TITLE 22 - US CODE - SUBCHAPTER IX - TRANSFER OF CERTAIN CFE TREATY-LIMITED EQUIPMENT TO NATO MEMBERS

22 USC 2799 - Purpose

The purpose of this subchapter is to authorize the President to support, consistent with the CFE Treaty, a NATO equipment transfer program that will

(1) enhance NATOs forces,

(2) increase NATO standardization and interoperability, and

(3) better distribute defense burdens within the NATO alliance.

22 USC 2799a - CFE Treaty obligations

The authorities provided in this subchapter shall be exercised consistent with the obligations incurred by the United States in connection with the CFE Treaty.

22 USC 2799b - Authorities

(a) General authority
The President may transfer to any NATO/CFE country, in accordance with NATO plans, defense articles

(1) that are battle tanks, armoured combat vehicles, or artillery included within the CFE Treatys definition of conventional armaments and equipment limited by the Treaty;

(2) that were, as of the date of signature of the CFE Treaty, in the stocks of the Department of Defense and located in the CFE Treatys area of application; and

(3) that the President determines are not needed by United States military forces within the CFE Treatys area of application.

(b) Acceptance of NATO assistance in eliminating direct costs of transfers
In order to eliminate direct costs of facilitating transfers of defense articles under subsection (a) of this section, the United States may utilize services provided by NATO or any NATO/CFE country, including inspection, repair, or transportation services with respect to defense articles so transferred.

(c) Acceptance of NATO assistance in meeting certain United States obligations
In order to facilitate United States compliance with the CFE Treaty-mandated obligations for destruction of conventional armaments and equipment limited by the CFE Treaty, the United States may utilize services or funds provided by NATO or any NATO/CFE country.

(d) Authority to transfer on grant basis
Defense articles may be transferred under subsection (a) of this section without cost to the recipient country.

(e) Third country transfers restrictions
For purposes of sections 2753 (a)(2), 2753 (a)(3), 2753 (c), and 2753 (d) of this title, defense articles transferred under subsection (a) of this section shall be deemed to have been sold under this chapter.

(f) Maintenance of military balance in Eastern Mediterranean
The President shall ensure that transfers by the United States under subsection (a) of this section, taken together with transfers by other NATO/CFE countries in implementing the CFE Treaty, are of such valuations so as to be consistent with the United States policy, embodied in section 2373 of this title, of maintaining the military balance in the Eastern Mediterranean.

(g) Expiration of authority

(1) In general
Except as provided in paragraph (2), the authority of subsection (a) of this section expires at the end of the 40-month period beginning on the date on which the CFE Treaty enters into force.

(2) Transition rule
Paragraph (1) does not apply with respect to a transfer of defense articles for which notification under section 2799c (a) of this title is submitted before the end of the period described in that paragraph.

22 USC 2799c - Notifications and reports to Congress

(a) Notifications
Not less than 15 days before transferring any defense articles pursuant to section 2799b (a) of this title, the President shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate in accordance with the procedures applicable to reprogramming notifications pursuant to section 2394–1 of this title.

(b) Annual reports
Not later than February 1 each year, the President shall submit to the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives and the Committee on Foreign Relations and the Committee on Armed Services of the Senate a report that

(1) lists all transfers made to each recipient NATO/CFE country by the United States under section 2799b (a) of this title during the preceding calendar year;

(2) describes how those transfers further the purposes described in paragraphs (1) through (3) of section 2799 of this title; and

(3) lists, on a country-by-country basis, all transfers to another country of conventional armaments and equipment limited by the CFE Treaty

(A) by each NATO/CFE country (other than the United States) in implementing the CFE Treaty, and

(B) by each country of the Eastern Group of States Parties in implementing the CFE Treaty.

22 USC 2799d - Definitions

As used in this subchapter

(1) the term CFE Treaty means the Treaty on Conventional Armed Forces in Europe (signed at Paris, November 19, 1990);

(2) the term conventional armaments and equipment limited by the CFE Treaty has the same meaning as the term conventional armaments and equipment limited by the Treaty does under paragraph 1(J) of article II of the CFE Treaty;

(3) the term NATO means the North Atlantic Treaty Organization;

(4) the term NATO/CFE country means a member country of NATO that is a party to the CFE Treaty and is listed in paragraph 1(A) of article II of the CFE Treaty within the group of States Parties that signed or acceded to the Treaty of Brussels of 1948 or the Treaty of Washington of 1949 (the North Atlantic Treaty); and

(5) the term country of the Eastern Group of States Parties means a country that is listed in paragraph 1(A) of article II of the CFE Treaty within the group of States Parties that signed the Treaty of Warsaw of 1955 or a successor state to such a country.