
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: 22USC2797]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 39--ARMS EXPORT CONTROL
 
 SUBCHAPTER VII--CONTROL OF MISSILES AND MISSILE EQUIPMENT OR TECHNOLOGY
 
Sec. 2797. Licensing


(a) Establishment of list of controlled items

    The Secretary of State, in consultation with the Secretary of 
Defense and the heads of other appropriate departments and agencies, 
shall establish and maintain, as part of the United States Munitions 
List, a list of all items on the MTCR Annex the export of which is not 
controlled under section 2405(l) of title 50, Appendix.

(b) Referral of license applications

    (1) A determination of the Secretary of State to approve a license 
for the export of an item on the list established under subsection (a) 
of this section may be made only after the license application is 
referred to the Secretary of Defense.
    (2) Within 10 days after a license is issued for the export of an 
item on the list established under subsection (a) of this section, the 
Secretary of State shall provide to the Secretary of Defense and the 
Secretary of Commerce the license application and accompanying documents 
issued to the applicant, to the extent that the relevant Secretary 
indicates the need to receive such application and documents.

(c) Information sharing

    The Secretary of State shall establish a procedure for sharing 
information with appropriate officials of the intelligence community, as 
determined by the Director of Central Intelligence, and with other 
appropriate Government agencies, that will ensure effective monitoring 
of transfers of MTCR equipment or technology and other missile 
technology.

(d) Exports to space launch vehicle programs

    Within 15 days after the issuance of a license (including any 
brokering license) for the export of items valued at less than 
$50,000,000 that are controlled under this chapter pursuant to United 
States obligations under the Missile Technology Control Regime and are 
goods or services that are intended to support the design, utilization, 
development, or production of a space launch vehicle system listed in 
Category I of the MTCR Annex, the Secretary shall transmit to the 
Congress a report describing the licensed export and rationale for 
approving such export, including the consistency of such export with 
United States missile nonproliferation policy. The requirement contained 
in the preceding sentence shall not apply to licenses for exports to 
countries that were members of the MTCR as of April 17, 1987.

(Pub. L. 90-629, ch. 7, Sec. 71, as added Pub. L. 101-510, div. A, title 
XVII, Sec. 1703, Nov. 5, 1990, 104 Stat. 1745; amended Pub. L. 103-236, 
title VII, Secs. 714(a)(3)-(6), 735(c), Apr. 30, 1994, 108 Stat. 497, 
506; Pub. L. 105-277, div. G, subdiv. A, title XII, Sec. 1225(a)(4)-(7), 
Oct. 21, 1998, 112 Stat. 2681-773; Pub. L. 106-280, title VII, 
Sec. 708(c), Oct. 6, 2000, 114 Stat. 863.)


                               Amendments

    2000--Subsec. (d). Pub. L. 106-280 substituted ``Within 15 days 
after the issuance of a license (including any brokering license) for 
the export of items valued at less than $50,000,000 that are controlled 
under this chapter pursuant to United States obligations under the 
Missile Technology Control Regime and are goods or services that are 
intended to support the design, utilization, development, or production 
of a space launch vehicle system listed in Category I of the MTCR 
Annex,'' for ``Within 15 days after the issuance of a license for the 
export of items valued at less than $14,000,000 that are controlled 
under this chapter pursuant to United States obligations under the 
Missile Technology Control Regime and intended to support the design, 
development, or production of a space launch vehicle system listed in 
Category I of the MTCR Annex,''.
    1998--Subsec. (a). Pub. L. 105-277, Sec. 1225(a)(4), struck out ``, 
the Director of the Arms Control and Disarmament Agency,'' after 
``Secretary of Defense''.
    Subsec. (b)(1). Pub. L. 105-277, Sec. 1225(a)(5), struck out ``and 
the Director of the United States Arms Control and Disarmament Agency'' 
after ``Secretary of Defense''.
    Subsec. (b)(2). Pub. L. 105-277, Sec. 1225(a)(6), substituted ``and 
the Secretary of Commerce'' for ``the Secretary of Commerce, and the 
Director of the United States Arms Control and Disarmament Agency'' and 
struck out ``or the Director'' after ``the relevant Secretary''.
    Subsec. (c). Pub. L. 105-277, Sec. 1225(a)(7), struck out ``with the 
Director of the United States Arms Control and Disarmament Agency,'' 
after ``Director of Central Intelligence,''.
    1994--Subsec. (a). Pub. L. 103-236, Sec. 714(a)(3), inserted ``, the 
Director of the Arms Control and Disarmament Agency,'' after ``the 
Secretary of Defense''.
    Subsec. (b)(1). Pub. L. 103-236, Sec. 714(a)(4), inserted ``and the 
Director of the United States Arms Control and Disarmament Agency'' 
after ``Secretary of Defense''.
    Subsec. (b)(2). Pub. L. 103-236, Sec. 714(a)(5), substituted ``, the 
Secretary of Commerce, and the Director of the United States Arms 
Control and Disarmament Agency'' for ``and the Secretary of Commerce'' 
and inserted ``or the Director'' after ``relevant Secretary''.
    Subsec. (c). Pub. L. 103-236, Sec. 714(a)(6), inserted ``with the 
Director of the United States Arms Control and Disarmament Agency,'' 
after ``Director of Central Intelligence,''.
    Subsec. (d). Pub. L. 103-236, Sec. 735(c), added subsec. (d).


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-277 effective Apr. 1, 1999, see section 
1201 of Pub. L. 105-277, set out as an Effective Date note under section 
6511 of this title.

                         Delegation of Functions

    Memorandum of President of the United States, June 25, 1991, 56 F.R. 
31041, which provided for delegation of certain functions of the 
President, was superseded by Ex. Ord. No. 12851, Sec. 7, June 11, 1993, 
58 F.R. 33181, set out below.


                        MTCR Report Transmittals

    Pub. L. 106-280, title VII, Sec. 704, Oct. 6, 2000, 114 Stat. 861, 
provided that: ``For purposes of section 71(d) of the Arms Export 
Control Act (22 U.S.C. 2797(d)), the requirement that reports under that 
section shall be transmitted to the Congress shall be considered to be a 
requirement that such reports shall be transmitted to the Committee on 
International Relations of the House of Representatives and the 
Committee on Foreign Relations and the Committee on Banking, Housing and 
Urban Affairs of the Senate.''


                     Report on Missile Proliferation

    Section 1704 of Pub. L. 101-510 directed President to submit to 
Congress reports on international transfers of aircraft which the 
Secretary had reason to believe may be intended to be used for delivery 
of nuclear, biological, or chemical weapons and international transfers 
of MTCR equipment or technology to any country seeking to acquire such 
equipment or technology, and which provided for contents of reports, 
countries excluded from such reports, classification of information, and 
definitions, prior to repeal by Pub. L. 102-190, div. A, title X, 
Sec. 1097(g), Dec. 5, 1991, 105 Stat. 1491. See section 1097 of Pub. L. 
102-190, set out as a note under section 2751 of this title.

 Ex. Ord. No. 12851. Administration of Proliferation Sanctions, Middle 
 East Arms Control, and Related Congressional Reporting Responsibilities

    Ex. Ord. No. 12851, June 11, 1993, 58 F.R. 33181, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including section 301 of title 
3, United States Code; sections 1701-1703 of the National Defense 
Authorization Act for Fiscal Year 1991, Public Law 101-510 (50 U.S.C. 
App. 2402 note, 2405, 2410b; 22 U.S.C. 2797-2797c); sections 303, 324 
[105 Stat. 708, 711], and 401-405 [22 U.S.C. 2778 note] of the Foreign 
Relations Authorization Act, Fiscal Years 1992 and 1993, Public Law 102-
138; sections 305-308 of the Chemical and Biological Weapons Control and 
Warfare Elimination Act of 1991, Public Law 102-182 (50 U.S.C. App. 
2410c; 22 U.S.C. 2798, 5604-5606); sections 241 [105 Stat. 1326] and 
1097 [22 U.S.C. 2751 note] of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993, Public Law 102-190; and section 1364 of the 
National Defense Authorization Act for Fiscal Year 1993, Public Law 102-
484 [106 Stat. 2561], I hereby order as follows:
    Section 1. Chemical and Biological Weapons Proliferation and Use 
Sanctions. (a) Chemical and Biological Weapons Proliferation. The 
authority and duties vested in me by section 81 of the Arms Export 
Control Act, as amended (``AECA'') (22 U.S.C. 2798), and section 11C of 
the Export Administration Act of 1979, as amended (``EAA'') (50 U.S.C. 
App. 2410c), are delegated to the Secretary of State, except that:
    (1) The authority and duties vested in me to deny certain United 
States Government contracts, as provided in section 81(c)(1)(A) of the 
AECA and section 11C(c)(1)(A) of the EAA, pursuant to a determination 
made by the Secretary of State under section 81(a)(1) of the AECA or 
section 11C(a)(1) of the EAA, as well as the authority and duties vested 
in me to make the determinations provided for in section 81(c)(2) of the 
AECA and section 11C(c)(2) of the EAA are delegated to the Secretary of 
Defense. The Secretary of Defense shall notify the Secretary of the 
Treasury of determinations made pursuant to section 81(c)(2) of the AECA 
and section 11(c)(2) [11C(c)(2)] of the EAA.
    (2) The authority and duties vested in me to prohibit certain 
imports as provided in section 81(c)(1)(B) of the AECA and section 
11C(c)(1)(B) of the EAA, pursuant to a determination made by the 
Secretary of State under section 81(a)(1) of the AECA or section 
11C(a)(1) of the EAA, and the obligation to implement the exceptions 
provided in section 81(c)(2) of the AECA and section 11C(c)(2) of the 
EAA, insofar as the exceptions affect imports of goods into the United 
States, are delegated to the Secretary of the Treasury.
    (b) Chemical and Biological Weapons Use. The authority and duties 
vested in me by sections 306-308 of the Chemical and Biological Weapons 
Control and Warfare Elimination Act of 1991 (22 U.S.C. 5604-5606) are 
delegated to the Secretary of State, except that:
    (1) The authority and duties vested in me to restrict certain 
imports as provided in section 307(b)(2)(D) [22 U.S.C. 5605(b)(2)(D)], 
pursuant to a determination made by the Secretary of State under section 
307(b)(1), are delegated to the Secretary of the Treasury.
    (2) The Secretary of State shall issue, transmit to the Congress, 
and notify the Secretary of the Treasury of, as appropriate, waivers 
based upon findings made pursuant to section 307(d)(1)(A)(ii).
    (3) The authority and duties vested in me to prohibit certain 
exports as provided in section 307(a)(5) and section 307(b)(2)(C), 
pursuant to a determination made by the Secretary of State under section 
306(a)(1) and section 307(b)(1), are delegated to the Secretary of 
Commerce.
    (c) Coordination Among Agencies. The Secretaries designated in this 
section shall exercise all functions delegated to them by this section 
in consultation with the Secretary of State, the Secretary of Defense, 
the Secretary of the Treasury, the Secretary of Commerce, the Director 
of the Arms Control and Disarmament Agency, and other departments and 
agencies as appropriate, utilizing the appropriate interagency groups 
prior to any determination to exercise the prohibition authority 
delegated hereby.
    Sec. 2. Missile Proliferation Sanctions. (a) Arms Export Control 
Act. The authority and duties vested in me by sections 72-73 of the AECA 
(22 U.S.C. 2797a-2797b) are delegated to the Secretary of State, except 
that:
    (1) The authority and duties vested in me by section 72(a)(1) to 
make determinations with respect to violations by United States persons 
of the EAA [50 App. U.S.C. 2401 et seq.] are delegated to the Secretary 
of Commerce.
    (2) The authority and duties vested in me to deny certain United 
States Government contracts as provided in sections 73(a)(2)(A)(i) and 
73(a)(2)(B)(i), pursuant to a determination made by the Secretary of 
State under section 73(a)(1), as well as the authority and duties vested 
in me to make the findings provided in sections 72(c), 73(f), and 
73(g)(1), are delegated to the Secretary of Defense. The Secretary of 
State shall issue, transmit to the Congress, and notify the Secretary of 
the Treasury of, as appropriate, any waivers based upon findings made 
pursuant to sections 72(c) and 73(f).
    (3) The authority and duties vested in me to prohibit certain 
imports as provided in section 73(a)(2)(C), pursuant to a determination 
made by the Secretary of State under that section, and the obligation to 
implement the exceptions provided in section 73(g), are delegated to the 
Secretary of the Treasury.
    (b) Export Administration Act. The authority and duties vested in me 
by section 11B of the EAA (50 U.S.C. App. 2410b) are delegated to the 
Secretary of Commerce, except that:
    (1) The authority and duties vested in me by sections 11B(a)(1)(A) 
(insofar as such section authorizes determinations with respect to 
violations by United States persons of the AECA [22 U.S.C. 2751 et 
seq.]), 11B(b)(1) (insofar as such section authorizes determinations 
regarding activities by foreign persons), and 11B(b)(5) are delegated to 
the Secretary of State.
    (2) The authority and duties vested in me to make the findings 
provided in sections 11B(a)(3), 11B(b)(6), and 11B(b)(7)(A) are 
delegated to the Secretary of Defense. The Secretary of Commerce shall 
issue, transmit to the Congress, and notify the Secretary of the 
Treasury of, as appropriate, waivers based upon findings made pursuant 
to section 11B(a)(3). The Secretary of State shall issue, transmit to 
the Congress, and notify the Secretary of the Treasury of, as 
appropriate, waivers based upon findings made pursuant to section 
11B(b)(6).
    (3) The authority and duties vested in me to prohibit certain 
imports as provided in section 11B(b)(1), pursuant to a determination by 
the Secretary of State under that section, and the obligation to 
implement the exceptions provided in section 11B(b)(7), are delegated to 
the Secretary of the Treasury.
    (c) Reporting Requirements. The authority and duties vested in me to 
make certain reports to the Congress as provided in section 1097 of the 
National Defense Authorization Act for Fiscal Years 1992 and 1993 [22 
U.S.C. 2751 note] and section 1364 of the National Defense Authorization 
Act for Fiscal Year 1993 [Pub. L. 102-484, 106 Stat. 2561] are delegated 
to the Secretary of State.
    (d) Coordination Among Agencies. The Secretaries designated in this 
section shall exercise all functions delegated to them by this section 
in consultation with the Secretary of State, the Secretary of Defense, 
the Secretary of the Treasury, the Secretary of Commerce, the Director 
of the Arms Control and Disarmament Agency, and other departments and 
agencies as appropriate, utilizing the appropriate interagency groups 
prior to any determination to exercise prohibition authority delegated 
hereby.
    Sec. 3. Arms Control in the Middle East. The certification and 
reporting functions vested in me by sections 403 and 404 of the Foreign 
Relations Authorization Act, Fiscal Years 1992 and 1993 [22 U.S.C. 2778 
note], are delegated to the Secretary of State. The Secretary of State 
shall exercise these functions in consultation with the Secretary of 
Defense and other agencies as appropriate.
    Sec. 4. China and Weapons Proliferation. The reporting functions 
regarding China and weapons proliferation vested in me by sections 
303(a)(2) and 324 of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 [Pub. L. 102-138, 105 Stat. 709, 711], are delegated 
to the Secretary of State. The Secretary of State shall exercise these 
functions in consultation with the Secretary of Defense and other 
agencies as appropriate.
    Sec. 5. Arrow Tactical Anti-Missile Program. The authority and 
duties vested in me to make certain certifications as provided by 
section 241(b)(3)(C) of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993 [Pub. L. 102-190, 105 Stat. 1327] are 
delegated to the Secretary of State.
    Sec. 6. Delegations. The functions delegated herein may be 
redelegated as appropriate. Regulations necessary to carry out the 
functions delegated herein may be issued as appropriate.
    Sec. 7. Priority. This order supercedes the Memorandum of the 
President, ``Delegation of Authority Regarding Missile Technology 
Proliferation,'' June 25, 1991. To the extent that this order is 
inconsistent with any provisions of any prior Executive order or 
Presidential memorandum, this order shall control.
                                                     William J. Clinton.

    [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.]
