22 U.S.C. § 2797 | Licensing

(a)

Establishment of list of controlled items

1 See References in Text note below.

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 4605()  of title 50.

(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) 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), 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

April 17, 1987Within 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 .

Pub. L. 90–629 Pub. L. 101–510, div. A, title XVII, § 1703Nov. 5, 1990104 Stat. 1745 Pub. L. 103–236, title VIIApr. 30, 1994108 Stat. 497 Pub. L. 105–277, div. GOct. 21, 1998112 Stat. 2681–773 Pub. L. 106–280, title VII, § 708(c)Oct. 6, 2000114 Stat. 863(, ch. 7, § 71, as added , , ; amended , §§ 714(a)(3)–(6), 735(c), , , 506; , subdiv. A, title XII, § 1225(a)(4)–(7), , ; , , .)

Editorial Notes

References in Text

lPub. L. 115–232, div. A, title XVII, § 1766(a)Aug. 13, 2018132 Stat. 2232Section 4605() of title 50, referred to in subsec. (a), was repealed by , , .

Pub. L. 90–629Oct. 22, 196882 Stat. 1321 section 2751 of this titleThis chapter, referred to in subsec. (d), was in the original “this Act”, meaning , , , which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 106–2802000—Subsec. (d). 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,”.

Pub. L. 105–277, § 1225(a)(4)1998—Subsec. (a). , struck out “, the Director of the Arms Control and Disarmament Agency,” after “Secretary of Defense”.

Pub. L. 105–277, § 1225(a)(5)Subsec. (b)(1). , struck out “and the Director of the United States Arms Control and Disarmament Agency” after “Secretary of Defense”.

Pub. L. 105–277, § 1225(a)(6)Subsec. (b)(2). , 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”.

Pub. L. 105–277, § 1225(a)(7)Subsec. (c). , struck out “with the Director of the United States Arms Control and Disarmament Agency,” after “Director of Central Intelligence,”.

Pub. L. 103–236, § 714(a)(3)1994—Subsec. (a). , inserted “, the Director of the Arms Control and Disarmament Agency,” after “the Secretary of Defense”.

Pub. L. 103–236, § 714(a)(4)Subsec. (b)(1). , inserted “and the Director of the United States Arms Control and Disarmament Agency” after “Secretary of Defense”.

Pub. L. 103–236, § 714(a)(5)Subsec. (b)(2). , 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”.

Pub. L. 103–236, § 714(a)(6)Subsec. (c). , inserted “with the Director of the United States Arms Control and Disarmament Agency,” after “Director of Central Intelligence,”.

Pub. L. 103–236, § 735(c)Subsec. (d). , added subsec. (d).

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 108–458 section 3001 of Title 50Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of , set out as a note under , War and National Defense.

Effective Date of 1998 Amendment

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

Policy and Sense of Congress on Nonproliferation of Ballistic Missiles

Pub. L. 108–375, div. A, title XII, § 1212Oct. 28, 2004118 Stat. 2087

“(a)

Findings .—

Congress makes the following findings:

“(1)

Certain countries are seeking to acquire ballistic missiles and related technologies that could be used to attack the United States or place at risk United States interests, deployed members of the Armed Forces, and allies of the United States and other friendly foreign countries.

“(2)

Certain countries continue to actively transfer or sell ballistic missile technologies in contravention of standards of behavior established by the United States and allies of the United States and other friendly foreign countries.

“(3)

The spread of ballistic missiles and related technologies worldwide has been slowed by a combination of national and international export controls, forward-looking diplomacy, and multilateral interdiction activities to restrict the development and transfer of such missiles and technologies.

“(b)

Policy .—

It is the policy of the United States to develop, support, and strengthen international accords and other cooperative efforts to curtail the proliferation of ballistic missiles and related technologies which could threaten the territory of the United States, allies of the United States and other friendly foreign countries, and deployed members of the Armed Forces of the United States with weapons of mass destruction.

“(c)

Sense of Congress .—

It is the sense of Congress that—

“(1)

the United States should vigorously pursue foreign policy initiatives aimed at eliminating, reducing, or retarding the proliferation of ballistic missiles and related technologies; and

“(2)

April 28, 2004 the United States and the international community should continue to support and strengthen established international accords and other cooperative efforts, including United Nations Security Council Resolution 1540 () and the Missile Technology Control Regime, that are designed to eliminate, reduce, or retard the proliferation of ballistic missiles and related technologies.”

, , , provided that:

MTCR Report Transmittals

Pub. L. 106–280, title VII, § 704Oct. 6, 2000114 Stat. 861

22 U.S.C. 2797(d)“For purposes of section 71(d) of the Arms Export Control Act (), 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 [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations and the Committee on Banking, Housing and Urban Affairs of the Senate.”

, , , provided that:

Report on Missile Proliferation

Pub. L. 101–510, div. A, title XVII, § 1704Nov. 5, 1990104 Stat. 1749 Pub. L. 102–190, div. A, title X, § 1097(g)Dec. 5, 1991105 Stat. 1491, , , 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 , , .

Executive Documents

Delegation of Functions

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

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

June 11, 1993Aug. 1, 2019Ex. Ord. No. 12851, , 58 F.R. 33181, as amended by Ex. Ord. No. 13883, § 3, , 84 F.R. 38113, provided:

section 301 of title 3 Public Law 101–510 50 U.S.C. 4602 22 U.S.C. 2797–279 105 Stat. 708 22 U.S.C. 2778 Public Law 102–138 Public Law 102–182 50 U.S.C. 4613 22 U.S.C. 2798 105 Stat. 1326 22 U.S.C. 2751 Public Law 102–190 Public Law 102–484 106 Stat. 2561By the authority vested in me as President by the Constitution and the laws of the United States of America, including , United States Code; sections 1701–1703 of the National Defense Authorization Act for Fiscal Year 1991, (50 U.S.C. App. 2402 note, 2405, 2410b [now note, former 4605, former 4612]; 7c); sections 303, 324 [, 711], and 401–405 [ note] of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993, ; sections 305–308 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991, (50 U.S.C. App. 2410c [now ]; , 5604–5606); sections 241 [] and 1097 [former note] of the National Defense Authorization Act for Fiscal Years 1992 and 1993, ; and section 1364 of the National Defense Authorization Act for Fiscal Year 1993, [], I hereby order as follows:

SectionChemical and Biological Weapons Proliferation and Use SanctionsChemical and Biological Weapons Proliferation22 U.S.C. 2798 50 U.S.C. 4613 1. . (a) . The authority and duties vested in me by section 81 of the Arms Export Control Act, as amended (“AECA”) (), and section 11C of the Export Administration Act of 1979, as amended (“EAA”) (50 U.S.C. App. 2410c) [now ], 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.

Chemical and Biological Weapons Use22 U.S.C. 5604–560(b) . The authority and duties vested in me by sections 306–308 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (6) are delegated to the Secretary of State, except that:

22 U.S.C. 5605(b)(2)(D)(1) The authority and duties vested in me to restrict certain imports as provided in section 307(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.

(4) The authorities and duties vested in me to oppose certain multilateral development bank assistance and to prohibit certain bank loans as provided in section 307(b)(2)(A)–(B), pursuant to a determination made by the Secretary of State under section 307(b)(1), are delegated to the Secretary of the Treasury.

Coordination Among Agencies(c) . 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.

SecMissile Proliferation SanctionsArms Export Control Act22 U.S.C. 2797a–279. 2. . (a) . The authority and duties vested in me by sections 72–73 of the AECA (7b) are delegated to the Secretary of State, except that:

50 U.S.C. 4601(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 [ 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.

Export Administration Act50 U.S.C. 4612(b) . The authority and duties vested in me by section 11B of the EAA (50 U.S.C. App. 2410b) [now ] are delegated to the Secretary of Commerce, except that:

22 U.S.C. 2751(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 [ 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.

Reporting Requirements22 U.S.C. 2751 Pub. L. 102–484 106 Stat. 2561(c) . 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 [former note] and section 1364 of the National Defense Authorization Act for Fiscal Year 1993 [, ] are delegated to the Secretary of State.

Coordination Among Agencies(d) . 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.

SecArms Control in the Middle East22 U.S.C. 2778. 3. . The certification and reporting functions vested in me by sections 403 and 404 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 [ 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.

SecChina and Weapons ProliferationPub. L. 102–138 105 Stat. 709. 4. . 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 [, , 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.

SecArrow Tactical Anti-Missile ProgramPub. L. 102–190 105 Stat. 1327. 5. . 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 [, ] are delegated to the Secretary of State.

SecDelegations. 6. . The functions delegated herein may be redelegated as appropriate. Regulations necessary to carry out the functions delegated herein may be issued as appropriate.

SecPriorityJune 25, 1991. 7. . This order supercedes the Memorandum of the President, “Delegation of Authority Regarding Missile Technology Proliferation,” . To the extent that this order is inconsistent with any provisions of any prior Executive order or Presidential memorandum, this order shall control.

[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.]