Nonproliferation and export control assistance

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1. Assistance aimed at the supply chain of proliferation

Part IX of the military assistance and sales subchapter of the Foreign Assistance Act, as codified, funds a different kind of help from arms transfers. Its purpose is to stop weapons and materials from moving, not to supply them. "The purposes of assistance under this part are to halt the proliferation of nuclear, chemical, and biological weapons, and conventional weaponry" (22 U.S.C. 2349bb), through activities designed to meet four aims.

The first aim is to enhance friendly countries’ nonproliferation and export control capabilities by providing training and equipment to detect, deter, monitor, interdict and counter proliferation. The second is to strengthen bilateral ties with friendly governments through concrete assistance. The third extends to other countries certain activities earlier authorized only for the independent states of the former Soviet Union. The fourth is to promote multilateral activities, including cooperation with international organizations (22 U.S.C. 2349bb).

2. What the President may provide

The authority is broad and overrides most other law. Notwithstanding any other provision of law, except two named human rights and terrorism provisions, the President may furnish assistance to carry out these purposes on terms he determines (22 U.S.C. 2349bb-1). The assistance may include training services, and the provision of funds, equipment and other commodities.

The statute lists what that support can address. It covers the detection, deterrence, monitoring, interdiction and prevention or countering of proliferation. It also covers the establishment of effective nonproliferation laws and regulations, and the apprehension of individuals involved in proliferation (22 U.S.C. 2349bb-1). A later provision separately authorizes assistance to friendly countries for proliferation detection and interdiction and for developing complementary capabilities (22 U.S.C. 2349bb-5).

3. A quarter of the money for stopping shipments

Congress fixed a floor for interdiction. The President must ensure that, beginning in fiscal year 2007, "not less than one-quarter of the total of such assistance is obligated for the purpose of enhancing the capabilities of friendly countries to detect and interdict proliferation-related shipments of cargo" to non-state actors and states of proliferation concern (22 U.S.C. 2349bb-2(a)).

Priority within that share goes to friendly countries the Secretary of State has determined are frequently transited by proliferation-related cargo, and it applies when the reserved share is apportioned among countries (22 U.S.C. 2349bb-2(b)). Each such determination is notified to the House and Senate foreign affairs committees within 30 days, with reasons, in classified or unclassified form as necessary (22 U.S.C. 2349bb-2(d)).

The President may also conclude agreements with other countries, including reciprocal maritime agreements. Their purpose is to facilitate measures that prevent the transport of weapons of mass destruction and related materials and delivery systems to non-state actors and states of proliferation concern (22 U.S.C. 2349bb-2(c)).

4. Training foreign officials in export control

A dedicated training authority supports the same goals. The President may furnish education and training to military and civilian personnel of foreign countries to enhance their nonproliferation and export control capabilities, through special courses conducted by the United States. Whenever feasible, the training is to be provided on a reimbursable basis (22 U.S.C. 2349bb-2a(a)).

The Secretary of State has overall responsibility for the program and may use other departments and agencies to recommend students and run courses (22 U.S.C. 2349bb-2a(b)). The courses are to be technical in nature, emphasizing techniques for detecting, deterring, monitoring, interdicting and countering proliferation. They are also meant to build understanding with friendly countries and help them use their own resources with maximum effectiveness (22 U.S.C. 2349bb-2a(c)). Personnel from countries frequently transited by proliferation-related cargo should be given priority (22 U.S.C. 2349bb-2a(d)).

5. Securing and eliminating conventional weapons

The Secretary of State is separately authorized "to secure, remove, or eliminate stocks of man-portable air defense systems (MANPADS), small arms and light weapons, stockpiled munitions, abandoned ordnance, and other conventional weapons" located outside the United States and determined to pose a proliferation threat (22 U.S.C. 2349bb-6(a)). Tactical missile systems, related equipment and facilities are included.

The activities listed range widely (22 U.S.C. 2349bb-6(b)). They include humanitarian demining, and eliminating or securing MANPADS and other weapons. They also include helping countries with safe handling and storage, and cooperative programs with NATO and other international organizations. The funds themselves may also be used to eliminate or safeguard these weapons. The statute also covers measures to ensure that equipment and funds, including security upgrades at storage sites, continue to be used for authorized purposes. The authority does not affect the powers of the Secretary of Defense (22 U.S.C. 2349bb-6(c)). Defense Department demining assistance is covered in mine action and excess property.

6. Limits and funding

Two limits from the antiterrorism assistance part also apply here (22 U.S.C. 2349bb-3). Agencies may furnish services and commodities to an eligible country without charge to program funds only against advance payment in dollars. The part also does not cover information exchange activities under other authority (22 U.S.C. 2349aa-2(a) and 22 U.S.C. 2349aa-2(d)). Payment may not come from credits or guaranteed loan proceeds extended under the Arms Export Control Act. Collections are credited to the account of the agency that furnished the services or commodities and remain available for that account’s purposes (22 U.S.C. 2349aa-2(a)).

The authorization in the Code, $162,000,000, is for fiscal year 2003, and funds remain available until expended (22 U.S.C. 2349bb-4(a) and 22 U.S.C. 2349bb-4(b)). The same section treats certain 2002 appropriations as made under this part, including assistance under the Nonproliferation and Disarmament Fund and export control and border assistance (22 U.S.C. 2349bb-4(d)). The covered amounts come from two accounts in the 2002 foreign operations appropriations act. One funded nonproliferation, antiterrorism, demining and related programs, and the other funded assistance for the independent states of the former Soviet Union (22 U.S.C. 2349bb-4(c)). The covered activities also include science and technology centers in those states and export control assistance (22 U.S.C. 2349bb-4(d)).

Key terms

Transit interdiction	The quarter of funds reserved for helping countries detect and stop proliferation-related cargo.
Transit country	A friendly country the Secretary of State determines is frequently crossed by such cargo, given priority.
MANPADS	Man-portable air defense systems, among the weapons the Secretary may secure or eliminate abroad.
Nonproliferation and Disarmament Fund	A program whose 2002 appropriations are treated as made under this part.

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This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

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