50 U.S.C. § 2368 — Annual reports on the proliferation of missiles and essential components of nuclear, biological, chemical, and radiological weapons
submitted 24 years ago by Pub. L. 107-228 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 989 words · no verdicts yet
The President must annually report transfers of missiles, technology, components, and materials that could help countries obtain or make nuclear, biological, chemical, or radiological weapons. The report must cover programs, suppliers, assistance, diplomatic actions, enforcement, policy, and sanctionable transfers, with specified exclusions and definitions.
(a) Starting March 1, 2003, and each year after, the President must report to the designated congressional committees transfers by any country of weapons, technology, components, or materials usable to deliver, make—including research and experiments—or weaponize nuclear, biological, chemical, or radiological weapons (“NBC weapons”) to a country not listed in (d) that is seeking to possess or otherwise acquire those weapons, technology, or materials, or any other system the Secretary or Defense Secretary reasonably believes could develop, acquire, or deliver NBC weapons.
(b) The report must include transfers of (1) aircraft, cruise missiles, artillery, unguided rockets, multiple-rocket systems, and related bombs, shells, warheads, and other weaponization items believed intended for NBC delivery; (2) MTCR equipment or technology transferred internationally to a country seeking to acquire that equipment, or any other system the Secretary or the Secretary of Defense has reason to believe may be used to deliver NBC weapons; and (3) technology, test equipment, radioactive materials, feedstocks, cultures, and other specialized materials believed usable to make NBC weapons.
(c) For the preceding calendar year, the report must cover: (1) missile, aircraft, and other NBC-delivery and weaponization programs, including efforts to obtain MTCR equipment, NBC-capable aircraft, or other relevant weapons or major components; (2) NBC development, acquisition, manufacturing, stockpiling, and deployment programs, including efforts to obtain testing or manufacturing equipment and technology, weaponization equipment and technology, radioactive material, feedstocks or components, biological cultures, and toxins; (3) assistance after September 30, 2002, by any person or government to a country or subnational group to acquire or develop (A) NBC weapons, (B) missile systems as defined in the MTCR or missile systems that the Secretary or the Secretary of Defense has reason to believe may be used to deliver NBC weapons, or (C) aircraft, delivery systems, or weapons believed usable for delivery; (4) persons and countries still supplying those items, including the extent of knowing and material assistance; (5) use or substantial preparation to use them; (6) United States and other MTCR participants’ diplomatic actions concerning suspected violations; (7) how effective United States and other regulatory and enforcement systems are at controlling exports of MTCR and other NBC-related equipment or technology; (8) summaries of advisory opinions under the cited provisions; (9) United States policy on transferring MTCR equipment or technology to foreign missile programs, including space-launch programs; and (10) each preceding-12-month transfer subject to sanctions under the Iran-Iraq Arms Non-Proliferation Act of 1992.
(d) Excluded countries are Australia, Belgium, Canada, the Czech Republic, Denmark, France, Germany, Greece, Hungary, Iceland, Italy, Japan, Luxembourg, the Netherlands, New Zealand, Norway, Poland, Portugal, Spain, Turkey, the United Kingdom, and the United States.
(e) The Secretary must try to submit the information unclassified. Classified information must be in an addendum, with a detailed unclassified summary submitted at the same time.
(f)(1) “Designated congressional committees” means the House Appropriations, Armed Services, and International Relations Committees and the Senate Appropriations, Armed Services, and Foreign Relations Committees. (2) “Missile,” “MTCR,” and “MTCR equipment or technology” have the meanings in 22 U.S.C. § 2797c. (3) “Person” means any United States or foreign individual, partnership, corporation, other association, or successor, parent, or subsidiary. (4) “Weaponize” and “weaponization” mean incorporating, or the incorporation of, something into usable ordnance or another militarily useful delivery method.
Not later than March 1, 2003, and annually thereafter, the President shall transmit to the designated congressional committees an annual report on the transfer by any country of weapons, technology, components, or materials that can be used to deliver, manufacture (including research and experimentation), or weaponize nuclear, biological, chemical or radiological weapons (in this section referred to as “NBC weapons”) to any country other than a country referred to in subsection (d) that is seeking to possess or otherwise acquire such weapons, technology, or materials, or other system that the Secretary or the Secretary of Defense has reason to believe could be used to develop, acquire, or deliver NBC weapons.
Each such report shall include—
the transfer of all aircraft, cruise missiles, artillery weapons, unguided rockets and multiple rocket systems, and related bombs, shells, warheads and other weaponization technology and materials that the Secretary or the Secretary of Defense has reason to believe may be intended for the delivery of NBC weapons;
international transfers of MTCR equipment or technology to any country that is seeking to acquire such equipment or any other system that the Secretary or the Secretary of Defense has reason to believe may be used to deliver NBC weapons; and
the transfer of technology, test equipment, radioactive materials, feedstocks and cultures, and all other specialized materials that the Secretary or the Secretary of Defense has reason to believe could be used to manufacture NBC weapons.
Each such report shall include the following with respect to preceding 1 calendar year:
The status of missile, aircraft, and other NBC weapons delivery and weaponization programs in any such country, including efforts by such country or by any subnational group to acquire MTCR-controlled equipment, NBC-capable aircraft, or any other weapon or major weapon component which may be utilized in the delivery of NBC weapons, whose primary use is the delivery of NBC weapons, or that the Secretary or the Secretary of Defense has reason to believe could be used to deliver NBC weapons.
The status of NBC weapons development, acquisition, manufacture, stockpiling, and deployment programs in any such country, including efforts by such country or by any subnational group to acquire essential test equipment, manufacturing equipment and technology, weaponization equipment and technology, and radioactive material, feedstocks or components of feedstocks, and biological cultures and toxins.
A description of assistance provided by any person or government, after September 30, 2002, to any such country or subnational group in the acquisition or development of—
NBC weapons;
missile systems, as defined in the MTCR or that the Secretary or the Secretary of Defense has reason to believe may be used to deliver NBC weapons; and
aircraft and other delivery systems and weapons that the Secretary or the Secretary of Defense has reason to believe could be used to deliver NBC weapons.
A listing of those persons and countries that continue to provide such equipment or technology described in paragraph (3) to any country or subnational group as of the date of submission of the report, including the extent to which foreign persons and countries were found to have knowingly and materially assisted such programs.
A description of the use of, or substantial preparations to use, the equipment of technology described in paragraph (3) by any foreign country or subnational group.
A description of the diplomatic measures that the United States, and that other adherents to the MTCR and other arrangements affecting the acquisition and delivery of NBC weapons, have made with respect to activities and private persons and governments suspected of violating the MTCR and such other arrangements.
An analysis of the effectiveness of the regulatory and enforcement regimes of the United States and other countries that adhere to the MTCR and other arrangements affecting the acquisition and delivery of NBC weapons in controlling the export of MTCR and other NBC weapons and delivery system equipment or technology.
A summary of advisory opinions issued under section 4612(b)(4) of this title and under section 2797b(d) of title 22.
An explanation of United States policy regarding the transfer of MTCR equipment or technology to foreign missile programs, including programs involving launches of space vehicles.
A description of each transfer by any person or government during the preceding 12-month period which is subject to sanctions under the Iran-Iraq Arms Non-Proliferation Act of 1992 (title XVI of Public Law 102–484).
The countries excluded under subsection (a) are Australia, Belgium, Canada, the Czech Republic, Denmark, France, Germany, Greece, Hungary, Iceland, Italy, Japan, Luxembourg, the Netherlands, New Zealand, Norway, Poland, Portugal, Spain, Turkey, the United Kingdom, and the United States.
The Secretary shall make every effort to submit all of the information required by this section in unclassified form. Whenever the Secretary submits any such information in classified form, the Secretary shall submit such classified information in an addendum and shall also submit concurrently a detailed summary, in unclassified form, of that classified information.
In this section:
The term “designated congressional committees” means—
the Committee on Appropriations, the Committee on Armed Services, and the Committee on International Relations of the House of Representatives; and
the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate.
The terms “missile”, “MTCR”, and “MTCR equipment or technology” have the meanings given those terms in section 2797c of title 22.
The term “person” means any United States or foreign individual, partnership, corporation, or other form of association, or any of its successor entities, parents, or subsidiaries.
The term “weaponize” or “weaponization” means to incorporate into, or the incorporation into, usable ordnance or other militarily useful means of delivery.
Source credit: (Pub. L. 107–228, div. B, title XIII, § 1308, Sept. 30, 2002, 116 Stat. 1439.)
- 2002Enacted · Pub. L. 107-228 · 116 Stat. 1439
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-228 on 2002-09-30.
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