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50 USC CHAPTER 39 - SPOILS OF WAR 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 39 - SPOILS OF WAR

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CHAPTER 39 - SPOILS OF WAR

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Sec.

2201. Transfers of spoils of war.

(a) Eligibility for transfer.

(b) Terms and conditions.

2202. Prohibition on transfers to countries which support

terrorism.

2203. Report on previous transfers.

2204. Definitions.

2205. Construction.

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50 USC Sec. 2201 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 39 - SPOILS OF WAR

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Sec. 2201. Transfers of spoils of war

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(a) Eligibility for transfer

Spoils of war in the possession, custody, or control of the

United States may be transferred to any other party, including any

government, group, or person, by sale, grant, loan or in any other

manner, only to the extent and in the same manner that property of

the same type, if otherwise owned by the United States, may be so

transferred.

(b) Terms and conditions

Any transfer pursuant to subsection (a) of this section shall be

subject to all of the terms, conditions, and requirements

applicable to the transfer of property of the same type otherwise

owned by the United States.

-SOURCE-

(Pub. L. 103-236, title V, Sec. 552, Apr. 30, 1994, 108 Stat. 482.)

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SHORT TITLE

Section 551 of Pub. L. 103-236 provided that: "This part [part B

(Secs. 551-556) of title V of Pub. L. 103-236, enacting this

chapter] may be cited as the 'Spoils of War Act of 1994'."

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50 USC Sec. 2202 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 39 - SPOILS OF WAR

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Sec. 2202. Prohibition on transfers to countries which support

terrorism

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Spoils of war in the possession, custody, or control of the

United States may not be transferred to any country determined by

the Secretary of State, for purposes of section 2780 of title 22,

to be a nation whose government has repeatedly provided support for

acts of international terrorism.

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(Pub. L. 103-236, title V, Sec. 553, Apr. 30, 1994, 108 Stat. 482.)

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50 USC Sec. 2203 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 39 - SPOILS OF WAR

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Sec. 2203. Report on previous transfers

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Not later than 90 days after April 30, 1994, the President shall

submit to the appropriate congressional committees a report

describing any spoils of war obtained subsequent to August 2, 1990

that were transferred to any party, including any government,

group, or person, before April 30, 1994. Such report shall be

submitted in unclassified form to the extent possible.

-SOURCE-

(Pub. L. 103-236, title V, Sec. 554, Apr. 30, 1994, 108 Stat. 482.)

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50 USC Sec. 2204 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 39 - SPOILS OF WAR

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Sec. 2204. Definitions

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As used in this chapter -

(1) the term "appropriate congressional committees" means the

Committee on Foreign Relations of the Senate and the Committee on

Foreign Affairs of the House of Representatives, or, where

required by law for certain reporting purposes, the Select

Committee on Intelligence of the Senate and the Select (!1)

Committee on Intelligence of the House of Representatives;

(2) the term "enemy" means any country, government, group, or

person that has been engaged in hostilities, whether or not

lawfully authorized, with the United States;

(3) the term "person" means -

(A) any natural person;

(B) any corporation, partnership, or other legal entity; and

(C) any organization, association, or group; and

(4) the term "spoils of war" means enemy movable property

lawfully captured, seized, confiscated, or found which has become

United States property in accordance with the laws of war.

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(Pub. L. 103-236, title V, Sec. 555, Apr. 30, 1994, 108 Stat. 482.)

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

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(!1) So in original. Probably should be preceded by "Permanent".

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50 USC Sec. 2205 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 39 - SPOILS OF WAR

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Sec. 2205. Construction

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Nothing in this chapter shall apply to -

(1) the abandonment or failure to take possession of spoils of

war by troops in the field for valid military reasons related to

the conduct of the immediate conflict, including the burden of

transporting such property or a decision to allow allied forces

to take immediate possession of certain property solely for use

during an ongoing conflict;

(2) the abandonment or return of any property obtained,

borrowed, or requisitioned for temporary use during military

operations without intent to retain possession of such property;

(3) the destruction of spoils of war by troops in the field;

(4) the return of spoils of war to previous owners from whom

such property had been seized by enemy forces; or

(5) minor articles of personal property which have lawfully

become the property of individual members of the armed forces as

war trophies pursuant to public written authorization from the

Department of Defense.

-SOURCE-

(Pub. L. 103-236, title V, Sec. 556, Apr. 30, 1994, 108 Stat. 483.)

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