
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: 22USC2779]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 39--ARMS EXPORT CONTROL
 
                SUBCHAPTER III--MILITARY EXPORT CONTROLS
 
Sec. 2779. Fees of military sales agents


(a) Adequate and timely reports to Secretary of State; maintenance of 
        records

     In accordance with such regulations as he may prescribe, the 
Secretary of State shall require adequate and timely reporting on 
political contributions, gifts, commissions and fees paid, or offered or 
agreed to be paid, by any person in connection with--
        (1) sales of defense articles or defense services under section 
    2762 of this title, or of design and construction services under 
    section 2769 of this title; or
        (2) commercial sales of defense articles or defense services 
    licensed or approved under section 2778 of this title;

to or for the armed forces of a foreign country or international 
organization in order to solicit, promote, or otherwise to secure the 
conclusion of such sales. Such regulations shall specify the amounts and 
the kinds of payments, offers, and agreements to be reported, and the 
form and timing of reports, and shall require reports on the names of 
sales agents and other persons receiving such payments. The Secretary of 
State shall by regulation require such recordkeeping as he determines is 
necessary.

(b) Presidential regulation

    The President may, by regulation, prohibit, limit, or prescribe 
conditions with respect to such contributions, gifts, commissions, and 
fees as he determines will be in furtherance of the purposes of this 
chapter.

(c) Allocation to contract; improper influence

    No such contribution, gift, commission, or fee may be included, in 
whole or in part, in the amount paid under any procurement contract 
entered into under section 2762 or section 2769 of this title, unless 
the amount thereof is reasonable, allocable to such contract, and not 
made to a person who has solicited, promoted, or otherwise secured such 
sale, or has held himself out as being able to do so, through improper 
influence. For the purposes of this section, ``improper influence'' 
means influence, direct or indirect, which induces or attempts to induce 
consideration or action by any employee or officer of a purchasing 
foreign government or international organization with respect to such 
purchase on any basis other than such consideration of merit as are 
involved in comparable United States procurements.

(d) Availability of records to Congress and Federal agencies

    (1) All information reported to the Secretary of State and all 
records maintained by any person pursuant to regulations prescribed 
under this section shall be available, upon request, to any standing 
committee of the Congress or any subcommittee thereof and to any agency 
of the United States Government authorized by law to have access to the 
books and records of the person required to submit reports or to 
maintain records under this section.
    (2) Access by an agency of the United States Government to records 
maintained under this section shall be on the same terms and conditions 
which govern the access by such agency to the books and records of the 
person concerned.

(Pub. L. 90-629, ch. 3, Sec. 39, as added Pub. L. 94-329, title VI, 
Sec. 604(b), June 30, 1976, 90 Stat. 767; amended Pub. L. 96-533, title 
I, Sec. 105(e)(2), Dec. 16, 1980, 94 Stat. 3135.)


                               Amendments

    1980--Subsec. (a)(1). Pub. L. 96-533, Sec. 105(e)(2)(A), inserted 
reference to sales of design and construction services under section 
2769 of this title.
    Subsec. (c). Pub. L. 96-533, Sec. 105(e)(2)(B), inserted reference 
to section 2769 of this title.


                             Effective Date

    Section effective 60 days after June 30, 1976, see section 604(c) of 
Pub. L. 94-329, set out as note under section 2776 of this title.

                         Delegation of Functions

    Functions of President under subsec. (b) of this section delegated 
to Secretary of State, with Secretary of State required to consult with 
Secretary of Defense to avoid interference in application of Department 
of Defense regulations to sales made under section 2762 of this title, 
by section 1(m) 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 2776, 2778 of this title.
