Designation of major non-NATO allies (2024)

22 USC 2321k: Designation of major non-NATO alliesText contains those laws in effect on December 23, 2023

From Title 22-FOREIGN RELATIONS AND INTERCOURSECHAPTER 32-FOREIGN ASSISTANCESUBCHAPTER II-MILITARY ASSISTANCE AND SALESPart II-Military Assistance

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§2321k. Designation of major non-NATO allies

(a) Notice to Congress

The President shall notify the Congress in writing at least 30 days before-

(1) designating a country as a major non-NATO ally for purposes of this chapter and the Arms Export Control Act (22 U.S.C. 2751 et seq.); or

(2) terminating such a designation.

(b) Initial designations

Australia, Egypt, Israel, Japan, the Republic of Korea, and New Zealand shall be deemed to have been so designated by the President as of the effective date of this section, and the President is not required to notify the Congress of such designation of those countries.

(Pub. L. 87–195, pt. II, §517, as added Pub. L. 104–164, title I, §147(a)(1), July 21, 1996, 110 Stat. 1434.)


Editorial Notes

References in Text

This chapter, referred to in subsec. (a)(1), was in the original "this Act", meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.

The Arms Export Control Act, referred to in subsec. (a)(1), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.

The effective date of this section, referred to in subsec. (b), is July 21, 1996, the date of enactment of Pub. L. 104–164, which enacted this section.

Prior Provisions

A prior section 2321k, Pub. L. 87–195, pt. II, §517, as added Pub. L. 101–231, §5, Dec. 13, 1989, 103 Stat. 1957; amended Pub. L. 101–623, §15, Nov. 21, 1990, 104 Stat. 3357; Pub. L. 102–583, §9(a), Nov. 2, 1992, 106 Stat. 4934; Pub. L. 103–236, title VII, §731(b), Apr. 30, 1994, 108 Stat. 502, related to modernization of counternarcotics capabilities of certain Latin America and Caribbean countries, prior to repeal by Pub. L. 104–164, title I, §104(b)(2)(B), July 21, 1996, 110 Stat. 1427.


Statutory Notes and Related Subsidiaries

Treatment of Taiwan Relating to Transfers of Defense Articles and Defense Services

Pub. L. 107–228, div. B, title XII, §1206, Sept. 30, 2002, 116 Stat. 1428, provided that: "Notwithstanding any other provision of law, for purposes of the transfer or possible transfer of defense articles or defense services under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or any other provision of law, Taiwan shall be treated as though it were designated a major non-NATO ally (as defined in section 644(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(q))[)]."

[For definitions of "defense article" and "defense service" as used in section 1206 of Pub. L. 107–228, set out above, see section 1002 of Pub. L. 107–228, set out as a note under section 2151 of this title.]


Executive Documents

Delegation of Functions

For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.

Presidential Determinations Relating to Designations of Countries as Major Non-NATO Allies

The following Presidential Determinations related to the designation or termination of the countries listed as major non-NATO allies of the United States for purposes of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and the Arms Export Control Act (22 U.S.C. 2751 et seq.):

Afghanistan.-Determination No. 2012–11, dated July 6, 2012, released July 7, 2012, not published in Federal Register. Terminated by Determination No. 2022–24, Sept. 23, 2022, 87 F.R. 60057.

Argentina.-Determination No. 98–9, Jan. 6, 1998, 63 F.R. 3635.

Bahrain.-Determination No. 2002–10, Mar. 14, 2002, 67 F.R. 13247.

Brazil.-Determination No. 2019–21, July 31, 2019, 84 F.R. 43035.

Colombia.-Determination No. 2022–14, May 23, 2022, 87 F.R. 32943.

Jordan.-Determination No. 97–4, Nov. 12, 1996, 61 F.R. 59809.

Kuwait.-Determination No. 2004–21, Jan. 15, 2004, 69 F.R. 4843.

Morocco.-Determination No. 2004–35, June 3, 2004, 69 F.R. 34049.

Pakistan.-Determination No. 2004–37, June 16, 2004, 69 F.R. 38797.

Philippines.-Determination No. 2004–02, Oct. 6, 2003, 68 F.R. 59855.

Qatar.-Determination No. 2022–10, Mar. 10, 2022, 87 F.R. 15025.

Thailand.-Determination No. 2004–16, Dec. 30, 2003, 69 F.R. 2053.

Tunisia.-Determination No. 2015–09, July 10, 2015, 80 F.R. 43613.

This statute, 22 USC 2321k, deals with the designation of major non-NATO allies and is part of the broader framework of U.S. foreign relations and military assistance. It outlines the procedures and requirements for designating countries as major non-NATO allies under the Foreign Assistance Act and the Arms Export Control Act. To establish credibility, let's break down the key concepts and terms in this statute.

  1. Foreign Assistance Act of 1961: This legislation, also known as Pub. L. 87–195, was enacted to enhance the security and promote foreign policy objectives of the United States. It authorizes various forms of aid to foreign countries.

  2. Arms Export Control Act: Pub. L. 90–629, this act provides the legal framework for controlling the export of defense articles and services from the United States.

  3. Major Non-NATO Allies: This refers to countries that are not members of NATO (North Atlantic Treaty Organization) but have been designated by the President of the United States to receive certain benefits and privileges in terms of military assistance and sales.

  4. Designation Process: The statute outlines the process through which a country can be designated as a major non-NATO ally. The President must provide Congress with a written notification at least 30 days before designating or terminating such status for a country.

  5. Initial Designations: The statute specifically lists countries that were initially deemed to have major non-NATO ally status as of the effective date of the section. These countries are Australia, Egypt, Israel, Japan, the Republic of Korea, and New Zealand.

  6. Presidential Determinations: The statute references specific presidential determinations related to the designation or termination of major non-NATO allies. These determinations specify the status of individual countries and when such status was designated or terminated.

  7. Prior Provisions: The statute acknowledges the existence of prior provisions related to the modernization of counternarcotics capabilities of certain Latin America and Caribbean countries, which were repealed upon the enactment of this section.

  8. Treatment of Taiwan: A notable mention is the treatment of Taiwan regarding defense article and service transfers. It specifies that for these purposes, Taiwan should be treated as if it were designated a major non-NATO ally.

Understanding these concepts helps to grasp the significance and procedural aspects of designating major non-NATO allies and the legislative framework guiding such decisions.

Designation of major non-NATO allies (2024)
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