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22 U.S.C. § 2349AA

Section 2349aa · Limitations

Current version, with additions and removals from the April 30, 1994 version.

Current — July 21, 1996
As of April 30, 1994
(a) Services and commodities; reimbursement

Notwithstanding section 2420 of this title, services and commodities may be granted for the purposes of this part to eligible foreign countries, subject to reimbursement of the value thereof (within the meaning of section 2403(m) of this title) pursuant to section 2392 of this title from funds available to carry out this part.

(b) Services and commodities furnished by agency of United States Government; advance payment
(a) Services and commodities furnished by agency of United States Government; advance payment

Whenever the President determines it to be consistent with and in furtherance of the purposes of this part, and on such terms and conditions consistent with this chapter as he may determine, any agency of the United States Government is authorized to furnish services and commodities, without charge to funds available to carry out this part, to an eligible foreign country, subject to payment in advance of the value thereof (within the meaning of section 2403(m) of this title) in United States dollars by the foreign country. Credits and the proceeds of guaranteed loans made available to such countries pursuant to the Arms Export Control Act [22 U.S.C. 2751 et seq.] shall not be used for such payments. Collections under this part shall be credited to the currently applicable appropriation, account, or fund of the agency providing such services and commodities and shall be available for the purposes for which such appropriation, account, or fund is authorized to be used.

Whenever the President determines it to be consistent with and in furtherance of the purposes of this part, and on such terms and conditions consistent with this chapter as he may determine, any agency of the United States Government is authorized to furnish services and commodities, without charge to funds available to carry out this part, to an eligible foreign country, subject to payment in advance of the value thereof (within the meaning of section 2403(m) of this title) in United States dollars by the foreign country. Credits and the proceeds of guaranteed loans made available to such countries pursuant to the Arms Export Control Act [22 U.S.C. 2751 et seq.] shall not be used for such payments. Collections under this part shall be credited to the currently applicable appropriation, account, or fund of the agency providing such services and commodities and shall be available for the purposes for which such appropriation, account, or fund is authorized to be used.

(c) Consultation in development and implementation of assistance
(b) Consultation in development and implementation of assistance
The Assistant Secretary of State for Democracy, Human Rights, and Labor shall be consulted in the development and implementation of the antiterrorism assistance program under this part, including determinations of the foreign countries that will be furnished assistance under this part and determinations of the nature of assistance to be furnished to each such country.
The Assistant Secretary of State for Democracy, Human Rights, and Labor shall be consulted in the determinations of the foreign countries that will be furnished assistance under this part and determinations of the nature of assistance to be furnished to each such country.
(d) Location for training and advice; law enforcement personnel training; availability of items on Munition List and services, personnel, etc., involved in collection of intelligence

(1) Training services (including short term refresher training) provided pursuant to this part may be conducted outside the United States only if—

(A) the training to be conducted outside the United States will be provided during a period of not more than 30 days;

(B) such training relates to—

(i) aviation security;

(ii) crisis management;

(iii) document screening techniques;

(iv) facility security;

(v) maritime security;

(vi) VIP protection; or

(vii) the handling of detector dogs, except that only short term refresher training may be provided under this clause; and

(C) at least 15 days before such training is to begin, the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate are notified in accordance with the procedures applicable to reprogramming notifications.

(2) Personnel of the United States Government authorized to advise eligible foreign countries on antiterrorism matters shall carry out their responsibilities, to the maximum extent possible, within the United States. Such personnel may provide advice outside the United States on antiterrorism matters to eligible foreign countries for periods not to exceed 30 consecutive calendar days.

(3)(A) Except as provided in subparagraph (B), employees of the Department of State shall not engage in the training of law enforcement personnel or the provision of services under this part.

(B) Subparagraph (A) does not apply to training (including short term refresher training) or services provided to law enforcement personnel by employees of the Bureau of Diplomatic Security with regard to crisis management, facility security, or VIP protection.

(4)(A) Articles on the United States Munitions List may be made available under this part only if—

(i) they are small arms in category I (relating to firearms), ammunition in category III (relating to ammunition) for small arms in category I, articles in category IV(c) or VI(c) (relating to detection and handling of explosive devices), articles in category X (relating to protective personnel equipment), or articles in paragraph (b), (c), or (d) of category XIII (relating to speech privacy devices, underwater breathing apparatus and armor plating), and they are directly related to antiterrorism training under this part;

(ii) the recipient country is not prohibited by law from receiving assistance under one or more of the following provisions: part II of this subchapter (relating to grant military assistance), part V of this subchapter (relating to international military education and training), or the Arms Export Control Act [22 U.S.C. 2751 et seq.] (relating to foreign military sales financing); and

(iii) at least 15 days before the articles are made available to the foreign country, the President notifies the Committee on Foreign Affairs of the House of Representatives and Committee on Foreign Relations of the Senate of the proposed transfer, in accordance with the procedures applicable to reprogramming notifications pursuant to section 2394–1 of this title.

(c) Arms and ammunition; value of equipment and commodities

(1) Arms and ammunition may be provided under this part only if they are directly related to antiterrorism assistance.

(B) The value (in terms of original acquisition cost) of all equipment and commodities provided under subsection (a) of this section in any fiscal year may not exceed 25 percent of the funds made available to carry out this part for that fiscal year.
(2) The value (in terms of original acquisition cost) of all equipment and commodities provided under this part in any fiscal year shall not exceed 30 percent of the funds made available to carry out this part for that fiscal year.

(C) No shock batons or similar devices may be provided under this part.

(5) Assistance under this part shall not include provision of services, equipment, personnel, or facilities involved in the collection of intelligence as defined in Executive Order 12333 of December 4, 1981, other than limited training in the organization of intelligence for antiterrorism purposes.

(e) Information exchange activities
(d) Information exchange activities

This part does not apply to information exchange activities conducted by agencies of the United States Government under other authority for such purposes.

This part does not apply to information exchange activities conducted by agencies of the United States Government under other authority for such purposes.

(f) Personnel compensation or benefits

Funds made available to carry out this part may not be used for personnel compensation or benefits.

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