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so licensed for each foreign country and international organization, setting forth, with respect to the listed major defense equipment

(A) the items to be exported under the license,

(B) the quantity and contract price of each such item to be furnished, and

(C) the name and address of the ultimate user of each such item; (5) 144 projections of the dollar amounts, by foreign country and international organization, of sales expected to be made under sections 21 and 22, in the quarter of the fiscal year immediately following the quarter for which such report is submitted;

(6) 144 a projection with respect to all sales expected to be made to each country and organization for the remainder of the fiscal year in which such report is transmitted; (7) 145 an estimate of—

(A) the number of United States military personnel, the number of United States Government civilian personnel, and the United States civilian contract personnel, who were in each foreign country at the end of that quarter,

and

(B) the number of members of each such category of personnel who were in each foreign country at any time dur

ing that quarter, in implementation of sales and commercial exports under this Act or of assistance under chapter 2, 5, 6, or 8 of part II of the Foreign Assistance Act of 1961, including both personnel assigned to the country and personnel temporarily in the country by detail or otherwise;

(8) 146 a description of each payment, contribution, gift, commission, or fee reported to the Secretary of State under section 39, including (A) the name of the person who made such payment, contribution, gift, commission, or fee; (B) the name of any sales agent or other person to whom such payment, contribution, gift, commission, or fee was paid; (C) the date and amount of such payment, contribution, gift, commission, or fee; (D) a description of the sale in connection with which such payment, contribution, gift, commission, or fee was paid; and (E) the identification of any business information considered confidential by the person submitting it which is included in the report;

144 Sec. 1209(c) of the International Security and Development Cooperation Act of 1985 (Public Law 99–83; 99 Stat. 279), deleted references in pars. (5) and (6) to "cash sales, and credits, and guaranty agreements".

145 Par. (7) was amended and restated by sec. 1209(c) of Public Law 99-83 (99 Stat. 279).

146 Sec. 604(a) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 766) redesignated par. (8) as par. (9) and inserted a new par. (8). Sec. 604(c) of the same Act stated that par. (8) would "take effect sixty days after the date of enactment of this Act” (August 29, 1976).

Par. (9), as redesignated by this amendment, was struck out by sec. 19(aX4) of the International Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 709). It formerly read as follows:

"19) an analysis and description of the services being performed by officers and employees of the United States Government under section 21(a) of this Act, including the number of personnel so employed.".

(9) 147 a listing of each sale under section 29 during the quarter for which such report is made, specifying (A) the purchaser, (B) the United States Government department or agency responsible for implementing the sale, (C) an estimate of the dollar amount of the sale, and (D) a general description of the real property facilities to be constructed pursuant to such sale;

(10) 148 a listing of the consents to third-party transfers of defense articles or defense services which were granted, during the quarter for which such report is submitted, for purposes of section 3(a)(2) of this Act, the regulations issued under section 38 of this Act, or section 505(a)(1)(B) of the Foreign Assistance Act of 1961, if the value (in terms of original acquisition cost) of the defense articles or defense services to be transferred is $1,000,000 or more; 149

(11) 148 a listing of all munitions items (as defined in section 40(1)(1)) which were sold, leased, or otherwise transferred by the Department of Defense to any other department, agency, or other entity of the United States Government during the quarter for which such report is submitted (including the name of the recipient Government entity and a discussion of what that entity will do with those munitions items) if

(A) the value of the munitions items was $250,000 of more; and

(B) the value of all munitions items transferred to that Government department, agency, or other entity during

that quarter was $250,000 or more; excluding munitions items transferred (i) for disposition or use solely within the United States, or (ii) for use in connection with intelligence activities subject to reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.; relating to congressional oversight of intelligence activities); 149, 150

(12) 149 a report on all concluded government-to-government agreements regarding foreign coproduction of defense articles of United States origin and all other concluded agreements involving coproduction or licensed production outside of the United States of defense articles of United States origin (including coproduction memoranda of understanding or agreement) that have not been previously reported under this subsection, which shall include

147 Par. (9) was added by sec. 105(c) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3134).

148 Par. (10) and (11) were added by sec. 7 of the Anti-Terrorism and Arms Export Amendments Act of 1989 (Public Law 101-222; 103 Stat. 1899).

The original par. (10), as added by sec. 10901) of Public Law 96-533, was repealed by sec. 109(dX2) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1526). Par. (10) had required information concerning leases of property valued at over $1,000,000 to a foreign government. Leases of defense articles are now covered under chapter 6 of this Act.

149 Sec. 1045(a) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2644) struck out “; and” at the end of para. (10); struck out a period at the end of para. (11) and inserted "; and”; and added a new para. (12). Subsec. (b) of that section made para. (12) not applicable to any relevant agreement entered into before the date of enactment of the amendment (September 23, 1996).

150 Sec. 1302(b) of the Arms Control, Nonproliferation, and Security Assistance Act of 1999 (Division B 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 “and" at the end of para. (11); replaced “third-party transfers.” with "third-party transfers; and” at the end of para. (12); and added a new para. (13). 151 To fulfill the requirements of sec. 36(e) of this Act, as amended by sec. 155 of Public Law 104-164; 110 Stat. 1440), the Defense Security Assistance Agency of the Department of Defense reports arms sales to which sec. 36(b) applies. In 2001, DSAA filed numerous notifications; see Federal Register, annual index.

(A) the identity of the foreign countries, international organizations, or foreign firms involved;

(B) a description and the estimated value of the articles authorized to be produced, and an estimate of the quantity of the articles authorized to be produced;

(C) a description of any restrictions on third-party transfers of the foreign-manufactured articles, and

(D) if any such agreement does not provide for United States access to and verification of quantities of articles produced overseas and their disposition in the foreign country, a description of alternative measures and controls incorporated in the coproduction or licensing program to ensure compliance with restrictions in the agreement on

production quantities and third-party transfers; and 150 (13) 150 a report on all exports of significant military equipment for which information has been provided pursuant to sec

tion 38(i). For each letter of offer to sell under paragraphs (1) and (2), the report shall specify (i) the foreign country or international organization to which the defense article or service is offered or was sold, as the case may be: (ii) the dollar amount of the offer to sell or the sale and the number of defense articles offered or sold, as the case may be; (iii) a description of the defense article or service offered or sold, as the case may be; and (iv) the United States Armed Forces or other agency of the United States which is making the offer to sell or the sale, as the case may be.

(b)(1) 151 In the case of any letter of offer to sell any defense articles or services under this Act for $50,000,000 152 or more, any design and construction services for $200,000,000 or more, 153 or any major defense equipment for $14,000,000 154 or more, before such letter of offer is issued, the President shall submit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a numbered certification with respect to such offer to sell containing the information specified in clauses (i) through (iv) of subsection (a), or (in the case of a sale of design and construction services) the information specified in clauses (A) through (D) of paragraph (9) of subsection (a), 155 and a description, containing the information specified in paragraph (8) of subsection (a), of any contribution, gift, commission, or fee paid or offered or agreed to be paid in order to solicit, promote, or otherwise to secure such letter of offer. Such numbered certifications shall also contain an item, classified if necessary, identifying the sensitivity of technology contained in the defense articles, defense services, or design and construction services 156 proposed to be sold, 157 and a detailed justification of the reasons necessitating the sale of such articles or services in view of the sensitivity of such technology.158 In a case in which such articles or services listed on the Missile Technology Control Regime Annex are intended to support the design, development, or production of a Category I space launch vehicle system (as defined in section 74), such report shall include a description of the proposed export and rationale for approving such export, including the consistency of such export with United States missile nonproliferation policy.159 Each such numbered certification shall contain an item indicating whether any offset agreement is proposed to be entered into in connection with such letter of offer to sell (if known on the date of transmittal of such certification). 160 In addition, the President shall, upon the request of such committee or the Committee on Foreign Affairs 161 of the House of Representatives, transmit promptly to both such committees a statement setting forth, to the extent specified in such request

152 This figure was increased from $25,000,000 to $50,000,000 by sec. 101 of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1520).

153 The words "any design and construction services for $200,000,000 or more," were added by sec. 105(d)(1) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3134).

154 This figure was increased from $7,000,000 to $14,000,000 by sec. 101 of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1520).

155 The words to this point beginning with ", or (in the case of * * *" were added by sec. 105(d)(2XA) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3134).

(A) a detailed description of the defense articles, defense services, or design and construction services 162 to be offered, including a brief description of the capabilities of any defense article to be offered;

(B) an estimate of the number of officers and employees of the United States Government and of United States civilian contract personnel expected to be needed in such country to carry out the proposed sale;

(C) the name of each contractor expected to provide the defense article, defense service, or design and construction services 163 proposed to be sold and a description of any offset agreement with respect to such sale; 164

156 The reference to design and construction services was added by sec. 105(d) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3134).

157 This sentence to this point was added by sec. 20(b) of the International Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 710).

158 The words to this point beginning with "and a detailed justification” were added by sec. 1180) of the International Security and Development Cooperation Act of 1985 (Public Law 99_ 83; 995 Stat. 203).

159 Sec. 735(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 503) inserted the sentence beginning with “In a case in which * * *”.

160 Sec. 732(aX1) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 108 Stat. 503) inserted the sentence beginning with “Each such numbered

161 Sec. 1(a)(5) of Public Law 104–14 (109 Stat. 186) provided that references to the Committee on Foreign Affairs of the House of Representatives shall be treated as referring to the Committee on International Relations of the House of Representatives. Previously, sec. 9(aX7) of the USC Technical Amendments (Public Law 103-437; 108 Stat. 4581) struck out “International Relations" and inserted in lieu thereof “Foreign Affairs”.

162 The reference to defense services or design and construction services was added by sec. 105(dX2XCXix) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3135).

163 The reference to design and construction service was added by sec. 105(d)(2)(CX) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3134).

164 Sec. 1245(aX1) of the Defense Offsets Disclosure Act of 1999 (title XII, subtitle D 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(aX7) of Public Law 106-113; 113 Stat. 1536)) struck out “and a description from such contractor of any offset agreements proposed to be entered into in connection with such sale (if known on the date of transmittal of such statement);” and inserted in lieu thereof “and a description of any offset agreement with

Continued respect to such sale;”. This phrase was substantially amended previously by sec. 732(a)(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 108 Stat. 503).

(D) 165 an evaluation, prepared by the Secretary of State in consultation with the Secretary of Defense and the Director of Central Intelligence, of the manner, if any, in which the proposed sale would

(i) contribute to an arms race;
(ii) 166 support international terrorism;

(iii) 166 increase the possibility of an outbreak or escalation of conflict;

(iv) 166 prejudice the negotiation of any arms controls; or

(v) 166 adversely affect the arms control policy of the United States; (E) the reasons why the foreign country or international organization to which the sale is proposed to be made needs the defense articles, defense services, or design and construction services 162 which are the subject of such sale and a description of how such country or organization intends to use such defense articles, defense services, or design and construction services; 162

(F) an analysis by the President of the impact of the proposed sale on the military stocks and the military preparedness of the United States;

(G) the reasons why the proposed sale is in the national interest of the United States;

(H) an analysis by the President of the impact of the proposed sale on the military capabilities of the foreign country or international organization to which such sale would be made;

(I) an analysis by the President of how the proposed sale would affect the relative military strengths of countries in the region to which the defense articles, defense services, or design and construction services 162 which are the subject of such sale would be delivered and whether other countries in the region have comparable kinds and amounts of defense articles, defense services, or design and construction services; 162

(J) an estimate of the levels of trained personnel and maintenance facilities of the foreign country or international organization to which the sale would be made which are needed and available to utilize effectively the defense articles, defense services, or design and construction services 162 proposed to be sold;

(K) an analysis of the extent to which comparable kinds and amounts of defense articles, defense services, or design and construction services 162 are available from other countries;

165 Sec. 1225(a)(1) of the Foreign Affairs Agencies Consolidation Act of 1998 (division G, subdivision A of Public Law 105–277; 112 Stat. 2681) struck out “Director of the Arms Control and Disarmament Agency in consultation with the Secretary of State and the Secretary of Defense" and inserted in lieu thereof "Secretary of State in consultation with the Secretary of Defense and the Director of Central Intelligence".

Previously, subpar. (D) was amended and restated by sec. 21(1) of the International Security Assistance Act of 1978 (Public Law 95–384; 92 Stat. 741). It formerly read as follows: "(D) an analysis of the arms control impact pertinent to such offer to sell, prepared in consultation with the Secretary of Defense;".

166 Sec. 31b) of the Anti-Terrorism and Arms Export Amendments Act of 1989 (Public Law 101-222; 103 Stat. 1896) redesignated clauses (ii) through (iv) as (iii) through (v), respectively, and inserted a new clause (ii).

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