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US President Joe Biden has signed a memorandum that allows national security to control how military materials will be used by any country that buys ammunition from the US.
The memorandum also includes strengthening the oversight process for the end use of the material, through reports to be submitted to Congress by the US government.
If it is determined by the Department of State and the Pentagon that the guarantees given by the receiving country are not being fulfilled, then the two ministers within 45 days present a report to the president, indicating the appropriate steps to address the situation. In this case, a number of options will be considered, including the renewal of warranties to the suspension of any further transfer of protective material.
“It is essential to ensure that there are adequate safeguards and accountability for overseas defense sales. Under the Arms Export Control Act, both the State Department and the Defense Department have programs to monitor the use. The United States always seeks to promote respect for international law and encourages other states and partners to do the same," the memo said.
The memorandum requires the Secretary of State to obtain credible written assurances from foreign governments receiving defense materiel and, when applicable, defense services, from the Departments of State and Defense and requires the Department of State and the Pentagon to provide periodic reports to Congress to enable effective oversight.
At the same time, the Secretaries of State and Defense are responsible for ensuring that all transfers of defense material are conducted in a manner consistent with international and domestic law, including international humanitarian law.
Memorandum signed by Joe Biden
“It is essential to ensure that there are adequate safeguards and accountability for overseas defense sales. Under the Arms Export Control Act, both the State Department and the Defense Department operate usage tracking programs. The United States always seeks to promote respect for international law and encourages other states and partners to do the same.
To effectively enforce certain obligations under United States law, the US must take a view on foreign partners' compliance with international law, including, as appropriate, international human rights law and international humanitarian law . The United States looks to the compliance of United States partners with international humanitarian law when evaluating the legality of United States military assistance and joint operations with military partners.
For these reasons, I am issuing this memorandum, which requires the Secretary of State to obtain reliable written assurances from foreign governments that receive defense materiel and, as appropriate, defense services, from the Departments of State and Defense, and requires the State Department and the Pentagon to provide periodic reports to Congress to enable effective oversight. In addition to the requirements of this memorandum, the Secretaries of State and Defense are responsible for ensuring that all transfers of defense materiel and defense services by the Departments of State and Defense under any security cooperation or assistance authority are conducted in a manner that compliance with all applicable international and domestic laws and policies, including international humanitarian law and international human rights law.
The policy described in this memorandum applies in the future to the provision of any defense material to foreign governments by the Department of State or Defense. Before the Departments of Foreign Affairs or Defense provide such defense materials to the recipient country and, as the case may be, the Secretary of State must:
- obtain reliable written assurances from a representative of the host country that it will use any such protective material in accordance with international humanitarian law and, where applicable, other international law.
– in any armed conflict where the recipient country uses such protective materials, it will, in accordance with international law, facilitate and not arbitrarily deny, limit or impede, directly or indirectly, the transfer or delivery of United States humanitarian assistance .
If it is determined by the Secretary of State or the Secretary of Defense that the reliability of the assurances provided by the recipient country is called into question and needs to be reviewed, the two ministers shall report to the President within 45 days and indicate the appropriate next steps to be taken to evaluate or address the situation. This response may include actions ranging from the renewal of guarantees to the suspension of any further transfers of defense goods or, as appropriate, defense services.
Not later than 90 days after the date of this memorandum and once in each fiscal year thereafter, the Secretaries of State and Defense shall report to the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; the Foreign Affairs Committee, the Armed Services Committee and the House Appropriations Committee. The written report shall include, inter alia, an assessment of any credible report or allegation that such defense materials and, where appropriate, defense services have been used in a manner inconsistent with international law . Biden said.
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