Requirements relating to aircraft and other equipment
(a)
Retention of title to aircraft
(1)
In general
(A)
Except as provided in paragraph (2), any aircraft made available to a foreign country under this part, or made available to a foreign country primarily for narcotics-related purposes under any other provision of law, shall be provided only on a lease or loan basis.
(B)
Subparagraph (A) applies to aircraft made available at any time after (which was the date of enactment of the International Narcotics Control Act of 1986).
(2)
Exceptions
(A)
Paragraph (1) shall not apply to the extent that—
(i)
the application of that paragraph with respect to particular aircraft would be contrary to the national interest of the United States; and
(ii)
section 2394–1 of this title the President notifies the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under .
(B)
Paragraph (1) does not apply with respect to aircraft made available to a foreign country under any provision of law that authorizes property that has been civilly or criminally forfeited to the United States to be made available to foreign countries.
(3)
Assistance for leasing of aircraft
(A)
22 U.S.C. 276322 U.S.C. 2796 For purposes of satisfying the requirement of paragraph (1), funds made available for the “Foreign Military Financing Program” under section 23 of the Arms Export Control Act [] may be used to finance the leasing of aircraft under chapter 6 of that Act [ et seq.].
(B)
1 1 See References in Text note below.22 U.S.C. 2796(a)(3)22 U.S.C. 2761(a)(1)(B) Section 61(a)(3) of that Act [] shall not apply with respect to leases so financed; rather the entire cost of any such lease (including any renewals) shall be an initial, one time payment of the amount which would be the sales price for the aircraft if they were sold under section 21(a)(1)(B) or section 22 of that Act [, 2762] (as appropriate).
(C)
22 U.S.C. 279522 U.S.C. 2761(e)(1)22 U.S.C. 2777(a) To the extent that aircraft so leased were acquired under chapter 5 of that Act [ et seq.], funds used pursuant to this paragraph to finance such leases shall be credited to the Special Defense Acquisition Fund under chapter 5 of that Act (excluding the amount of funds that reflects the charges described in section 21(e)(1) of that Act []). The funds described in the parenthetical clause of the preceding sentence shall be available for payments consistent with sections 37(a) and 43(b) of that Act [, 2792(b)].
(b)
Permissible uses of aircraft and other equipment
The President shall take all reasonable steps to ensure that aircraft and other equipment made available to foreign countries under this part are used only in ways that are consistent with the purposes for which such equipment was made available.
Pub. L. 90–62982 Stat. 1320 Pub. L. 103–236, title VII, § 731(e)(2)108 Stat. 503 section 2751 of this titleThe Arms Export Control Act, referred to in subsec. (a)(3), is , , . Chapters 5 and 6 of the Act are classified generally to subchapters V (§ 2795 et seq.) and VI (§ 2796 et seq.), respectively, of chapter 39 of this title. Section 61(a)(3) of the Act was redesignated section 61(a)(4), and a new section 61(a)(3) was added, by , (3), , . For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 102–583, § 4(f)(1)section 635(b)(6)(B) of title 121992—, amended section generally, substituting subsec. (a) for former text which read as follows: “Any aircraft which, at any time after , are made available to a foreign country under this part, or are made available to a foreign country primarily for narcotics-related purposes under any other provision of law, shall be provided only on a lease or loan basis. The requirement of this section does not apply with respect to aircraft made available to a foreign country under or under any provision of law that authorizes property that has been civilly or criminally forfeited to the United States to be made available to foreign countries.”
Pub. L. 101–623section 635(b)(6)(B) of title 121990— inserted at end “The requirement of this section does not apply with respect to aircraft made available to a foreign country under or under any provision of law that authorizes property that has been civilly or criminally forfeited to the United States to be made available to foreign countries.”
22 U.S.C. 2291Not less than 90 days after the date of enactment of this Act [], the President shall implement, under chapter 8 of part I of the Foreign Assistance Act of 1961 ( and following; relating to international narcotics control assistance), a detailed program of instruction to train host country pilots, and other flight crew members, to fly host country aircraft involved in counternarcotics efforts in Andean countries. Such program shall be designed to eliminate direct participation of the United States Government (including participation through the use of either direct hire or contract personnel) in the operation of such aircraft.
“(b)
Requirement for Replacement of United States Government Pilots by Host Country Pilots .—
The President shall ensure that, within 18 months after the date of enactment of this Act [], flight crews composed of host country personnel replace all United States Government pilots and other flight crew members (including both direct hire or contract personnel) for host country aircraft involved in airborne counternarcotics operations in the Andean countries.
“(c)
Aircraft Subject to Requirements .—
22 U.S.C. 2291As used in this section, the term ‘host country aircraft’ means any aircraft made available to an Andean country by the United States Government under chapter 8 of part I of the Foreign Assistance Act of 1961 [ et seq.], or any other provision of law, for use by that country for narcotics-related purposes.”
, , , provided that:
section 13 of Pub. L. 101–623section 2291 of this title[Functions of President under , set out above, delegated to Secretary of State in consultation with Secretary of Defense by Determination of President of the United States, No. 91–20, , 56 F.R. 8681, set out as a note under .]
Executive Documents
Delegation of Functions
section 2381 of this titleFor delegation of functions of President under this section, see Ex. Ord. No. 12163, , 44 F.R. 56673, as amended, set out as a note under .