22 U.S.C. § 2371 — Prohibition on assistance to governments supporting international terrorism
submitted 50 years ago by Pub. L. 87-195 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 480 words · no verdicts yet
The United States may not give listed forms of assistance to a country whose government repeatedly supports international terrorism, unless the President follows specific rescission or waiver procedures.
(a) The United States may not provide assistance under this chapter, the Food for Peace Act, the Peace Corps Act, or the Export-Import Bank Act of 1945 to a country whose government the State Secretary determines has repeatedly supported international-terrorism acts.
(b) Every such determination, including one in effect on December 12, 1989, must be published in the Federal Register.
(c) The Secretary may not rescind a determination unless the President sends Congress: (1) before rescission, a report certifying that the country’s leadership and policies fundamentally changed, its government is not supporting terrorism, and it has promised not to do so in the future; or (2) at least 45 days before rescission, a report justifying it and certifying that the government gave no terrorism support in the preceding six months and promised not to support it in the future.
(d) The President may waive the prohibition if national-security or humanitarian reasons justify it. Humanitarian reasons cannot justify assistance under subchapter II, including parts IV, VI, and VIII, or under the Export-Import Bank Act. At least 15 days before the waiver, the President must consult the House Foreign Affairs and Senate Foreign Relations Committees and send the House Speaker and Senate Foreign Relations chair a report stating the recipient country; the reasons; the type, amount, and justification for the assistance; and the waiver period. This waiver may not provide assistance also prohibited by 22 U.S.C. § 2780.
The United States shall not provide any assistance under this chapter, the Food for Peace Act [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.
Each determination of the Secretary of State under subsection (a), including each determination in effect on December 12, 1989, shall be published in the Federal Register.
A determination made by the Secretary of State under subsection (a) 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—
before the proposed rescission would take effect, a report certifying that—
there has been a fundamental change in the leadership and policies of the government of the country concerned;
that government is not supporting acts of international terrorism; and
that government has provided assurances that it will not support acts of international terrorism in the future; or
at least 45 days before the proposed rescission would take effect, a report justifying the rescission and certifying that—
the government concerned has not provided any support for international terrorism during the preceding 6-month period; and
the government concerned has provided assurances that it will not support acts of international terrorism in the future.
Assistance prohibited by subsection (a) may be provided to a country described in that subsection if—
the President determines that national security interests or humanitarian reasons justify a waiver of subsection (a), 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
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—
the name of the recipient country;
a description of the national security interests or humanitarian reasons which require the waiver;
the type and amount of and the justification for the assistance to be provided pursuant to the waiver; and
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.
Source credit: (Pub. L. 87–195, pt. III, § 620A, as added Pub. L. 94–329, title III, § 303, June 30, 1976, 90 Stat. 753; amended Pub. L. 99–83, title V, § 503(a), Aug. 8, 1985, 99 Stat. 220; Pub. L. 99–190, § 101(i) [title V, § 521], Dec. 19, 1985, 99 Stat. 1291, 1305; Pub. L. 101–222, § 5, Dec. 12, 1989, 103 Stat. 1897; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(Q), June 18, 2008, 122 Stat. 1820.)
- 1976Enacted · Pub. L. 87-195 · 90 Stat. 753
- 1985Amended · Pub. L. 99-83 · 99 Stat. 220
- 1985Amended · Pub. L. 99-190 · 99 Stat. 1291, 1305
- 1989Amended · Pub. L. 101-222 · 103 Stat. 1897
- 2008Amended · Pub. L. 110-246 · 122 Stat. 1820
A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-195 on 1976-06-30.
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