(a) Congressional declaration and statement of findingsThe Congress declares that the achievement of a just and lasting Cyprus settlement is and will remain a central objective of United States foreign policy. The Congress further declares that any action of the United States with respect to section 2370(x) 11 See References in Text note below. of this title shall not signify a lessening of the United States commitment to a just solution to the conflict on Cyprus but is authorized in the expectation that this action will be conducive to achievement of a Cyprus solution and a general improvement in relations among Greece, Turkey, and Cyprus and between those countries and the United States. The Congress finds that—(1) a just settlement on Cyprus must involve the establishment of a free and independent government on Cyprus and must guarantee that the human rights of all of the people of Cyprus are fully protected;
(2) a just settlement on Cyprus must include the withdrawal of Turkish military forces from Cyprus;
(3) the guidelines for inter-communal talks agreed to in Nicosia in February 1977 and the United Nations resolutions regarding Cyprus provide a sound basis for negotiation of a just settlement on Cyprus;
(4) serious negotiations, under United Nations auspices, will be necessary to achieve agreement on, and implementation of, constitutional and territorial terms within such guidelines; and
(5) the recent proposals by both Cypriot communities regarding the return of the refugees to the city of New Famagusta (Varosha) constitute a positive step and the United States should actively support the efforts of the Secretary General of the United Nations with respect to this issue.
(b) Governing principlesUnited States policy regarding Cyprus, Greece, and Turkey shall be directed toward the restoration of a stable and peaceful atmosphere in the Eastern Mediterranean region and shall therefore be governed by the following principles:(1) The United States shall actively support the resolution of differences through negotiations and internationally established peaceful procedures, shall encourage all parties to avoid provocative actions, and shall strongly oppose any attempt to resolve disputes through force or threat of force.
(2) The United States will accord full support and high priority to efforts, particularly those of the United Nations, to bring about a prompt, peaceful settlement on Cyprus.
(3) All defense articles furnished by the United States to countries in the Eastern Mediterranean region will be used only in accordance with the requirements of this chapter, the Arms Export Control Act [22 U.S.C. 2751 et seq.], and the agreements under which those defense articles were furnished.
(4) The United States will furnish security assistance for Greece and Turkey only when furnishing that assistance is intended solely for defensive purposes, including when necessary to enable the recipient country to fulfill its responsibilities as a member of the North Atlantic Treaty Organization, and shall be designed to ensure that the present balance of military strength among countries of the region, including between Greece and Turkey, is preserved. Nothing in this paragraph shall be construed to prohibit the transfer of defense articles to Greece or Turkey for legitimate self defense or to enable Greece or Turkey to fulfill their North Atlantic Treaty Organization obligations.
(5) The United States shall use its influence to ensure the continuation of the ceasefire on Cyprus until an equitable negotiated settlement is reached.
(6) The United States shall use its influence to achieve the withdrawal of Turkish military forces from Cyprus in the context of a solution to the Cyprus problem.
(c) Review of policy; report to CongressBecause progress toward a Cyprus settlement is a high priority of United States policy in the Eastern Mediterranean, the President and the Congress shall continually review that progress and shall determine United States policy in the region accordingly. To facilitate such a review the President shall, within 60 days after the date of enactment of this section and at the end of each succeeding 60-day period, transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report on progress made toward the conclusion of a negotiated solution of the Cyprus problem. Such transmissions shall include any relevant reports prepared by the Secretary General of the United Nations for the Security Council.
(d) Certification by President to Congress of assistance to Greece and TurkeyIn order to ensure that United States assistance is furnished consistent with the policies established in this section, the President shall, whenever requesting any funds for security assistance under this chapter or the Arms Export Control Act [22 U.S.C. 2751 et seq.] for Greece and Turkey, transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate his certification, with a full explanation thereof, that the furnishing of such assistance will be consistent with the principles set forth in subsection (b). The President shall also submit such a certification with any notification to the Congress, pursuant to section 36(b) of the Arms Export Control Act [22 U.S.C. 2776(b)], of a proposed sale of defense articles or services to Greece or Turkey.
(e) Arms sales agreements to prohibit transfer to Cyprus(1) Except as provided in paragraph (3), any agreement for the sale or provision of any article on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act [22 U.S.C. 2778]) entered into by the United States after December 22, 1987, shall expressly state that the article is being provided by the United States only with the understanding that it will not be transferred to Cyprus or otherwise used to further the severance or division of Cyprus.
(2) The President shall report to Congress any substantial evidence that equipment provided under any such agreement has been used in a manner inconsistent with the purposes of this subsection.
(3) The requirement under paragraph (1) shall not apply to any sale or other provision of any defense article or defense service to Cyprus if the end-user of such defense article or defense service is the Government of the Republic of Cyprus.
(Pub. L. 87–195, pt. III, § 620C, as added Pub. L. 95–384, § 13(b), Sept. 26, 1978, 92 Stat. 737; amended Pub. L. 100–202, § 101(e) [title V, § 562], Dec. 22, 1987, 101 Stat. 1329–131, 1329–171; Pub. L. 116–92, div. A, title XII, § 1250A(b), Dec. 20, 2019, 133 Stat. 1665; Pub. L. 116–94, div. J, title II, § 205(b), Dec. 20, 2019, 133 Stat. 3052.)
Editorial Notes
References in TextSection 2370(x) of this title, referred to in subsec. (a), was omitted. See Codification note set out under section 2370 of this title.
This chapter, referred to in subsecs. (b)(3) and (d), was in the original “this Act”, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
The Arms Export Control Act, referred to in subsecs. (b)(3) and (d), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.
Prior ProvisionsProvisions similar to those in subsec. (e) of this section were contained in the following appropriation acts:
Pub. L. 102–391, title V, § 557, Oct. 6, 1992, 106 Stat. 1676.
Pub. L. 101–513, title V, § 560, Nov. 5, 1990, 104 Stat. 2026.
Pub. L. 101–167, title V, § 570, Nov. 21, 1989, 103 Stat. 1245.
Pub. L. 100–461, title V, § 579, Oct. 1, 1988, 102 Stat. 2268–48.
Amendments2019—Subsec. (e)(1). Pub. L. 116–92, § 1250A(b)(1), and Pub. L. 116–94, § 205(b)(1), made identical amendments, substituting “Except as provided in paragraph (3), any agreement” for “Any agreement”.
Subsec. (e)(3). Pub. L. 116–92, § 1250A(b)(2), and Pub. L. 116–94, § 205(b)(2), made identical amendments, adding par. (3).
1987—Subsec. (e). Pub. L. 100–202 added subsec. (e).
Statutory Notes and Related Subsidiaries
Eastern Mediterranean Security and Energy PartnershipPub. L. 117–81, div. A, title XIII, § 1312, Dec. 27, 2021, 135 Stat. 2000, provided that:
“(a) In General.—To the maximum extent feasible, amounts appropriated or otherwise made available for the European Recapitalization Incentive Program should be considered for Greece as appropriate to assist the country in meeting its defense needs and transitioning away from Russian-produced military equipment.
“(b) Report.—Not later than 180 days after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of State shall submit to the appropriate congressional committees a report that provides a full accounting of all funds distributed under the European Recapitalization Incentive Program, including—“(1) identification of each recipient country;
“(2) a description of how the funds were used; and
“(3) an accounting of remaining equipment in recipient countries that was provided by the then-Soviet Union or Russian Federation.”
[For definition of “appropriate congressional committees” as used in section 1312 of Pub. L. 117–81, set out above, see section 1317 of Pub. L. 117–81, set out below.]
Pub. L. 116–94, div. J, title II, Dec. 20, 2019, 133 Stat. 3048, provided that:
Repeal of Prohibition on Transfer of Articles on the United States Munitions List to the Republic of CyprusPub. L. 116–92, div. A, title XII, § 1250A, Dec. 20, 2019, 133 Stat. 1665, provided that:
“(a) Sense of Congress.—It is the sense of Congress that—“(1) allowing for the export, re-export or transfer of arms subject to the United States Munitions List (part 121 of title 22, Code of Federal Regulations) to the Republic of Cyprus would advance United States security interests in Europe by helping to reduce the dependence of the Government of the Republic of Cyprus on other countries, including countries that pose challenges to United States interests around the world, for defense-related materiel; and
“(2) it is in the interest of the United States to continue to support United Nations-facilitated efforts toward a comprehensive solution to the division of Cyprus.
“(b) Modification of Prohibition.—
[Amended this section.]
“(c) Exclusion of the Government of the Republic of Cyprus From Certain Related Regulations.—“(1) In general.—Subject to subsection (d) and except as provided in paragraph (2), beginning on the date of the enactment of this Act [Dec. 20, 2019], the Secretary of State shall not apply a policy of denial for exports, re-exports, or transfers of defense articles and defense services destined for or originating in the Republic of Cyprus if—“(A) the request is made by or on behalf of the Government of the Republic of Cyprus; and
“(B) the end-user of such defense articles or defense services is the Government of the Republic of Cyprus.
“(2) Exception.—This exclusion shall not apply to any denial based upon credible human rights concerns.
“(d) Limitations on the Transfer of Articles on the United States Munitions List to the Republic of Cyprus.—“(1) In general.—The policy of denial for exports, re-exports, or transfers of defense articles on the United States Munitions List to the Republic of Cyprus shall remain in place unless the President determines and certifies to the appropriate congressional committees not less than annually that—“(A) the Government of the Republic of Cyprus is continuing to cooperate with the United States Government in efforts to implement reforms on anti-money laundering regulations and financial regulatory oversight; and
“(B) the Government of the Republic of Cyprus has made and is continuing to take the steps necessary to deny Russian military vessels access to ports for refueling and servicing.
“(2) Waiver.—The President may waive the limitations contained in this subsection for one fiscal year if the President determines that it is essential to the national security interests of the United States to do so.
“(3) Appropriate congressional committees defined.—In this section, the term ‘appropriate congressional committees’ means—“(A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
“(B) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.”
Special Ambassadorial Commission for Cyprus and the AegeanPub. L. 100–202, § 101(e) [title V, § 586], Dec. 22, 1987, 101 Stat. 1329–131, 1329–185, provided that:
“(a) Findings.—The Congress finds that—“(1) the inability to achieve a just and lasting Cyprus settlement will continue to affect relations among the United States and its close NATO allies, Greece and Turkey, to the detriment of larger, mutually shared, security interests in the Eastern Mediterranean region;
“(2) it is of paramount importance that Cyprus, Greece, and Turkey resolve their differences through negotiations and otherwise peaceful procedures, and that the United States should support the resolution of these differences through all the diplomatic means at its disposal;
“(3) it is in the national interest of the United States that the President make a significant new diplomatic demarche towards bringing this dispute to a resolution; and
“(4) it is also in the national interest of the United States to undertake a diplomatic initiative to promote the peaceful and equitable resolution of differences between Greece and Turkey in the Aegean by fostering a renewed and sustained bilateral dialogue between those countries on such issues as: the delineation of the continental shelf, the definition of the territorial seas, air traffic control over the Aegean, NATO command and control arrangements in the Aegean, and the status of Lemnos and NATO exercises in the Aegean.
“(b) Appointment of Special Ambassador.—The President is authorized to appoint a special ambassadorial level envoy who shall be responsible for representing the United States in direct negotiations with the parties to the Cyprus dispute, for representing the United States in negotiations through international intermediaries and, generally, lending the good offices of the United States to the parties in this dispute in order to facilitate a peaceful settlement on Cyprus. As agreed to by Greece and Turkey, the special envoy shall also represent the United States in promoting mutual discussions between those countries concerning their differences on Aegean issues. The special ambassador appointed under this section shall have available the services of two deputies (one to specialize on the Cyprus question, the other on general Aegean issues) and such senior level Department of State personnel as may be required by the special ambassador in order to carry out his responsibilities.
“(c) Report.—Not later than June 1, 1988, the President shall submit a report to the Congress describing in detail the activities being undertaken by the special ambassador, the progress being made toward achievement of a peaceful resolution of the Cyprus dispute, an assessment of the obstacles to achievement of such a resolution and of the future role of the United States in acheiving [sic] a settlement on Cyprus, and an assessment of the progress being made toward resolution of issues affecting the Aegean region.
“(d) Funding.—Up to $500,000 of the funds appropriated under any heading of this Act [Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, as enacted by section 101(e) of Pub. L. 101–202] which are allocated for Greece and up to $500,000 of the funds appropriated under any heading of this Act which are allocated for Turkey, may be used by the Department of State for any administrative costs associated with the activities of the special ambassador and supporting personnel, including transportation, salaries and per diem.”
Definition of Appropriate Congressional CommitteesPub. L. 117–81, div. A, title XIII, § 1317, Dec. 27, 2021, 135 Stat. 2001, provided that:
“In this subtitle [subtitle B (§§ 1311–1317) of title XIII of div. A of Pub. L. 117–81, enacting provisions set out as a note above and as a note preceding section 261 of this title], the term ‘appropriate congressional committees’ means—
“(1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
“(2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.”
Executive Documents
Delegation of Functions
For delegation of congressional reporting functions of President under subsec. (c) of this section, see section 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46073, set out as a note under section 301 of Title 3, The President.
Delegation of Authorities Under the National Defense Authorization Act for Fiscal Year 2020 and the Eastern Mediterranean Security and Energy Partnership Act of 2019
Memorandum of President of the United States, Apr. 14, 2020, 85 F.R. 35797, provided:
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of State the authorities vested in the President by section 1250A(d) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) [22 U.S.C. 2373 note] and section 205(d) of the Eastern Mediterranean Security and Energy Partnership Act of 2019 (Title II, Div. J, Public Law 116–94) [22 U.S.C. 2373 note].
Any reference in this memorandum to either Act shall be deemed to be a reference to such Acts as amended from time to time.
You are authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.