
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: 22USC2799b]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 39--ARMS EXPORT CONTROL
 
SUBCHAPTER IX--TRANSFER OF CERTAIN CFE TREATY-LIMITED EQUIPMENT TO NATO 
                                 MEMBERS
 
Sec. 2799b. Authorities


(a) General authority

    The President may transfer to any NATO/CFE country, in accordance 
with NATO plans, defense articles--
        (1) that are battle tanks, armoured combat vehicles, or 
    artillery included within the CFE Treaty's definition of 
    ``conventional armaments and equipment limited by the Treaty'';
        (2) that were, as of the date of signature of the CFE Treaty, in 
    the stocks of the Department of Defense and located in the CFE 
    Treaty's area of application; and
        (3) that the President determines are not needed by United 
    States military forces within the CFE Treaty's area of application.

(b) Acceptance of NATO assistance in eliminating direct costs of 
        transfers

    In order to eliminate direct costs of facilitating transfers of 
defense articles under subsection (a) of this section, the United States 
may utilize services provided by NATO or any NATO/CFE country, including 
inspection, repair, or transportation services with respect to defense 
articles so transferred.

(c) Acceptance of NATO assistance in meeting certain United States 
        obligations

    In order to facilitate United States compliance with the CFE Treaty-
mandated obligations for destruction of conventional armaments and 
equipment limited by the CFE Treaty, the United States may utilize 
services or funds provided by NATO or any NATO/CFE country.

(d) Authority to transfer on grant basis

    Defense articles may be transferred under subsection (a) of this 
section without cost to the recipient country.

(e) Third country transfers restrictions

    For purposes of sections 2753(a)(2), 2753(a)(3), 2753(c), and 
2753(d) of this title, defense articles transferred under subsection (a) 
of this section shall be deemed to have been sold under this chapter.

(f) Maintenance of military balance in Eastern Mediterranean

    The President shall ensure that transfers by the United States under 
subsection (a) of this section, taken together with transfers by other 
NATO/CFE countries in implementing the CFE Treaty, are of such 
valuations so as to be consistent with the United States policy, 
embodied in section 2373 of this title, of maintaining the military 
balance in the Eastern Mediterranean.

(g) Expiration of authority

                           (1) In general

        Except as provided in paragraph (2), the authority of subsection 
    (a) of this section expires at the end of the 40-month period 
    beginning on the date on which the CFE Treaty enters into force.

                         (2) Transition rule

        Paragraph (1) does not apply with respect to a transfer of 
    defense articles for which notification under section 2799c(a) of 
    this title is submitted before the end of the period described in 
    that paragraph.

(Pub. L. 90-629, ch. 9, Sec. 93, as added Pub. L. 102-228, Sec. 2, Dec. 
12, 1991, 105 Stat. 1691.)

                         Delegation of Functions

    Memorandum of President of the United States, Feb. 13, 1992, 57 F.R. 
6663, provided:
    Memorandum for the Secretary of State and the Secretary of Defense
    By virtue of the authority vested in me by the Constitution and laws 
of the United States of America, including section 301 of title 3 of the 
United States Code, I hereby delegate to the Secretary of Defense the 
functions vested in me by section 93(a) and section 94 of the Arms 
Export Control Act, as amended (the ``Act'') [22 U.S.C. 2799b(a), 
2799c], and to the Secretary of State the functions vested in me by 
section 93(f) of the Act. Consistent with section 2 of the Act [22 
U.S.C. 2752], transfers of defense articles under section 93(a) shall be 
subject to the policy direction of the Secretary of State, including the 
determination of whether such transfers shall occur.
    The Secretary of State is authorized and directed to publish this 
memorandum in the Federal Register.
                                                            George Bush.

                  Section Referred to in Other Sections

    This section is referred to in section 2799c of this title.
