22 USC

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Extract of the United States Code, Title 22.

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
Part VIII - International Narcotics Control

Sec. 2291. Policy, general authorities, coordination, foreign police actions, definitions, and other provisions

(a) Policy and general authorities

     (1) Statements of policy

     (A) International narcotics trafficking poses an unparalleled transnational threat in today's world, and its suppression is among the most important foreign policy objectives of the United States.
     (B) Under the Single Convention on Narcotic Drugs, 1961, and under the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the parties are required to criminalize certain drug-related activities, provide appropriately severe penalties, and cooperate in the extradition of accused offenders.
     (C) International narcotics control programs should include, as priority goals, the suppression of the illicit manufacture of and trafficking in narcotic and psychotropic drugs, money laundering, and precursor chemical diversion, and the progressive elimination of the illicit cultivation of the crops from which narcotic and psychotropic drugs are derived.
     (D) International criminal activities, particularly international narcotics trafficking, money laundering, and corruption, endanger political and economic stability and democratic development, and assistance for the prevention and suppression of international criminal activities should be a priority for the United States.
     (E) The international community should provide assistance, where appropriate, to those producer and transit countries which require assistance in discharging these primary obligations.
     (F) The objective of the United States in dealing with the problem of international money laundering is to ensure that countries adopt comprehensive domestic measures against money laundering and cooperate with each other in narcotics money laundering investigations, prosecutions, and related forfeiture actions.
     (G) Effective international cooperation is necessary to control the illicit cultivation, production, and smuggling of, trafficking in, and abuse of narcotic and psychotropic drugs.

     (2) In order to promote such cooperation, the President is authorized to conclude agreements, including reciprocal maritime agreements, with other countries to facilitate control of the production, processing, transportation, and distribution of narcotics analgesics, including opium and its derivatives, other narcotic and psychotropic drugs, and other controlled substances.
     (3) In order to promote international cooperation in combatting international trafficking in illicit narcotics, it shall be the policy of the United States to use its voice and vote in multilateral development banks to promote the development and implementation in the major illicit drug producing countries of programs for the reduction and eventual eradication of narcotic drugs and other controlled substances, including appropriate assistance in conjunction with effective programs of illicit crop eradication.
     (4) Notwithstanding any other provision of law, the President is authorized to furnish assistance to any country or international organization, on such terms and conditions as he may determine, for the control of narcotic and psychotropic drugs and other controlled substances, or for other anticrime purposes.

(b) Coordination of all United States antinarcotics assistance to foreign countries

(1) Responsibility of Secretary of State
Consistent with chapter 1 of the National Narcotics Leadership Act of 1988, (FOOTNOTE 1) the Secretary of State shall be responsible for coordinating all assistance provided by the United States Government to support international efforts to combat illicit narcotics production or trafficking.
(FOOTNOTE 1) See References in Text note below.
(2) Rule of construction
Nothing contained in this subsection or section 2291h(b) of this title shall be construed to limit or impair the authority or responsibility of any other Federal agency with respect to law enforcement, domestic security operations, or intelligence activities as defined in Executive Order 12333.

     (1) Prohibition on effecting an arrest
No officer or employee of the United States may directly effect an arrest in any foreign country as part of any foreign police action with respect to narcotics control efforts, notwithstanding any other provision of law.
     (2) Participation in arrest actions
Paragraph (1) does not prohibit an officer or employee of the United States, with the approval of the United States chief of mission, from being present when foreign officers are effecting an arrest or from assisting foreign officers who are effecting an arrest.
     (3) Exception for exigent, threatening circumstances
Paragraph (1) does not prohibit an officer or employee from taking direct action to protect life or safety if exigent circumstances arise which are unanticipated and which pose an immediate threat to United States officers or employees, officers or employees of a foreign government, or members of the public.
     (4) Exception for maritime law enforcement
With the agreement of a foreign country, paragraph (1) does not apply with respect to maritime law enforcement operations in the territorial sea or archipelagic waters of that country.
     (5) Interrogations
No officer or employee of the United States may interrogate or be present during the interrogation of any United States person arrested in any foreign country with respect to narcotics control efforts without the written consent of such person.
     (6) Exception for Status of Forces arrangements
This subsection does not apply to the activities of the United States Armed Forces in carrying out their responsibilities under applicable Status of Forces arrangements.

(d) Use of herbicides for aerial eradication

     (1) Monitoring
The President, with the assistance of appropriate Federal agencies, shall monitor any use under this part of a herbicide for aerial eradication in order to determine the impact of such use on the environment and on the health of individuals.
     (2) Annual reports
In the annual report required by section 2291h(a) of this title, the President shall report on the impact on the environment and the health of individuals of the use under this part of a herbicide for aerial eradication.
     (3) Report upon determination of harm to environment or health If the President determines that any such use is harmful to the environment or the health of individuals, the President shall immediately report that determination to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, together with such recommendations as the President deems appropriate.

(e) Definitions
For purposes of this part and other provisions of this chapter relating specifically to international narcotics matters -

     (1) the term ''legal and law enforcement measures'' means -

     (A) the enactment and implementation of laws and regulations or the implementation of existing laws and regulations to provide for the progressive control, reduction, and gradual elimination of the illicit cultivation, production, processing, transportation, and distribution of narcotic drugs and other controlled substances; and
     (B) the effective organization, staffing, equipping, funding, and activation of those governmental authorities responsible for narcotics control;

     (2) the term ''major illicit drug producing country'' means a country in which -

     (A) 1,000 hectares or more of illicit opium poppy is cultivated or harvested during a year;
     (B) 1,000 hectares or more of illicit coca is cultivated or harvested during a year; or
     (C) 5,000 hectares or more of illicit cannabis is cultivated or harvested during a year, unless the President determines that such illicit cannabis production does not significantly affect the United States;

     (3) the term ''narcotic and psychotropic drugs and other controlled substances'' has the same meaning as is given by any applicable international narcotics control agreement or domestic law of the country or countries concerned;
     (4) the term ''United States assistance'' means -

     (A) any assistance under this chapter (including programs under subpart IV of part II of this subchapter, relating to the Overseas Private Investment Corporation), other than -

     (i) assistance under this part,
     (ii) any other narcotics-related assistance under this subchapter (including part IV of subchapter II of this chapter), but any such assistance provided under this clause shall be subject to the prior notification procedures applicable to reprogrammings pursuant to section 2394-1 of this title,
     (iii) disaster relief assistance, including any assistance under part IX of this subchapter,
     (iv) assistance which involves the provision of food (including monetization of food) or medicine, and
     (v) assistance for refugees;

     (B) sales, or financing on any terms, under the Arms Export Control Act (22 U.S.C. 2751 et seq.);
     (C) the provision of agricultural commodities, other than food, under the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.); and
     (D) financing under the Export-Import Bank Act of 1945 (12 U.S.C. 635 et seq.);

     (5) the term ''major drug-transit country'' means a country -

     (A) that is a significant direct source of illicit narcotic or psychotropic drugs or other controlled substances significantly affecting the United States; or
     (B) through which are transported such drugs or substances; and

     (6) the term ''precursor chemical'' has the same meaning as the term ''listed chemical'' has under paragraph (33) of section 802 of title 21;
     (7) the term ''major money laundering country'' means a country whose financial institutions engage in currency transactions involving significant amounts of proceeds from international narcotics trafficking; and
     (8) the term ''appropriate congressional committees'' means the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2151x-2, 2291a of this title;
title 7 section 1736g-1;
title 12 section 635;
title 19 section 2492;
title 48 sections 1902, 1903.

22 USC Sec. 2371 01/02/01

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.

misc administrative details omitted

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 of this title;
title 28 section 1605.

22 USC Sec. 2656f 01/02/01

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 38 - DEPARTMENT OF STATE

Sec. 2656f. Annual country reports on terrorism

(a) Requirement of annual country reports on terrorism
The Secretary of State shall transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate, by April 30 of each year, a full and complete report providing -

     (1) detailed assessments with respect to each foreign country -

     (A) in which acts of international terrorism occurred which were, in the opinion of the Secretary, of major significance;
     (B) about which the Congress was notified during the preceding five years pursuant to section 2405(j) of the Appendix to title 50; and
     (C) which the Secretary determines should be the subject of such report;

     (2) all relevant information about the activities during the preceding year of any terrorist group, and any umbrella group under which such terrorist group falls, known to be responsible for the kidnapping or death of an American citizen during the preceding five years, any terrorist group known to be financed by countries about which Congress was notified during the preceding year pursuant to section 2405(j) of the Appendix to title 50, and any other known international terrorist group which the Secretary determines should be the subject of such report;
     (3) with respect to each foreign country from which the United States Government has sought cooperation during the previous five years in the investigation or prosecution of an act of international terrorism against United States citizens or interests, information on -

     (A) the extent to which the government of the foreign country is cooperating with the United States Government in apprehending, convicting, and punishing the individual or individuals responsible for the act; and
     (B) the extent to which the government of the foreign country is cooperating in preventing further acts of terrorism against United States citizens in the foreign country; and

     (4) with respect to each foreign country from which the United States Government has sought cooperation during the previous five years in the prevention of an act of international terrorism against such citizens or interests, the information described in paragraph (3)(B).

(b) Provisions to be included in report
The report required under subsection (a) of this section should to the extent feasible include (but not be limited to) -

     (1) with respect to subsection (a)(1) -

     (A) a review of major counterterrorism efforts undertaken by countries which are the subject of such report, including, as appropriate, steps taken in international fora;
     (B) the response of the judicial system of each country which is the subject of such report with respect to matters relating to terrorism affecting American citizens or facilities, or which have, in the opinion of the Secretary, a significant impact on United States counterterrorism efforts, including responses to extradition requests; and
     (C) significant support, if any, for international terrorism by each country which is the subject of such report, including (but not limited to) -

     (i) political and financial support;
     (ii) diplomatic support through diplomatic recognition and use of the diplomatic pouch;
     (iii) providing sanctuary to terrorists or terrorist groups; and
     (iv) the positions (including voting records) on matters relating to terrorism in the General Assembly of the United Nations and other international bodies and fora of each country which is the subject of such report; and

     (2) with respect to subsection (a)(2) of this section, any -

     (A) significant financial support provided by foreign governments to those groups directly, or provided in support of their activities;
     (B) provisions of significant military or paramilitary training or transfer of weapons by foreign governments to those groups;
     (C) provision of diplomatic recognition or privileges by foreign governments to those groups;
     (D) provision by foreign governments of sanctuary from prosecution to these groups or their members responsible for the commission, attempt, or planning of an act of international terrorism; and
     (E) efforts by the United States to eliminate international financial support provided to those groups directly or provided in support of their activities.

(1) Except as provided in paragraph (2), the report required under subsection (a) of this section shall, to the extent practicable, be submitted in an unclassified form and may be accompanied by a classified appendix.
(2) If the Secretary of State determines that the transmittal of the information with respect to a foreign country under paragraph (3) or (4) of subsection (a) of this section in classified form would make more likely the cooperation of the government of the foreign country as specified in such paragraph, the Secretary may transmit the information under such paragraph in classified form.

(d) Definitions
As used in this section -

     (1) the term ''international terrorism'' means terrorism involving citizens or the territory of more than 1 country;
     (2) the term ''terrorism'' means premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents; and
     (3) the term ''terrorist group'' means any group practicing, or which has significant subgroups which practice, international terrorism.

(e) Reporting period

(1) The report required under subsection (a) of this section shall cover the events of the calendar year preceding the year in which the report is submitted.
(2) The report required by subsection (a) of this section to be submitted by March 31, 1988, may be submitted no later than August 31, 1988.

misc administrative details omitted

REPORT ON TERRORIST ACTIVITY IN WHICH UNITED STATES CITIZENS WERE KILLED AND RELATED MATTERS
Pub. L. 106-113, div. B, Sec. 1000(a)(7) (div. A, title VIII, Sec. 805), Nov. 29, 1999, 113 Stat. 1536, 1501A-470, provided that:

''(a) In General. - Not later than 6 months after the date of enactment of this Act (Nov. 29, 1999) and every 6 months thereafter until October 1, 2001, the Secretary of State shall prepare and submit a report, with a classified annex as necessary, to the appropriate congressional committees (Committee on International Relations of the House of Representatives and Committee on Foreign Relations of the Senate) regarding terrorist attacks in Israel, in territory administered by Israel, and in territory administered by the Palestinian Authority. The report shall contain the following information:

     ''(1) A list of formal commitments the Palestinian Authority has made to combat terrorism.
     ''(2) A list of terrorist attacks, occurring between September 13, 1993 and the date of the report, against United States citizens in Israel, in territory administered by Israel, or in territory administered by the Palestinian Authority, including -

     ''(A) a list of all citizens of the United States killed or injured in such attacks;
     ''(B) the date of each attack and the total number of people killed or injured in each attack;
     ''(C) the person or group claiming responsibility for the attack and where such person or group has found refuge or support;
     ''(D) a list of suspects implicated in each attack and the nationality of each suspect, including information on -

     ''(i) which suspects are in the custody of the Palestinian Authority and which suspects are in the custody of Israel;
     ''(ii) which suspects are still at large in areas controlled by the Palestinian Authority or Israel; and
     ''(iii) the whereabouts (or suspected whereabouts) of suspects implicated in each attack.

     ''(3) Of the suspects implicated in the attacks described in paragraph (2) and detained by Palestinian or Israeli authorities, information on -

     ''(A) the date each suspect was incarcerated;
     ''(B) whether any suspects have been released, the date of such release, and whether any released suspect was implicated in subsequent acts of terrorism; and
     ''(C) the status of each case pending against a suspect, including information on whether the suspect has been indicted, prosecuted, or convicted by the Palestinian Authority or Israel.

     ''(4) The policy of the Department of State with respect to offering rewards for information on terrorist suspects, including any information on whether a reward has been posted for suspects involved in terrorist attacks listed in the report.
     ''(5) A list of each request by the United States for assistance in investigating terrorist attacks listed in the report, a list of each request by the United States for the transfer of terrorist suspects from the Palestinian Authority and Israel since September 13, 1993, and the response to each request from the Palestinian Authority and Israel.
     ''(6) A description of efforts made by United States officials since September 13, 1993 to bring to justice perpetrators of terrorist acts against United States citizens as listed in the report.
     ''(7) A list of any terrorist suspects in these cases who are members of Palestinian police or security forces, the Palestine Liberation Organization, or any Palestinian governing body.
     ''(8) A list of all United States citizens killed or injured in terrorist attacks in Israel or in territory administered by Israel between 1950 and September 13, 1993, to include in each case, where such information is reasonably available, any stated claim of responsibility and the resolution or disposition of each case, except that this list shall be submitted only once with the initial report required under this section unless additional relevant information on these cases becomes available.

''(b) Consultation with Other Departments. - The Secretary of State shall, in preparing the report required by this section, consult and coordinate with all other Government officials who have information necessary to complete the report. Nothing contained in this section shall require the disclosure, on a classified or unclassified basis, of information that would jeopardize sensitive sources and methods or other vital national security interests or jeopardize ongoing criminal investigations or proceedings.
''(c) Initial Report. - Except as provided in subsection (a)(8), the initial report filed under this section shall cover the period between September 13, 1993 and the date of the report.''

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2656g of this title;
title 10 section 2249a.

22 USC Sec. 2708 Has Changes 01/02/01

Sec. 2708. Department of State rewards program

(a) Establishment

     (1) In general
There is established a program for the payment of rewards to carry out the purposes of this section.
     (2) Purpose
The rewards program shall be designed to assist in the prevention of acts of international terrorism, international narcotics trafficking, and other related criminal acts.
     (3) Implementation
The rewards program shall be administered by the Secretary of State, in consultation, as appropriate, with the Attorney General.

(b) Rewards authorized
In the sole discretion of the Secretary (except as provided in subsection (c)(2) of this section) and in consultation, as appropriate, with the Attorney General, the Secretary may pay a reward to any individual who furnishes information leading to -

     (1) the arrest or conviction in any country of any individual for the commission of an act of international terrorism against a United States person or United States property;
     (2) the arrest or conviction in any country of any individual conspiring or attempting to commit an act of international terrorism against a United States person or United States property;
     (3) the arrest or conviction in any country of any individual for committing, primarily outside the territorial jurisdiction of the United States, any narcotics-related offense if that offense involves or is a significant part of conduct that involves -

     (A) a violation of United States narcotics laws such that the individual would be a major violator of such laws;
     (B) the killing or kidnapping of -

     (i) any officer, employee, or contract employee of the United States Government while such individual is engaged in official duties, or on account of that individual's official duties, in connection with the enforcement of United States narcotics laws or the implementing of United States narcotics control objectives; or
     (ii) a member of the immediate family of any such individual on account of that individual's official duties, in connection with the enforcement of United States narcotics laws or the implementing of United States narcotics control objectives; or

     (C) an attempt or conspiracy to commit any act described in subparagraph (A) or (B);

     (4) the arrest or conviction in any country of any individual aiding or abetting in the commission of an act described in paragraph (1), (2), or (3); or
(<-- Previous Changes)
     (5) the prevention, frustration, or favorable resolution of an act described in paragraph (1), (2), or (3), including by dismantling an organization in whole or significant part; or
     (6) the identification or location of an individual who holds a key leadership position in a terrorist organization.

     (1) Procedures
To ensure that the payment of rewards pursuant to this section does not duplicate or interfere with the payment of informants or the obtaining of evidence or information, as authorized to the Department of Justice, the offering, administration, and payment of rewards under this section, including procedures for -

     (A) identifying individuals, organizations, and offenses with respect to which rewards will be offered;
     (B) the publication of rewards;
     (C) the offering of joint rewards with foreign governments;
     (D) the receipt and analysis of data; and
     (E) the payment and approval of payment,
shall be governed by procedures developed by the Secretary of State, in consultation with the Attorney General.

     (2) Prior approval of Attorney General required
Before making a reward under this section in a matter over which there is Federal criminal jurisdiction, the Secretary of State shall obtain the concurrence of the Attorney General.

(d) Funding

     (1) Authorization of appropriations
Notwithstanding section 102 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-93; 99 Stat. 408), but subject to paragraph (2), there are authorized to be appropriated to the Department of State from time to time such amounts as may be necessary to carry out this section.
     (2) Limitation
No amount of funds may be appropriated under paragraph (1) which, when added to the unobligated balance of amounts previously appropriated to carry out this section, would cause such amounts to exceed $15,000,000.
     (3) Allocation of funds
To the maximum extent practicable, funds made available to carry out this section should be distributed equally for the purpose of preventing acts of international terrorism and for the purpose of preventing international narcotics trafficking.
     ~~(4)~~ (2) Period of availability
Amounts appropriated under paragraph (1) shall remain available until expended.

(e) Limitations and certification

     (1) Maximum amount
No reward paid under this section may exceed $5,000,000, except as personally authorized by the Secretary of State if he determines that offer or payment of an award of a larger amount is necessary to combat terrorism or defend the Nation against terrorist acts.
(Next Changes->)
     (2) Approval
A reward under this section of more than $100,000 may not be made without the approval of the Secretary.
     (3) Certification for payment
Any reward granted under this section shall be approved and certified for payment by the Secretary.
     (4) Nondelegation of authority
The authority to approve rewards of more than $100,000 set forth in paragraph (2) may not be delegated.
     (5) Protection measures
If the Secretary determines that the identity of the recipient of a reward or of the members of the recipient's immediate family must be protected, the Secretary may take such measures in connection with the payment of the reward as he considers necessary to effect such protection.

(f) Ineligibility
An officer or employee of any entity of Federal, State, or local government or of a foreign government who, while in the performance of his or her official duties, furnishes information described in subsection (b) of this section shall not be eligible for a reward under this section.

(g) Reports

(1) Reports on payment of rewards
Not later than 30 days after the payment of any reward under this section, the Secretary shall submit a report to the appropriate congressional committees with respect to such reward. The report, which may be submitted in classified form if necessary, shall specify the amount of the reward paid, to whom the reward was paid, and the acts with respect to which the reward was paid. The report shall also discuss the significance of the information for which the reward was paid in dealing with those acts.
(2) Annual reports
Not later than 60 days after the end of each fiscal year, the Secretary shall submit a report to the appropriate congressional committees with respect to the operation of the rewards program. The report shall provide information on the total amounts expended during the fiscal year ending in that year to carry out this section, including amounts expended to publicize the availability of rewards.

(h) Publication regarding rewards offered by foreign governments
Notwithstanding any other provision of this section, in the sole discretion of the Secretary, the resources of the rewards program shall be available for the publication of rewards offered by foreign governments regarding acts of international terrorism which do not involve United States persons or property or a violation of the narcotics laws of the United States.

(i) Determinations of Secretary
A determination made by the Secretary under this section shall be final and conclusive and shall not be subject to judicial review.

(j) Definitions
As used in this section:

     (1) Act of international terrorism
The term ''act of international terrorism'' includes -

     (A) any act substantially contributing to the acquisition of unsafeguarded special nuclear material (as defined in paragraph (8) of section 6305 of this title) or any nuclear explosive device (as defined in paragraph (4) of that section) by an individual, group, or non-nuclear-weapon state (as defined in paragraph (5) of that section); and
     (B) any act, as determined by the Secretary, which materially supports the conduct of international terrorism, including the counterfeiting of United States currency or the illegal use of other monetary instruments by an individual, group, or country supporting international terrorism as determined for purposes of section 2405(j)(1)(A) of title 50, Appendix.

     (2) Appropriate congressional committees
The term ''appropriate congressional committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.
     (3) Member of the immediate family
The term ''member of the immediate family'', with respect to an individual, includes -

     (A) a spouse, parent, brother, sister, or child of the individual;
     (B) a person with respect to whom the individual stands in loco parentis; and
     (C) any person not covered by subparagraph (A) or (B) who is living in the individual's household and is related to the individual by blood or marriage.

     (4) Rewards program
The term ''rewards program'' means the program established in subsection (a)(1) of this section.
     (5) United States narcotics laws
The term ''United States narcotics laws'' means the laws of the United States for the prevention and control of illicit trafficking in controlled substances (as such term is defined in section 802(6) of title 21).
     (6) United States person
The term ''United States person'' means -

     (A) a citizen or national of the United States; and
     (B) an alien lawfully present in the United States.

misc administrative and Yugoslavia/Rwanda details omitted

REWARDS FOR INTERNATIONAL TERRORISTS
Section 501 of Pub. L. 99-399 provided that:

''It is the sense of the Congress that the Secretary of State should more vigorously utilize the moneys available under section 36(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(a); relating to rewards for information on international terrorism) to more effectively apprehend and prosecute international terrorists. It is further the sense of the Congress that the Secretary of State should consider widely publicizing the sizable rewards available under present law so that major international terrorist figures may be brought to justice.''

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 4802, 5512 of this title;
title 8 sections 1101, 1255;
title 18 section 3076.

22 USC Sec. 2780 01/02/01

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 39 - ARMS EXPORT CONTROL
SUBCHAPTER III - MILITARY EXPORT CONTROLS

Sec. 2780. Transactions with countries supporting acts of international terrorism

(a) Prohibited transactions by United States Government
The following transactions by the United States Government are prohibited:

     (1) Exporting or otherwise providing (by sale, lease or loan, grant, or other means), directly or indirectly, any munitions item to a country described in subsection (d) of this section under the authority of this chapter, the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or any other law (except as provided in subsection (h) of this section). In implementing this paragraph, the United States Government -

     (A) shall suspend delivery to such country of any such item pursuant to any such transaction which has not been completed at the time the Secretary of State makes the determination described in subsection (d) of this section, and
     (B) shall terminate any lease or loan to such country of any such item which is in effect at the time the Secretary of State makes that determination.

     (2) Providing credits, guarantees, or other financial assistance under the authority of this chapter, the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or any other law (except as provided in subsection (h) of this section), with respect to the acquisition of any munitions item by a country described in subsection (d) of this section. In implementing this paragraph, the United States Government shall suspend expenditures pursuant to any such assistance obligated before the Secretary of State makes the determination described in subsection (d) of this section. The President may authorize expenditures otherwise required to be suspended pursuant to the preceding sentence if the President has determined, and reported to the Congress, that suspension of those expenditures causes undue financial hardship to a supplier, shipper, or similar person and allowing the expenditure will not result in any munitions item being made available for use by such country.
     (3) Consenting under section 2753(a) of this title, under section 505(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2314(a)), under the regulations issued to carry out section 2778 of this title, or under any other law (except as provided in subsection (h) of this section), to any transfer of any munitions item to a country described in subsection (d) of this section.
In implementing this paragraph, the United States Government shall withdraw any such consent which is in effect at the time the Secretary of State makes the determination described in subsection (d) of this section, except that this sentence does not apply with respect to any item that has already been transferred to such country.
     (4) Providing any license or other approval under section 2778 of this title for any export or other transfer (including by means of a technical assistance agreement, manufacturing licensing agreement, or coproduction agreement) of any munitions item to a country described in subsection (d) of this section.
In implementing this paragraph, the United States Government shall suspend any such license or other approval which is in effect at the time the Secretary of State makes the determination described in subsection (d) of this section, except that this sentence does not apply with respect to any item that has already been exported or otherwise transferred to such country.
     (5) Otherwise facilitating the acquisition of any munitions item by a country described in subsection (d) of this section.
This paragraph applies with respect to activities undertaken -

     (A) by any department, agency, or other instrumentality of the Government,
     (B) by any officer or employee of the Government (including members of the United States Armed Forces), or
     (C) by any other person at the request or on behalf of the Government.
The Secretary of State may waive the requirements of the second sentence of paragraph (1), the second sentence of paragraph (3), and the second sentence of paragraph (4) to the extent that the Secretary determines, after consultation with the Congress, that unusual and compelling circumstances require that the United States Government not take the actions specified in that sentence.

(b) Prohibited transactions by United States persons

     (1) In general
A United States person may not take any of the following actions:

     (A) Exporting any munitions item to any country described in subsection (d) of this section.
     (B) Selling, leasing, loaning, granting, or otherwise providing any munitions item to any country described in subsection (d) of this section.
     (C) Selling, leasing, loaning, granting, or otherwise providing any munitions item to any recipient which is not the government of or a person in a country described in subsection (d) of this section if the United States person has reason to know that the munitions item will be made available to any country described in subsection (d) of this section.
     (D) Taking any other action which would facilitate the acquisition, directly or indirectly, of any munitions item by the government of any country described in subsection (d) of this section, or any person acting on behalf of that government, if the United States person has reason to know that that action will facilitate the acquisition of that item by such a government or person.

     (2) Liability for actions of foreign subsidiaries, etc.
A United States person violates this subsection if a corporation or other person that is controlled in fact by that United States person (as determined under regulations, which the President shall issue) takes an action described in paragraph (1) outside the United States.
     (3) Applicability to actions outside the United States
Paragraph (1) applies with respect to actions described in that paragraph which are taken either within or outside the United States by a United States person described in subsection (l)(3)(A) or (B) of this section. To the extent provided in regulations issued under subsection (l)(3)(D) of this section, paragraph (1) applies with respect to actions described in that paragraph which are taken outside the United States by a person designated as a United States person in those regulations.

(1) the acquisition of munitions items by the government of a country described in subsection (d) of this section; and
(2) the acquisition of munitions items by any individual, group, or other person within a country described in subsection (d) of this section, except to the extent that subparagraph (D) of subsection (b)(1) of this section provides otherwise.

(d) Countries covered by prohibition
The prohibitions contained in this section apply with respect to a country if the Secretary of State determines that the government of that country has repeatedly provided support for acts of international terrorism. For purposes of this subsection, such acts shall include all activities that the Secretary determines willfully aid or abet the international proliferation of nuclear explosive devices to individuals or groups or willfully aid or abet an individual or groups in acquiring unsafeguarded special nuclear material.

(e) Publication of determinations
Each determination of the Secretary of State under subsection (d) of this section shall be published in the Federal Register.

(f) Rescission

     (1) A determination made by the Secretary of State under subsection (d) 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 -

     (A) before the proposed rescission would take effect, a report certifying that -

     (i) there has been a fundamental change in the leadership and policies of the government of the country concerned;
     (ii) that government is not supporting acts of international terrorism; and
     (iii) that government has provided assurances that it will not support acts of international terrorism in the future; or

     (B) at least 45 days before the proposed rescission would take effect, a report justifying the rescission and certifying that -

     (i) the government concerned has not provided any support for international terrorism during the preceding 6-month period; and
     (ii) the government concerned has provided assurances that it will not support acts of international terrorism in the future.

     (2)

     (A) No rescission under paragraph (1)(B) of a determination under subsection (d) of this section may be made if the Congress, within 45 days after receipt of a report under paragraph (1)(B), enacts a joint resolution the matter after the resolving clause of which is as follows:
''That the proposed rescission of the determination under section 40(d) of the Arms Export Control Act pursuant to the report submitted to the Congress on
_ _ _ _ _ _ _ _ _
is hereby prohibited.'',
the blank to be completed with the appropriate date.
     (B) A joint resolution described in subparagraph (A) and introduced within the appropriate 45-day period shall be considered in the Senate and the House of Representatives in accordance with paragraphs (3) through (7) of section 8066(c) of the Department of Defense Appropriations Act (as contained in Public Law 98-473), except that references in such paragraphs to the Committees on Appropriations of the House of Representatives and the Senate shall be deemed to be references to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, respectively.

(g) Waiver
The President may waive the prohibitions contained in this section with respect to a specific transaction if -

     (1) the President determines that the transaction is essential to the national security interests of the United States; and
     (2) not less than 15 days prior to the proposed transaction, the President -

     (A) consults with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate; and
     (B) submits to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report containing -

     (i) the name of any country involved in the proposed transaction, the identity of any recipient of the items to be provided pursuant to the proposed transaction, and the anticipated use of those items;
     (ii) a description of the munitions items involved in the proposed transaction (including their market value) and the actual sale price at each step in the transaction (or if the items are transferred by other than sale, the manner in which they will be provided);
     (iii) the reasons why the proposed transaction is essential to the national security interests of the United States and the justification for such proposed transaction;
     (iv) the date on which the proposed transaction is expected to occur; and
     (v) the name of every United States Government department, agency, or other entity involved in the proposed transaction, every foreign government involved in the proposed transaction, and every private party with significant participation in the proposed transaction.
To the extent possible, the information specified in subparagraph (B) of paragraph (2) shall be provided in unclassified form, with any classified information provided in an addendum to the report.

(h) Exemption for transactions subject to National Security Act reporting requirements
The prohibitions contained in this section do not apply with respect to any transaction 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).

(i) Relation to other laws

(1) In general
With regard to munitions items controlled pursuant to this chapter, the provisions of this section shall apply notwithstanding any other provision of law, other than section 614(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2364(a)).
(2) Section 614(a) waiver authority
If the authority of section 614(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2364(a)) is used to permit a transaction under that Act (22 U.S.C. 2151 et seq.) or this chapter which is otherwise prohibited by this section, the written policy justification required by that section shall include the information specified in subsection (g)(2)(B) of this section.

(j) Criminal penalty
Any person who willfully violates this section shall be fined for each violation not more than $1,000,000, imprisoned not more than 10 years, or both.

(k) Civil penalties; enforcement
In the enforcement of this section, the President is authorized to exercise the same powers concerning violations and enforcement which are conferred upon departments, agencies, and officials by sections 11(c), 11(e), 11(g), and 12(a) of the Export Administration Act of 1979 (50 App. U.S.C. 2410(c), (e), (g), 2411(a)) (subject to the same terms and conditions as are applicable to such powers under that Act (50 App. U.S.C. 2401 et seq.)), except that section 11(c)(2)(B) of such Act shall not apply, and instead, as prescribed in regulations issued under this section, the Secretary of State may assess civil penalties for violations of this chapter and regulations prescribed thereunder and further may commence a civil action to recover such civil penalties, and except further that, notwithstanding section 11(c) of that Act, the civil penalty for each violation of this section may not exceed $500,000.

(l) Definitions
As used in this section -

     (1) the term ''munitions item'' means any item enumerated on the United States Munitions list (FOOTNOTE 1) (without regard to whether the item is imported into or exported from the United States);
(FOOTNOTE 1) So in original. Probably should be capitalized.
     (2) the term ''United States'', when used geographically, means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States;
     (3) the term ''United States person'' means -

     (A) any citizen or permanent resident alien of the United States;
     (B) any sole proprietorship, partnership, company, association, or corporation having its principal place of business within the United States or organized under the laws of the United States, any State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or any territory or possession of the United States;
     (C) any other person with respect to that person's actions while in the United States; and
     (D) to the extent provided in regulations issued by the Secretary of State, any person that is not described in subparagraph (A), (B), or (C) but -

     (i) is a foreign subsidiary or affiliate of a United States person described in subparagraph (B) and is controlled in fact by that United States person (as determined in accordance with those regulations), or
     (ii) is otherwise subject to the jurisdiction of the United States,
with respect to that person's actions while outside the United States;

     (4) the term ''nuclear explosive device'' has the meaning given that term in section 6305(4) of this title; and
     (5) the term ''unsafeguarded special nuclear material'' has the meaning given that term in section 6305(8) of this title.

misc administrative details omitted

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 2371, 2656g, 3281, 7205 of this title;
title 50 sections 2202, 2332.

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