103 STAT. 1246 PUBLIC LAW 101-167—NOV. 21, 1989 MODERNIZATION OF MILITARY CAPABILITIES OF CERTAIN COUNTRIES WTTQT'QQO^^'^ ' ^^^' ^^^ ' ^^^ AUTHORITY TO TRANSFER EXCESS DEFENSE ARTICLES. — note ^^^ NATO SOUTHERN FLANK COUNTRIES.— The President may transfer— (A) to any NATO southern flank country which is eligible for United States security assistance and which is in- tegrated into NATO's military structure; and (B) to any major non-NATO ally on the southern and southeastern flank of NATO which is eligible for United States security assistance, such excess defense articles as may be necessary to help modernize the defense capabilities of such country. (2) MAJOR ILUCIT DRUG PRODUCING COUNTRIES. — Subject to subsection (f), the President may transfer to any country— (A) which is a major illicit drug producing country, (B) which has a democratic government, and (C) whose armed forces do not engage in a consistent pattern of gross violations of internationaly recognized human rights, such excess defense articles as may be nec- essary to carry out subsection (D(l). (3) TERMS OF TRANSFERS,—Excess defense articles may be transferred under this section without cost to the recipient country. (b) LIMITATIONS ON TRANSFERS.—The President may transfer excess defense articles under this section only if— (1) they are drawn from existing stocks of the Department of Defense; (2) funds available to the Department of Defense for the procurement of defense equipment are not expended in connec- tion with the transfer; and (3) the President determines that the transfer of the excess defense articles will not have an adverse impact on the military readiness of the United States. (c) NOTIFICATION TO CONGRESS. — (1) ADVANCE NOTICE.— The President may not transfer excess defense articles under this section until thirty days after the President has provided notice of the proposed transfer to the committees specified in paragraph (2). This notification shall include— (A) a certification of the need for the transfer; (B) an assessment of the impact of the transfer on the military readiness of the United States; and (C) the value of the excess defense articles to be trans- ferred. (2) COMMITTEES TO BE NOTIFIED.—Notice shall be provided pursuant to paragraph (1) to the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Rep- resentatives and the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appro- priations of the Senate. (d) WAIVER OF REQUIREMENT FOR REIMBURSEMENT OF DOD EX- PENSES. — Section 632(d) of the Foreign Assistance Act of 1961 does not apply with respect to transfers of excess defense articles under this section. (e) MAINTENANCE OF MILITARY BALANCE IN EASTERN MEDITERRA- NEAN.—
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