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1 1 (January 22, 2024)

handle is hein.crs/goveobq0001 and id is 1 raw text is: Con gressionol Research Service esInforming the IegisIative debate since 1914 S Updated January 22, 2024 U.S. Arms Sales and Human Rights: Legislative Basis and Frequently Asked Questions U.S. law establishes the conditions under which the U.S. government and U.S. commercial entities may sell defense articles to foreign countries. This In Focus provides an overview of the main laws and policies that may limit such sales on the basis of human rights concerns. Background The Arms Export Control Act (AECA; P.L. 90-629; 22 U.S.C. 2751 et seq.) and the Foreign Assistance Act of 1961 (FAA; P.L. 87-195; 22 U.S.C. 2151 et seq.) establish provisions governing Foreign Military Sales (FMS) and Direct Commercial Sales (DCS) to foreign consumers, including foreign governments. FMS refers to the sale of U.S.-origin defense articles, equipment, services, and training (hereinafter referred to as defense articles) on a government-to-government basis. DCS refers to the sale of U.S.-government licensed defense articles and services directly from U.S. firms to eligible foreign governments and international organizations. The AECA and FAA establish eligibility prerequisites for the sale of defense articles to foreign purchasers. The acts also require that such sales be for specific authorized military purposes and subject to end-use monitoring (EUM). The acts authorize the termination of future sales and deliveries if a recipient is found to be in substantial violation of a sale-related agreement with the United States or to be otherwise using such defense articles for unauthorized purposes. The FAA and executive branch policy restrict certain sales of defense articles to foreign recipients found to have committed human rights violations. General Umitations on IS and DCS Although the AECA does not refer specifically to human rights, the act includes general provisions and conditions for the export of U.S.-origin defense articles that may indirectly address human rights concerns. For example, Section 38(a)(1) of the AECA (22 U.S.C. 2778(a)(1)) authorizes the President to control the import and export of defense articles for broad policy goals, including world peace and U.S. security and foreign policy. Section 42(a) of AECA (22 U.S.C. 2791(a)) requires the executive branch, to consider, among other factors, whether a given defense article sale might increase the possibility of outbreak or escalation of conflict. See also Section 511 of the FAA (22 U.S.C. 2321d). Section 3(a) of AECA (22 U.S.C. 2753(a)) requires prospective recipients of defense articles to meet certain prerequisites for eligibility. These include purchaser commitments to refrain from transferring title to or possession of any defense article to unauthorized persons, as well as from diverting articles for unauthorized purposes or uses. See also Section 505(a) of the FAA (22 U.S.C. 2314(a)). Section 4 of the AECA (22 U.S.C. 2754) states that defense articles may be sold or leased for specific purposes only, including internal security, legitimate self-defense, and participation in collective measures requested by the United Nations or comparable organizations. See also Section 502 of the FAA (22 U.S.C. 2302). Section 3(c)(1)(B) of the AECA (22 U.S.C. 2753(c)(1)(B)) prohibits the sale or delivery of U.S.- origin defense articles when either the President or Congress find that a recipient country has used such articles in substantial violation of an agreement with the United States for a purpose not authorized by AECA Section 4 or FAA Section 502. (See also Section 505(d) of the FAA (22 U.S.C. 2314(d)).) If found to be in violation by presidential determination or joint resolution of Congress, Section 3(c)(3) of the AECA (22 U.S.C. 2753(c)(3)) stipulates that, absent a presidential waiver, such countries would be ineligible for future U.S. arms sales until the President determines the violation has ceased and recipients assure violations will not recur. Such a waiver is not available if Congress has adopted a joint resolution described above. Human Rights-Reated Prohibitions Section 502B(a)(1) of the FAA (22 U.S.C. 2304(a)(1)) states that a principal goal of U.S. foreign policy shall be to promote the increased observance of internationally recognized human rights by all countries. Section 502B(a)(2) (22 U.S.C. 2304(a)(2)) stipulates that no security assistance may be provided to any country the government of which engages in a consistent pattern of gross violations of internationally recognized human rights. Section 502B(a)(2) also restricts licenses for the export of crime control and detection instruments and equipment to such countries. Certain exceptions can apply if the President certifies to Congress that extraordinary circumstances warrant the provision of assistance or licenses. Section 502B(d)(2) of the FAA (22 U.S.C. 2304(d)(2)) defines security assistance to include, for the purposes of the section, sales of defense articles or services, extensions of credits (including participations in credits), and guaranties of loans under the AECA. This section also defines security assistance to include * assistance provided pursuant to part II of the FAA for military assistance (chapter 2), the economic support

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