§ 287d TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 158

essary to carry out the purpose of implementing any

other arms embargo mandated by resolution of the

United Nations Security Council, consistent with the

allocation of functions delegated under section 3 of this

order. The Secretary of State or the Secretary of Commerce may redelegate any of these functions to other

officers and agencies of the United States Government.

SEC. 6. Judicial Review. Nothing contained in this

order shall create any right or benefit, substantive or

procedural, enforceable by any party against the

United States, its agencies or instrumentalities, its officers or employees, or any other person.

SEC. 7. Effective Date. This order shall take effect at

11:59 p.m. eastern daylight time on May 26, 1994.

WILLIAM J. CLINTON.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 sections 3409,

3413.

§ 287d. Use of armed forces; limitations

The President is authorized to negotiate a special agreement or agreements with the Security

Council which shall be subject to the approval of

the Congress by appropriate Act or joint resolution, providing for the numbers and types of

armed forces, their degree of readiness and general location, and the nature of facilities and assistance, including rights of passage, to be made

available to the Security Council on its call for

the purpose of maintaining international peace

and security in accordance with article 43 of

said Charter. The President shall not be deemed

to require the authorization of the Congress to

make available to the Security Council on its

call in order to take action under article 42 of

said Charter and pursuant to such special agreement or agreements the armed forces, facilities,

or assistance provided for therein: Provided,

That, except as authorized in section 287d–1 of

this title, nothing herein contained shall be construed as an authorization to the President by

the Congress to make available to the Security

Council for such purpose armed forces, facilities,

or assistance in addition to the forces, facilities,

and assistance provided for in such special

agreement or agreements.

(Dec. 20, 1945, ch. 583, §6, 59 Stat. 621; Oct. 10,

1949, ch. 660, §4, 63 Stat. 735.)

REFERENCES IN TEXT

Article 43 of said Charter and article 42 of said Charter, referred to in text, are articles of the United Nations Charter.

Herein, referred to in text, means act Dec. 20, 1945,

ch. 583, 59 Stat. 619, as amended, known as the United

Nations Participation Act of 1945, which is classified

generally to this subchapter (§287 et seq.). For complete classification of this Act to the Code, see Short

Title note set out under section 287 of this title and

Tables.

AMENDMENTS

1949—Act Oct. 10, 1949, inserted ‘‘, except as authorized in section 287d–1 of this title,’’ in proviso.

§ 287d–1. Noncombatant assistance to United Nations

(a) Armed forces details; supplies and equipment; obligation of funds; procurement and

replacement of requested items

Notwithstanding the provisions of any other

law, the President, upon the request by the

United Nations for cooperative action, and to

the extent that he finds that it is consistent

with the national interest to comply with such

request, may authorize, in support of such activities of the United Nations as are specifically

directed to the peaceful settlement of disputes

and not involving the employment of armed

forces contemplated by chapter VII of the

United Nations Charter—

(1) the detail to the United Nations, under

such terms and conditions as the President

shall determine, of personnel of the armed

forces of the United States to serve as observers, guards, or in any non-combatant capacity,

but in no event shall more than a total of one

thousand of such personnel be so detailed at

any one time: Provided, That while so detailed,

such personnel shall be considered for all purposes as acting in the line of duty, including

the receipt of pay and allowances as personnel

of the armed forces of the United States, credit for longevity and retirement, and all other

perquisites appertaining to such duty: Provided further, That upon authorization or approval by the President, such personnel may

accept directly from the United Nations (a)

any or all of the allowances or perquisites to

which they are entitled under the first proviso

hereof, and (b) extraordinary expenses and perquisites incident to such detail;

(2) the furnishing of facilities, services, or

other assistance and the loan of the agreed

fair share of the United States of any supplies

and equipment to the United Nations by the

Department of Defense, under such terms and

conditions as the President shall determine;

(3) the obligation, insofar as necessary to

carry out the purposes of clauses (1) and (2) of

this subsection, of any funds appropriated to

the Department of Defense or any department

therein, the procurement of such personnel,

supplies, equipment, facilities, services, or

other assistance as may be made available in

accordance with the request of the United Nations, and the replacement of such items,

when necessary, where they are furnished from

stocks.

(b) Reimbursement from United Nations; waiver

of reimbursement

Whenever personnel or assistance is made

available pursuant to the authority contained in

subsection (a)(1) and (2) of this section, the

President shall require reimbursement from the

United Nations for the expense thereby incurred

by the United States: Provided, That in exceptional circumstances, or when the President

finds it to be in the national interest, he may

waive, in whole or in part, the requirement of

such reimbursement: Provided further, That

when any such reimbursement is made, it shall

be credited, at the option of the appropriate department of the Department of Defense, either

to the appropriation, fund, or account utilized in

incurring the obligation, or to an appropriate

appropriation, fund, or account currently available for the purposes for which expenditures

were made.

(c) Additional appropriation authorizations

In addition to the authorization of appropriations to the Department of State contained in
Page 159 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287e

section 287e of this title, there is hereby authorized to be appropriated to the Department of Defense, or any department therein, such sums as

may be necessary to reimburse such departments in the event that reimbursement from the

United Nations is waived in whole or in part

pursuant to authority contained in subsection

(b) of this section.

(d) Disclosure of information

Nothing in this subchapter shall authorize the

disclosure of any information or knowledge in

any case in which such disclosure is prohibited

by any other law of the United States.

(Dec. 20, 1945, ch. 583, §7, as added Oct. 10, 1949,

ch. 660, §5, 63 Stat. 735; amended Aug. 10, 1949,

ch. 412, §12(a), 63 Stat. 591.)

CHANGE OF NAME

National Military Establishment changed to Department of Defense by act Aug. 10, 1049.

EX. ORD. NO. 10206. SUPPORT OF PEACEFUL SETTLEMENT

OF DISPUTES

Ex. Ord. No. 10206, Jan. 19, 1951, 16 F.R. 529, provided:

By virtue of the authority vested in me by the Constitution and the statutes, including the United Nations Participation Act of 1945 (59 Stat. 619), as amended [this subchapter], hereinafter referred to as the Act,

and the act of August 8, 1950 (Public Law 673, 81st Congress) [sections 301 to 303 of Title 3, The President], and

as President of the United States, it is hereby ordered

as follows:

1. The Secretary of State, upon the request by the

United Nations for cooperative action, and to the extent that he finds that it is consistent with the national interest to comply with such request, is authorized, in support of such activities of the United Nations

as are specifically directed to the peaceful settlement

of disputes and not involving the employment of armed

forces contemplated by Chapter VII of the United Nations Charter, to request the Secretary of Defense to

detail personnel of the armed forces to the United Nations, and to furnish facilities, services, or other assistance and to loan supplies and equipment to the United

Nations in an agreed fair share of the United States

under such terms and conditions as the Secretary of

State and the Secretary of Defense shall jointly determine and in accordance with and subject to the provisions of paragraphs (1), (2), and (3) of section 7(a) of the

Act [subsection (a)(1), (2) and (3) of this section], and

the Secretary of Defense is authorized to comply with

the request of the Secretary of State, giving due regard

to the requirements of the national defense.

2. The Secretary of State, in accordance with and

subject to the provisions of section 7(b) of the Act [subsection (b) of this section], shall require reimbursement

from the United Nations for the expense thereby incurred by the United States whenever personnel or assistance is made available to the United Nations, except that in exceptional circumstances, or when the

Secretary of State finds it to be in the national interest, he may, after consultation with the Secretary of

Defense, waive, in whole or in part, the requirement of

such reimbursement.

3. The Secretary of Defense, in accordance with and

subject to the provisions of section 7(a)(1) of the Act

[subsection (a)(1) of this section], may authorize personnel of the armed forces detailed to the United Nations to accept directly from the United Nations (a)

any or all of the allowances or perquisites to which

they are entitled under the first proviso of section

7(a)(1) of the Act [subsection (a)(1) of this section], and

(b) extraordinary expenses and perquisites incident to

such detail.

HARRY S TRUMAN.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 287d, 2348 of this

title.

§ 287e. Authorization of appropriations; payment

of expenses

There is hereby authorized to be appropriated

annually to the Department of State, out of any

money in the Treasury not otherwise appropriated, such sums as may be necessary for the

payment by the United States of its share of the

expenses of the United Nations as apportioned

by the General Assembly in accordance with article 17 of the Charter, and for all necessary salaries and expenses of the representatives provided for in section 287 of this title, and of their

appropriate staffs, including personal services in

the District of Columbia and elsewhere, without

regard to the civil-service laws and chapter 51

and subchapter III of chapter 53 of title 5; travel

expenses without regard to the Standardized

Government Travel Regulations, as amended,

subchapter I of chapter 57 and section 5731 of

title 5 and, under such rules and regulations as

the Secretary of State may prescribe, travel expenses of families and transportation of effects

of United States representatives and other personnel in going to and returning from their post

of duty; allowances for living quarters, including heat, fuel, and light, as authorized by section 5912 of title 5; cost-of-living allowances for

personnel stationed abroad under such rules and

regulations as the Secretary of State may prescribe; communications services; stenographic

reporting, translating, and other services, by

contract; hire of passenger motor vehicles and

other local transportation; rent of offices; printing and binding without regard to section 501 of

title 44; allowances and expenses as provided in

section 287r of this title, and allowances and expenses equivalent to those provided in section

4085 of this title; the lease or rental (for periods

not exceeding ten years) of living quarters for

the use of the representatives provided for in

section 287 of this title serving abroad and of

their appropriate staffs the cost of installation

and use of telephones in the same manner as

telephone service is provided for use of the Foreign Service pursuant to section 1348 of title 31,

and unusual expenses similar to those authorized by section 5913 of title 5, incident to the operation and maintenance of such living quarters

abroad; and such other expenses as may be authorized by the Secretary of State; all without

regard to section 5 of title 41.

(Dec. 20, 1945, ch. 583, §8, formerly §7, 59 Stat.

621, renumbered and amended Oct. 10, 1949, ch.

660, §6, 63 Stat. 736; Oct. 28, 1949, ch. 782, title II,

§202(2), title XI, §1106(a), 63 Stat. 954, 972; Pub. L.

86–707, title III, §311(b), Sept. 6, 1960, 74 Stat. 797;

Pub. L. 96–465, title II, §2206(a)(2)(B), Oct. 17,

1980, 94 Stat. 2161; Pub. L. 97–241, title I, §119,

Aug. 24, 1982, 96 Stat. 280; Pub. L. 100–459, title

III, §304(a), Oct. 1, 1988, 102 Stat. 2207.)

REFERENCES IN TEXT

Article 17 of the Charter, referred to in text, is article

17 of the United Nations Charter.

The civil-service laws, referred to in text, are set

forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5.