Per the Washington Examiner:
Section 40 is extracted here:
It relevantly provides:
Allahu Akhbar!
The president, citing his authority under the Arms Export Control Act, announced today that he would "waive the prohibitions in sections 40 and 40A of the AECA related to such a transaction."
Section 40 is extracted here:
It relevantly provides:
(a) The following transactions by the United States Government are prohibited:
(1) Exporting or otherwise providing (by sale, lease or loan, grant, or other means), directly or indirectly, any munitions item to a country described in subsection (d) of this section under the authority of this chapter, the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], or any other law (except as provided in subsection (h) of this section)...(5)This paragraph applies with respect to activities undertaken—(A) by any department, agency, or other instrumentality of the Government....
(b)A United States person may not take any of the following actions:
(A) Exporting any munitions item to any country described in subsection (d) of this section....
(c) Transfers to governments and persons covered
This section applies with respect to—
(1) the acquisition of munitions items by the government of a country described in subsection (d) of this section; and
(2) the acquisition of munitions items by any individual, group, or other person within a country described in subsection (d) of this section, except to the extent that subparagraph (D) of subsection (b)(1) of this section provides otherwise.
(d)(d) Countries covered by prohibition
The prohibitions contained in this section apply with respect to a country if the Secretary of State determines that the government of that country has repeatedly provided support for acts of international terrorism...
(g) Waiver. The President may waive the prohibitions contained in this section with respect to a specific transaction if—
(1) the President determines that the transaction is essential to the national security interests of the United States; and
(2) not less than 15 days prior to the proposed transaction, the President—
(A) consults with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate; and
(B) submits to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report....
(1) Exporting or otherwise providing (by sale, lease or loan, grant, or other means), directly or indirectly, any munitions item to a country described in subsection (d) of this section under the authority of this chapter, the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], or any other law (except as provided in subsection (h) of this section)...(5)This paragraph applies with respect to activities undertaken—(A) by any department, agency, or other instrumentality of the Government....
(b)A United States person may not take any of the following actions:
(A) Exporting any munitions item to any country described in subsection (d) of this section....
(c) Transfers to governments and persons covered
This section applies with respect to—
(1) the acquisition of munitions items by the government of a country described in subsection (d) of this section; and
(2) the acquisition of munitions items by any individual, group, or other person within a country described in subsection (d) of this section, except to the extent that subparagraph (D) of subsection (b)(1) of this section provides otherwise.
(d)(d) Countries covered by prohibition
The prohibitions contained in this section apply with respect to a country if the Secretary of State determines that the government of that country has repeatedly provided support for acts of international terrorism...
(g) Waiver. The President may waive the prohibitions contained in this section with respect to a specific transaction if—
(1) the President determines that the transaction is essential to the national security interests of the United States; and
(2) not less than 15 days prior to the proposed transaction, the President—
(A) consults with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate; and
(B) submits to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report....
Allahu Akhbar!
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