The President may transfer to any NATO/CFE country, in accordance with NATO plans, defense articles—
(1)that are battle tanks, armoured combat vehicles, or artillery included within the CFE Treaty’s definition of “conventional armaments and equipment limited by the Treaty”;
(2)that were, as of the date of signature of the CFE Treaty, in the stocks of the Department of Defense and located in the CFE Treaty’s area of application; and
(3)that the President determines are not needed by United States military forces within the CFE Treaty’s area of application.
(b) Acceptance of NATO assistance in eliminating direct costs of transfers
In order to eliminate direct costs of facilitating transfers of defense articles under subsection (a) of this section, the United States may utilize services provided by NATO or any NATO/CFE country, including inspection, repair, or transportation services with respect to defense articles so transferred.
(c) Acceptance of NATO assistance in meeting certain United States obligations
In order to facilitate United States compliance with the CFE Treaty-mandated obligations for destruction of conventional armaments and equipment limited by the CFE Treaty, the United States may utilize services or funds provided by NATO or any NATO/CFE country.
(d) Authority to transfer on grant basis
Defense articles may be transferred under subsection (a) of this section without cost to the recipient country.
(e) Third country transfers restrictions
For purposes of sections
2753(d) of this title, defense articles transferred under subsection (a) of this section shall be deemed to have been sold under this chapter.
(f) Maintenance of military balance in Eastern Mediterranean
The President shall ensure that transfers by the United States under subsection (a) of this section, taken together with transfers by other NATO/CFE countries in implementing the CFE Treaty, are of such valuations so as to be consistent with the United States policy, embodied in section
2373 of this title, of maintaining the military balance in the Eastern Mediterranean.
(g) Expiration of authority
(1) In general
Except as provided in paragraph (2), the authority of subsection (a) of this section expires at the end of the 40-month period beginning on the date on which the CFE Treaty enters into force.
(2) Transition rule
Paragraph (1) does not apply with respect to a transfer of defense articles for which notification under section
2799c(a) of this title is submitted before the end of the period described in that paragraph.
This chapter, referred to in subsec. (e), was in the original “this Act”, meaning Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section
2751 of this title and Tables.
Delegation of Functions
Memorandum of President of the United States, Feb. 13, 1992, 57 F.R. 6663, provided:
Memorandum for the Secretary of State and the Secretary of Defense
By virtue of the authority vested in me by the Constitution and laws of the United States of America, including section
301 of title
3 of the United States Code, I hereby delegate to the Secretary of Defense the functions vested in me by section
93(a) andsection 94 of the Arms Export Control Act, as amended (the “Act”) [22 U.S.C. 2799b(a), 2799c], and to the Secretary of State the functions vested in me by section 93(f) of the Act. Consistent with section 2 of the Act [22 U.S.C. 2752], transfers of defense articles under section
93(a) shall be subject to the policy direction of the Secretary of State, including the determination of whether such transfers shall occur.
The Secretary of State is authorized and directed to publish this memorandum in the Federal Register.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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