
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2755]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 39--ARMS EXPORT CONTROL
 
   SUBCHAPTER I--FOREIGN AND NATIONAL SECURITY POLICY OBJECTIVES AND 
                               RESTRAINTS
 
Sec. 2755. Discrimination prohibited if based on race, religion, 
        national origin, or sex
        

(a) Congressional declaration of policy

    It is the policy of the United States that no sales should be made, 
and no credits (including participations in credits) or guaranties 
extended to or for any foreign country, the laws, regulations, official 
policies, or governmental practices of which prevent any United States 
person (as defined in section 7701(a)(30) of title 26) from 
participating in the furnishing of defense articles or defense services 
under this chapter on the basis of race, religion, national origin, or 
sex.

(b) Employment of personnel; required contractual provision

    (1) No agency performing functions under this chapter shall, in 
employing or assigning personnel to participate in the performance of 
any such function, whether in the United States or abroad, take into 
account the exclusionary policies or practices of any foreign government 
where such policies or practices are based upon race, religion, national 
origin, or sex.
    (2) Each contract entered into by any such agency for the 
performance of any function under this chapter shall contain a provision 
to the effect that no person, partnership, corporation, or other entity 
performing functions pursuant to such contract, shall, in employing or 
assigning personnel to participate in the performance of any such 
function, whether in the United States or abroad, take into account the 
exclusionary policies or practices of any foreign government where such 
policies or practices are based upon race, religion, national origin, or 
sex.

(c) Report by President; contents

    The President shall promptly transmit reports to the Speaker of the 
House of Representatives and the chairman of the Committee on Foreign 
Relations of the Senate concerning any instance in which any United 
States person (as defined in section 7701(a)(30) of title 26) is 
prevented by a foreign government on the basis of race, religion, 
national origin, or sex, from participating in the performance of any 
sale or licensed transaction under this chapter. Such reports shall 
include (1) a description of the facts and circumstances of any such 
discrimination, (2) the response thereto on the part of the United 
States or any agency or employee thereof, and (3) the result of such 
response, if any.

(d) Congressional request for information from President; information 
        required; 60 day period; failure to supply information; 
        termination or restriction of sale

    (1) Upon the request of the Committee on Foreign Relations of the 
Senate or the Committee on Foreign Affairs of the House of 
Representatives, the President shall, within 60 days after receipt of 
such request, transmit to both such committees a statement, prepared 
with the assistance of the Secretary of State, with respect to the 
country designated in such request, setting forth--
        (A) all the available information about the exclusionary 
    policies or practices of the government of such country when such 
    policies or practices are based upon race, religion, national origin 
    or sex and prevent any such person from participating in the 
    performance of any sale or licensed transaction under this chapter;
        (B) the response of the United States thereto and the results of 
    such response;
        (C) whether, in the opinion of the President, notwithstanding 
    any such policies or practices--
            (i) extraordinary circumstances exist which necessitate a 
        continuation of such sale or licensed transaction, and, if so, a 
        description of such circumstances and the extent to which such 
        sale or licensed transaction should be continued (subject to 
        such conditions as Congress may impose under this section), and
            (ii) on all the facts it is in the national interest of the 
        United States to continue such sale or licensed transaction; and

        (D) such other information as such committee may request.

    (2) In the event a statement with respect to a sale or licensed 
transaction is requested pursuant to paragraph (1) of this subsection 
but is not transmitted in accordance therewith within 60 days after 
receipt of such request, such sale or licensed transaction shall be 
suspended unless and until such statement is transmitted.
    (3)(A) In the event a statement with respect to a sale or licensed 
transaction is transmitted under paragraph (1) of this subsection, the 
Congress may at any time thereafter adopt a joint resolution terminating 
or restricting such sale or licensed transaction.
    (B) Any such resolution shall be considered in the Senate in 
accordance with the provisions of section 601(b) of the International 
Security Assistance and Arms Export Control Act of 1976.
    (C) The term ``certification'', as used in section 601 of such Act, 
means, for the purposes of this paragraph, a statement transmitted under 
paragraph (1) of this subsection.

(Pub. L. 90-629, ch. 1, Sec. 5, as added Pub. L. 94-329, title III, 
Sec. 302(b), June 30, 1976, 90 Stat. 752; amended Pub. L. 95-105, title 
I, Sec. 109(a)(5), Aug. 17, 1977, 91 Stat. 846; Pub. L. 99-514, Sec. 2, 
Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103-236, title I, Sec. 162(f), 
Apr. 30, 1994, 108 Stat. 405; Pub. L. 103-437, Sec. 9(a)(7), Nov. 2, 
1994, 108 Stat. 4588.)

                       References in Text

    Section 601(b) of the International Security Assistance and Arms 
Export Control Act of 1976, referred to in subsec. (d)(3)(B), (C), is 
section 601(b) of Pub. L. 94-329, June 30, 1976, 90 Stat. 729, which 
made provision for expedited procedures in the Senate, and was not 
classified to the Code.


                               Amendments

    1994--Subsec. (d)(1). Pub. L. 103-437 substituted ``Foreign 
Affairs'' for ``International Relations'' in introductory provisions.
    Pub. L. 103-236 substituted ``Secretary of State'' for ``Assistant 
Secretary of State for Human Rights and Humanitarian Affairs'' in 
introductory provisions.
    1986--Subsecs. (a), (c). Pub. L. 99-514 substituted ``Internal 
Revenue Code of 1986'' for ``Internal Revenue Code of 1954'', which for 
purposes of codification was translated as ``title 26'' thus requiring 
no change in text.
    1977--Subsec. (d)(1). Pub. L. 95-105 substituted ``Assistant 
Secretary of State'' for ``Coordinator'' in introductory provisions.

                         Change of Name

    Committee on Foreign Affairs of House of Representatives treated as 
referring to Committee on International Relations of House of 
Representatives by section 1(a) of Pub. L. 104-14, set out as a note 
preceding section 21 of Title 2, The Congress.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-236 applicable with respect to officials, 
offices, and bureaus of Department of State when executive orders, 
regulations, or departmental directives implementing the amendments by 
sections 161 and 162 of Pub. L. 103-236 become effective, or 90 days 
after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. 
L. 103-236, as amended, set out as a note under section 2651a of this 
title.

                         Delegation of Functions

    Functions of President under this section delegated to Secretary of 
State by section 1(b) of Ex. Ord. No. 11958, Jan. 18, 1977, 42 F.R. 
4311, as amended, set out as a note under section 2751 of this title.
