provocative actions, and shall strongly oppose any attempt to resolve disputes through force or threat of force.

(2) The United States will accord full support and high priority to efforts, particularly those of the United Nations, to bring about a prompt, peaceful settlement on Cyprus.

(3) All defense articles furnished by the United States to countries in the Eastern Mediterranean region will be used only in accordance with the requirements of this Act, the Arms Export Control Act, and the agreements under which those defense articles were furnished.

(4) The United States will furnish security assistance for Greece and Turkey only when furnishing that assistance is intended solely for defensive purposes, including when necessary to enable the recipient country to fulfill its responsibilities as a member of the North Atlantic Treaty Organization, and shall be designed to ensure that the present balance of military strength among countries of the region, including between Greece and Turkey, is preserved. Nothing in this paragraph shall be construed to prohibit the transfer of defense articles to Greece or Turkey for legitimate self defense or to enable Greece or Turkey to fulfill their North Atlantic Treaty Organization obligations.

(5) The United States shall use its influence to ensure the continuation of the ceasefire on Cyprus until an equitable negotiated settlement is reached.

(6) The United States shall use its influence to achieve the withdrawal of Turkish military forces from Cyprus in the context of a solution to the Cyprus problem.

(c) 988 Because progress toward a Cyprus settlement is a high priority of United States policy in the Eastern Mediterranean, the President and the Congress shall continually review that progress and shall determine United States policy in the region accordingly. To facilitate such a review the President shall, within 60 days after the date of enactment of this section and at the end of each succeeding 60-day period, transmit to the Speaker of the House_of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report on progress made toward the conclusion of a negotiated solution of the Cyprus problem. Such transmissions shall include any relevant reports prepared by the Secretary General of the United Nations for the Security Council.

(d) In order to ensure that United States assistance is furnished consistent with the policies established in this section, the President shall, whenever requesting any funds for security assistance under this Act or the Arms Export Control Act for Greece and Turkey, transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate

988 Sec. 209(e)(7) of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536), stated that sec. 3003(a)(1) of Public Law 104-66 (109 Stat. 734) is not applicable to this subsection. Sec. 3003(a)(1) of that Act, as amended, provided that **** each provision of law requiring the submittal to Congress (or any committee of the Congress) of any annual, semiannual, or other regular periodic report specified on the list [prepared by the Clerk of the House of Representatives for the first session of the One Hundred Third Congress] shall cease to be effective, with respect to that requirement, May 15, 2000.". The President delegated the reporting requirement function in subsec. (c) to the Secretary of State on July 31, 2002 (Executive Order 13313; 68 F.R. 46073).

his certification, with a full explanation thereof, that the furnishing of such assistance will be consistent with the principles set forth in subsection (b). The President shall also submit such a certification with any notification to the Congress, pursuant to section 36(b) of the Arms Export Control Act, of a proposed sale of defense articles or services to Greece or Turkey.

(e) 989 (1) Any agreement for the sale or provision of any article on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act) entered into by the United States after the enactment of this provision shall expressly state that the article is being provided by the United States only with the understanding that it will not be transferred to Cyprus or otherwise used to further the severance or division of Cyprus.

(2) The President shall report to Congress any substantial evidence that equipment provided under any such agreement has been used in a manner inconsistent with the purposes of this subsection. Sec. 620D.990, 991 [Repealed-2004]

Sec. 620E.992 Assistance to Pakistan.-(a) The Congress recognizes that Soviet Forces occupying Afghanistan pose a security threat to Pakistan. The Congress also recognizes that an independent and democratic Pakistan with continued friendly ties with the United States is in the interest of both nations. The Congress finds that United States assistance will help Pakistan maintain its independence. Assistance to Pakistan is intended to benefit the people of Pakistan by helping them meet the burdens imposed by the presence of Soviet forces in Afghanistan and by promoting economic development. In authorizing assistance to Pakistan, it is the intent of Congress to promote the expeditious restoration of full civil liberties and representative government in Pakistan. The Congress further recognizes that it is in the mutual interest of Pakistan and the United States to avoid the profoundly destabilizing effects of the proliferation of nuclear explosive devices or the capacity to manufacture or otherwise acquire nuclear devices.

Sec. 562 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (Continuing Appropriations for 1988; Public Law 100-202; 101 Stat. 1329–171) added subsec. (e).

Formerly at 22 U.S.C. 2374. Sec. 7104(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3788) repealed sec. 620D, which had prohibited assistance to Afghanistan until certain conditions were met. Sec. 620D was originally added by sec. 505 of the International Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 378)

stated:

In a determination of October 7, 1992, directed to the Secretary of State, the President "By virtue of the authority vested in me by section 620D(b) of the Foreign Assistance Act of 1961. as amended (22 U.S.C. 2374(b)), I hereby determine that furnishing assistance to Afghanistan with funds authorized to be appropriated under that Act is in the national interest of the United States because of substantially changed circumstances in Afghanistan.

"By virtue of the authority vested in me by section 2(b)(2)(C) of the Export-Import Bank Act of 1945, as amended (12 U.S.C. 635(b)2)C)), I hereby determine that Afghanistan has ceased to be a Marxist-Leninist country within the definition of such term in subparagraph (B)(i) of section 2/bX2) of that Act (12 U.Š.C. 635(b)2)B)(i)).

In accordance with section 118(c)(1) of Public Law 99-190 (99 Stat. 1319), I hereby provide notice of my intention to restore nondiscriminatory trade treatment to the products of Afghanistan no sooner than 30 days following receipt by the Congress of this memorandum." (Presidential Determination No. 93-3 of October 7, 1992; 57 F.R. 47557).

992 22 U.S.C. 2375. Sec. 620E was added by sec. 736 of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1561). The President exercised his authority under subsec. (d) on Feb. 10, 1982 (Presidential Determination No. 82-7).

(b) The United States reaffirms the commitment made in its 1959 bilateral agreement with Pakistan relating to aggression from a Communist or Communist-dominated state.

(c) Security assistance for Pakistan shall be made available in order to assist Pakistan in dealing with the threat to its security posed by the Soviet presence in Afghanistan. The United States will take appropriate steps to ensure that defense articles provided by the United States to Pakistan are used for defensive purposes. (d) 993 The President may waive the prohibitions of section 101 of the Arms Export Control Act with respect to any grounds for the prohibition of assistance under that section arising before the effective date of part B of the Nuclear Proliferation Prevention Act of 1994 to provide assistance to Pakistan if he determines that to do so is in the national interest of the United States.

(e) 994 (1) 995 No military assistance 996 shall be furnished to Pakistan and no military equipment or technology shall be sold or

993 Sec. 822(b)(2) of the Nuclear Proliferation Prevention Act of 1994 (title VIII of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; Public Law 103-236; 108 Stat. 507 at 512), amended and restated subsec. (d). The subsec. formerly read, as previously amended, as follows:

"(d) The President may waive the prohibitions of section 669 of this Act at any time during the period beginning on the date of enactment of this section and ending on September 30, 1994, to provide assistance to Pakistan during that period if he determines that to do so is in the national interest of the United States.".

See the next note relating to Presidential determinations.

994 Popularly referred to as the Pressler amendment. Subsec. (e) was added by sec. 902 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 268). Presidential Determinations No. 86-3 of November 25, 1985; No. 87-3 of October 27, 1986; No. 88-4 of December 17, 1987; 89-7 of November 18, 1988; and 90-1 of October 5, 1989, 54 F.R. 43797, certified that Pakistan does not have a nuclear explosive device and that U.S. assistance would reduce significantly the risk that Pakistan will possess a nuclear explosive device. The President did not certify for fiscal years 1991-1997.

On May 28 and 30, 1998, Pakistan tested nuclear explosive devices. On May 30, 1998, the President determined that such tests had transpired, and imposed a range of sanctions required pursuant to sec. 102(b) of the Arms Export Control Act and sec. 2(b)(4) of the Export-Import Bank Act of 1945 (Presidential Determination No. 98-25; 63 F.R. 31881).

The India-Pakistan Relief Act, enacted as title IX of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (division A, sec. 101(a) of Public Law 105-277; 112 Stat. 2681), however, authorized the President to waive the application of sanctions against India and Pakistan for one year. The President issued such a determination as referred to in sec. 902 of the India-Pakistan Relief Act on December 1, 1998, that provided: "I hereby waive until October 21, 1999, the sanctions and prohibitions contained in section 101 and 102 of the Arms Export Control Act, section 620E(e) of the Foreign Assistance Act of 1961, and section 2(b)(4) of the Export-Import Bank Act of 1945, insofar as such sanctions and prohibitions would otherwise apply to activities of the Export-Import Bank, the Overseas Private Investment Corporation, and the Trade and Development Agency with respect to Pakistan and India; assistance to Pakistan and India under the 'International Military Education and Training program; the making of any loan or financial or technical assistance to Pakistan by any international financial institution in support of the assistance program that Pakistan is negotiating with the International Monetary Fund." (Presidential Determination No. 99-7; Weekly Compilation of Presidential Documents, vol. 34, no. 49, December 7, 1998, p. 2402).

The President extended the waiver on September 30, 1999 (Presidential Determination No. 99-44; 64 F.R. 54503).

Title IX of the Department of Defense Appropriations Act, 2000 (Public Law 106-79; 113 Stat. 1283), repealed the India-Pakistan Relief Act, effective October 21, 1999. In its place, title IX of that Act, as amended, provided the following:

"TITLE IX

"WAIVER OF CERTAIN SANCTIONS AGAINST INDIA AND PAKISTAN

"SEC. 9001. (a) WAIVER AUTHORITY. - Except as provided in subsections (b) and (c) of this section, the President may waive, with respect to India and Pakistan, the application of any sanction contained in section 101 or 102 of the Arms Export Control Act (22 U.S.C. 2799aa or 22 U.S.C. 2799aa-1), section 2(b)(4) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(4)), or section 620E(e) of the Foreign Assistance Act of 1961, as amended, (22 U.S.C. 2375(e)).

“(b) EXCEPTION.-The authority to waive the application of a sanction or prohibition (or portion thereof) under subsection (a) shall not apply with respect to a sanction or prohibition contained in subparagraph (B), (C), or (G) of section 102(b)(2) of the Arms Export Control Act, un

transferred to Pakistan, pursuant to the authorities contained in this Act or any other Act, unless the President shall have certified in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, during the fiscal year in which military assistance is to be fur

less the President determines, and so certifies to the Congress, that the application of the restriction would not be in the national security interests of the United States.

TERMINATION OF WAIVER.—The President may not exercise the authority of subsection (a), and any waiver previously issued under subsection (a) shall cease to apply, with respect to India or Pakistan, if that country detonates a nuclear explosive device after the date of the enactment of this Act or otherwise takes such action which would cause the President to report pursuant to section 102(b)(1) of the Arms Export Control Act.

d) TARGETED SANCTIONS.

11) SENSE OF THE CONGRESS.—

(A) it is the sense of the Congress that the broad application of export controls to nearly 300 Indian and Pakistani entities is inconsistent with the specific national security interests of the United States and that this control list requires refinement; and "B) export controls should be applied only to those Indian and Pakistani entities that make direct and material contributions to weapons of mass destruction and missile programs and only to those items that can contribute to such programs.

(2) REPORTING REQUIREMENT.-Not later than 60 days after the date of the enactment of this Act, the President shall submit both a classified and unclassified report to the appropriate congressional committees listing those Indian and Pakistani entities whose activities contribute to missile programs or weapons of mass destruction programs.

(e) CONGRESSIONAL NOTIFICATION.-The issuance of a license for export of a defense article, defense service, or technology under the authority of this section shall be subject to the same requirements as are applicable to the export of items described in section 36(c) of the Arms Export Control Act (22 U.Ŝ.C. 2776(c)), including the transmittal of information and the application of congressional review procedures. The application of these requirements shall be subject to the dollar amount thresholds specified in that section.

* REPEAL.-The India-Pakistan Relief Act (title IX of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, as contained in section 101(a) of Public Law 105-277) is repealed effective October 21, 1999.".

The President waived the application of sanctions under the new law on October 27, 1999 (Presidential Determination No. 2000-4; 64 F.R. 60649), to the following extent:

(1) with respect to India, insofar as such sanctions would otherwise apply to activities of the Export-Import Bank, the Overseas Private Investment Corporation, and the Trade and Development Agency; assistance under the International Military Education and Training' program; the making of any loan or the providing of any credit to the Government of India by any U.S. bank; assistance to the Asian elephant Conservation Fund, the Rhinoceros and Tiger conservation Fund, and the Indo-American Environmental Leadership program; and any credit, credit guarantee, or other financial assistance provided by the Department of Agriculture to support the purchase of food or other agricultural commodity; and

"(2) with respect to Pakistan, insofar as such sanctions would otherwise apply to any credit, credit guarantee, or other financial assistance provided by the Department of Agriculture to support the purchase of food or other agricultural commodity; and the making of any loan or the providing of any credit to the Government of Pakistan by any U.S. bank." (Presidential Determination No. 2000-4; October 27, 1999; 64 F.R. 60649).

On September 22, 2001, the President lifted all nuclear test-related sanctions against India and Pakistan, under the authority granted him in the Defense Appropriations Act, FY 2000 (Presidential Determination No. 2001-28; 66 F.R. 50095).

On October 27, 2001, the President signed Public Law 107-57 (115 Stat. 403), authorizing the waiver of remaining sanctions imposed against Pakistan for debt arrearage and the military overthrow of its democratically elected government. On March 14, 2003, the President determined that a waiver of the coup-related sanctions imposed against Pakistan "would facilitate the transition to democratic rule in Pakistan; and is important to United States efforts to respond to, deter, or prevent acts of international terrorism" and thus waived the sanctions for FY 2003 (Presidential Determination No. 2003-16; 68 F.R. 13803). The President waived the sanctions for 2004 in Presidential Determination No. 2004-26 of March 24, 2004 (69 F.R. 21675), Sec. 7103(c) of Public Law 108-458 extended the applicability of Public Law 107-57 through Fiscal Year 2006.

See also sec. 102 of the Arms Export Control Act, as amended by the Agriculture Export Relief Act of 1998 (Public Law 105-194; 112 Stat. 627).

See also sec. 589 of the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2174), relating to the availability of excess defense articles for certain countries.

995 Sec. 559(a)(1)(D) and (E) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 Stat. 743), added para. designation 1)", and added new paras. (2) through (4). These amendments are popularly collectively referred to as the "Brownback amendment."

996 Popularly referred to as the Brown amendment. Sec. 559(a)(1)(A) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 Stat. 743), struck out “No assistance", and inserted in lieu thereof "No military assistance".

nished or military equipment or technology 997 is to be sold or transferred, that Pakistan does not possess a nuclear explosive device and that the proposed United States military assistance 998 program will reduce significantly the risk that Pakistan will possess a nuclear explosive device.

(2) 995 The prohibitions in this section do not apply to any assistance or transfer provided for the purposes of:

(A) International narcotics control (including chapter 8 of part I of this Act) or any provision of law available for providing assistance for counternarcotics purposes.

(B) Facilitating military-to-military contact, training (including chapter 5 of part II of this Act) and humanitarian and civic assistance projects.

(C) Peacekeeping and other multilateral operations (including chapter 6 of part II of this Act relating to peacekeeping) or any provision of law available for providing assistance for peacekeeping purposes, except that lethal military equipment provided under this subparagraph shall be provided on a lease or loan basis only and shall be returned upon completion of the operation for which it was provided.

(D) Antiterrorism assistance (including chapter 8 of part II of this Act relating to antiterrorism assistance) or any provision of law available for antiterrorism assistance purposes. (3) 995 The restrictions of this subsection shall continue to apply to contracts for the delivery of F-16 aircraft to Pakistan.

(4) 995 Notwithstanding the restrictions contained in this subsection, military equipment, technology, or defense services, other than F-16 aircraft, may be transferred to Pakistan pursuant to contracts or cases entered into before October 1, 1990.

(f) 999 STORAGE COSTS.-The President may release the Government of Pakistan of its contractual obligation to pay the United States Government for the storage costs of items purchased prior to October 1, 1990, but not delivered by the United States Government pursuant to subsection (e) and may reimburse the Government of Pakistan for any such amount paid, on such terms and conditions as the President may prescribe: Provided, That such payments have no budgetary impact.

(g) 999 INAPPLICABILITY OF RESTRICTIONS TO PREVIOUSLY OWNED ITEMS.-Section 620E(e) does not apply to broken, worn or unupgraded items or their equivalent which Pakistan paid for and took possession of prior to October 1, 1990 and which the Government of Pakistan sent to the United States for repair or upgrade. Such equipment or its equivalent may be returned to the Government of Pakistan: Provided, That the President determines and so certifies to the appropriate congressional committees that such equipment or equivalent neither constitutes nor has received any

997 Sec. 559(a)(1)(B) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 Stat. 743), struck out "in which assistance is to be furnished or military equipment or technology" and inserted in lieu thereof "in which military assistance is to be furnished or military equipment or technology".

998 Sec. 559(a)(1)(C) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 Stat. 743), struck out "the proposed United States assistance" and inserted in lieu thereof "the proposed United States military assistance". 999 Sec. 559(a)(2) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 Stat. 743), added subsecs. (f), (g), and (h).