22 U.S.C. § 2785 | End-use monitoring of defense articles and defense services

(a)

Establishment of monitoring program

(1)

In general

22 U.S.C. 2151In order to improve accountability with respect to defense articles and defense services sold, leased, or exported under this chapter or the Foreign Assistance Act of 1961 ( et seq.), the President shall establish a program which provides for the end-use monitoring of such articles and services.

(2)

Requirements of program

To the extent practicable, such program—

(A)

section 2778(g)(7) of this title shall provide for the end-use monitoring of defense articles and defense services in accordance with the standards that apply for identifying high-risk exports for regular end-use verification developed under (commonly referred to as the “Blue Lantern” program); and

(B)

shall be designed to provide reasonable assurance that—

(i)

the recipient is complying with the requirements imposed by the United States Government with respect to use, transfers, and security of defense articles and defense services; and

(ii)

such articles and services are being used for the purposes for which they are provided.

(b)

Conduct of program

In carrying out the program established under subsection (a), the President shall ensure that the program—

(1)

provides for the end-use verification of defense articles and defense services that incorporate sensitive technology, defense articles and defense services that are particularly vulnerable to diversion or other misuse, or defense articles or defense services whose diversion or other misuse could have significant consequences; and

(2)

prevents the diversion (through reverse engineering or other means) of technology incorporated in defense articles.

(c)

Report to Congress

July 21, 199622 U.S.C. 2394Not later than 6 months after , and annually thereafter as a part of the annual congressional presentation documents submitted under section 634 of the Foreign Assistance Act of 1961 [], the President shall transmit to the Congress a report describing the actions taken to implement this section, including a detailed accounting of the costs and number of personnel associated with the monitoring program and the numbers, range, and findings of end-use monitoring of United States transfers of small arms and light weapons.

(d)

Third country transfers

22 U.S.C. 2151For purposes of this section, defense articles and defense services sold, leased, or exported under this chapter or the Foreign Assistance Act of 1961 ( et seq.) includes defense articles and defense services that are transferred to a third country or other third party.

Pub. L. 90–629 Pub. L. 104–164, title I, § 150(a)July 21, 1996110 Stat. 1436 Pub. L. 107–228, div. B, title XII, § 1205(b)Sept. 30, 2002116 Stat. 1428(, ch. 3A, § 40A, as added , , ; amended , , .)

Editorial Notes

References in Text

Pub. L. 90–629Oct. 22, 196882 Stat. 1321 section 2751 of this titleThis chapter, referred to in subsecs. (a)(1) and (d), was in the original “this Act”, meaning , , , which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 87–195Sept. 4, 196175 Stat. 424 section 2151 of this titleThe Foreign Assistance Act of 1961, referred to in subsecs. (a)(1) and (d), is , , , which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

section 40A of Pub. L. 90–629 section 2781 of this titleAnother is classified to .

Amendments

Pub. L. 107–2282002—Subsec. (c). inserted “and the numbers, range, and findings of end-use monitoring of United States transfers of small arms and light weapons” before period at end.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 104–164, title I, § 150(b)July 21, 1996110 Stat. 1437

22 U.S.C. 2785July 21, 1996“Section 40A of the Arms Export Control Act, as added by subsection (a) [], applies with respect to defense articles and defense services provided before or after the date of the enactment of this Act [].”

, , , provided that:

Executive Documents

Delegation of Functions

Mar. 8, 2013section 2751 of this title section 2751 of this titleFor delegation of functions of the President under this section, with certain conditions, see section 1(p) of Ex. Ord. No. 13637, , 78 F.R. 16130, set out as a note under . Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637.