22 U.S.C. § 2779 — Fees of military sales agents
submitted 50 years ago by Pub. L. 90-629 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 496 words · no verdicts yet
The Secretary of State must require reports and records about payments connected with certain sales or exports of defense articles and services. The President may regulate those payments, and Congress and authorized agencies may obtain the reports and records.
(a) The Secretary of State must require, under regulations, adequate and prompt reports about political contributions, gifts, commissions, and fees that a person pays, offers, or agrees to pay to help obtain sales of defense articles or services under sections 2762 or 2769, licensed commercial sales under section 2778, or treaty-authorized exports under section 2778(j)(1)(C)(i), to the armed forces of a foreign country or an international organization. The regulations must state which amounts and kinds of payments must be reported, the report's form and timing, and the names of sales agents and other recipients. The Secretary must also require whatever recordkeeping the Secretary finds necessary.
(b) The President may regulate these contributions, gifts, commissions, and fees, including prohibiting them, limiting them, or setting conditions, when the President decides this advances this chapter's purposes.
(c) A contribution, gift, commission, or fee may be included in a procurement-contract price under section 2762 or 2769 only if it is reasonable, properly chargeable to that contract, and was not paid to someone who obtained or claimed to be able to obtain the sale through “improper influence.” This section does not define “improper influence” generally; it says the term means direct or indirect influence that causes or tries to cause an employee or officer of a foreign government or international organization to consider or act about the purchase for a reason other than the kind of merit considered in comparable United States procurements.
(d)(1) All information reported to the Secretary and all records kept under this section must be available on request to any standing congressional committee or subcommittee and to any United States agency legally authorized to inspect the person's books and records. (2) An agency's access to these records is governed by the same terms and conditions that govern its access to that person's other books and records.
In accordance with such regulations as he may prescribe, the Secretary of State shall require adequate and timely reporting on political contributions, gifts, commissions and fees paid, or offered or agreed to be paid, by any person in connection with—
sales of defense articles or defense services under section 2762 of this title, or of design and construction services under section 2769 of this title;
commercial sales of defense articles or defense services licensed or approved under section 2778 of this title; or
exports of defense articles or defense services pursuant to a treaty referenced in section 2778(j)(1)(C)(i) of this title;
to or for the armed forces of a foreign country or international organization in order to solicit, promote, or otherwise to secure the conclusion of such sales. Such regulations shall specify the amounts and the kinds of payments, offers, and agreements to be reported, and the form and timing of reports, and shall require reports on the names of sales agents and other persons receiving such payments. The Secretary of State shall by regulation require such recordkeeping as he determines is necessary.
The President may, by regulation, prohibit, limit, or prescribe conditions with respect to such contributions, gifts, commissions, and fees as he determines will be in furtherance of the purposes of this chapter.
No such contribution, gift, commission, or fee may be included, in whole or in part, in the amount paid under any procurement contract entered into under section 2762 or section 2769 of this title, unless the amount thereof is reasonable, allocable to such contract, and not made to a person who has solicited, promoted, or otherwise secured such sale, or has held himself out as being able to do so, through improper influence. For the purposes of this section, “improper influence” means influence, direct or indirect, which induces or attempts to induce consideration or action by any employee or officer of a purchasing foreign government or international organization with respect to such purchase on any basis other than such consideration of merit as are involved in comparable United States procurements.
All information reported to the Secretary of State and all records maintained by any person pursuant to regulations prescribed under this section shall be available, upon request, to any standing committee of the Congress or any subcommittee thereof and to any agency of the United States Government authorized by law to have access to the books and records of the person required to submit reports or to maintain records under this section.
Access by an agency of the United States Government to records maintained under this section shall be on the same terms and conditions which govern the access by such agency to the books and records of the person concerned.
Source credit: (Pub. L. 90–629, ch. 3, § 39, as added Pub. L. 94–329, title VI, § 604(b), June 30, 1976, 90 Stat. 767; amended Pub. L. 96–533, title I, § 105(e)(2), Dec. 16, 1980, 94 Stat. 3135; Pub. L. 111–266, title I, § 104(e), Oct. 8, 2010, 124 Stat. 2800.)
- 1976Enacted · Pub. L. 90-629 · 90 Stat. 767
- 1980Amended · Pub. L. 96-533 · 94 Stat. 3135
- 2010Amended · Pub. L. 111-266 · 124 Stat. 2800
A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-629 on 1976-06-30.
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