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(b) LIMITATIONS ON TRANSFERS. (1) The President may transfer excess defense articles under this section only if—

(A) such articles are drawn from existing stocks of the Department of Defense;

(B) funds available to the Department of Defense for the procurement of defense equipment are not expended in connection with the transfer;

(D) with respect to a proposed transfer of such articles on a grant basis, such a transfer is preferable to a transfer on a sales basis, after taking into account the potential proceeds from, and likelihood of, such sales, and the comparative foreign policy benefits that may accrue to the United States as the result of a transfer on either a grant or sales basis;

(E) the President determines that the transfer of such articles will not have an adverse impact on the national technology and industrial base and, particularly, will not reduce the opportunities of entities in the national technology and industrial base to sell new or used equipment to the countries to which such articles are transferred; and

(F) the transfer of such articles is consistent with the policy framework for the Eastern Mediterranean established under section 620C of this Act.

(2) Accordingly, for the four-year period beginning on October 1, 1996, and thereafter for the four-year period beginning on October 1, 2000,694 the President shall ensure that excess defense articles offered to Greece and Turkey under this section will be made available consistent with the manner in which the President made available such excess defense articles during the four-year period that began on October 1, 1992, pursuant to section 573(e) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990.695

(1) NO COST TO RECIPIENT COUNTRY.-Excess defense articles may be transferred under this section without cost to the recipient country.

694 Sec. 1211(b) of the Security Assistance Act of 1999 (title XII of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536)), inserted "and thereafter for the four-year period beginning on October 1, 2000," after "October 1, 1996,". 695 Sec. 573(e) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167; (103 Stat. 1246), read as follows:

"(e) MAINTENANCE OF MILITARY BALANCE IN EASTERN MEDITERRANEAN.—

“(1) UNITED STATES POLICY.-The Congress intends that excess defense articles be made available under this section consistent with the United States policy, established by section 841 of the International Cooperation Act of 1989, of maintaining the military balance in the Eastern Mediterranean.

"(2) MAINTENANCE OF BALANCE.-Accordingly, the President shall ensure that, over the three-year period beginning on October 1, 1989, the ratio of―

"(A) the value of excess defense articles made available for Turkey under this section,

"(B) the value of excess defense articles made available for Greece under this section, closely approximates the ratio of

"(i) the amount of foreign military financing provided for Turkey, to "(ii) the amount of foreign military financing provided for Greece. “(3) EXCEPTION TO REQUIREMENT.-This subsection shall not apply if either Greece or Turkey ceases to be eligible to receive excess defense articles under subsection (a).".

(2) PRIORITY.-Notwithstanding any other provision of law, the delivery of excess defense articles under this section to member countries of the North Atlantic Treaty Organization (NATO) on the southern and southeastern flank of NATO and to major non-NATO allies on such southern and southeastern flank shall be given priority to the maximum extent feasible over the delivery of such excess defense articles to other countries.

(d) WAIVER OF REQUIREMENT FOR REIMBURSEMENT OF DEPARTMENT OF DEFENSE EXPENSES.-Section 632(d) shall not apply with respect to transfers of excess defense articles (including transportation and related costs) under this section.

(e) 696 TRANSPORTATION AND RELATED COSTS.—

(1) IN GENERAL.-Except as provided in paragraph (2), funds available to the Department of Defense may not be expended for crating, packing, handling, and transportation of excess defense articles transferred under the authority of this section.

(2) EXCEPTION.-The President may provide for the transportation of excess defense articles without charge to a country for the costs of such transportation if—

(A) it is determined that it is in the national interest of the United States to do so;

696 Sec. 707 of the Security Assistance Act of 2000 (Public Law 106-280; 114 Stat. 862) provided the following:

"SEC. 707. EXCESS DEFENSE ARTICLES FOR MONGOLIA.

"(a) USES FOR WHICH FUNDS ARE AVAILABLE.-Notwithstanding section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during the fiscal years 2001 and 2002, funds available to the Department of Defense may be expended for crating, packing, handling, and transportation of excess defense articles transferred under the authority of section 516 of that Act to Mongolia.

"(b) CONTENT OF CONGRESSIONAL NOTIFICATION.-Each notification required to be submitted under section 516(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(f)) with respect to a proposed transfer of a defense article described in subsection (a) shall include an estimate of the amount of funds to be expended under subsection (a) with respect to that transfer.".

Sec. 1212(a) of the Security Assistance Act of 1999 (title XII of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536)), provided the following:

"(a) USES FOR WHICH FUNDS ARE AVAILABLE.-Notwithstanding section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during each of the fiscal years 2000 and 2001, funds available to the Department of Defense may be expended for crating, packing, handling, and transportation of excess defense articles transferred under the authority of section 516 of that Act to Estonia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Poland, Slovakia, Ukraine, and Uzbekistan.".

Sec. 105 of Public Law 104-164 (110 Stat. 1427), as amended, provided the following: "SEC. 105. EXCESS DEFENSE ARTICLES FOR CERTAIN EUROPEAN COUNTRIES. "Notwithstanding section 516(e) of the Foreign Assistance Act of 1961, as added by this Act, during each of the fiscal years 2002 and 2003, funds available to the Department of Defense may be expended for crating, packing, handling, and transportation of excess defense articles transferred under the authority of section 516 of such Act to countries that are eligible to participate in the Partnership for Peace and that are eligible for assistance under the Support for East European Democracy (SEED) Act of 1989.".

Sec. 589 of the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2174), provided the following: "EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTHERN EUROPEAN COUN TRIES AND CERTAIN OTHER COUNTRIES

"SEC. 589. Notwithstanding section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during each of the fiscal years 2002 and 2003, funds available to the Department of Defense may be expended for crating, packing, handling, and transportation of excess defense articles transferred under the authority of section 516 of such Act to Albania, Bulgaria, Croatia, Estonia, Former Yugoslavia Republic of Macedonia, Georgia, India, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, Slovenia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan: Provided, That section 105 of Public Law 104-164 is amended by striking '2000 and 2001' and inserting ‘2002 and 2003'.”.

(B) the recipient is a developing country receiving less than $10,000,000 of assistance under chapter 5 of this part of this Act (relating to international military_education and training) or section 23 of the Arms Export Control Act (22 U.S.C. 2763; relating to the Foreign Military Financing program) in the fiscal year in which the transportation is provided;

(D) such transportation is accomplished on a space available basis.

(f) 696, 698 ADVANCE NOTIFICATION TO CONGRESS FOR TRANSFER OF CERTAIN EXCESS DEFENSE ARTICLES.

(1) IN GENERAL.-The President may not transfer excess defense articles that are significant military equipment (as defined in section 47(9) of the Arms Export Control Act) or excess defense articles valued (in terms of original acquisition cost) at $7,000,000 or more, under this section or under the Arms Export Control Act (22 U.S.C. 2751 et seq.) until 30 days after the date on which the President has provided notice of the proposed transfer to the congressional committees specified in section 634A(a) in accordance with procedures applicable to reprogramming notifications under that section.

(2) CONTENTS.-Such notification shall include

(A) a statement outlining the purposes for which the article is being provided to the country, including whether such article has been previously provided to such country; (B) an assessment of the impact of the transfer on the military readiness of the United States;

(C) an assessment of the impact of the transfer on the national technology and industrial base and, particularly, the impact on opportunities of entities in the national technology and industrial base to sell new or used equipment to the countries to which such articles are to be transferred; and

(D) a statement describing the current value of such article and the value of such article at acquisition.

(g) 699 AGGREGATE ANNUAL LIMITATION.—

697 Sec. 122 of the Security Assistance Act of 2000 (Public Law 106-280; 114 Stat. 851) struck out "25,000" and inserted in lieu thereof “50,000”.

698 Sec. 1212(b) of the Security Assistance Act of 1999 (title XII of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536)), provided the following:

699 Sec. 1271(a) of the Security Assistance Act of 1999 (title XII of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536), provided the following:

"(a) INAPPLICABILITY OF AGGREGATE ANNUAL LIMITATION ON VALUE OF TRANSFERRED EXCESS DEFENSE ARTICLES.-The value of a vessel transferred to another country on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to authority provided by section 1018(a) of the National Defense Authorization Act for Fiscal Year 2000 shall not be counted for the purposes of section 516(g) of the Foreign Assistance Act of 1961 in the Continued

(1) IN GENERAL.-The aggregate value of excess defense articles transferred to countries under this section in any fiscal year may not exceed $425,000,000.700

(2) EFFECTIVE DATE.-The limitation contained in paragraph (1) shall apply only with respect to fiscal years beginning after fiscal year 1996.

(h) CONGRESSIONAL PRESENTATION DOCUMENTS.-Documents described in subsection (a) justifying the transfer of excess defense articles shall include an explanation of the general purposes of providing excess defense articles as well as a table which provides an aggregate annual total of transfers of excess defense articles in the preceding year by country in terms of offers and actual deliveries and in terms of acquisition cost and current value. Such table shall indicate whether such excess defense articles were provided on a grant or sale basis.

(i) EXCESS COAST GUARD PROPERTY.-For purposes of this section, the term "excess defense articles" shall be deemed to include excess property of the Coast Guard, and the term "Department of Defense" shall be deemed, with respect to such excess property, to include the Coast Guard.

Sec. 517.701 * * *
* [Repealed-1996]

SEC. 517.702 DESIGNATION OF MAJOR NON-NATO ALLIES.

(a) NOTICE TO CONGRESS.-The President shall notify the Congress 703 in writing at least 30 days before

(1) designating a country as a major non-NATO ally for purposes of this Act and the Arms Export Control Act (22 U.S.C. 2751 et seq.); or

(2) terminating such a designation.

(b) INITIAL DESIGNATIONS.-Australia, Egypt, Israel, Japan, the Republic of Korea, and New Zealand shall be deemed to have been so designated by the President as of the effective date of this section, and the President is not required to notify the Congress of such designation of those countries.

Sec. 518.704 *** [Repealed-1996]
Sec. 519.705 *** [Repealed-1996]

aggregate value of excess defense articles transferred to countries under that section in any fiscal year.".

700 Sec. 1213 of the Security Assistance Act of 1999 (title XII of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536)), struck out "$350,000,000" and inserted in lieu thereof "$425,000,000".

701 Formerly at 22 U.S.C. 2321k. Sec. 104(b)(2)(B) of Public Law 104-164 (110 Stat. 1427) repealed sec. 517, relating to the modernization of counternarcotics capabilities of certain countries. The section was originally added by sec. 5 of the International Narcotics Control Act of 1989 (Public Law 101-231; 103 Stat. 1957).

702 22 U.S.C. 2321k. Added by sec. 147(a)(1) of Public Law 104-164 (110 Stat. 1434).

703 On November 12, 1996, the President notified Congress that he designated the Hashemite Kingdom of Jordan as a major non-NATO ally of the United States for purposes of the Foreign Assistance Act and the Arms Export Control Act (Presidential Determination No. 97-4; 61 F.R. 59809).

On January 6, 1998, the President notified Congress that he designated the Republic of Argentina as a major non-NATO ally of the United States for purposes of the Foreign Assistance Act and the Arms Export Control Act (Presidential Determination No. 98-9; 63 F.R. 3635).

704 Formerly at 22 U.S.C. 23211. Sec. 104(b)(2)(B) of Public Law 104-164 (110 Stat. 1427) repealed sec. 518, relating to natural resources and wildlife management. The section was originally added by sec. 533(f) of Public Law 101-513 (104 Stat. 2015).

705 Formerly at 22 U.S.C. 2321m. Sec. 104(b)(2)(B) of Public Law 104-164 (110 Stat. 1427) repealed sec. 519, relating to modernization of military capabilities. The section was originally added by sec. 596 of Public Law 101-513 (104 Stat. 2061).

Sec. 520.706 *** [Repealed-1996]

Chapter 3-Foreign Military Sales 707

711

Sec. 521.708 Administration of Sales Programs Involving Defense Articles and Services. *** [Repealed-1968] Sec. 522.708 Sales from Stock. * * * * [Repealed--1968] Sec. 523.708 Procurement of Sales. *** [Repealed-1968] Sec. 524.709 Reimbursements.-(a) 710 Whenever funds made available for use under this part have been or are used to furnish military assistance on cash or credit terms, United States dollar repayments, including dollar proceeds derived from the sale of foreign currency repayments to any agency or program of the United States Government, receipts received from the disposition of evidences of indebtedness and charges (including fees and premiums) or interest collected 712 shall be credited to a separate fund account 713 and, shall be available until expended solely for the purposes of financing sales and guaranties, including the overhead costs thereof,714 and, notwithstanding any provision of law relating to receipts and credits accruing to the United States Government, repayment in foreign currency may be used to carry out this part. Such amounts of the appropriations made available under this part (including unliquidated balances of funds heretofore obligated for financing sales and guarantees) as may be determined by the President shall be transferred to, and merged with the separate fund account.715

(b)(1) The special fund account established under subsection (a) of this section shall terminate as of the end of June 30, 1968, or on such earlier date as may be selected by the President.

(2) Upon the termination of such fund account pursuant to paragraph (1), all of the assets of such fund account (including loans and other payments receivable) shall be transferred to a special account in the Treasury, which special account shall be available solely for the purpose of discharging outstanding liabilities and obligations of the United States arising out of credit sales agreements entered into, and guaranties issued, under this part, prior to June 30, 1968. Any moneys in such special account in excess of the aggregate United States dollar amount of such liabilities and obliga

706 Formerly at 22 U.S.C. 2321n. Sec. 104(b)92)(B) of Public Law 104-164 (110 Stat. 1427) repealed sec. 520, relating to transfers of excess defense articles for international peacekeeping operations. The section was originally added by sec. 408 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 452).

707 The new chapter heading was added by sec. 201(o)(2) of the FA Act of 1967.

708 Secs. 521, 522, and 523 were repealed by sec. 45(a) of the Foreign Military Sales Act (Public Law 90-629).

709 22 U.S.C. 2344. Former sec. 508 was redesignated sec. 524 by sec. 201(h)(1) of the FA Act of 1967.

710 Subsection designation "(a)" and a new subsec. (b) were added by sec. 201(h)(2) of the FA Act of 1967.

711 The words "have been or" were added by sec. 201(e)(1) of the FA Act of 1965.

712 The words to this point, beginning with "receipts received from", were added by sec. 201(e)(2) of the FA Act of 1965.

713 Sec. 201(e)(3) of the FA Act of 1965 inserted "a separate fund account" in lieu of "the current applicable appropriation".

714 Sec. 201(e)(1) of the FA Act of 1965 inserted "financing sales and guaranties, including the overhead costs thereof" in lieu of "furnishing further military assistance on cash or credit terms".

715 The last sentence was added by sec. 201(c) of the FA Act of 1966.

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