HR 599 IHCommentsClose CommentsPermalink

113th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 599CommentsClose CommentsPermalink

To prohibit the transfer of defense articles and defense services to the governments of foreign countries that are engaging in gross violations of internationally recognized human rights, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

February 8, 2013CommentsClose CommentsPermalink

Mr. GRIJALVA (for himself, Mr. BLUMENAUER, Mr. DEFAZIO, Mr. HOLT, Mr. HONDA, Ms. LEE of California, Ms. MCCOLLUM, Mr. MCGOVERN, Mrs. NAPOLITANO, Ms. PINGREE of Maine, Mr. RANGEL, Ms. SLAUGHTER, Mr. FARR, and Mr. ELLISON) introduced the following bill; which was referred to the Committee on Foreign AffairsCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To prohibit the transfer of defense articles and defense services to the governments of foreign countries that are engaging in gross violations of internationally recognized human rights, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Arms Sale Responsibility Act of 2013’.CommentsClose CommentsPermalink

SEC. 2. SENSE OF CONGRESS PROVISIONS.

(a) Transfer of Conventional Arms- It is the sense of Congress that it should be the policy of the United States to maintain adherence to a policy of restraint in transferring conventional arms if evidence exists of substantial risk that such arms will be used to commit or facilitate serious violations of international human rights law or international humanitarian law.CommentsClose CommentsPermalink





(b) Arms Control Agreements- In furtherance of the policy described in subsection (a), the President, in negotiating any conventional arms control agreement, should undertake a concerted effort--CommentsClose CommentsPermalink





(1) to encourage the national control list of each party to the agreement to cover all types of weaponry, munitions, armaments and related material used for potentially lethal force in military and law enforcement operations, as well as any parts, components and accessories thereof, and machines, technologies and technical expertise for making, developing and maintaining those items;CommentsClose CommentsPermalink





(2) to conduct an effective inquiry and meaningful assessment of each application or proposal for authorization to export or internationally transfer arms on a case-by-case basis;CommentsClose CommentsPermalink





(3) to deny an arms transfer authorization if there is a substantial risk that the arms will be used to commit or facilitate serious violations of international human rights law or international humanitarian law and to ensure such denial remains in place until steps are taken to mitigate the level of risk;CommentsClose CommentsPermalink





(4) to require import and transit state authorizations, and certified end use assurances, before issuing an export license or authorization for any international transfer of conventional arms and to ensure minimum details in the end use assurance include the exporter, consignee, purchasers, country of final destination, description of type and quantity of items, specific purpose they will be used, an expiration date, and an undertaking that they will not be used for purposes other than those declared or re-exported without permission;CommentsClose CommentsPermalink





(5) to require delivery verification to be officially certified on receipt of the shipment of conventional arms by the end user, which includes at a minimum, the name and address of the exporter and the importer, the serial number of the import certificate, a description of the goods, the quantity and value, the port of arrival and the name of the ship, aircraft or other carrier; andCommentsClose CommentsPermalink





(6) to require each party to the agreement to establish a clear legal framework for lawful brokering and shipping activities relating to transfers of conventional arms.CommentsClose CommentsPermalink

SEC. 3. PROHIBITION ON TRANSFER OF DEFENSE ARTICLES AND DEFENSE SERVICES TO CERTAIN FOREIGN GOVERNMENTS.

(a) Prohibition- For each fiscal year beginning on or after the date of enactment of this Act, no defense articles or defense services may be transferred to the government of a foreign country under the Foreign Assistance Act of 1961 or the Arms Export Control Act unless the President submits to Congress a certification described in subsection (b) with respect to the transfer of such defense articles or defense services.CommentsClose CommentsPermalink





(b) Certification- A certification referred to in subsection (a) is a certification that--CommentsClose CommentsPermalink





(1) the government of the foreign country is not engaging in gross violations of internationally recognized human rights, including--CommentsClose CommentsPermalink





(A) by carrying out--CommentsClose CommentsPermalink





(i) excessive force against or unlawful killings of unarmed protesters;CommentsClose CommentsPermalink





(ii) extrajudicial or arbitrary executions;CommentsClose CommentsPermalink





(iii) disappearances;CommentsClose CommentsPermalink





(iv) torture or severe mistreatment;CommentsClose CommentsPermalink





(v) prolonged arbitrary imprisonment;CommentsClose CommentsPermalink





(vi) systematic official discrimination on the basis of race, ethnicity, religion, gender, national origin, or political affiliation; orCommentsClose CommentsPermalink





(vii) grave breaches of international humanitarian law; andCommentsClose CommentsPermalink





(B) by failing to--CommentsClose CommentsPermalink





(i) vigorously investigate, discipline, or prosecute those individuals responsible for gross violations of internationally recognized human rights;CommentsClose CommentsPermalink





(ii) allow the free functioning of domestic and international human rights organizations;CommentsClose CommentsPermalink





(iii) provide access on a regular basis to humanitarian organizations in humanitarian emergencies; orCommentsClose CommentsPermalink





(iv) divert the transfer of defense articles or defense services to a third country which facilitates one or more of the actions described in subparagraph (A); andCommentsClose CommentsPermalink





(2) the government of the country is not identified by the Secretary of State in the Department of State’s most recent Country Reports on Human Rights Practices as having governmental armed forces or government supported armed groups, including paramilitaries, militias, or civil defense forces, that recruit or use child soldiers.CommentsClose CommentsPermalink





(c) Failure To Continue To Comply- Any certification with respect to a foreign government for a fiscal year under subsection (b) shall cease to be effective for that fiscal year if the President certifies to Congress that such government has not continued to comply with the requirements contained in such subsection.CommentsClose CommentsPermalink





(d) Notifications to Congress- The President shall submit to Congress initial certifications under subsection (b) as part of the submission of the annual congressional presentation documents for foreign assistance programs for each fiscal year beginning on or after the date of enactment of this Act and shall, where appropriate, submit additional or amended certifications at any time thereafter in that fiscal year.CommentsClose CommentsPermalink





(e) Exemptions-CommentsClose CommentsPermalink





(1) IN GENERAL- The prohibition contained in subsection (a) shall not apply with respect to a foreign government for a fiscal year if--CommentsClose CommentsPermalink





(A) subject to paragraph (2), the President submits a request for an exemption to Congress containing a determination that it is in the national security interest of the United States to provide defense articles or defense services to such government; orCommentsClose CommentsPermalink





(B) the President determines that an emergency exists under which it is vital to the interest of the United States to provide military defense articles or defense services to such government.CommentsClose CommentsPermalink





(2) DISAPPROVAL- A request for an exemption to provide defense articles or defense services to a foreign government shall not take effect, or shall cease to be effective, if a law is enacted disapproving such request.CommentsClose CommentsPermalink





(f) Definitions- In this section--CommentsClose CommentsPermalink





(1) the term ‘defense article’ has the meaning given the term in section 47(3) of the Arms Export Control Act; andCommentsClose CommentsPermalink





(2) the term ‘defense service’ has the meaning given the term in section 47(4) of the Arms Export Control Act.CommentsClose CommentsPermalink