EXCESS DEFENSE ARTICLES ORDERED FOR SUBSEQUENT TRANSFER TO FOREIGN COUNTRIES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP73B00296R000400170023-5
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 5
• Document Creation Date: December 9, 2016
• Document Release Date: April 13, 2001
• Sequence Number: 23
• Publication Date: May 5, 1972
• Content Type: MF

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OGC HAS REVIEWED.
MEMORANDUM FOR: Office of General Counsel
THROUGH
SUBJECT
? ? Deputy Director for Plans
Deputy Director for Support
? ? Excess Defense Articles Ordered for Subsequent
Transfer to Foreign Countries
1. A representative of the Comptroller General has recently made an inquiry
25X1A of of the Office of Legislative Counsel as to whether this Agency
adheres to the provisions of Section 402 of the Foreign Assistance Act of 1971
(P.L. 92-226). 4311 essenceowhat appears to be involved is whether this Agency has
acquired excess ablense articles since 1 July 1971 with the intent, or act, of furnish-
ing same to a foreign government or an international organization. If the Agency has
done so, then the Act calls for a specific reporting mechanism to the Congress on the
facts of the matter.
2. The attachment contains a listing of excess defense articles ordered by
this Office since 1 July 1971. It would appear to us that it is a matter first of opera-
tional determination and, secondly, ofnegal determinationtas to whether our handling
_?
of this materiel does, in fact, come under the proiki.Onso of the applicable statute..4.
*k-A ZS46.0 *IrLk 461441
? 3. The attachment consists of transactions which were instigated by Head-
quarters action. In addition to these transactions, we are aware of the fact that
materiel. While we doubt that such materiels fall under the cognizance of the appli-
cable statute we note their existence.
4. The attachment contains an annotation giving the opinion of this Office as
to whether the excess defense articles ordered by us since 1 July 1971 should or should
?
OL 2 2607
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25X1A
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,
?
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SUBJECT: Excess Defense Articles Ordered for Subsequent Transfer to
Foreign Countries
not be considered for declaration under the statute. The ultimate disposition of this
property, however, resides with the Deputy Director for Plans who has the authority
to approve issues of materiel to foreign governments.
Signetha .John FM Biala
John F. Blake
Att Director of Logistics
cc: ExDir-Compt.
VOLC
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AWE
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rif.1
February 7, 1972 - 9_ Pub. Law 92-226
86 STAT. 29
gress, at least ten days prior to the date on which such excess funds are
to be provided to that country or organization, each such determination,
including the name of the country or organization to receive funds
in excess of such per centum, the amount of funds in excess of that
per eentum which are to be provided, and the justification for provid-
ing the additional assistance.
"(b) The provisions of this section shall not apply in the case of any
law making continuing appropriations and may not be waived under
the provisimis of section 614(a) of this Act.
"Sal. (Mt. PasstorwriAr., Firousos AN? DETERMINATIONS.? ( a) In
any ease in which the President is required to make a report to the
Congress, or to any committee or officer of either 'House of Congress,
concerning ally finding Or determination under any provision ot this
Act, the Foreign Military Sales Act, or the Foreign Assistance and
R01111(41 Pixigranis A No1)1)1.1116041 Act for each liseal year, that finding
or determination shall be reduced to writing and signed by the
President,
"(I)) No 4)4(1 (III shall be taken pursuant 1 o any sueli finding or deter-
mination prior to the date on whieli t hat linding.or determination has
boeti minced to writing at ul signed by the Presulent.
"(e) Ku.11 such finding or determination shall be published in the
Federal Register as soon as practicable a fter it has been reduced to
wIi ting and siginst by the Presidoit. 111111 ly ease ui which the l'resident
concludes that such publication would be harmful to the national se-
curity of the United States, only a statement that a determination or
finding has been ?nide by the PreSident, including the mono and sec-
tion of the Act tinder wl?ch it was made, shall be published.
"(d) No committee or ?nicer of either 1101480 of ConoTess shall be
denied 'any requested information rehil ing to any finding or deter-
mination I lie President is required to report to the Co?gress, or'
to noy vottittlit tee or ()nivel. of pit her I louse of Congress, under aiiy
provision of this Alt., he Foreign .M Hilary Sales Act, or the Foreign
A saiatance and ltelated Programs Appropriat ion Act for each fiscal
year, even 'though 5111.14 report has 1101. yet been I l'allSalit ed CO the
uppropriale ('ollinilitet` or ()Nicer of either 114)1480 of Congress.
"SE0. ((M. li m riwri)Ns I Ivor; AssisTANcE To on loon (1,?AinoolA.---
(n) Notwithstanding any (Ahoy provision of Intl', no fonds aiatiorizpd
to he lipproprinleti bx this or noy othor litw limy he obligated Ill any
ammint ill excess 01 $3,1 1,000,000 for I ho purpost, or carrying out
di wetly or indirectly any economic. or milli a Ty assist ance, or any ()per-
m ion, projcvl, or program or any kind, or for providing any goods,
supplies, materials, equipment, services, Pcrsonnel, or advisers in,
to, for, or on behalf of Cambodia during the fiscal year ending June
30, 11/72,
'(b) In eompuling the $3,1 1,000,000 limitation on obligal ion
ant hority under snlisection (ii) ()I' 1 his sect ion in lisca 1 year 107. ( I )
there shall he hfrhell.t1 in the al Ion Va hie Or any goodsz
supplies, materials, or isinipment provided to, for, or on bohnif
Cionhodiii. III Hoch fiscal year Ity gill., (tonal loan, lease, or of her-
wise, and (2) there shall not, ilIC11111(41 In 1110 001111/111)1(101) the value
of any goods, supplies, materials, or equipment, attributable to the
operations of dm Armed Forms of the Republic; of Vietnam in cal ni-
bodia. For the purpose Of this subsection, 'value' means the fair market
value of any goods, supplies, materials, or equipment provided to, for?
UI' Oil behalf of Cambodia but in 110 elnie 10514 than 3314 per centuni of
Nonapplioa-
bility.
75 Stat. 444;
80 Stat. 805.
22 USC 2364.
Written report
to Congress.
82 Stat. 1320.
22 USC 2751
note.
Publioation in
Federal Regis-
ter.
Infoximation,
aooess prior
to report.
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TP_ANSIVIITTAL SLIP
DATE
TO:
Office of Legislative Counsel
ROOM NO.
7D35
BUILDING
Hqs.
REMARKS:
FROM:
Director of Logistics
ROOM NO.
1227
BUILDING
Ames
FORM NO .0 A
I FEB 55
REPLACES FORM 36-8
WHICH MAY BE USED.
EXTENSION
2551
(47)
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