or international organization to which such export will be made, (2) the dollar amount of the items to be exported, and (3) a description of the items to be exported. In addition, the President shall, upon the request of such committee or the Committee on International Relations of the House of Representatives, transmit promptly to both such committees a statement setting forth, to the extent specified in such request, a description of the capabilities of the items to be exported, an estimate of the total number of United States personnel expected to be needed in the foreign country concerned in connection with the items to be exported and an analysis of the arms control impact pertinent to such application, prepared in consultation with the Secretary of Defense. A certification transmitted pursuant to this subsection shall be unclassified, except that the information specified in paragraph (2) and the details of the description specified in paragraph (3) may be classified if the public disclosure thereof would be clearly detrimental to the security of the United States.

(d) In the case of an approval under section 38 of this Act of a United States commercial technical assistance or manufacturing licensing agreement for or in a country not a member of the North Atlantic Treaty Organization which involves the manufacture abroad of any item of significant combat equipment on the United States Munitions List, before such approval is given, the President shall submit a certification with respect to such proposed commercial agreement in a manner similar to the certification required under subsection (c) containing comparable information, except that the last sentence of such subsection shall not apply to certifications submitted pursuant to this subsection.

In United States v. One (1) Douglas A-26B Aircraft, 592 F.2d 1176 (1976), an aircraft owner appealed from an order of the District Court for the Southern District of Florida which ordered the aircraft forfeited on the basis that it had been flown from the United States with a South American destination, intended for resale, without an export license having been issued by the Department of State pursuant to the International Traffic in Arms Regulations, 22 C.F.R. Part 121 et seq. The owner asserted equitable estoppel against the Government on the ground that its agent had been told by an employee of the Office of Munitions Control in the Department of State that the flight could be made if an application for license were made and a copy of it along with the license issued to a previous owner were carried on the aircraft. The owner also asserted that it acted in good faith, without intent to violate the law.

The U.S. Court of Appeals for the Fifth Circuit, in affirming the District Court's opinion on April 8, 1976, rejected both of the owner's contentions. It said that the estoppel argument lacked merit because the Department of State's licensing requirements under 22 C.F.R. 121.18, 123.01, 123.55 were such that the defendant aircraft, being a conversion of a B-26 bomber, could not be taken out of the United States without a license having been issued for it, that the license

must be endorsed by a District Director of Customs at the port of departure, that a used or expired license must be immediately returned to the Department of State, and that temporary export licenses are not transferable. The owner was on notice as to these licensing requirements; if it desired to remove the aircraft from the United States without the requisite license, written approval from the Department should have been obtained. 22 C.F.R. 127.01.

Further, since there was an actual exportation in violation of law (22 U.S.C. 401), the Court said the intent to violate the law was not an issue and could be raised only in a petition for remission or mitigation of penalties.

Advisory Groups and Missions

Section 104 of the International Security Assistance and Arms Export Control Act of 1976 (P.L. 94-329; 90 Stat. 731), approved June 30, 1976, amended section 515 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2321) to provide for the termination of military assistance advisory groups and military missions in foreign countries after fiscal year 1977, except as specifically authorized by the Congress. The following new subsections were added to section 515:

(b) (1) After September 30, 1977, no military assistance advisory group, military mission, or other organization of United States military personnel performing similar military advisory functions under this Act may operate in any foreign country unless specifically authorized by the Congress.

(2) The President may assign not more than three members of the Armed Forces of the United States to the Chief of each United States Diplomatic Mission to perform such functions as such Chief of Mission determines necessary with respect to international military education and training provided under chapter 5 of this part, to sales of defense articles and services under the Arms Export Control Act, or to such other international security assistance programs as the President may designate. After September 30, 1977, no such functions or related activities may be performed by any defense attaches assigned, detailed, or attached to the United States Diplomatic Mission in any foreign country. (c) After September 30, 1976, the number of military missions, groups, and similar organizations may not exceed 34.

(d) As used in this section, the term "military assistance advisory group, military mission, or other organization of United States military personnel performing similar military advisory functions under this Act" does not include regular units of Armed Forces of the United States engaged in routine functions designed to bring about the standardization of military operations and procedures between the Armed Forces of the United States and allies of the United States.

President Ford had objected to a mandated termination of such military assistance groups in his veto of S. 2662, supra. On Aug. 25, 1976, the Dept. of State announced that the President had authorized termination of military assistance advisory groups (MAAGS) by Sept. 30, 1976, in Belgium, Denmark, France, the Federal Republic of Germany, Italy, the Netherlands, Norway, India, Costa Rica, Paraguay, and Uruguay, in order to satisfy the requirements of section 515(c) of the Foreign Assistance Act of 1961, as amended.

Termination of Authority

A new provision terminating the authority to furnish military assistance after September 30, 1977, was added to the Foreign Assistance Act of 1961 by section 105 of the International Security Assistance and Arms Export Control Act of 1976 (P.L. 94-329; 90 Stat. 732; 22 U.S.C. 2321j), approved June 30, 1976. The new section reads as follows:

SEC. 516. TERMINATION OF A UTHORITY. (a) Except to the extent that the Congress may, subsequent to the enactment of this section, authorize the furnishing of military assistance in accordance with this chapter to specified countries in specified amounts, the authorities contained in this chapter (other than the authorities contained in sections 506, 514, and 515 (b) (2)) may not be exercised after September 30, 1977, except that such authorities shall remain available until September 30, 1980, to the extent necessary to carry out obligations incurred under this chapter on or before September 30, 1977.

(b) Funds available to carry out this chapter shall be available notwithstanding the limitations contained in paragraphs (2) and (3) of section 504(a) of this Act

(1) for the winding up of military assistance programs under this chapter, including payment of the costs of packing, crating, handling, and transporting defense articles furnished under this chapter and of related administrative costs; and

(2) for costs incurred under section 503(c) with respect to defense articles on loan to countries no longer eligible under section 504(a) for military assistance.

International Military Education and Training

A new chapter 5 was added to part II of the Foreign Assistance Act of 1961 by section 106 of the International Security Assistance and Arms Export Control Act of 1976 (P.L. 94-329; 90 Stat. 732; 22 U.S.C. 2347), approved June 30, 1976, providing, inter alia, the following general authority to the President to furnish international military education and training:

SEC. 541. GENERAL A UTHORITY-The President is authorized to furnish, on such terms and conditions consistent with this Act as the President may determine (but whenever feasible on a reimbursable basis), military education and training to military and

related civilian personnel of foreign countries. Such training and education may be provided through

(1) attendance at military educational and training facilities in the United States (other than Service academies) and abroad; (2) attendance in special courses of instruction at schools and institutions of learning or research in the United States and abroad; and

(3) observation and orientation visits to military facilities and related activities in the United States and abroad.

P.L. 94-329 also restated the provisions of section 622(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2382(c)) to make clear the responsibility of the Secretary of State with respect to international military assistance and training, as follows:

Under the direction of the President, the Secretary of State shall be responsible for the continuous supervision and general direction of economic assistance, military assistance, and military education and training programs, including but not limited to determining whether there shall be a military assistance (including civic action) or a military education and training program for a country and the value thereof, to the end that such programs are effectively integrated both at home and abroad and the foreign policy of the United States is best served thereby.

Conditions of Eligibility

New provisions relating to the consequences of the violation of agreements governing defense articles or services furnished on a grant or sales basis by the United States were established by section 304 of the International Security Assistance and Arms Export Control Act of 1976 (P.L. 94-329; 90 Stat. 754), approved June 30. 1976.

Section 505(d) in Chapter 2 of part II (Military Assistance) of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2314), was amended to read as follows:

(d) (1) Assistance and deliveries of assistance under this chapter to any country shall be terminated as hereinafter provided, if such country uses defense articles or defense services furnished under this Act, the Mutual Security Act of 1954, or any predecessor Foreign Assistance Act, in substantial violation (either in terms of quantities or in terms of the gravity of the consequences regardless of the quantities involved) of any agreement entered into pursuant to any such Act (A) by using such articles or services for a purpose not authorized under section 502 or, if such agreement provides that such articles or services may only be used for purposes more limited than those authorized under section 502, for a purpose not authorized under such agreement; (B) by transferring such articles or services to, or permitting any use of such articles or services by, anyone not an officer, employee, or agent of the

recipient country without the consent of the President; or (C) by failing to maintain the security of such articles or services.

(2)(A) Assistance and deliveries of assistance shall be terminated pursuant to paragraph (1) of this subsection if the President so determines and so states in writing to the Congress, or if the Congress so finds by joint resolution.

(B) The President shall report to the Congress promptly upon the receipt of information that a violation described in paragraph (1) of this subsection may have occurred.

(3) Assistance to a country shall remain terminated in accordance with paragraph (1) of this subsection until such time as(A) the President determines that the violation has ceased; and (B) the country concerned has given assurances satisfactory to the President that such violation will not recur.

(4) The authority contained in section 614(a) of this Act may not be used to waive the provisions of this section with respect to further assistance under this chapter.

Section 3(c) of the Foreign Military Sales Act (redesignated Arms Export Control Act) (22 U.S.C. 2753) was amended to read as follows:

(c) (1) (A) No credits (including participations in credits) may be issued and no guaranties may be extended for any foreign country under this Act as hereinafter provided, if such country uses defense articles or defense services furnished under this Act, or any predecessor Act, in substantial violation (either in terms of quantities or in terms of the gravity of the consequences regardless of the quantities involved) of any agreement entered into pursuant to any such Act (i) by using such articles or services for a purpose not authorized under section 4 or, if such agreement provides that such articles or services may only be used for purposes more limited than those authorized under section 4 for a purpose not authorized under such agreement; (ii) by transferring such articles or services to, or permitting any use of such articles or services by, anyone not an officer, employee, or agent of the recipient country without the consent of the President; or (iii) by failing to maintain the security of such articles or services.

(B) No cash sales or deliveries pursuant to previous sales may be made with respect to any foreign country under this Act as hereinafter provided, if such country uses defense articles or defense services furnished under this Act, or any predecessor Act, in substantial violation (either in terms of quantity or in terms of the gravity of the consequences regardless of the quantities involved) of any agreement entered into pursuant to any such Act by using such articles or services for a purpose not authorized under section 4 or, if such agreement provides that such articles or services may only be used for puposes more limited than those authorized under section 4, for a purpose not authorized under such agreement.

(2) The President shall report to the Congress promptly upon the receipt of information that a violation described in paragraph (1) of this subsection may have occurred.

(3) (A) A country shall be deemed to be ineligible under subparagraph (A) of paragraph (1) of this subsection, or both