Amendments to the Arms Export Control Act

(a) Arms export control act Section 3 of the Arms Export Control Act (22 U.S.C. 2753) is amended by adding at the end of the section the following— (h) Agreement relating to use of defense articles and services In addition to any other requirements under this Act, the President shall take such steps as may be necessary to ensure that— (1) prior to authorizing or licensing the sale, export, or transfer of any defense article or defense service to a foreign country or international organization, the Secretary of State shall enter into a written agreement with the appropriate counterparts providing that the government of such country or that such international organization will not use any defense article or defense service of United States origin— (A) to commit or facilitate a violation of international humanitarian law or international human rights law; or (B) in an action that would render the government or organization ineligible to receive United States assistance or arms transfers as a matter of United States law; and (2) if defense articles are sold, exported, or transferred to a foreign country pursuant to an agreement otherwise in accordance with the requirements of this Act in which the intended end-user has not been identified at the unit level for purposes of the vetting required by section 362 of title 10, United States Code or section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d), the written agreement required by paragraph (1) for such sale, export, or transfer shall instead include a list of units ineligible to receive such articles, consistent with applicable provisions of United States law.. (b) Eligibility for defense articles or services (1) Arms Export Control Act Section 3(a) of the Arms Export Control Act (22 U.S.C. 2753(a)) is amended— (A) in paragraph (1), by striking and promote world peace and inserting, will promote world peace and the safety of civilians,; (B) in paragraph (3), by striking; and and inserting a semicolon; (C) by redesignating paragraph (4) as paragraph (5); and (D) by inserting after paragraph (3) the following new paragraph: (4) the country or international organization shall have agreed not to use such article or service to commit or facilitate a serious violation of international humanitarian law or international human rights law; and. (2) Foreign Assistance Act of 1961 Section 505 of the Foreign Assistance Act of 1961 (22 U.S.C. 2314) is amended— (A) in subsection (a)— (i) by striking (a) Conditions of eligibility and all that follows through the matter preceding paragraph (1) and inserting the following: (a) Conditions of eligibility In addition to such other provisions as the President may require, no defense articles or related training or other defense service shall be furnished to any country or international organization on a grant basis unless it shall have agreed that—; (ii) in paragraph (3), by striking; and and inserting a semicolon; (iii) by redesignating paragraph (4) as paragraph (5); and (iv) by inserting after paragraph (3) the following new paragraph: (4) it will not use such articles or services to commit or facilitate a serious violation of international humanitarian law or international human rights law; and; and (B) in subsection (e), by striking subsection (a)(1) or (a)(4) each place it appears and inserting subsection (a)(1) or (a)(5). (c) Authorized purpose for military sales Section 4 of the Arms Export Control Act (22 U.S.C. 2754) is amended— (1) by inserting legitimate before internal security; and (2) by inserting, to the extent that such defense articles and defense services will not be used in the commission of a serious violation of international humanitarian law or international human rights law. The violation of international humanitarian law or international human rights law may not be construed to be an authorized purpose for military sales or leases by the United States. after such friendly countries. (d) Effective date The amendments made by this section shall take effect 1 year after the date of the enactment of this Act. (e) Updates to existing policy (1) Secretary of State The Secretary of State shall— (A) subsume the Civilian Harm Incident Response Guidance into the requirements of this Act to carry out the Department’s operational end-use monitoring responsibilities; and (B) review other relevant policy and doctrine and, as necessary, amend any such policy or doctrine to ensure consistency with such amendments and to carry out such responsibilities. (2) Secretary of Defense The Secretary of Defense shall— (A) reissue Department of Defense Instruction 4140.66 to ensure consistency with the amendments made by this Act to carry out the Department’s operational end-use monitoring responsibilities; and (B) review other relevant policy and doctrine and, as necessary, amend any such policy or doctrine to ensure consistency with such amendments and to carry out such responsibilities.