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j. International Security and Development Cooperation Act

of 1985

Partial text of Public Law 99-83 (S. 960), 99 Stat. 190, approved August 8,

1985 as amended by Public Law 99399 (Omnibus Diplomatic Security and Antiterrorism Act of 1986, H.R. 4151), 100 Stat. 853, approved August 27, 1986; Public Law 99_570 (Anti-Drug Abuse Act of 1986, H.R. 5484), 100 Stat. 3207, approved October 27, 1986; Public Law 99-591 (Continuing Appropriations Act, 1987; H.J. Res. 738), 100 Stat. 3341, approved October 30, 1986; Public Law 100_202 [Continuing Appropriations Act, 1988; H.J. Res. 395), 101 Stat. 1329, approved December 22, 1987; Public Law 101-246 (Foreign Relations Authorization Act, Fiscal Years 1990 and 1991; H.R. 3792), 104 Stat. 15, approved February 16, 1990; Public Law 102–145 (Further Continuing Appropriations, 1992; H.J. Res. 360), 105 Stat. 968, approved October 28, 1991; Public Law 103-149 (South African Democratic Transition Support Act of 1993; H.R. 3225), 107 Stat. 1503, approved November 23, 1993; Public Law 103–272 (H.R. 1758), 108 Stat. 745, approved July 5, 1994; and by Public Law 105–277 [Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1999 (division A, sec. 101(b)), and Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 (division G, subdivision B); H.R. 4328], 112 Stat. 2681, approved October 21, 1998

NOTE.—Except for the provisions noted below, the International Security and Development Cooperation Act of 1985 consists of amendments to the Foreign Assistance Act of 1961, the Arms Export Control Act, the Peace Corps Act, Public Law 480, and to several former foreign aid annual authorization acts. These amendments are incorporated into the texts of these Acts at the appropriate locations.

AN ACT To authorize international development and security assistance programs and Peace Corps programs for fiscal years 1986 and 1987, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the “International Security and Development Cooperation Act of 1985”.

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* TITLE I–MILITARY ASSISTANCE AND SALES AND RELATED

PROGRAMS
SEC. 101. FOREIGN MILITARY SALES CREDITS.

(a) * * * (b) * * *

(c) FMS FINANCING FOR ISRAEL.-(1) Of the total amount of credits extended under section 23 of the Arms Export Control Act, not less than $1,800,000,000 for fiscal year 19861 and not less than $1,800,000,000 for fiscal year 19872 shall be available only for Israel.

(2) Israel shall be released from its contractual liability to repay the United States Government with respect to the credits provided pursuant to paragraph (1).

(3) If the Government of Israel requests that funds be used for such purposes—

(A) up to $150,000,000 of the amount of credits made available for Israel pursuant to paragraph (1) for each of the fiscal years 1986 and 1987 shall be available for research and development in the United States for the Lavi 1 program, and

(B) not less than $250,000,000 of the amount of credits made available for Israel pursuant to paragraph (1) for each of the fiscal years 1986 and 1987 shall be available for the procurement in Israel of defense articles and defense services (includ

ing research and development) for the Lavi 1 program. (d) FMS FINANCING FOR EGYPT.-(1) Of the total amount of credits extended under section 23 of the Arms Export Control Act, not less than $1,300,000,000 for fiscal year 1986 3 and not less than $1,300,000,000 for fiscal year 1987 shall be available only for Egypt.

(2) Egypt shall be released from its contractual liability to repay the United States Government with respect to the credits extended pursuant to paragraph (1). . (e) FMS FINANCING FOR GREECE.—1) Of the total amount of credits extended under section 23 of the Arms Export Control Act, $500,000,000 for each of the fiscal years 1986 4 and 1987 shall be available only for Greece.

(2) For each of the fiscal years 1986 and 1987, of the total amount of credits extended for Greece under section 23 of the Arms Export Control Act, Greece shall receive the same proportion of credits extended at concessional rates of interest as the proportion

1 Title III of the Foreign Assistance and Related Programs Appropriations Act, 1986 (sec. 101(i) of the Further Continuing Appropriations Act, 1986; Public Law 99–190; 99 Stat. 1301), provided that “not less than $1,800,000,000 shall be available only for Israel.". The Act further provided that: if the Government of Israel requests that funds be used for such purposes, up to $150,000,000 of the amount of credits made available for Israel pursuant to this paragraph shall be available for research and development in the United States for the Lavi program, and not less than $300,000,000 shall be for the procurement in Israel of defense articles and serv. ices, including research and development, for the Lavi program and other activities if requested by Israel * *°*".

2 The Foreign Assistance and Related Programs Appropriations Act, 1987 (sec. 101(f) of the Continuing Appropriations Act, 1987; Public Law 99-591; 100 Stat. 3341-224), contained language identical to that cited in note 1 and provided further:

“That funds for the Lavi program shall be expended upon the Department of Defense's determination that the proposed contracts meet application technical standards: Provided further, That during fiscal year 1987, gross obligations for the principal amount of direct loans, exclusive of loan guarantee defaults, shall not exceed $4,040,441,284: Provided further, That any funds made available by this paragraph, other than funds made available for Israel and Egypt, may be made available at concessional rates of interest, notwithstanding section 31(bX2) of the Arms Export Control Act”.

3 Title III of the Foreign Assistance and Related Programs Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 1302), provided an appropriation of $1,300,000,000 for Egypt, as did title III of the 1987 version of the Act (Public Law 99-591; 100 Stat. 3341-224).

4 Title III of the Foreign Assistance and Related Programs Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 1302), provided $450,000,000 for Greece; the 1987 version of the Act (Public Law 99-591; 100 Stat. 3341-225) appropriated $343,000,000 for Greece.

of credits extended at concessional rates of interest which Turkey receives out of the total amount of credits extended for Turkey under that section, and the average annual rate of interest on the credits extended for Greece at concessional rates of interest shall be comparable to the average annual rate of interest on the credits extended for Turkey at concessional rates of interest. Credits extended for Greece for each of the fiscal years 1986 and 1987 at concessional rates of interest shall not be counted toward any ceiling established by law on concessional financing under the Arms Export Control Act.

(f) FMS FINANCING AND MAP FOR TURKEY.-For each of the fiscal years 1986 5 and 1987, the aggregate total of financing under the Arms Export Control Act and assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 provided for Turkey may not exceed $714,280,000. Of this amount, up to $215,000,000 may be used for assistance under chapter 2 of part II of the Foreign Assistance Act of 1961, with the understanding that the United States Government is acting with urgency and determination to oppose any actions aimed at effecting a permanent bifurcation of Cyprus.

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*

* SEC. 106. GUARANTY RESERVE FUND.

(a) REPORT ON REPLENISHMENT.-For the purpose of providing recommendations for improving the security interests of the United States and the friends and allies of the United States, the President shall prepare and transmit to the Congress within 90 days after the date of enactment of this Act a report which sets forth the history of United States foreign military sales financing under the Foreign Assistance Act of 1961 and the Arms Export Control Act. Such report shall include recommendations on replenishing the Guaranty Reserve Fund under section 24 of the Arms Export Control Act and recommendations on other matters agreed to in consultation with the chairman and ranking minority member of the Committee on Foreign Relations of the Senate and of the Committee on Foreign Affairs of the House of Representatives. * *

* * * * SEC. 129.6 CONVENTIONAL ARMS TRANSFERS.

(a) NEGOTIATIONS.—At the earliest possible date, the President should, in consultation with United States allies, initiate discussions with the Soviet Union and France aimed at beginning multilateral negotiations to limit and control the transfer of conventional arms to less developed countries.

(b) REPORT.—Within one year after the date of enactment of this Act, the President shall submit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report which specifies steps being taken to fulfill the requirements of subsection (a) and which examines and analyzes United States policies concerning the export of conventional arms, especially sophisticated weapons, and possible approaches to developing multilateral limitations on conventional arms sales. This report shall examine and analyze

5 Title III of the Foreign Assistance and Related Programs Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 1302), provided Foreign Military Sales appropriation of $427,852,000 for Turkey; the 1987 version of the Act (Public Law 99-591; 100 Stat. 3341-225) appropriated $490,000 for Turkey.

622 U.S.C. 2751 note.

(1) the lessons of earlier efforts to negotiate restraints on the export of conventional arms;

(2) the evolution of supplier practices and policies;

(3) the evolution of recipient country attitudes regarding conventional arms transfers;

(4) the effect upon regional stability and security of conventional arms transfer by the United States and its allies and the Soviet Union and its allies;

(5) the relationship between arms imports and the external debt of recipient countries, the allocation of their internal resources, and their economic well-being;

(6) the relationship between arms exports by Western European countries and the needs of those countries to support their domestic military procurement programs;

(7) the prospects for engaging the Soviet Union in serious discussions concerning arms transfers, both globally and as they relate to regional security problems;

(8) possible measures by the United States and Western European suppliers to control levels of sophisticated weapons sales, both regionally and globally; and

(9) the timing and phasing of international conventional

arms control negotiations. SEC. 130.7 FOREIGN MILITARY SALES FOR JORDAN.

(a) MIDDLE EAST PEACE.-The foreign military sales financing authorized by this Act for Jordan is provided and increased in the recognition of progress Jordan has made in the search for a just and lasting peace in the Middle East, to encourage further progress, in recognition of the continuing defense needs of Jordan, and in the expectation that Jordan will enter into direct negotiations with Israel based on United Nations Security Council Resolutions 242 and 338 in order to resolve the state of war between those two countries.

(b) SENSE OF CONGRESS.—It is the sense of the Congress that no foreign military sales financing authorized by this Act may be used to finance the procurement by Jordan of United States advanced aircraft, new air defense weapons systems, or other new advanced military weapons systems, and no notification may be made pursuant to section 36(b) of the Arms Export Control Act with respect to a proposed sale to Jordan of United States advanced aircraft, new air defense systems, or other new advanced military weapons systems, unless Jordan is publicly committed to the recognition of Israel and to negotiate promptly and directly with Israel under the basic tenets of United Nations Security Council Resolutions 242 and 338.

7 Sec. 545 of the Foreign Assistance and Related Programs Appropriations Act, 1986 (sec. 1016) of Public Law 99-190; 99 Stat. 1311), substantively contained the same provisions as this section.

(c) 8 CERTIFICATION.-Any notification made pursuant to section 36(b) of the Arms Export Control Act with respect to a proposed sale to Jordan of United States advanced aircraft, new air defense systems, or other new advanced military weapons, shall be accompanied by a Presidential certification of Jordan's public commitment to the recognition of Israel and to negotiate promptly and directly with Israel under the basic tenets of United Nations Security Council Resolutions 242 and 338. SEC. 131. CERTIFICATION CONCERNING AWACS SOLD TO SAUDI ARA

BIA. (a) THE PRESIDENT'S 1981 AWACS COMMUNICATION TO THE SENATE.—(1) The Congress finds that in his October 28, 1981, communication to the Senate concerning the proposed sale of AWACS aircraft and F15 enhancement items to Saudi Arabia which was then being reviewed by the Congress (hereafter in this section referred to as the “1981 AWACS communication"), the President stated the following:

"Transfer of the AWACS will take place . . . only after the
Congress has received in writing a Presidential certification,
containing agreements with Saudi Arabia, that the following
conditions have been met:
“1. Security of Technology

"A. That a detailed plan for the security of equipment, technology, information, and supporting documentation has been agreed to by the United States and Saudi Arabia and is in

place; and

“B. The security provisions are no less stringent than measures employed by the U.S. for protection and control of its equipment of like kind outside the continental U.S.; and

"C. The U.S. has the right of continual on-site inspection and surveillance by U.S. personnel of security arrangements for all operations during the useful life of the AWACS. It is further provided that security arrangements will be supplemented by additional U.S. personnel if it is deemed necessary by the two parties; and

"D. Saudi Arabia will not permit citizens of third nations either to perform maintenance on the AWACS or to modify any such equipment without prior, explicit mutual consent of the two governments; and

"E. Computer software, as designated by the U.S. Government, will remain the property of the USG. "2. Access to Information

“That Saudi Arabia has agreed to share with the United States continuously and completely the information that it acquires from use of the AWACS. 3. Control Over Third-Country Participation

"A. That Saudi Arabia has agreed not to share access to AWACS equipment, technology, documentation, or any information developed from such equipment or technology with any

* On June 23, 1995, the President certified “that Jordan is publicly committed to the recognition of Israel and to negotiate (sic) promptly and directly with Israel under basic tenets of United Nations Security Council Resolutions 242 and 338." (Presidential Determination No. 95– 27; 60 F.R. 35461).

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