV, Secs. 1502(c)(3), 
1504(d), Feb. 10, 1996, 110 Stat. 507, 514; Pub. L. 106-65, div. A, 
title X, Sec. 1067(9), Oct. 5, 1999, 113 Stat. 774, provided that:
    ``(a) Report Required.--(1) The President shall submit to the 
Committee on Armed Services and the Committee on International Relations 
of the House of Representatives and the Committees on Armed Services and 
Foreign Relations of the Senate an annual report on the transfer by any 
country of weapons, technology, or materials that can be used to 
deliver, manufacture, or weaponize nuclear, biological, or chemical 
weapons (hereinafter in this section referred to as `NBC weapons') to 
any country other than a country referred to in subsection (d) that is 
seeking to acquire such weapons, technology, or materials, or other 
system that the Secretary of Defense has reason to believe could be used 
to deliver NBC weapons.
    ``(2) The first such report shall be submitted not later than 90 
days after the date of the enactment of this Act [Dec. 5, 1991].
    ``(b) Matters To Be Covered.--Each such report shall cover--
        ``(1) the transfer of all aircraft, cruise missiles, artillery 
    weapons, unguided rockets and multiple rocket systems, and related 
    bombs, shells, warheads and other weaponization technology and 
    materials that the Secretary has reason to believe may be intended 
    for the delivery of NBC weapons;
        ``(2) international transfers of MTCR equipment or technology to 
    any country that is seeking to acquire such equipment or any other 
    system that the Secretary has reason to believe may be used to 
    deliver NBC weapons; and
        ``(3) the transfer of technology, test equipment, radioactive 
    materials, feedstocks and cultures, and all other specialized 
    materials that the Secretary has reason to believe could be used to 
    manufacture NBC weapons.
    ``(c) Content of Report.--Each such report shall include the 
following:
        ``(1) The status of missile, aircraft, and other weapons 
    delivery and weaponization programs in any such country, including 
    efforts by such country to acquire MTCR equipment, NBC-capable 
    aircraft, or any other weapon or major weapon component which is 
    dedicated to the delivery of NBC weapons, whose primary use is the 
    delivery of NBC weapons, or that the Secretary has reason to believe 
    could be used to deliver NBC weapons.
        ``(2) The status of NBC weapons development, manufacture, and 
    deployment programs in any such country, including efforts to 
    acquire essential test equipment, manufacturing equipment and 
    technology, weaponization equipment and technology, and radioactive 
    material, feedstocks or components of feedstocks, and biological 
    cultures and toxins.
        ``(3) A description of assistance provided by any person or 
    government, after the date of the enactment of this Act [Dec. 5, 
    1991], to any such country in the development of--
            ``(A) missile systems, as defined in the MTCR or that the 
        Secretary has reason to believe may be used to deliver NBC 
        weapons;
            ``(B) aircraft and other delivery systems and weapons that 
        the Secretary has reason to believe could be used to deliver NBC 
        weapons; and
            ``(C) NBC weapons.
        ``(4) A listing of those persons and countries which continue to 
    provide such equipment or technology described in paragraph (3) to 
    any country as of the date of submission of the report.
        ``(5) A description of the diplomatic measures that the United 
    States, and that other adherents to the MTCR and other agreements 
    affecting the acquisition and delivery of NBC weapons, have made 
    with respect to activities and private persons and governments 
    suspected of violating the MTCR and such other agreements.
        ``(6) An analysis of the effectiveness of the regulatory and 
    enforcement regimes of the United States and other countries that 
    adhere to the MTCR and other agreements affecting the acquisition 
    and delivery of NBC weapons in controlling the export of MTCR and 
    other NBC weapons and delivery system equipment or technology.
        ``(7) A summary of advisory opinions issued under section 
    11B(b)(4) of the Export Administration Act of 1979 (50 U.S.C. App. 
    2401b(b)(4)) [50 App. U.S.C. 2410b(b)(4)] and under section 73(d) of 
    the Arms Export Control Act (22 U.S.C. 2797b(d)).
        ``(8) An explanation of United States policy regarding the 
    transfer of MTCR equipment or technology to foreign missile 
    programs, including programs involving launches of space vehicles.
    ``(d) Exclusions.--The countries excluded under subsection (a) are 
Australia, Belgium, Canada, Denmark, France, Germany, Greece, Iceland, 
Israel, Italy, Japan, Luxembourg, the Netherlands, Norway, Portugal, 
Spain, Turkey, the United Kingdom, and the United States.
    ``(e) Classification of Report.--The President shall make every 
effort to submit all of the information required by this section in 
unclassified form. Whenever the President submits any such information 
in classified form, he shall submit such classified information in an 
addendum and shall also submit concurrently a detailed summary, in 
unclassified form, of that classified information.
    ``(f) Definitions.--For purposes of this section:
        ``(1) The terms `missile', `MTCR', and `MTCR equipment or 
    technology' have the meanings given those terms in section 74 of the 
    Arms Export Control Act (22 U.S.C. 2797c).
        ``(2) The term `weaponize' or `weaponization' means to 
    incorporate into, or the incorporation into, usable ordnance or 
    other militarily useful means of delivery.
    ``(g) Repeal of Superseded Law.--Section 1704 of the National 
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 
Stat. 1749; 22 U.S.C. 2797 [22 U.S.C. 2797 note]) is repealed.''
    [Ex. Ord. No. 12851, Sec. 2(c), June 11, 1993, 58 F.R. 33181, set 
out as a note under section 2797 of this title, delegated to Secretary 
of State authority and duties of the President to make certain reports 
to Congress as provided in section 1097 of the National Defense 
Authorization Act for Fiscal Years 1992 and 1993, Pub. L. 102-190, set 
out above.]


                       Conventional Arms Transfers

    Pub. L. 99-83, title I, Sec. 129, Aug. 8, 1985, 99 Stat. 206, 
directed President, at the earliest possible date, in consultation with 
United States allies, to initiate discussions with the Soviet Union and 
France aimed at beginning multilateral negotiations to limit and control 
the transfer of conventional arms to less developed countries, and, 
within one year after Aug. 8, 1985, submit to Speaker of House of 
Representatives and chairman of Committee on Foreign Relations of Senate 
a report which specifies steps being taken to fulfill such requirements 
and which examines and analyzes, among specified matters, United States 
policies concerning the export of conventional arms, especially 
sophisticated weapons, and possible approaches to developing 
multilateral limitations on conventional arms sales.


 Termination of Nonrecurring Activities Under Foreign Assistance Act of 
               1961 and This Chapter and Removal From Law

    Section 734(c) of Pub. L. 97-113 provided that: ``Except as 
otherwise explicitly provided by their terms, amendments to the Foreign 
Assistance Act of 1961 [22 U.S.C. 2151 et seq.] and the Arms Export 
Control Act [this chapter] which are applicable only to a single fiscal 
or calendar year or which require reports or other actions on a 
nonrecurring basis shall be deemed to have expired and shall be removed 
from law upon the expiration of the applicable time periods for the 
fulfillment of the required actions.''


 Report to Congress by President on Multilateral Discussions Concerning 
                          Arms Transfer Policy

    Section 15(b) of Pub. L. 95-384 directed President, not later than 
Dec. 31, 1979, to transmit to Congress a detailed report assessing 
results and commenting on implications of multilateral discussion 
referred to in paragraph added to this section by section 15(a) of Pub. 
L. 95-384, relating to adherence to a policy of restraint in 
conventional arms transfer, prior to repeal by Pub. L. 97-113, title 
VII, Sec. 734(a)(12), Dec. 29, 1981, 95 Stat. 1560.


Report by President on Review of Arms Sales Controls on Non-Lethal Items

    Section 25 of Pub. L. 95-384 directed President, within 120 days 
after Sept. 26, 1978, to report in writing to Speaker of House of 
Representatives and chairman of Committee on Foreign Relations of Senate 
the results of the review conducted pursuant to Pub. L. 95-92, Sec. 27, 
Aug. 4, 1977, 91 Stat. 626, set out below, prior to repeal by Pub. L. 
97-113, title VII, Sec. 734(a)(12), Dec. 29, 1981, 95 Stat. 1560.


  Report by President on Impact of Foreign Arms Sales and Transfers to 
Foreign Governments on Defense Readiness and National Security of United 
                                 States

    Pub. L. 95-92, Sec. 23, Aug. 4, 1977, 91 Stat. 624, set forth 
provisions respecting Presidential report on impact of United States 
foreign arms sales and transfers on defense readiness and national 
security, prior to repeal by Pub. L. 95-384, Sec. 29(c)(2)(B), Sept. 26, 
1978, 92 Stat. 747.


  Study by President of National Security and Military Implications of 
 International Transfers of Technology; Scope of Study; Utilization of 
                   Executive Departments and Agencies

    Pub. L. 95-92, Sec. 24, Aug. 4, 1977, 91 Stat. 624, as amended by 
Pub. L. 97-113, title VII, Sec. 734(a)(13), Dec. 29, 1981, 95 Stat. 
1560, directed President to conduct a comprehensive study of policies 
and practices of United States Government with respect to national 
security and military implications of international transfers of 
technology in order to determine whether such policies and practices 
should be changed, with President to utilize resources and expertise of 
Arms Control and Disarmament Agency, Department of State, Department of 
Defense, Department of Commerce, National Science Foundation, Office of 
Science and Technology Policy, and such other entities within the 
Executive branch as he deemed necessary.


    Statement of Policy Regarding United States Arms Sales to Israel

    Pub. L. 95-92, Sec. 26, Aug. 4, 1977, 91 Stat. 625, provided that: 
``In accordance with the historic special relationship between the 
United States and Israel and previous agreements and continuing 
understandings, the Congress joins with the President in reaffirming 
that a policy of restraint in United States arms transfers, including 
arms sales ceilings, shall not impair Israel's deterrent strength or 
undermine the military balance in the Middle East.''


Review by President of Categories and Arms Sales Controls on Lethal and 
                            Non-Lethal Items

    Pub. L. 95-92, Sec. 27, Aug. 4, 1977, 91 Stat. 626, directed 
President to undertake a review of all regulations relating to arms 
control for the purpose of defining and categorizing lethal and non-
lethal products and establishing the appropriate level of control for 
each category.


 Study of United States Arms Sales Policies and Practices by President; 
                           Report to Congress

    Section 202(b) of Pub. L. 94-329 set forth provisions respecting 
study and report to Congress of United States arms sales policies and 
practices, prior to repeal by Pub. L. 95-384, Sec. 29(c)(1)(A), Sept. 
26, 1978, 92 Stat. 747.


   Presidential Report Regarding Sales of Excess Defense Articles to 
           Foreign Governments and International Organizations

    Section 217 of Pub. L. 94-329 set forth provisions respecting report 
by the President of all sales under this chapter of excess defense 
articles to foreign governments and international organizations, prior 
to repeal by Pub. L. 95-384, Sec. 29(c)(1)(B), Sept. 26, 1978, 92 Stat. 
747.


 Study by Secretaries of State and Defense on Consequences of Enactment 
                    of Arms Export Control Provisions

    Section 218 of Pub. L. 94-329 set forth provisions respecting study 
by the Secretaries of State and Defense on consequences of enactment of 
arms export control provisions by title II of Pub. L. 94-329, prior to 
repeal by Pub. L. 95-384, Sec. 29(c)(1)(C), Sept. 26, 1978, 92 Stat. 
747.


    Total Number of Credits To Be Extended Between July 1, 1976, and 
                           September 30, 1976

    Section 506(b) of Pub. L. 94-329 provided that the total number of 
credits extended pursuant to this chapter, between July 1, 1976, and 
Sept. 30, 1976, not exceed an amount equal to one-fourth of the total 
amount of credits extended and guaranteed for fiscal year 1976.


  Additional Military and Civilian Personnel for Department of Defense

    Pub. L. 94-329, title VI, Sec. 605(a), June 30, 1976, 90 Stat. 768, 
provided that: ``Nothing in this Act [see Short Title of 1976 Amendment 
note set out under section 2151 of the title] is intended to authorize 
any additional military or civilian personnel for the Department of 
Defense for the purposes of this Act, the Foreign Assistance Act of 1961 
[section 2151 et seq. of this title], or the Arms Export Control Act 
[this chapter]. Personnel levels authorized in statutes authorizing 
appropriations for military and civilian personnel of the Department of 
Defense shall be controlling over all military and civilian personnel of 
the Department of Defense assigned to carry out functions under the Arms 
Export Control Act and the Foreign Assistance Act of 1961.''


    Sales to the Middle East; Requests for Additional Appropriations

    Section 5 of Pub. L. 91-672 provided that: ``It is the sense of 
Congress that (1) the President should continue to press forward 
urgently with his efforts to negotiate with the Soviet Union and other 
powers a limitation on arms shipments to the Middle East, (2) the 
President should be supported in his position that arms will be made 
available and credits provided to Israel and other friendly states, to 
the extent that the President determines such assistance to be needed in 
order to meet threats to the security and independence of such states, 
and (3) if the authorization provided in the Foreign Military Sales Act, 
as amended [this chapter], should prove to be insufficient to effectuate 
this stated policy, the President should promptly submit to the Congress 
requests for an appropriate supplementary authorization and 
appropriation.''


     Review of Military Aid Programs and Efforts for Regulation of 
                         Conventional Arms Trade

    Section 6 of Pub. L. 91-672 provided that: ``It is the sense of the 
Congress that--
        ``(1) the President should immediately institute a thorough and 
    comprehensive review of the military aid programs of the United 
    States, particularly with respect to the military assistance and 
    sales operations of the Department of Defense, and
        ``(2) the President should take such actions as may be 
    appropriate--
            ``(A) to initiate multilateral discussions among the United 
        States, the Union of Soviet Socialist Republics, Great Britain, 
        France, West Germany, Italy and other countries on the control 
        of the worldwide trade in armaments,
            ``(B) to commence a general debate in the United Nations 
        with respect to the control of the conventional arms trade, and
            ``(C) to use the power and prestige of his office to signify 
        the intention of the United States to work actively with all 
        nations to check and control the international sales and 
        distribution of conventional weapons of death and destruction.''

                        Executive Order No. 11501

    Ex. Ord. No. 11501, Dec. 22, 1969, 34 F.R. 20169, as amended by Ex. 
Ord. No. 11685, Sept. 25, 1972, 37 F.R. 20155, which related to the 
administration of this chapter, was revoked by Ex. Ord. No. 11958, Jan. 
18, 1977, 42 F.R. 4311, set out below.

              Ex. Ord. No. 11958. Administration of Chapter

    Ex. Ord. No. 11958, Jan. 18, 1977, 42 F.R. 4311, as amended by Ex. 
Ord. No. 12118, Feb. 6, 1979, 44 F.R. 7939; Ex. Ord. No. 12163, Sept. 
29, 1979, 44 F.R. 56673; Ex. Ord. No. 12210, Apr. 16, 1980, 45 F.R. 
26313; Ex. Ord. No. 12321, Sept. 14, 1981, 46 F.R. 46109; Ex. Ord. No. 
12365, May 24, 1982, 47 F.R. 22933; Ex. Ord. No. 12423, May 26, 1983, 48 
F.R. 24025; Ex. Ord. No. 12560, May 24, 1986, 51 F.R. 19159; Ex. Ord. 
No. 12680, July 5, 1989, 54 F.R. 28995; Ex. Ord. No. 12738, Sec. 7, Dec. 
14, 1990, 55 F.R. 52035; Ex. Ord. No. 13030, Sec. 2, Dec. 12, 1996, 61 
F.R. 66187; Ex. Ord. No. 13091, Sec. 1, June 29, 1998, 63 F.R. 36153; 
Ex. Ord. No. 13118, Sec. 10(8), Mar. 31, 1999, 64 F.R. 16598, provided:
    By virtue of the authority vested in me by the Constitution and 
statutes of the United States of America, including the Arms Export 
Control Act, as amended (22 U.S.C. 2751 et seq.), and Section 301 of 
Title 3 of the United States Code, and as President of the United States 
of America, it is hereby ordered as follows:
    Section 1. Delegation of Functions. The following functions 
conferred upon the President by the Arms Export Control Act (22 U.S.C. 
2751 et seq.), hereinafter referred to as the Act, and related 
legislation, are delegated as follows:
    (a) Those under Section 3 of the Act [22 U.S.C. 2753], with the 
exception of subsections (a)(1), (b), (c)(3), (c)(4), and (f) to the 
Secretary of State: Provided, That the Secretary of State, in the 
implementation of the functions delegated to him under Sections 3(a) and 
(d) of the Act, is authorized to find, in the case of a proposed 
transfer of a defense article or related training or other defense 
service by a foreign country or international organization not otherwise 
eligible under Section 3(a)(1) of the Act, whether the proposed transfer 
will strengthen the security of the United States and promote world 
peace.
    (b) Those under Section 5 [22 U.S.C. 2755] to the Secretary of 
State.
    (c) Those under Section 21 of the Act [22 U.S.C. 2761], with the 
exception of the last sentence of subsection (d) and all of subsection 
(i) [22 U.S.C. 2761(d), (i)], to the Secretary of Defense.
    (d) Those under Sections 22(a), 29, 30 and 30A of the Act [22 U.S.C. 
2762(a), 2769, 2770, 2770a] to the Secretary of Defense.
    (e) Those under Section 23 of the Act [22 U.S.C. 2763] and section 
571 of the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1990 (Public Law 101-167) [22 U.S.C. 2763 note], to 
the Secretary of Defense, to be exercised in consultation with the 
Secretary of State and the Secretary of the Treasury, except that the 
President shall determine any rate of interest to be charged which is 
less than the market rate of interest.
    (f) Those under Sections 24, 27, and 28 of the Act [22 U.S.C. 2764, 
2767, former 2768] to the Secretary of Defense. The Secretary of 
Defense, in implementing the functions delegated to him under Sections 
24 and 27 [22 U.S.C. 2764, 2767], shall consult with the Secretary of 
State and the Secretary of the Treasury.
    (g) Those under Section 25 of the Act [22 U.S.C. 2765] to the 
Secretary of State. The Secretary of Defense and the Director of the 
Arms Control and Disarmament Agency, within their respective areas of 
responsibility, shall assist the Secretary of State in the preparation 
of materials for presentation to the Congress under that Section.
    (h) Those under Section 34 of the Act [22 U.S.C. 2774] to the 
Secretary of State. To the extent the standards and criteria for credit 
and guaranty transactions are based upon national security and financial 
policies, the Secretary of State shall obtain the prior concurrence of 
the Secretary of Defense and the Secretary of the Treasury, 
respectively.
    (i) Those under Section 35(a) of the Act [22 U.S.C. 2775(a)] to the 
Secretary of State.
    (j) Those under Sections 36(a) and 36(b)(1) of the Act [22 U.S.C. 
2776(a), (b)(1)], except with respect to the certification of an 
emergency as provided by subsection (b)(1), to the Secretary of Defense. 
The Secretary of Defense, in the implementation of the functions 
delegated to him under Sections 36(a) and (b)(1) shall consult with the 
Secretary of State, who shall, with respect to matters related to 
subparagraphs (D) and (I) of Section 36(b)(1), consult with the Director 
of the Arms Control and Disarmament Agency. With respect to those 
functions under Sections 36(a)(5) and (6), the Secretary of Defense 
shall consult with the Director of the Office of Management and Budget.
    (k) Those under Sections 36(c) and (d) of the Act [22 U.S.C. 
2776(c), (d)] to the Secretary of State. Those under Section 36(e) of 
the Act, as added by Public Law 104-164 with respect to transmittals 
pursuant to Section 36(b) to the Secretary of Defense, and with respect 
to transmittals pursuant to Section 36(c), to the Secretary of State.
    (l) Those under Section 38 of the Act [22 U.S.C. 2778]:
    (1) to the Secretary of State, except as otherwise provided in this 
subsection. Designations, including changes in designations, by the 
Secretary of State of items or categories of items which shall be 
considered as defense articles and defense services subject to export 
control under Section 38 shall have the concurrence of the Secretary of 
Defense. The authority to undertake activities to ensure compliance with 
established export conditions may be redelegated to the Secretary of 
Defense, or to the head of another department or agency as appropriate, 
which shall exercise such functions in consultation with the Secretary 
of State;
    (2) to the Secretary of the Treasury, to the extent they relate to 
the control of the import of defense articles and defense services. In 
carrying out such functions, the Secretary of the Treasury shall be 
guided by the views of the Secretary of State on matters affecting world 
peace, and the external security and foreign policy of the United 
States. Designations including changes in designations, by the Secretary 
of the Treasury of items or categories of items which shall be 
considered as defense articles and defense services subject to import 
control under Section 38 of the Act [22 U.S.C. 2778] shall have the 
concurrence of the Secretary of State and the Secretary of Defense;
    (3) to the Secretary of Commerce, to carry out on behalf of the 
Secretary of State, to the extent such functions involve Section 38(e) 
of the Act [22 U.S.C. 2778(e)] and are agreed to by the Secretary of 
State and the Secretary of Commerce.
    (m) Those under Section 39(b) of the Act [22 U.S.C. 2779(b)] to the 
Secretary of State. In carrying out such functions, the Secretary of 
State shall consult with the Secretary of Defense as may be necessary to 
avoid interference in the application of Department of Defense 
regulations to sales made under Section 22 of the Act [22 U.S.C. 2762].
    (n) Those under Section 40A of the Act [22 U.S.C. 2785], as added by 
Public Law 104-164, to the Secretary of State insofar as they relate to 
commercial exports licensed under the Act, and to the Secretary of 
Defense insofar as they relate to defense articles and defense services 
sold, leased, or transferred under the Foreign Military Sales Program.
    (o) Those under Section 40A of the Act [22 U.S.C. 2781], as added by 
the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 
104-132), to the Secretary of State.
    (p) Those under Sections 42(c) and (f) of the Act [22 U.S.C. 
2791(c), (f)] to the Secretary of Defense. The Secretary of Defense 
shall obtain the concurrence of the Secretary of State and the Secretary 
of the Treasury on any determination proposed under the authority of 
Section 42(c) of the Act [22 U.S.C. 2791(c)].
    (q) Those under Sections 52(b) and 53 of the Act [22 U.S.C. 
2795a(b), former 2795b] to the Secretary of Defense.
    (r) Those under Sections 61 and 62(a) of the Act [22 U.S.C. 2796, 
2796a(a)] to the Secretary of Defense.
    (s) Those under Section 2(b)(6) of the Export-Import Bank Act of 
1945 (12 U.S.C. 635(b)(6)) to the Secretary of State.
    (t) Those under Section 588(b) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1989 (Public Law 
100-461) [Oct. 1, 1988, 102 Stat. 2268-51], to the Secretary of Defense, 
except with respect to the determination of an emergency as provided by 
subsection (b)(3). The Secretary of Defense in implementation of the 
functions delegated to him under section 588(b) shall consult with the 
Secretary of State.
    Sec. 2. Coordination. (a) In addition to the specific provisions of 
Section 1 of this Order, the Secretary of State and the Secretary of 
Defense, in carrying out the functions delegated to them under this 
Order, shall consult with each other and with the heads of other 
departments and agencies, including the Secretary of the Treasury, and 
the Chairman of the Export-Import Bank, on matters pertaining to their 
responsibilities.
    (b) In accordance with Section 2(b) of the Act [22 U.S.C. 2752(b)] 
and under the directions of the President, the Secretary of State, 
taking into account other United States activities abroad, shall be 
responsible for the continuous supervision and general direction of 
sales and exports under the Act, including but not limited to, the 
negotiation, conclusion, and termination of international agreements, 
and determining whether there shall be a sale to a country and the 
amount thereof, and whether there shall be delivery or other performance 
under such sale or export, to the end that sales and exports are 
integrated with other United States activities and the foreign policy of 
the United States is best served thereby.
    Sec. 3. Allocation of Funds. Funds appropriated to the President for 
carrying out the Act shall be deemed to be allocated to the Secretary of 
Defense without any further action of the President.
    Sec. 4. Revocation. Executive Order No. 11501, as amended, is 
revoked; except that, to the extent consistent with this Order, all 
determinations, authorizations, regulations, rulings, certificates, 
orders, directives, contracts, agreements, and other actions made, 
issued, taken or entered into under the provisions of Executive Order 
No. 11501, as amended, and not revoked, superseded or otherwise made 
inapplicable, shall continue in full force and effect until amended, 
modified or terminated by appropriate authority.
    [For abolition, transfer of functions, and treatment of references 
to United States Arms Control and Disarmament Agency, see section 6511 
et seq. of this title.]
