Anti-Terrorism and Arms Export Amendments Act of 1989
PL 101-222 (H.R.91), enacted 12/12/1989

103 STAT. 1892 
PUBLIC LAW 101-222--DEC. 12, 1989 
Public Law 101-222 
101st Congress 
An Act 
Dec. 12.1989 
[H.R. 91] 
Anti-Terrorism 
and Arms 
Export 
Amendments 
Act of 1989. 
22 u s e 2151 
note. 
To prohibit exports of military equipment to countries supporting international 
terrorism, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the "Anti-Terrorism 
and Arms Export Amendments Act of 1989". 
(b) TABLE OF CONTENTS.—The table of contents for this Act is as 
follows: 
Sec. 1. Short title and table of contents. 
Sec. 2. Prohibition on arms transactions with countries supporting terrorism. 
Sec. 3. Considerations in issuance of arms export licenses and in arms sales. 
Sec. 4. Exports to countries supporting terrorism. 
Sec. 5. Prohibition on assistance to countries supporting international terrorism. 
Sec. 6. Designation of items on the munitions list. 
Sec. 7. Quarterly reports on third country transfers and on DOD transfers to other 
agencies. 
Sec. 8. Special authorities. 
Sec. 9. Hostage Act. 
Sec. 10. Self-defense in accordance with international law. 
SEC. 
2. PROHIBITION ON ARMS TRANSACTIONS WITH COUNTRIES 
SUPPORTING TERRORISM. 
(a) PROHIBITION.—Section 40 of the Arms Export Control Act (22 
U.S.C. 2780) is amended to read as follows: 
"SEC. 40. TRANSACTIONS WITH COUNTRIES SUPPORTING ACTS OF INTER-
NATIONAL TERRORISM. 
"(a) PROHIBITED TRANSACTIONS BY THE UNITED STATES GOVERN-
MENT.—The following transactions by the United States Govern-
ment are prohibited: 
"(1) Exporting or otherwise providing 0>y sale, lease or loan, 
grant, or other means), directly or indirectly, anv munitions 
item to a country described in subsection (d) under the authority 
of this Act, the Foreign Assistance Act of 1961, or any other law 
(except as provided in subsection (h)). In implementing this 
paragraph, the United States Government— 
"(A) shall suspend delivery to such country of any such 
item pursuant to any such transaction which has not been 
completed at the time the Secretary of State makes the 
determination described in subsection (d), and 
"(B) shall terminate any lease or loan to such country of 
any such item which is in effect at the time the Secretary of 
State makes that determination. 
"(2) Providing credits, guarantees, or other financial assist-
ance under the authority of this Act, the Foreign Assistance Act 
of 1961, or any other law (except as provided in subsection (h)), 
with respect to the acquisition of any munitions item by a 
country described in subsection (d). In implementing this para-
-*«*.*j%S«S^v-". *«' 
PUBLIC LAW 101-222—DEC. 12, 1989 
103 STAT. 1893 
graph, the United States Grovernment shsill suspend expendi-
tures pursuant to any such assistance obligated before the 
Secretary of State makes the determination described in subsec-
tion (d). The President may authorize expenditures otherwise 
required to be suspended pursuant to the preceding sentence if 
the President has determined, and reported to the Congress, 
that suspension of those expenditures causes undue financial 
hardship to a supplier, shipper, or similar person and allowing 
the expenditure will not result in any munitions item being 
made available for use by such country. 
"(3) Consenting under section 3(a) of this Act, under section 
505(a) of the Foreign Assistance Act of 1961, under the regula-
tions issued to carry out section 38 of this Act, or under any 
other law (except as provided in subsection (h)), to any transfer 
of any munitions item to a country described in subsection (d). 
In implementing this parsigraph, the United States Government 
shall withdraw any such consent which is in effect at the time 
the Secretary of State makes the determination described in 
subsection (d), except that this sentence does not apply with 
respect to any item that has already been transferred to such 
country. 
"(4) Providing any license or other approval under section 38 
of this Act for any export or other transfer (including by means 
of a technical eissistance agreement, manufacturing licensing 
agreement, or coproduction agreement) of any munitions item 
to a country described in subsection (d). In implementing this 
paragraph, the United States Government shall suspend any 
such license or other approval which is in effect at the time the 
Secretary of State makes the determination described in subsec-
tion (d), except that this sentence does not apply with respect to 
any item that has already been exported or otherwise trans-
ferred to such country. 
"(5) Otherwise facilitating the acquisition of any munitions 
item by a country described in subsection (d). This paragraph 
applies with respect to activities undertaken— 
"(A) by any department, agency, or other instrumentality 
of the Government, 
"(B) by any officer or employee of the Government 
(including members of the United States Armed Forces), or 
"(C) by any other person at the request or on behalf of the 
Government. 
The Secretary of State may waive the requirements of the second 
sentence of paragraph (1), the second sentence of paragraph (3), and 
the second sentence of paragraph (4) to the extent that the Secretary 
determines, after consultation with the Ck)ngress, that unusual and 
compelling circumstances require that the United States Govern-
ment not take the actions specified in that sentence. 
"(b) PROHIBITED TRANSACTIONS BY UNITED STATES PERSONS.— 
"(1) IN GENERAL.—A United States person may not take any 
of the following actions: 
"(A) Exporting any munitions item to any country de-
scribed in subsection (d). 
"(B) Selling, leasing, loaning, granting, or otherwise 
providing any munitions item to any country described in 
subsection (d). 
"(C) Selling, leasing, loaning, granting, or otherwise 
providing any munitions item to any recipient which is not 
103 STAT. 1894 
PUBLIC LAW 101-222—DEC. 12, 1989 
Corporations. 
President of U.I 
Regulations. 
Federal 
Roister, 
publication. 
Reports. 
the government of or a person in a country described in 
subsection (d) if the United States person has reason to 
know that the munitions item will be made available to any 
country described in subsection (d). 
"(D) Taking any other action which would facilitate the 
acquisition, directly or indirectly, of any munitions item by 
the government of any country described in subsection (d), 
or any person acting on behalf of that government, if the 
United States person has reason to know that that action 
will facilitate the acquisition of that item by such a govern-
ment or person. 
"(2) LIABILITY FOR ACTIONS OF FOREIGN SUBSIDIARIES, ETC.—A 
United States person violates this subsection if a corporation or 
other person that is controlled in fact by that United States 
person (as determined under regulations, which the President 
shall issue) takes an action described in paragraph (1) outside 
the United States. 
"(3) APPUCABILITY TO ACTIONS OUTSIDE THE UNITED STATES.— 
Paragraph (1) applies with respect to actions described in that 
paragraph which are taken either within or outside the United 
States by a United States person described in subsection (1X3) 
(A) or (B). To the extent provided in regulations issued under 
subsection (1X3XD), paragraph (1) applies with respect to actions 
described in that paragraph which are taken outside the United 
States by a person designated as a United States person in those 
regulations. 
"(c) TRANSFERS TO GOVERNMENTS AND PERSONS COVERED.—This 
section applies with respect to— 
"(1) the acquisition of munitions items by the government of a 
country described in subsection (d); and 
"(2) the acquisition of munitions items by any individual, 
group, or other person within a country described in subsection 
(d), except to the extent that subparagraph (D) of subsection 
(b)(1) provides otherwise. 
"(d) COUNTRIES COVERED BY PROHIBITION.—The prohibitions con-
tained in this section apply with respect to a country if the Sec-
retary of State determines that the government of that country has 
repeatedly provided support for acts of international terrorism. 
"(e) PUBUCATION OF DETERMINATIONS.—Each determination of the 
Secretary of State under subsection (d) shall be published in the 
Federal Register. 
"(f) RESCISSION.—A determination made by the Secretary of State 
under subsection (d) may not be rescinded unless the President 
submits to the Speaker of the House of Representatives and the 
chairman of the Committee on Foreign Relations of the Senate— 
"(1) before the proposed rescission would take effect, a report 
certifying that— 
"(A) there has been a fundamental change in the leader-
ship and policies of the government of the country con-
cerned; 
"(B) that government is not supporting acts of inter-
national terrorism; and 
"(C) that government has provided assurances that it will 
not support acts of international terrorism in the future; or 
"(2) at least 45 days before the proposed rescission would take 
effect, a report justifying the rescission and certifjdng that— 
PUBLIC LAW 101-222—DEC. 12, 1989 
103 STAT. 1895 
"(A) the government concerned has not provided any 
support for international terrorism during the preceding 6-
month period; and 
"(B) the government concerned has provided assurances 
that it will not support acts of international terrorism in 
the future. 
"(g) WAIVER.—The President may waive the prohibitions con-
tained in this section with respect to a specific transaction if— 
"(1) the President determines that the transaction is essential 
to the national security interests of the United States; and 
"(2) not less than 15 days prior to the proposed transaction, 
the President— 
"(A) consults with the Committee on Foreign Affairs of 
the House of Representatives and the Committee on For-
eign Relations of the Senate; and 
"(B) submits to the Speaker of the House of Representa-
tives and the chairman of the Committee on Foreign Rela-
tions of the Senate a report containing— 
"(i) the name of any country involved in the proposed 
transaction, the identity of any recipient of the items to 
be provided pursuant to the proposed transaction, and 
the anticipated use of those items; 
"(ii) a description of the munitions items involved in 
the proposed transaction (including their market value) 
and the actual sale price at each step in the transaction 
(or if the items are transferred by other than sale, the 
manner in which they will be provided); 
"(iii) the reasons why the proposed transaction is 
essential to the national security interests of the 
United States and the justification for such proposed 
transaction; 
"(iv) the date on which the proposed transaction is 
expected to occur; and 
(v) the name of every United States Government 
department, agency, or other entity involved in the 
proposed transaction, every foreign government in-
volved in the proposed transaction, and every private 
party with significant participation in the proposed 
transaction. 
To the extent possible, the information specified in subparagraph (B) 
of paragraph (2) shall be provided in unclassified form, with any 
classified information provided in an addendum to the report. 
"(h) EXEMPTION FOR TRANSACTIONS SUBJECT TO NATIONAL SECU-
RITY ACT REPORTING REQUIREMENTS.—The prohibitions contained in 
this section do not apply with respect to any transaction subject to 
reporting requirements under title V of the National Security Act of 
1947 (50 U.S.C. 413 et seq.; relating to congressional oversight of 
intelligence activities). 
"(i) RELATION TO OTHER LAWS.— 
"(1) IN GENERAL.—With regard to munitions items controlled 
pursuant to this Act, the provisions of this section shall apply 
notwithstanding any other provision of law, other than section 
614(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2364(a)). 
"(2) SECTION 614(a) WAIVER AUTHORITY.—If the authority of 
section 614(a) of the Foreign Assistance Act of 1961 is used to 
permit a transaction under that Act or the Arms Export Control 
Act which is otherwise prohibited by this section, the written 
Reports. 
Public 
information. 
Classified 
information. 
103 STAT. 1896 
PUBLIC LAW 101-222—DEC. 12, 1989 
policy justification required by that section shall include the 
information specified in subsection (gX2XB) of this section. 
"(j) CRIMINAL PENALTY.—Any person who willfully violates this 
section shall be fined for each violation not more than $1,000,000, 
imprisoned not more than 10 years, or both. 
"(k) CIVIL PENALTIES; ENFORCEMENT.—In the enforcement of this 
section, the President is authorized to exercise the same powers 
concerning violations and enforcement which are conferred upon 
departments, agencies, and officials by sections 11(c), 11(e), 11(g), and 
12(a) of the Export Administration Act of 1979 (subject to the same 
terms and conditions as are applicable to such powers under that 
Act), except that, notwithstanding section 11(c) of that Act, the civil 
penalty for each violation of this section may not exceed $500,000. 
"(1) DEFINITIONS.—As used in this section— 
"(1) the term 'munitions item' means any item enumerated on 
the United States Munitions list (without regard to whether the 
item is imported into or exported from the United States); 
"(2) the term 'United States', when used geographically, 
means the several States, the District of Columbia, the 
(Dommonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, and any territory or possession of 
the United States; and 
"(3) the term 'United States person' means— 
"(A) any citizen or permanent resident alien of the 
United States; 
"(B) any sole proprietorship, partnership, company, 
association, or corporation having its principal place of 
business within the United States or organized under the 
laws of the United States, any State, the District of Colum-
bia, the Commonwealth of Puerto Rico, the Commonwealth 
of the Northern Mariana Islands, or any territory or posses-
sion of the United States; 
"(C) any other person with respect to that person's 
actions while in the United States; and 
"(D) to the extent provided in regulations issued by the 
Secretary of State, any person that is not described in 
subparagraph (A), (B), or (C) but— 
"(i) is a foreign subsidiary or affiliate of a United 
States person described in subparagraph (B) and is 
controlled in fact by that United States person (as 
determined in accordance with those regulations), or 
"(ii) is otherwise subject to the jurisdiction of the 
United States, 
with respect to that person's actions while outside the 
United States.", 
(b) CONFORMING AMENDMENT.—Section 3(f) of the Arms Export 
Control Act (22 U.S.C. 2753(f)) is repealed. 
SEC. 3. CONSIDERATIONS IN ISSUANCE OF ARMS EXPORT LICENSES AND 
IN ARMS SALES. 
(a) EXPORT LICENSES.—Section 38(aX2) of the Arms Export Control 
Act (22 U.S.C. 2778) is amended by inserting "support international 
terrorism," after "arms race,". 
(b) ARMS SALES.—Section 36(bXlXD) of that Act (22 U.S.C. 
2776(bXlXD)) is amended— 
(1) by redesignating clauses (ii) through (iv) as clauses (iii) 
through (v), respectively; and 
PUBLIC LAW 101-222—DEC. 12, 1989 
103 STAT. 1897 
(2) by inserting the following new clause (ii) after clause (i): 
"(ii) support international terrorism;". 
SEC. 4. EXPORTS TO COUNTRIES SUPPORTING TERRORISM. 
Section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 
App 2405(j)) is amended to read as follows: 
"0') 
COUNTRIES SUPPORTING INTERNATIONAL TERRORISM.—(1) 
A 
validated license shall be required for the export of goods or tech-
nology to a country if the Secretary of State has made the following 
determinations: 
"(A) The government of such country has repeatedly provided 
support for acts of international terrorism. 
"(B) The export of such goods or technology could make a 
significant contribution to the military potential of such coun-
try, including its military logistics capability, or could enhance 
the ability of such country to support acts of international 
terrorism. 
"(2) The Secretary and the Secretary of State shall notify the 
Committee on Foreign Affairs of the House of Representatives and 
the Committee on Banking, Housing, and Urban Affairs and the 
Committee on Foreign Relations of the Senate at least 30 days 
before issuing any validated license required by paragraph (1). 
"(3) Each determination of the Secretary of State under para-
graph (1)(A), including each determination in effect on the date of 
the enactment of the Antiterrorism and Arms Export Amendments 
Act of 1989, shall be published in the Federal Register. 
"(4) A determination made by the Secretary of State under para-
graph (1)(A) may not be rescinded unless the President submits to 
the Speaker of the House of Representatives and the chairman of 
the (Jommittee on Banking, Housing, and Urban Affairs and the 
chairman of the Committee on Foreign Relations of the Senate— 
"(A) before the proposed rescission would take effect, a report 
certifying that— 
"(i) there has been a fundamental change in the leader-
sliip and policies of the government of the country 
concerned; 
"(ii) that government is not supporting acts of inter-
national terrorism; and 
"(iii) that government has provided assurances that it 
will not support acts of international terrorism in the 
future; or 
"(B) at least 45 days before the proposed rescission would take 
effect, a report justifying the rescission and certifying that— 
"(i) the government concerned has not provided any sup-
port for international terrorism during the preceding 6-
month period; and 
"(ii) the government concerned has provided assurances 
that it will not support acts of international terrorism in 
the future.". 
SEC. 5. PROHIBITION ON ASSISTANCE TO COUNTRIES SUPPORTING INTER-
NATIONAL TERRORISM. 
Section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) 
is amended to read as follows: 
Federal 
Register, 
publication. 
President of U.S. 
Reports. 
103 STAT. 1898 
PUBLIC LAW 101-222—DEC. 12, 1989 
Federal 
Register, 
publication. 
President of U.S. 
Reports. 
President of U.S. 
Reports. 
"SEC. 620A. PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORT-
ING INTERNATIONAL TERRORISM. 
"(a) PROHIBITION.—The United States shall not provide any assist-
ance under this Act, the Agricultural Trade Development and 
Assistance Act of 1954, the Peace Corps Act, or the Export-Import 
Bank Act of 1945 to any country if the Secretary of State determines 
that the government of that country has repeatedly provided sup-
port for acts of international terrorism. 
"(b) PUBLICATION OF DETERMINATIONS.—Each determination of the 
Secretary of State under subsection (a), including each determina-
tion in effect on the date of the enactment of the Antiterrorism and 
Arms Export Amendments Act of 1989, shall be published in the 
Federal Register. 
"(c) RESCISSION.—A determination made by the Secretary of State 
under subsection (a) may not be rescinded unless the President 
submits to the Speaker of the House of Representatives and the 
chairman of the Committee on Foreign Relations of the Senate— 
"(1) before the proposed rescission would take effect, a report 
certifying that— 
"(A) there has been a fundamental change in the leader-
ship and policies of the government of the country 
concerned; 
"(B) that government is not supporting acts of inter-
national terrorism; and 
"(C) that government has provided assurances that it will 
not support acts of international terrorism in the future; or 
"(2) at least 45 days before the proposed rescission would take 
effect, a report justifying the rescission and certifying that— 
"(A) the government concerned has not provided any 
support for international terrorism during the preceding 6-
month period; and 
"(B) the government concerned has provided assurances 
that it will not support acts of international terrorism in 
the future. 
"(d) WAIVER.—Assistance prohibited by subsection (a) may be 
provided to a country described in that subsection if— 
"(1) the President determines that national security interests 
or humanitarian reasons justify a waiver of subsection (a), 
except that humanitarian reasons may not be used to justify 
assistance under part II of this Act (including chapter 4, chapter 
6, and chapter 8), or the Export-Import Bank Act of 1945; and 
"(2) at least 15 days before the waiver takes effect, the 
President consults with the Committee on Foreign Affairs of the 
House of Representatives and the Committee on Foreign Rela-
tions of the Senate regarding the proposed waiver EUid submits a 
report to the Speaker of the House of Representatives and the 
chairman of the Committee on Foreign Relations of the Senate 
containing— 
"(A) the name of the recipient country; 
"(B) a description of the national security interests or 
humanitarian reasons which require the waiver; 
"(C) the type and amount of and the justification for the 
assistance to be provided pursuant to the waiver; and 
"(D) the period of time during which such waiver will be 
effective. 
PUBLIC LAW 101-222—DEC. 12, 1989 
103 STAT. 1899 
The waiver authority granted in this subsection may not be used to 
provide any assistance under the Foreign Assistance Act of 1961 
which is also prohibited by section 40 of the Arms Export Control 
Act.". 
SEC. 6. DESIGNATION OF ITEMS ON THE MUNITIONS LIST. 
Section 38 of the Arms Export Control Act (22 U.S.C. 2278) is 
22 USC 2778. 
amended by adding at the end the following: 
"(h) The designation by the President (or by an official to whom 
the President's functions under subsection (a) have been duly dele-
gated), in regulations issued under this section, of items as defense 
articles or defense services for purposes of this section shall not 
be subject to judicial review.". 
SEC. 7. QUARTERLY REPORTS ON THIRD COUNTRY TRANSFERS AND ON 
DOD TRANSFERS TO OTHER AGENCIES. 
(a) QUARTERLY REPORTS.—Section 36(a) of the Arms Export Con-
trol Act (22 U.S.C. 2776(a)) is amended— 
(1) by striking out "and" at the end of paragraph (8); 
(2) by striking out the period at the end of paragraph (9) and 
inserting in lieu thereof a semicolon; and 
(3) by inserting after paragraph (9) the following: 
"(10) a listing of the consents to third-party transfers of 
defense articles or defense services which were granted, during 
the quarter for which such report is submitted, for purposes of 
section 3(aX2) of this Act, the regulations issued under section 
38 of this Act, or section 505(aXl)(B) of the Foreign Assistance 
Act of 1961, if the value (in terms of original acquisition cost) of 
the defense articles or defense services to be transferred is 
$1,000,000 or more; and 
"(11) a listing of all munitions items (as defined in section 
40(1)(1)) which were sold, leased, or otherwise transferred by the 
Department of Defense to any other department, agency, or 
other entity of the United States Government during the quar-
ter for which such report is submitted (including the name of 
the recipient Government entity and a discussion of what that 
entity will do with those munitions items) if— 
"(A) the value of the munitions items was $250,000 or 
more; or 
"(B) the value of all munitions items transferred to that 
Government department, agency, or other entity during 
that quarter was $250,000 or more; 
excluding munitions items transferred (i) for disposition or use 
solely within the United States, or (ii) for use in connection with 
intelligence activities subject to reporting requirements under 
title V of the National Security Act of 1947 (50 U.S.C. 413 et 
seq.; relating to congressional 
oversight of intelligence 
activities).". 
(b) CLASSIFICATION OF REPORTS.—That section is amended in the 
parenthetical clause in the text preceding paragraph (1) by inserting 
", and any information provided under paragraph (11) of this subsec-
tion may also be provided in a classified addendum" after "(b)(1) of 
this section". 
SEC. 8. SPECIAL AUTHORITIES. 
The second sentence of section 614(c) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2364(c)) is amended to read as follows: "The President of U.S. 
103 STAT. 1900 
PUBLIC LAW 101-222—DEC. 12, 1989 
President shall fully inform the chairman and ranking minority 
member of the Committee on Foreign Affairs of the House of 
Representatives and the chairman and ranking minority member of 
the Committee on Foreign Relations of the Senate of each use of 
funds under this subsection prior to the use of such funds.". 
SEC. 9. HOSTAGE ACT. 
Section 2001 of the Revised Statutes of the United States (22 
U.S.C. 1732) is amended by inserting "and not otherwise prohibited 
by law" after "acts of war". 
22 u s e 2371 
SEC. 10. SELF-DEFENSE IN ACCORDANCE WITH INTERNATIONAL LAW. 
note. 
The use by any government of armed force in the exercise of 
individual or collective self-defense in accordance with applicable 
international agreements and customary international law shall not 
be considered an act of international terrorism for purposes of the 
amendments made by this Act. 
Approved December 12,1989. 
LEGISLATIVE HISTORY—H.R. 91 (S. 347): 
HOUSE REPORTS: No. 101-296 (Comm. on Foreign Affairs). 
SENATE REPORTS: No. 101-173 accompanying S. 347 (Comm. on Foreign Relations). 
CONGRESSIONAL RECORD, Vol. 135 (1989): 
Oct. 23, considered and passed House. 
Nov. 21, considered and passed Senate, amended. House concurred in Senate 
amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25 (1989): 
Dec. 12, Presidential statement.