US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 22USC2371]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
          SUBCHAPTER III--GENERAL AND ADMINISTRATIVE PROVISIONS
 
                       Part I--General Provisions
 
Sec. 2371. Prohibition on assistance to governments supporting 
        international terrorism
        

(a) Prohibition

    The United States shall not provide any assistance under this 
chapter, the Agricultural Trade Development and Assistance Act of 1954 
[7 U.S.C. 1691 et seq.], the Peace Corps Act [22 U.S.C. 2501 et seq.], 
or the Export-Import Bank Act of 1945 [12 U.S.C. 635 et seq.] to any 
country if the Secretary of State determines that the government of that 
country has repeatedly provided support for acts of international 
terrorism.

(b) Publication of determinations

    Each determination of the Secretary of State under subsection (a) of 
this section, including each determination in effect on December 12, 
1989, shall be published in the Federal Register.

(c) Rescission

    A determination made by the Secretary of State under subsection (a) 
of this section may not be rescinded unless the President submits to the 
Speaker of the House of Representatives and the chairman of the 
Committee on Foreign Relations of the Senate--
        (1) before the proposed rescission would take effect, a report 
    certifying that--
            (A) there has been a fundamental change in the leadership 
        and policies of the government of the country concerned;
            (B) that government is not supporting acts of international 
        terrorism; and
            (C) that government has provided assurances that it will not 
        support acts of international terrorism in the future; or

        (2) at least 45 days before the proposed rescission would take 
    effect, a report justifying the rescission and certifying that--
            (A) the government concerned has not provided any support 
        for international terrorism during the preceding 6-month period; 
        and
            (B) the government concerned has provided assurances that it 
        will not support acts of international terrorism in the future.

(d) Waiver

    Assistance prohibited by subsection (a) of this section may be 
provided to a country described in that subsection if--
        (1) the President determines that national security interests or 
    humanitarian reasons justify a waiver of subsection (a) of this 
    section, except that humanitarian reasons may not be used to justify 
    assistance under subchapter II of this chapter (including part IV, 
    part VI, and part VIII), or the Export-Import Bank Act of 1945 [12 
    U.S.C. 635 et seq.]; and
        (2) at least 15 days before the waiver takes effect, the 
    President consults with the Committee on Foreign Affairs of the 
    House of Representatives and the Committee on Foreign Relations of 
    the Senate regarding the proposed waiver and submits a report to the 
    Speaker of the House of Representatives and the chairman of the 
    Committee on Foreign Relations of the Senate containing--
            (A) the name of the recipient country;
            (B) a description of the national security interests or 
        humanitarian reasons which require the waiver;
            (C) the type and amount of and the justification for the 
        assistance to be provided pursuant to the waiver; and
            (D) the period of time during which such waiver will be 
        effective.

The waiver authority granted in this subsection may not be used to 
provide any assistance under this chapter which is also prohibited by 
section 2780 of this title.

(Pub. L. 87-195, pt. III, Sec. 620A, as added Pub. L. 94-329, title III, 
Sec. 303, June 30, 1976, 90 Stat. 753; amended Pub. L. 99-83, title V, 
Sec. 503(a), Aug. 8, 1985, 99 Stat. 220; Pub. L. 99-190, Sec. 101(i) 
[title V, Sec. 521], Dec. 19, 1985, 99 Stat. 1291, 1305; Pub. L. 101-
222, Sec. 5, Dec. 12, 1989, 103 Stat. 1897.)

                       References in Text

    This chapter, referred to in subsecs. (a) and (d), was in the 
original ``this Act'' and ``the Foreign Assistance Act of 1961'', 
respectively, meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as 
amended. For complete classification of this Act to the Code, see Short 
Title note set out under section 2151 of this title and Tables.
    The Agricultural Trade Development and Assistance Act of 1954, 
referred to in subsec. (a), is act July 10, 1954, ch. 469, 68 Stat. 454, 
as amended, which is classified principally to chapter 41 (Sec. 1691 et 
seq.) of Title 7, Agriculture. For complete classification of this Act 
to the Code, see Short Title note set out under section 1691 of Title 7 
and Tables.
    The Peace Corps Act, referred to in subsec. (a), is Pub. L. 87-293, 
Sept. 22, 1961, 75 Stat. 612, as amended, which is classified 
principally to chapter 34 (Sec. 2501 et seq.) of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 2501 of this title and Tables.
    The Export-Import Bank Act of 1945, referred to in subsecs. (a) and 
(d)(1), is act July 31, 1945, ch. 341, 59 Stat. 526, as amended, which 
is classified generally to chapter 6A (Sec. 635 et seq.) of Title 12, 
Banks and Banking. For complete classification of this Act to the Code, 
see Short Title note set out under section 635 of Title 12 and Tables.


                               Amendments

    1989--Pub. L. 101-222 amended section generally, in subsec. (a) 
substituting provisions prohibiting assistance if Secretary of State 
determines country has repeatedly supported terrorism, for provisions 
prohibiting assistance if President determines country grants sanctuary 
to terrorists or otherwise supports terrorism; redesignating subsec. (b) 
as (d) and inserting provisions prohibiting justification of waiver of 
assistance under specified Acts and provisions describing contents of 
report on proposed waiver; adding subsecs. (b) and (c); and striking out 
subsec. (c) which related to imposition of sanction by other countries.
    1985--Subsec. (a). Pub. L. 99-190 inserted reference to the Export-
Import Bank Act of 1945.
    Pub. L. 99-83 amended subsec. (a) generally, substituting provisions 
relating to covered programs and Presidential determinations respecting 
termination of assistance, for provisions relating to termination of 
assistance to countries granting sanctuary to international terrorists 
and period of ineligibility.
    Subsec. (b). Pub. L. 99-83 amended subsec. (b) generally, 
substituting provisions relating to waiver of application of subsec. 
(a), for provisions relating to reports respecting continuation of 
assistance to any country falling within provisions of former subsec. 
(a) of this section.
    Subsec. (c). Pub. L. 99-83, in amending section generally, added 
subsec. (c).

                         Change of Name

    Committee on Foreign Affairs of House of Representatives treated as 
referring to Committee on International Relations of House of 
Representatives by section 1(a) of Pub. L. 104-14, set out as a note 
preceding section 21 of Title 2, The Congress.


                    Effective Date of 1985 Amendment

    Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301 
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.

                         Delegation of Functions

    For delegation of functions of President under this section, see Ex. 
Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a 
note under section 2381 of this title.


            Self-Defense in Accordance With International Law

    Section 10 of Pub. L. 101-222 provided that: ``The use by any 
government of armed force in the exercise of individual or collective 
self-defense in accordance with applicable international agreements and 
customary international law shall not be considered an act of 
international terrorism for purposes of the amendments made by this Act 
[see Short Title of 1989 Amendment note, set out under section 2151 of 
this title].''

                  Section Referred to in Other Sections

    This section is referred to in sections 262p-4q, 2152c, 2349aa, 
2349aa-10, 2349bb-1, 2349bb-4, 2377, 2378, 2398, 2753, 7205, 7533 of 
this title; title 8 section 1735; title 18 section 175b; title 28 
section 1605.