§ 2785. — Enduse monitoring of defense articles and defense services.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2785]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 39--ARMS EXPORT CONTROL
SUBCHAPTER III-A--END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE
SERVICES
Sec. 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 (22 U.S.C. 2151 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
(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) of this
section, 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], 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 et seq.) includes defense articles and
defense services that are transferred to a third country or other third
party.
(Pub. L. 90-629, ch. 3A, Sec. 40A, as added Pub. L. 104-164, title I,
Sec. 150(a), July 21, 1996, 110 Stat. 1436; amended Pub. L. 107-228,
div. B, title XII, Sec. 1205(b), Sept. 30, 2002, 116 Stat. 1428.)
References in Text
The Foreign Assistance Act of 1961, referred to in subsecs. (a)(1)
and (d), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
which is classified principally to chapter 32 (Sec. 2151 et seq.) of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 2151 of this title and Tables.
Codification
Another section 40A of Pub. L. 90-629 is classified to section 2781
of this title.
Amendments
2002--Subsec. (c). Pub. L. 107-228 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.
Effective Date
Section 150(b) of Pub. L. 104-164 provided that: ``Section 40A of
the Arms Export Control Act, as added by subsection (a) [22 U.S.C.
2785], applies with respect to defense articles and defense services
provided before or after the date of the enactment of this Act [July 21,
1996].''
Delegation of Functions
Functions of President under this section delegated to Secretary of
State insofar as they relate to commercial exports licensed under this
chapter, and to Secretary of Defense insofar as they relate to defense
articles and defense services sold, leased, or transferred under the
Foreign Military Sales Program, by section 1(n) of Ex. Ord. No. 11958,
Jan. 18, 1977, 42 F.R. 4311, as amended, set out as a note under section
2751 of this title.
