Whenever the President determines it to be consistent with and in furtherance of the purposes of this part, and on such terms and conditions consistent with this chapter as he may determine, any agency of the United States Government is authorized to furnish services and commodities, without charge to funds available to carry out this part, to an eligible foreign country, subject to payment in advance of the value thereof (within the meaning of section 2403(m) of this title) in United States dollars by the foreign country. Credits and the proceeds of guaranteed loans made available to such countries pursuant to the Arms Export Control Act [22 U.S.C. 2751 et seq.] shall not be used for such payments. Collections under this part shall be credited to the currently applicable appropriation, account, or fund of the agency providing such services and commodities and shall be available for the purposes for which such appropriation, account, or fund is authorized to be used.
The Assistant Secretary of State for Democracy, Human Rights, and Labor shall be consulted in the determinations of the foreign countries that will be furnished assistance under this part and determinations of the nature of assistance to be furnished to each such country.
(1) Arms and ammunition may be provided under this part only if they are directly related to antiterrorism assistance.
(2) The value (in terms of original acquisition cost) of all equipment and commodities provided under this part in any fiscal year shall not exceed 30 percent of the funds made available to carry out this part for that fiscal year.
This part does not apply to information exchange activities conducted by agencies of the United States Government under other authority for such purposes.
(Pub. L. 87–195, pt. II, §573, as added Pub. L. 98–151, §101(b)(2), Nov. 14, 1983, 97 Stat. 972; amended Pub. L. 99–83, title V, §501(b), (c), Aug. 8, 1985, 99 Stat. 220; Pub. L. 99–399, title V, §507, Aug. 27, 1986, 100 Stat. 873; Pub. L. 101–604, title II, §213(b), Nov. 16, 1990, 104 Stat. 3086; Pub. L. 103–236, title I, §162(e)(3), Apr. 30, 1994, 108 Stat. 405; Pub. L. 104–132, title III, §328(a), Apr. 24, 1996, 110 Stat. 1257; Pub. L. 104–164, title I, §121(b), July 21, 1996, 110 Stat. 1428.)
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