Page:United States Statutes at Large Volume 103 Part 2.djvu/948

 103 STAT. 1958 PUBLIC LAW 101-231—DEC. 13, 1989 22 USC 2321k. "SEC. 517. MODERNIZATION OF MILITARY CAPABILITIES OF CERTAIN MAJOR ILLICIT DRUG PRODUCING COUNTRIES. "(a) AUTHORITY TO TRANSFER EXCESS DEFENSE ARTICLES.—Subject to the limitations in this section, the President may transfer to a country— "(1) which is a major illicit drug producing country (as defined in section 481(i)(2)) in Latin America and the Caribbean, "(2) which has a democratic government, and "(3) whose armed forces do not engage in a consistent pattern of gross violations of internationaly recognized human rights (as defined in section 502B(d)(l)), such excess defense articles as may be necessary to carry out subsection (b). "(b) PURPOSE.— Excess defense articles may be transferred under subsection (a) only for the purpose of encouraging the military forces of an eligible country in Latin America and the Caribbean to participate with local law enforcement agencies in a comprehensive national smtinarcotics program, conceived and developed by the government of that country, by conducting activities within that country and on the high seas to prevent the production, processing, trafficking, transportation, and consumption of illicit narcotic or psychotropic drugs or other controlled substances (as defined in section 481(i)(3)). "(c) USES OF EXCESS DEFENSE ARTICLES.— Excess defense articles may be furnished to a country under subsection (a) only if that country ensures that those excess defense articles will be used only in support of antinarcotics activities. "(d) ROLE OF THE SECRETARY OF STATE.— The Secretary of State shall determine the eligibility of countries to receive excess defense articles under subsection (a). In accordance with section 4601 of the International Narcotics Control Act of 1988, the Secretary shall ensure that the transfer of excess defense articles under subsection (a) is coordinated with other antinarcotics enforcement programs assisted by the United States Government. "(e) DOLLAR LIMITATION.— The aggregate value of excess defense articles transferred to a country under subsection (a) in any fiscal year may not exceed $10,000,000. " (f) (JoNDiTiONS ON TRANSFERS.—The President may transfer excess defense articles under this section only if— "(1) they are drawn from existing stocks of the Department of Defense; "(2) funds available to the Department of Defense for the procurement of defense equipment are not expended in connec- tion with the transfer; and "(3) the President determines that the transfer of the excess defense articles will not have an adverse impact on the military readiness of the United States. "(g) TERMS OF TRANSFERS.—Excess defense articles may be trans- ferred under this section without cost to the recipient country. " (h) WAIVER OF REQUIREMENT FOR REIMBURSEMENT OF DOD EX- PENSES.—Section 632(d) does not apply with respect to transfers of excess defense articles under this section. "(i) NOTIFICATION TO CONGRESS. — "(1) ADVANCE NOTICE.—The President may not transfer exce^ defense articles under this section until 30 days after the Presi-

�