§ 2799b. Authorities

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(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 Treaty’s 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 Treaty’s area of application; and

(3)that the President determines are not needed by United States military forces within the CFE Treaty’s 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), 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)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)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), 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)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.

(Pub. L. 90–629, ch. 9, § 93, as added Pub. L. 102–228, § 2, Dec. 12, 1991, 105 Stat. 1691.)

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