EXCESS DEFENSE ARTICLES ORDERED FOR SUBSEQUENT TRANSFER TO FOREIGN COUNTRIES

Document Type: 
Collection: 
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
Case Number: 
Publication Date: 
May 5, 1972
Content Type: 
MF
File: 
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PDF icon CIA-RDP73B00296R000400170023-5.pdf151.32 KB
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_ Approved For I4elease 2001/08/30 : CIA-RDP73600296R000400170023-5 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 Approved For Release 2001/08/30 : CIA-RDP73B MR04400170023-5 25X1A ' , ? Approved For Release 2001/08/30 : CIA-RDP73600296R000400170023-5 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 Approved For Release 2001/08/30 : CIADP731300296R000400170023-5 LLEGIB Approved For Release 2001/08/30 : CIA-RDP73600296R000400170023-5 Next 1 Page(s) In Document Exempt Approved For Release 2001/08/30 : CIA-RDP73600296R000400170023-5 AWE Approved For Release 2001/08/30 : CIA-RDP73600296R000400170023-5 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. Approved For Release 2001/08/30 : CIA-RDP73600296R000400170023-5 Approved For Release 2001/08/30 : CIA-RDP73600296R000400170023-5 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) Approved For Release 2001/08/30 : CIA-RDP73600296R000400170023-5