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

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

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Source location: Title 22, Chapter 39, § 2785; chapter-039-arms-export-control.md

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**(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 ([22 U.S.C. 2151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151&num=0&edition=prelim) 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) 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 [section 2778(g)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2778/g/7&num=0&edition=prelim) (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** 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 [[22 U.S.C. 2394](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2394&num=0&edition=prelim)], 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** For purposes of this section, defense articles and defense services sold, leased, or exported under this chapter or the Foreign Assistance Act of 1961 ([22 U.S.C. 2151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151&num=0&edition=prelim) et seq.) includes defense articles and defense services that are transferred to a third country or other third party.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2151 — Congressional findings and declaration of policy

(a) United States development cooperation policy

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2781 — Transactions with countries not fully cooperating with United States antiterrorism efforts

**(a) Prohibited transactions** No defense article or defense service may be sold or licensed for export under this chapter in a fiscal year to a foreign country that the President determines and certifies to Congress, by May 15 of the calendar year in which that fiscal year begins, is not cooperating fully with United States antiterrorism efforts. **(b) Waiver** The President may waive the prohibition set forth in subsection (a) with respect to a specific transaction if the President determines that the transaction is important to the national interests of the United States.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2751 — Need for international defense cooperation and military export controls; Presidential waiver; report to Congress; arms sales policy

As declared by the Congress in the Arms Control and Disarmament Act [[22 U.S.C. 2551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2551&num=0&edition=prelim) et seq.], an ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2394 — Reports and information; definitions

**(a) Annual report to Congress on programs having impact on developing countries; contents** In order that the Congress and the American people may be better and more currently informed regarding American foreign policy and the effectiveness of assistance provided by the United States Government to other countries and to international organizations, the Chairman of the Development Coordination Committee shall prepare and transmit to the Congress, no later than February 1 of each year, as a part of the annual presentation materials for foreign assistance, a report as described in this subsection. This report shall include— (1) (A) a comprehensive and coordinated review of all United States policies and programs having a major impact on the development of developing countries, including but not limited to bilateral and multilateral assistance, trade, debt, employment, food, energy, technology, population, oceans, environment, human settlements, natural resources, and participation in international agencies concerned with development; (B) an assessment of the impact of such policies and programs on the well-being of the poor majority in developing countries in accordance with the policy objectives of part I of subchapter I of this chapter, including increasing life expectancy and literacy, lowering infant mortality and birth rates, and increasing food production and employment, such assessment to include an evaluation of the extent to which programs under part I of subchapter I of this chapter directly benefit the poor majority; and (C) an assessment of the impact of such policies and programs on economic conditions in the United States, including but not limited to employment, wages, and working conditions; (2) the dollar value of all foreign assistance and gu

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2151 — Congressional findings and declaration of

Page 532 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2151 Sec. 2394a. Extortion and illegal payments to offi- cials of foreign countries receiving international security assistance. 2394b. HELP Commission. 2394c. Information on covered United States foreign assistance programs. 2395. General authorities. 2395a. International agreements concerning debt relief; transmittal to congres- sional committees. 2396. Availability of funds. 2396a. Property Management Fund. 2396b. USAID Buying Power Maintenance Ac- count. 2397. Administrative expenses. 2398. Assistance to countries pursuant to other statutes. 2399 to 2399a. Repealed or Transferred. 2399b. False claims and ineligible commodities. 2399c. Coordination of policies and programs. 2399d. Shipping differential. PART III—MISCELLANEOUS PROVISIONS 2401. Effective date; identification of pro- grams. 2402. Saving provisions. 2403. Definitions. 2404. Unexpended balances. 2405. Separability. 2406. Development programs for dependable fuel supplies. 2407. Special authorization for use of foreign currencies. 2408. Repealed. 2409. Use of United States Armed Forces. 2410, 2410a. Repealed. 2411. Limitation upon exercise of special au- thorities. 2412. Limitation on foreign assistance appro- priations. 2413. Changes in allocation of foreign assist- ance. 2414. Presidential findings and determina- tions. 2414a. Annual report to Congress on voting practices at United Nations. 2415. Annual military assistance report. 2416. Annual foreign military training report. 2417 to 2419. Repealed. 2420. Police training prohibition. 2421. Trade and Development Agency. 2421a. Capital projects office within Agency for International Development. 2421b. Capital projects for

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2394 — Reports and information; definitions

Page 902 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2393a appropriated for fiscal year 1984 and for prior fiscal years, and shall suspend the application of the provi- sions of section 1405 of the National Defense Authoriza- tion Act for Fiscal Year 1991, and amendments con- tained therein, through September 30, 1992. You are authorized and directed to publish this deter- mination in the Federal Register. GEORGE BUSH. § 2393a. Requests by Government Accountability Office and Congressional committees for doc- uments and materials None of the funds made available pursuant to the provisions of this chapter shall be used to carry out any provision of this chapter in any country or with respect to any project or activ- ity, after the expiration of the thirty-five-day period which begins on the date the Government Accountability Office or any committee of the Congress charged with considering legislation, appropriations or expenditures under this chap- ter, has delivered to the office of the head of any agency carrying out such provision, a written request that it be furnished any document, paper, communication, audit, review, finding, recommendation, report, or other material in its custody or control relating to the administra- tion of such provision in such country or with respect to such project or activity, unless and until there has been furnished to the Govern- ment Accountability Office, or to such com- mittee, as the case may be, (1) the document, paper, communication, audit, review, finding, recommendation, report, or other material so requested, or (2) a certification by the President that he has forbidden the furnishing thereof pur- suant to request and his reason for so doing. (Pub. L. 87–195, pt. III, § 633A, as added Pub. L. 95–424,

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2785 — End-use monitoring of defense articles

Page 1268 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2781 Oct. 12, 1984, 98 Stat. 1904, 1936, 1937, which is not classi- fied to the Code. The National Security Act of 1947, referred to in sub- sec. (h), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§ 401 et seq.) of Title 50, War and National Defense, prior to editorial reclassification in chapter 44 (§ 3001 et seq.) of Title 50. Title V of the Act is now classified generally to subchapter III (§ 3091 et seq.) of chapter 44 of Title 50. For complete classification of this Act to the Code, see Tables. The Export Administration Act of 1979, referred to in subsec. (k), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to chapter 56 (§ 4601 et seq.) of Title 50, War and National Defense, prior to re- peal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232, except for sections 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613). Sections 11 and 12 of the Act were classified to sections 4610 and 4614, re- spectively, of Title 50 prior to repeal. AMENDMENTS 2014—Subsecs. (f)(1), (g)(2)(B). Pub. L. 113–276 sub- stituted ‘‘the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Rep- resentatives, and’’ for ‘‘the Speaker of the House of Representatives and’’ in introductory provisions. 2010—Subsec. (j). Pub. L. 111–195 substituted ‘‘20 years’’ for ‘‘10 years’’. 2002—Subsec. (d). Pub. L. 107–228 substituted ‘‘groups,’’ for ‘‘groups or’’ in second sentence and in- serted before period at end ‘‘, or willfully aid or abet the efforts of an individual or group to use, develop, produce, stockpile, or otherwise acquire chemical, bio- logical, or rad

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