22 U.S.C. § 2375 | Assistance to Pakistan

(a)

Congressional policy, findings, and goals

The Congress recognizes that Soviet forces occupying Afghanistan pose a security threat to Pakistan. The Congress also recognizes that an independent and democratic Pakistan with continued friendly ties with the United States is in the interest of both nations. The Congress finds that United States assistance will help Pakistan maintain its independence. Assistance to Pakistan is intended to benefit the people of Pakistan by helping them meet the burdens imposed by the presence of Soviet forces in Afghanistan and by promoting economic development. In authorizing assistance to Pakistan, it is the intent of Congress to promote the expeditious restoration of full civil liberties and representative government in Pakistan. The Congress further recognizes that it is in the mutual interest of Pakistan and the United States to avoid the profoundly destabilizing effects of the proliferation of nuclear explosive devices or the capacity to manufacture or otherwise acquire nuclear devices.

(b)

Reaffirmation of 1959 bilateral agreement

The United States reaffirms the commitment made in its 1959 bilateral agreement with Pakistan relating to aggression from a Communist or Communist-dominated state.

(c)

Availability; defensive aspects of assistance

Security assistance for Pakistan shall be made available in order to assist Pakistan in dealing with the threat to its security posed by the Soviet presence in Afghanistan. The United States will take appropriate steps to ensure that defense articles provided by the United States to Pakistan are used for defensive purposes.

(d)

Waiver of limitations respecting nuclear transfers

section 2799aa of this titleThe President may waive the prohibitions of with respect to any grounds for the prohibition of assistance under that section arising before the effective date of part B of the Nuclear Proliferation Prevention Act of 1994 to provide assistance to Pakistan if he determines that to do so is in the national interest of the United States.

(e)

Nuclear non-proliferation conditions on military assistance; exception

(1)

No military assistance shall be furnished to Pakistan and no military equipment or technology shall be sold or transferred to Pakistan, pursuant to the authorities contained in this chapter or any other Act, unless the President shall have certified in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, during the fiscal year in which military assistance is to be furnished or military equipment or technology is to be sold or transferred, that Pakistan does not possess a nuclear explosive device and that the proposed United States military assistance program will reduce significantly the risk that Pakistan will possess a nuclear explosive device.

(2)

The prohibitions in this section do not apply to any assistance or transfer provided for the purposes of:

(A)

International narcotics control (including part VIII of subchapter I of this chapter) or any provision of law available for providing assistance for counternarcotics purposes.

(B)

Facilitating military-to-military contact, training (including part V of subchapter II of this chapter) and humanitarian and civic assistance projects.

(C)

Peacekeeping and other multilateral operations (including part VI of subchapter II of this chapter relating to peacekeeping) or any provision of law available for providing assistance for peacekeeping purposes, except that lethal military equipment provided under this subparagraph shall be provided on a lease or loan basis only and shall be returned upon completion of the operation for which it was provided.

(D)

Antiterrorism assistance (including part VIII of subchapter II of this chapter relating to antiterrorism assistance) or any provision of law available for antiterrorism assistance purposes.

(3)

The restrictions of this subsection shall continue to apply to contracts for the delivery of F–16 aircraft to Pakistan.

(4)

October 1, 1990 Notwithstanding the restrictions contained in this subsection, military equipment, technology, or defense services, other than F–16 aircraft, may be transferred to Pakistan pursuant to contracts or cases entered into before .

(f)

Storage costs

October 1, 1990ProvidedThe President may release the Government of Pakistan of its contractual obligation to pay the United States Government for the storage costs of items purchased prior to , but not delivered by the United States Government pursuant to subsection (e) and may reimburse the Government of Pakistan for any such amount paid, on such terms and conditions as the President may prescribe: , That such payments have no budgetary impact.

(g)

Inapplicability of restrictions to previously owned items

October 1, 1990ProvidedSubsection (e) does not apply to broken, worn or unupgraded items or their equivalent which Pakistan paid for and took possession of prior to and which the Government of Pakistan sent to the United States for repair or upgrade. Such equipment or its equivalent may be returned to the Government of Pakistan: , That the President determines and so certifies to the appropriate congressional committees that such equipment or equivalent neither constitutes nor has received any significant qualitative upgrade since being transferred to the United States and that its total value does not exceed $25,000,000.

(h)

Ballistic missile sanctions not affected

section 4612 of title 50 section 2797b of this titleNothing contained herein shall affect sanctions for transfers of missile equipment or technology required under or .

Pub. L. 87–195 Pub. L. 97–113, title VII, § 736Dec. 29, 198195 Stat. 1561 Pub. L. 99–83, title IX, § 902Aug. 8, 198599 Stat. 267 Pub. L. 100–202, § 101(e) [title V, § 557]Dec. 22, 1987101 Stat. 1329–131 Pub. L. 101–167, title V, § 591Nov. 21, 1989103 Stat. 1253 Pub. L. 101–513, title V, § 574(a)Nov. 5, 1990104 Stat. 2042 Pub. L. 102–145, § 118 Pub. L. 102–266, § 102Apr. 1, 1992106 Stat. 93 Pub. L. 102–391, title V, § 570(a)Oct. 6, 1992106 Stat. 1681 Pub. L. 103–87, title V, § 536(a)Sept. 30, 1993107 Stat. 955 Pub. L. 103–236, title VIII, § 822(b)(2)Apr. 30, 1994108 Stat. 512 Pub. L. 104–107, title V, § 559(a)Feb. 12, 1996110 Stat. 743(, pt. III, § 620E, as added , , ; amended , , ; , , , 1329–170; , , ; , , ; , as added , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Apr. 30, 1994section 831 of Pub. L. 103–236 section 6301 of this titleFor effective date of part B of the Nuclear Proliferation Prevention Act of 1994, referred to in subsec. (d), as the date 60 days after , see , set out as an Effective Date note under .

Pub. L. 87–195Sept. 4, 196175 Stat. 424 section 2151 of this titleThis chapter, referred to in subsec. (e), was in the original “this Act”, meaning , , , known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

Pub. L. 102–145June 19, 1991Pub. L. 102–145, § 118 Pub. L. 102–266, § 102Apr. 1, 1992106 Stat. 93 Section 118 of Pub. L. 102–145 Pub. L. 102–145 section 574 of Pub. L. 101–513Amendment by is based on section 572(a) of H.R. 2621, One Hundred Second Congress, 1st Session, as passed by the House of Representatives on , which was enacted into law by , as added by , , . provided that the authority and conditions provided in such section 572 shall be applicable to funds appropriated by (and are hereby enacted) in lieu of the authority and conditions provided in . See 1990, 1991, and 1992 Amendment notes below.

Amendments

Pub. L. 104–107, § 559(a)(1)1996—Subsec. (e). , designated existing provisions as par. (1), substituted “military assistance” for “assistance” wherever appearing, and added par. (2).

Pub. L. 104–107, § 559(a)(2)Subsecs. (f) to (h). , added subsecs. (f) to (h).

Pub. L. 103–236 section 2429 of this titleDecember 29, 1981September 30, 19941994—Subsec. (d). amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The President may waive the prohibitions of at any time during the period beginning on , and ending on , to provide assistance to Pakistan during that period if he determines that to do so is in the national interest of the United States.”

Pub. L. 103–87September 30, 1994September 30, 1994September 30, 19931993—Subsec. (d). , which directed the substitution of “” for the date specified in subsec. (d), was executed by substituting “” for “”. See 1992 Amendment note below.

Pub. L. 102–391September 30, 1993September 30, 1993April 1, 19931992—Subsec. (d). , which directed the substitution of “” for the date specified in subsec. (d), was executed by substituting “” for “”. See 1991 Amendment note below.

Pub. L. 102–266 Pub. L. 102–145, § 118 added . See 1991 Amendment note below.

Pub. L. 102–145, § 118 Pub. L. 102–266April 1, 1993April 1, 1991Pub. L. 101–513, § 574(a)April 1, 1993April 1, 19921991—Subsec. (d). , as added by , which directed the amendment of subsec. (d) by substituting “” for “” in lieu of amendment by , was executed by substituting “” for “” to reflect the probable intent of Congress. See Codification note above and 1990 Amendment note below.

Pub. L. 101–513April 1, 1992April 1, 19911990—Subsec. (d). substituted “” for “”.

Pub. L. 101–167April 1, 1991April 1, 19901989—Subsec. (d). substituted “” for “”.

Pub. L. 100–202April 1, 1990September 30, 19871987—Subsec. (d). substituted “” for “”.

Pub. L. 99–831985—Subsec. (e). added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Pub. L. 103–236Apr. 30, 1994section 831 of Pub. L. 103–236 section 6301 of this titleAmendment by effective 60 days after , see , set out as an Effective Date note under .

Effective Date of 1985 Amendment

Pub. L. 99–83Oct. 1, 1985section 1301 of Pub. L. 99–83 section 2151–1 of this titleAmendment by effective , see , set out as a note under .

Strategy for the United States Relationship With Pakistan

Pub. L. 110–53, title XX, § 2042(a)Aug. 3, 2007121 Stat. 520–523

“(a)

Congressional Findings .—

Congress finds the following:

“(1)

A democratic, stable, and prosperous Pakistan that is a full and reliable partner in the struggle against the Taliban, al Qaeda, and other terrorist groups, and is a responsible steward of its nuclear weapons and technology, is vital to the national security of the United States.

“(2)

September 11, 2001 Since , the Government of Pakistan has been a critical ally and an important partner in removing the Taliban regime in Afghanistan and combating al Qaeda.

“(3)

Pakistan has made great sacrifices in the shared struggle against al Qaeda-affiliated terrorist groups, engaging in military operations that have led to the deaths of hundreds of Pakistani security personnel and enduring acts of terrorism that have killed hundreds of Pakistani civilians.

“(4)

Publicly-stated goals of the Government of Pakistan and the national interests of the United States are in close agreement in many areas, including—

“(A)

curbing the proliferation of nuclear weapons technology;

“(B)

combating poverty and corruption;

“(C)

enabling effective government institutions, including public education;

“(D)

promoting democracy and the rule of law, particularly at the national level;

“(E)

addressing the continued presence of Taliban and other violent extremist forces throughout the country;

“(F)

maintaining the authority of the Government of Pakistan in all parts of its national territory;

“(G)

securing the borders of Pakistan to prevent the movement of militants and terrorists into other countries and territories; and

“(H)

effectively dealing with violent extremism.

“(5)

The opportunity exists for shared effort in helping to achieve correlative goals with the Government of Pakistan, particularly—

“(A)

increased United States assistance to Pakistan, as appropriate, to achieve progress in meeting the goals of subparagraphs (A) through (C) of paragraph (4);

“(B)

increased commitment on the part of the Government of Pakistan to achieve the goals of paragraph (4)(D), particularly given continued concerns, based on the conduct of previous elections, regarding whether parliamentary elections scheduled for 2007 will be free, fair, and inclusive of all political parties and carried out in full accordance with internationally-recognized democratic norms; and

“(C)

increased commitment on the part of the Government of Pakistan to take actions described in paragraph (4)(E), particularly given—

“(i)

September 21, 2006 the continued operation of the Taliban’s Quetta shura, as noted by then-North Atlantic Treaty Organization Supreme Allied Commander General James Jones in testimony before the Senate Foreign Relations Committee on ; and

“(ii)

the continued operation of al Qaeda affiliates Lashkar-e Taiba and Jaish-e Muhammad, sometimes under different names, as demonstrated by the lack of meaningful action taken against Hafiz Muhammad Saeed, Maulana Masood Azhar, and other known leaders and members of such terrorist organizations; and

“(D)

increased commitment on the part of the Government of the United States in regard to working with all elements of Pakistan [sic] society in helping to achieve the correlative goals described in subparagraphs (A) through (H) of paragraph (4).

“(b)

Statements of Policy .—

The following shall be the policy of the United States:

“(1)

To maintain and deepen its friendship and long-term strategic relationship with Pakistan.

“(2)

To work with the Government of Pakistan to combat international terrorism, especially in the frontier provinces of Pakistan, and to end the use of Pakistan as a safe haven for terrorist groups, including those associated with al Qaeda or the Taliban.

“(3)

To support robust funding for programs of the United States Agency for International Development and the Department of State that assist the Government of Pakistan in working toward the goals described in subsection (a)(4), as the Government of Pakistan demonstrates a clear commitment to building a moderate, democratic state.

“(4)

To work with the international community to secure additional financial and political support to effectively implement the policies set forth in this subsection.

“(5)

To facilitate a just resolution of the dispute over the territory of Kashmir, to the extent that such facilitation is invited and welcomed by the Governments of Pakistan and India and by the people of Kashmir.

“(6)

To facilitate greater communication and cooperation between the Governments of Afghanistan and Pakistan for the improvement of bilateral relations and cooperation in combating terrorism in both countries.

“(7)

To work with the Government of Pakistan to dismantle existing proliferation networks and prevent the proliferation of nuclear technology.

“(c)

Strategy Relating to Pakistan.—

“(1)

Requirement for report on strategy .—

Aug. 3, 2007Not later than 90 days after the date of the enactment of this Act [], the President shall transmit to the appropriate congressional committees a report that describes the long-term strategy of the United States to engage with the Government of Pakistan to achieve the goals described in subparagraphs (A) through (H) of subsection (a)(4) and to carry out the policies described in subsection (b).

“(2)

Form .—

The report required by paragraph (1) shall be transmitted in unclassified form, but may include a classified annex, if necessary.

“(d)

Limitation on United States Security Assistance to Pakistan.—

“(1)

Limitation .—

22 U.S.C. 2311 22 U.S.C. 2763 22 U.S.C. 2751For fiscal year 2008, United States assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 ( et seq.) or section 23 of the Arms Export Control Act () may not be provided to, and a license for any item controlled under the Arms Export Control Act ( et seq.) may not be approved for, Pakistan until the President transmits to the appropriate congressional committees a report that contains a determination of the President that the Government of Pakistan—

“(A)

is committed to eliminating from Pakistani territory any organization such as the Taliban, al Qaeda, or any successor, engaged in military, insurgent, or terrorist activities in Afghanistan;

“(B)

is undertaking a comprehensive military, legal, economic, and political campaign to achieving the goal described in subparagraph (A); and

“(C)

is currently making demonstrated, significant, and sustained progress toward eliminating support or safe haven for terrorists.

“(2)

Memorandum of justification .—

The President shall include in the report required by paragraph (1) a memorandum of justification setting forth the basis for the President’s determination under paragraph (1).

“(3)

Form .—

The report required by paragraph (1) and the memorandum of justification required by paragraph (2) shall be transmitted in unclassified form, but may include a classified annex, if necessary.

“(e)

Nuclear Proliferation.—

“(1)

Congressional finding .—

Congress finds that the maintenance by any country of a procurement or supply network for the illicit proliferation of nuclear and missile technologies would be inconsistent with that country being considered an ally of the United States.

“(2)

Sense of congress .—

It is the sense of Congress that the national security interest of the United States will best be served if the United States develops and implements a long-term strategy to improve the United States relationship with Pakistan and works with the Government of Pakistan to stop nuclear proliferation.

“(f)

Authorization of Appropriations.—

“(1)

In general .—

There is authorized to be appropriated to the President such sums as may be necessary to provide assistance described in subsection (d)(1) for Pakistan for fiscal year 2008 in accordance with the requirements of subsection (d)(1).

“(2)

Other funds .—

Amounts authorized to be appropriated under this subsection are in addition to amounts otherwise available for such purposes.

“(3)

Declaration of policy .—

Congress declares that the amount of funds appropriated pursuant to the authorization of appropriations under paragraph (1) and for subsequent fiscal years shall be determined by the extent to which the Government of Pakistan displays demonstrable progress in—

“(A)

preventing al Qaeda and other terrorist organizations from operating in the territory of Pakistan, including eliminating terrorist training camps or facilities, arresting members and leaders of terrorist organizations, and countering recruitment efforts;

“(B)

preventing the Taliban from using the territory of Pakistan as a sanctuary from which to launch attacks within Afghanistan, including by arresting Taliban leaders, stopping cross-border incursions, and countering recruitment efforts; and

“(C)

implementing democratic reforms, including allowing free, fair, and inclusive elections at all levels of government in accordance with internationally-recognized democratic norms, and respecting the independence of the press and judiciary.

“(4)

Biannual reports to congress.—

“(A)

In general .—

The Secretary of State shall submit to the appropriate congressional committees a biannual report describing in detail the extent to which the Government of Pakistan has displayed demonstrable progress in meeting the goals described in subparagraphs (A) through (C) of paragraph (3).

“(B)

Schedule for submission .—

October 15, 2009The report required by subparagraph (A) shall be submitted not later than April 15 and October 15 of each year until .

“(C)

Form .—

The report required by subparagraph (A) shall be submitted in unclassified form, but may include a classified annex, if necessary.”

–(f), , , provided that:

Pub. L. 110–53 section 2002 of Pub. L. 110–53 section 2151 of this title[For definition of “appropriate congressional committees” as used in section 2042(a)–(f) of , set out above, see , set out as a note under .]

Pub. L. 110–53Sept. 28, 2007section 2228 of this title[Functions of President under section 2042(c)(1), (d) of , set out above, assigned to Secretary of State by Memorandum of President of the United States, , 72 F.R. 56871, set out as a note under .]

Executive Documents

Delegation of Functions

Sept. 29, 1979section 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 .

Nuclear Non-Proliferation Conditions on Assistance for Pakistan

Mar. 28, 1990Determination of President of the United States, No. 90–15, , 55 F.R. 17417, provided:

Memorandum for the Secretary of State

22 U.S.C. 2375(d)22 U.S.C. 2151April 1, 199122 U.S.C. 2429By the authority vested in me as President by the Constitution and laws of the United States of America, including section 620E(d) of the Foreign Assistance Act of 1961, as amended (“the Act”) (), I hereby determine, pursuant to section 620E(d) of the Act, that provision of assistance to Pakistan under the Act [ et seq.] through , is in the national interest of the United States, and therefore waive the prohibitions of section 669 of the Act () with respect to that period.

You are authorized and directed to transmit this determination, together with the statement setting forth specific reasons therefor, to the Congress immediately.

This determination shall be published in the Federal Register.

George Bush.

Prior determinations and certifications were contained in the following:

Oct. 5, 1989Determination of President of the United States, No. 90–1, , 54 F.R. 43797.

Nov. 18, 1988Determination of President of the United States, No. 89–7, , 53 F.R. 49111.

Jan. 15, 1988Determination of President of the United States, No. 88–5, , 53 F.R. 3325.

Dec. 17, 1987Determination of President of the United States, No. 88–4, , 53 F.R. 773.

Oct. 27, 1986Determination of President of the United States, No. 87–3, , 51 F.R. 40301.

Nov. 25, 1985Determination of President of the United States, No. 86–03, , 50 F.R. 50273.

Waiver of Sanctions

Mar. 16, 2000section 2799aa–1 of this titleSanctions contained in subsec. (e) waived in certain regards with respect to India by Determination of President of the United States, No. 2000–18, , 65 F.R. 16297, set out as a note under .

Oct. 27, 1999section 2799aa–1 of this titleSanctions contained in subsec. (e) waived in certain regards by Determination of President of the United States, No. 2000–4, , 64 F.R. 60649, set out as a note under .