[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 599 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 599
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 8, 2013
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 Affairs
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arms Sale Responsibility Act of
2013''.
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.
(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--
(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;
(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;
(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;
(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;
(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; and
(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.
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.
(b) Certification.--A certification referred to in subsection (a)
is a certification that--
(1) the government of the foreign country is not engaging
in gross violations of internationally recognized human rights,
including--
(A) by carrying out--
(i) excessive force against or unlawful
killings of unarmed protesters;
(ii) extrajudicial or arbitrary executions;
(iii) disappearances;
(iv) torture or severe mistreatment;
(v) prolonged arbitrary imprisonment;
(vi) systematic official discrimination on
the basis of race, ethnicity, religion, gender,
national origin, or political affiliation; or
(vii) grave breaches of international
humanitarian law; and
(B) by failing to--
(i) vigorously investigate, discipline, or
prosecute those individuals responsible for
gross violations of internationally recognized
human rights;
(ii) allow the free functioning of domestic
and international human rights organizations;
(iii) provide access on a regular basis to
humanitarian organizations in humanitarian
emergencies; or
(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); and
(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.
(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.
(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.
(e) Exemptions.--
(1) In general.--The prohibition contained in subsection
(a) shall not apply with respect to a foreign government for a
fiscal year if--
(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; or
(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.
(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.
(f) Definitions.--In this section--
(1) the term ``defense article'' has the meaning given the
term in section 47(3) of the Arms Export Control Act; and
(2) the term ``defense service'' has the meaning given the
term in section 47(4) of the Arms Export Control Act.
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