Certification requirements relating to certain munitions exports

(a) Initial certification; prohibition (1) In general Except as provided in paragraph (2), no covered munition may be transferred to the government of a country designated as a covered country under section 7, or any other organization, citizen, or resident of such covered country, until the Secretary of State submits to the appropriate congressional committees a certification that the program required under subsection (c) has been established. (2) Waiver For the one-year period beginning on the effective date of this section described in subsection (d), the Secretary of State may waive the certification requirement under paragraph (1) with respect to the transfer of a covered munition to the government of a country described in paragraph (1) if the Secretary certifies to the appropriate congressional committees that such waiver is in the national security interest of the United States and includes a written justification with the certification. (b) Review and recertification (1) In general Not later than 3 years after the date of the submission of the certification under subsection (a) for a country designated as a covered country under section 7, and annually thereafter until such time as the designation is terminated, the Secretary of State shall review, and submit to the appropriate congressional committees a recertification of, such certification. (2) Prohibition If the Secretary of State is unable to recertify a covered country as required under paragraph (1), no covered munition may be transferred to the government of the covered country, or any other organization, citizen, or resident of such covered country, until the date on which the Secretary is able to so recertify. (c) Program (1) Establishment The Secretary of State shall establish and carry out a program under which the Secretary shall prohibit the retransfer of covered munitions transferred to countries designated as covered countries under section 7without the consent of the United States and provide for the registration and end-use monitoring of such covered munitions in accordance with the following requirements: (A) The maintenance of a detailed record of the origin, shipping, and distribution of covered munitions transferred to countries designated as covered countries under section 7. (B) The registration of the serial numbers of all covered munitions, to be provided to the governments of such covered countries and other organizations, citizens, and residents within such covered countries. (C) The conduct of a program for the end-use monitoring of covered munitions transferred to the entities and individuals described in subparagraph (B). (2) Review of database In prohibiting the retransfer of covered munitions without the consent of the United States pursuant to the program under paragraph (1), the Secretary of State, in consultation with the Secretary of Commerce, shall— (A) review the database of the Department of State that stores records relating to vetting conducted pursuant to section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d) or section 362 of title 10, United States Code, known as the International Vetting and Security Tracking-cloud system or INVEST system (or any successor database), for any such records relating to the prospective recipients of such retransfer; and (B) ensure that such consent is not granted for any such prospective recipient who the Secretary of State determines, taking into account the review under subparagraph (A), is credibly implicated in a gross violation of internationally recognized human rights. (3) Data storage and sharing In carrying out the program under paragraph (1), the Secretary of State shall— (A) ensure that any data received pursuant to such program is stored and maintained in a database of the Department of State; and (B) to the extent practicable, provide for the sharing of such data with the Secretary of Commerce and the heads of such other Federal departments or agencies as the Secretary of State may determine relevant. (d) Effective date This section shall take effect on the date that is 1 year after the date on which the Secretary of Commerce completes the transfer of the control over the export of previously covered items to the jurisdiction of the Department of State under section 3(a).