SUBCHAPTER III–A—END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE SERVICES
§2785. End-use monitoring of defense articles and defense services
(a) Establishment of monitoring program
(1) In general
In 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 (
(2) Requirements of program
To the extent practicable, such program—
(A) 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
(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
Not later than 6 months after July 21, 1996, and annually thereafter as a part of the annual congressional presentation documents submitted under section 634 of the Foreign Assistance Act of 1961 [
(d) Third country transfers
For purposes of this section, defense articles and defense services sold, leased, or exported under this chapter or the Foreign Assistance Act of 1961 (
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a)(1) and (d), was in the original "this Act", meaning
The Foreign Assistance Act of 1961, referred to in subsecs. (a)(1) and (d), is
Codification
Another section 40A of
Amendments
2002—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date
Executive Documents
Delegation of Functions
For delegation of functions of the President under this section, with certain conditions, see section 1(p) of Ex. Ord. No. 13637, Mar. 8, 2013, 78 F.R. 16130, set out as a note under