110 STAT. 1438 PUBLIC LAW 104-164-^ULY 21, 1996 activities underteiken by or for an agency of the United States Government— "(aa) for use by an agency of the United States Government; or "(bb) for carrying out any foreign assistance or sales program authorized by law and subject to the control of the President by other means. "(IV) For purposes of this clause, the term 'foreign defense article or defense service' includes any non-United States defense article or defense service of a nature described on the United States Munitions List regardless of whether such article or service is of United States origin or whether such article or service contains United States origin components.". 22 USC 2778 (b) EFFECTIVE DATE. — Section 38(b)(l)(A)(ii) of the Arms Export note. Control Act, as added by subsection (a), shall apply with respect to brokering activities engaged in beginning on or after 120 days after the enactment of this Act. SEC. 152. RETURN AND EXCHANGES OF DEFENSE ARTICLES PRE- VIOUSLY TRANSFERRED PURSUANT TO THE ARMS EXPORT CONTROL ACT. (a) REPAIR OF DEFENSE ARTICLES.—Section 21 of the Arms Export Control Act (22 U.S.C. 2761) is amended by adding at the end the following new subsection: "(1) REPAIR OF DEFENSE ARTICLES.— "(1) IN GENERAL.— The President may acquire a repairable defense article from a foreign country or international organization if such defense article— "(A) previously was transferred to such country or organization under this Act; "(B) is not an end item; and "(C) will be exchanged for a defense article of the same type that is in the stocks of the Department of Defense. "(2) LIMITATION.— The President may exercise the authority provided in paragraph (1) only to the extent that the Department of Defense— "(A)(i) has a requirement for the defense article being returned; and "(ii) has available sufficient funds authorized and appropriated for such purpose; or "(B)(i) is accepting the return of the defense article for subsequent transfer to another foreign government or international organization pursuant to a letter of offer and acceptance implemented in accordance with this Act; and "(ii) has available sufficient funds provided by or on behalf of such other foreign government or international organization pursuant to a letter of offer and acceptance implemented in accordance with this Act. " (3) REQUIREMENT.—(A) The foreign government or international organization receiving a new or repaired defense article in exchange for a repairable defense article pursuant to paragraph (1) shall, upon the acceptance by the United States Government of the repairable defense article being returned, be charged the total cost associated with the repair euid replacement transaction.
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