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1 1 (May 29, 2019)

handle is hein.crs/govzxp0001 and id is 1 raw text is: Congressional _______ 'Research Service '=-'- = k iforming the IegisIative debate since 1914 Waiver of Congressional Notification Period in the Arms Export Control Act May 29, 2019 The Trump Administration's notification to Congress on May 24, 2019 regarding the sales of arms to Saudi Arabia, the United Arab Emirates, and Jordan as an emergency measure, avoiding the statutorily required 30-day congressional notification requirement, has stirred a debate concerning the propriety of the waiver. Specifically, some argue that the waiver authority under the relevant section of the Arms Export Control Act (AECA) (as amended) is effective only with respect to export licenses to NATO and certain other allied countries and certain exports of satellite communications equipment, both of which ordinarily require a 15-day notification period. Others read the relevant statute as permitting a waiver also with respect to arms sales to countries that ordinarily require a 30-day waiting period. As a result of an amendment Congress enacted in 2000, § 36(c) of the AECA seems ambiguous on this point. (Secretary of State Michael Pompeo also asserted authority under paragraphs 36(b)(1) and 36(d)(2), covering Foreign Military Sales offers and commercial technical assistance or manufacturing licensing agreement, both of which appear to be covered by waiver authorization.) Section 36(c) of the AECA covers commercially licensed arms sales and sales of defense services, for which Congress must be formally notified 30 calendar days (in the case of non-allies) before the export license is issued if the sale is of major defense equipment valued at $14 million or more, or defense articles or services valued at $50 million or more. However, § 36(c)(2) gives the President authority to issue such an export license without the waiting period for congressional notification if he states that immediate issue is necessary in the national security interests of the United States, and provides a justification. (For more information on the congressional notification procedure under the AECA, see CRS report Arms Sales: Congressional Review Process.) Prior to enactment of § 102(c) of the Security Assistance Act of 2000, § 36(c)(2) of the AECA provided: (2) Unless the President states in his certification that an emergency exists which requires the proposed export in the national security interests of the United States, a license for export described in paragraph (1)- (A) in the case of a license for an export to the North Atlantic Treaty Organization, any member country of that Organization or Australia, Japan, the Republic of Korea, Israel, or New Zealand, shall not be issued until at least 15 calendar days after the Congress receives such certification, Congressional Research Service https://crsreports.congress.gov LSB10304 CRS Legal Sidebar Prepared for Members and Committees of Congress

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