1
See References in Text note below.
References in Text
Section 2370(x) of this title, referred to in subsec. (a), was omitted. See Codification note set out under section 2370 of this title.
This chapter, referred to in subsecs. (b)(3) and (d), was in the original “this Act”, meaning [Pub. L. 87–195], Sept. 4, 1961, [75 Stat. 424], known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
The Arms Export Control Act, referred to in subsecs. (b)(3) and (d), is [Pub. L. 90–629], Oct. 22, 1968, [82 Stat. 1320], which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.
Prior Provisions
Provisions similar to those in subsec. (e) of this section were contained in the following appropriation acts:
[Pub. L. 102–391, title V, § 557], Oct. 6, 1992, [106 Stat. 1676].
[Pub. L. 101–513, title V, § 560], Nov. 5, 1990, [104 Stat. 2026].
[Pub. L. 101–167, title V, § 570], Nov. 21, 1989, [103 Stat. 1245].
[Pub. L. 100–461, title V, § 579], Oct. 1, 1988, [102 Stat. 2268–48].
Amendments
2019—Subsec. (e)(1). [Pub. L. 116–92, § 1250A(b)(1)], and [Pub. L. 116–94, § 205(b)(1)], made identical amendments, substituting “Except as provided in paragraph (3), any agreement” for “Any agreement”.
Subsec. (e)(3). [Pub. L. 116–92, § 1250A(b)(2)], and [Pub. L. 116–94, § 205(b)(2)], made identical amendments, adding par. (3).
1987—Subsec. (e). [Pub. L. 100–202] added subsec. (e).
Statutory Notes and Related Subsidiaries
Eastern Mediterranean Security and Energy Partnership
[Pub. L. 117–81, div. A, title XIII, § 1312], Dec. 27, 2021,
Repeal of Prohibition on Transfer of Articles on the United States Munitions List to the Republic of Cyprus
[Pub. L. 116–92, div. A, title XII, § 1250A], Dec. 20, 2019, [133 Stat. 1665], provided that:“(a)
Sense of Congress.—
It is the sense of Congress that—
“(1)
allowing for the export, re-export or transfer of arms subject to the United States Munitions List (part 121 of title 22, Code of Federal Regulations) to the Republic of Cyprus would advance United States security interests in Europe by helping to reduce the dependence of the Government of the Republic of Cyprus on other countries, including countries that pose challenges to United States interests around the world, for defense-related materiel; and
“(2)
it is in the interest of the United States to continue to support United Nations-facilitated efforts toward a comprehensive solution to the division of Cyprus.
“(b)
Modification of Prohibition.—
“(c)
Exclusion of the Government of the Republic of Cyprus From Certain Related Regulations.—
“(1)
In general.—
Subject to subsection (d) and except as provided in paragraph (2), beginning on the date of the enactment of this Act [Dec. 20, 2019], the Secretary of State shall not apply a policy of denial for exports, re-exports, or transfers of defense articles and defense services destined for or originating in the Republic of Cyprus if—
“(A)
the request is made by or on behalf of the Government of the Republic of Cyprus; and
“(B)
the end-user of such defense articles or defense services is the Government of the Republic of Cyprus.
“(2)
Exception.—
This exclusion shall not apply to any denial based upon credible human rights concerns.
“(d)
Limitations on the Transfer of Articles on the United States Munitions List to the Republic of Cyprus.—
“(1)
In general.—
The policy of denial for exports, re-exports, or transfers of defense articles on the United States Munitions List to the Republic of Cyprus shall remain in place unless the President determines and certifies to the appropriate congressional committees not less than annually that—
“(A)
the Government of the Republic of Cyprus is continuing to cooperate with the United States Government in efforts to implement reforms on anti-money laundering regulations and financial regulatory oversight; and
“(B)
the Government of the Republic of Cyprus has made and is continuing to take the steps necessary to deny Russian military vessels access to ports for refueling and servicing.
“(2)
Waiver.—
The President may waive the limitations contained in this subsection for one fiscal year if the President determines that it is essential to the national security interests of the United States to do so.
“(3)
Appropriate congressional committees defined.—
In this section, the term ‘appropriate congressional committees’ means—
“(A)
the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
“(B)
the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.”
Special Ambassadorial Commission for Cyprus and the Aegean
[Pub. L. 100–202, § 101(e) [title V, § 586]], Dec. 22, 1987, [101 Stat. 1329–131], 1329–185, provided that:“(a)
Findings.—
The Congress finds that—
“(1)
the inability to achieve a just and lasting Cyprus settlement will continue to affect relations among the United States and its close NATO allies, Greece and Turkey, to the detriment of larger, mutually shared, security interests in the Eastern Mediterranean region;
“(2)
it is of paramount importance that Cyprus, Greece, and Turkey resolve their differences through negotiations and otherwise peaceful procedures, and that the United States should support the resolution of these differences through all the diplomatic means at its disposal;
“(3)
it is in the national interest of the United States that the President make a significant new diplomatic demarche towards bringing this dispute to a resolution; and
“(4)
it is also in the national interest of the United States to undertake a diplomatic initiative to promote the peaceful and equitable resolution of differences between Greece and Turkey in the Aegean by fostering a renewed and sustained bilateral dialogue between those countries on such issues as: the delineation of the continental shelf, the definition of the territorial seas, air traffic control over the Aegean, NATO command and control arrangements in the Aegean, and the status of Lemnos and NATO exercises in the Aegean.
“(b)
Appointment of Special Ambassador.—
The President is authorized to appoint a special ambassadorial level envoy who shall be responsible for representing the United States in direct negotiations with the parties to the Cyprus dispute, for representing the United States in negotiations through international intermediaries and, generally, lending the good offices of the United States to the parties in this dispute in order to facilitate a peaceful settlement on Cyprus. As agreed to by Greece and Turkey, the special envoy shall also represent the United States in promoting mutual discussions between those countries concerning their differences on Aegean issues. The special ambassador appointed under this section shall have available the services of two deputies (one to specialize on the Cyprus question, the other on general Aegean issues) and such senior level Department of State personnel as may be required by the special ambassador in order to carry out his responsibilities.
“(c)
Report.—
Not later than June 1, 1988, the President shall submit a report to the Congress describing in detail the activities being undertaken by the special ambassador, the progress being made toward achievement of a peaceful resolution of the Cyprus dispute, an assessment of the obstacles to achievement of such a resolution and of the future role of the United States in acheiving [sic] a settlement on Cyprus, and an assessment of the progress being made toward resolution of issues affecting the Aegean region.
“(d)
Funding.—
Up to $500,000 of the funds appropriated under any heading of this Act [Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, as enacted by [section 101(e) of Pub. L. 101–202]] which are allocated for Greece and up to $500,000 of the funds appropriated under any heading of this Act which are allocated for Turkey, may be used by the Department of State for any administrative costs associated with the activities of the special ambassador and supporting personnel, including transportation, salaries and per diem.”
Definition of Appropriate Congressional Committees
[Pub. L. 117–81, div. A, title XIII, § 1317], Dec. 27, 2021, [135 Stat. 2001], provided that: “In this subtitle [subtitle B (§§ 1311–1317) of title XIII of div. A of [Pub. L. 117–81], enacting provisions set out as a note above and as a note preceding section 261 of this title], the term ‘appropriate congressional committees’ means—“(1)
the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
“(2)
the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.”
Delegation of Functions
For delegation of congressional reporting functions of President under subsec. (c) of this section, see section 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46073, set out as a note under section 301 of Title 3, The President.
Delegation of Authorities Under the National Defense Authorization Act for Fiscal Year 2020 and the Eastern Mediterranean Security and Energy Partnership Act of 2019
Memorandum of President of the United States, Apr. 14, 2020, 85 F.R. 35797, provided:
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of State the authorities vested in the President by section 1250A(d) of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92]) [22 U.S.C. 2373 note] and section 205(d) of the Eastern Mediterranean Security and Energy Partnership Act of 2019 (Title II, Div. J, [Public Law 116–94]) [22 U.S.C. 2373 note].
Any reference in this memorandum to either Act shall be deemed to be a reference to such Acts as amended from time to time.
You are authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.