Certification requirements relating to certain munitions exports

(a) Initial certification; prohibition (1) In general Except as provided in paragraph (2), a covered munition may not be transferred to the government of a country designated as a covered country pursuant to section 8(a), or to any organization, citizen, or resident of such covered country, until the Secretary of State submits a written certification to the appropriate congressional committees stating the program required under subsection (c) has been established. (2) Waiver During the 1-year period beginning on the effective date set forth 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 covered country if the Secretary— (A) certifies to the appropriate congressional committees that such waiver is in the national security interest of the United States; and (B) includes a written justification for such waiver with such certification. (b) Review and recertification (1) In general Not later than 3 years after the date on which the Secretary of State submits the certification described in subsection (a)(1) with respect to a covered country, and annually thereafter until the designation of such country as a covered country is terminated pursuant to section 8(d), the Secretary shall review and submit to the appropriate congressional committees a recertification of the establishment of the program required under subsection (c). (2) Prohibition If the Secretary of State is unable to recertify a covered country in accordance with paragraph (1), no covered munition may be transferred to the government of the covered country, or to any organization, citizen, or resident of such covered country, until the date on which the Secretary submits such recertification. (c) Program (1) Establishment The Secretary of State shall establish and carry out a program under which the Secretary— (A) prohibits the retransfer of covered munitions that were transferred to countries designated as covered countries under section 8(a) without the consent of the United States; and (B) provides for the registration and end-use monitoring of such covered munitions in accordance with the requirements described in paragraph (2). (2) Requirements (A) Detailed record The Secretary shall maintain a detailed record of the origin, shipping, and distribution of covered munitions transferred to countries designated as covered countries pursuant to section 8(a). (B) Registration The Secretary shall register the serial numbers of all covered munitions, which shall be provided to the governments of covered countries and to organizations, citizens, and residents within such covered countries. (C) End-use monitoring The Secretary shall carry out a program for the end-use monitoring of covered munitions transferred to the entities and individuals described in subparagraph (B). (3) Review of database In prohibiting the retransfer of covered munitions without the consent of the United States pursuant to the program required 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 maintains 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, which is known as the International Vetting and Security Tracking-cloud system or the INVEST system (or any successor database), for any such records relating to the prospective recipients of such a retransfer; and (B) ensure that the United States does not consent to such retransfer to any such prospective recipient that the Secretary of State determines, after taking into account the findings of the review required under subparagraph (A), is credibly implicated in a gross violation of internationally recognized human rights. (4) Data storage and sharing In carrying out the program established pursuant to 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 other Federal departments or agencies that the Secretary of State determines to be 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 pursuant to section 4(a)(1).