Code of Conduct on Arms Transfers
Act of 1999
HR 2269, 106th CONGRESS, 1st Session
To prohibit United States military assistance and arms transfers
to foreign governments that are undemocratic, do not adequately
protect human rights, are engaged in acts of armed aggression,
or are not fully participating in the United Nations Register
of Conventional Arms.
IN THE HOUSE OF REPRESENTATIVES
June 17, 1999 Ms. MCKINNEY (for herself, Mr. ROHRABACHER, Mr.
LEACH, Ms. RIVERS, Mr. PASCRELL, Mr. BONIOR, Mr. MEEHAN, Mr.
MCGOVERN, Mr. GEORGE MILLER of California, Mr. PORTER, Mrs. CAPPS,
Mr. FRANK of Massachusetts, Mr. WEINER, Mr. UNDERWOOD, Mrs. MINK
of Hawaii, Ms. SLAUGHTER, Mr. MARKEY, Mr. WAXMAN, Mr. CONYERS,
Mr. BARRETT of Wisconsin, Mr. DIXON, Mr. STARK, Mr. BROWN of
Ohio, Mrs. MORELLA, Mr. WYNN, Mr. LANTOS, Ms. WOOLSEY, Mr. NADLER,
Mr. TIERNEY, Mr. CAMPBELL, Mr. ALLEN, Mr. MOAKLEY, Mr. LUTHER,
Mr. FARR of California, Mr. ENGEL, Mr. ABERCROMBIE, Mr. SMITH
of New Jersey, Mr. DELAHUNT, Mr. HINCHEY, Mr. DEFAZIO, Ms. NORTON,
Mr. BLUMENAUER, Mr. ANDREWS, Mr. HILLIARD, Mr. FALEOMAVAEGA,
Mr. MINGE, Mr. FATTAH, Mr. DOYLE, Mr. LEWIS of Georgia, Ms. KILPATRICK,
Mr. OBERSTAR, Mr. LOBIONDO, Mr. KUCINICH, Mr. EVANS, Mr. CLAY,
Mr. WATT of North Carolina, Ms. PELOSI, Ms. ROYBAL-ALLARD, Mr.
BROWN of Califoia, Mr. TOWNS, Ms. HOOLEY of Oregon, Mr. KILDEE,
Mr. CARDIN, Mr. BERMAN, Mr. CLYBURN, and Ms. LEE) introduced
the following bill; which was referred to the Committee on International
Relations, and in addition to the Committee on Armed Services,
for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL To prohibit United States military assistance and arms
transfers to foreign governments that are undemocratic, do not
adequately protect human rights, are engaged in acts of armed
aggression, or are not fully participating in the United Nations
Register of Conventional Arms.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Code of Conduct on Arms Transfers
Act of 1999'.
SEC. 2. PURPOSE.
The purpose of this Act is to provide clear policy guidelines
and congressional responsibility for determining the eligibility
of foreign governments to be considered for United States military
assistance and arms transfers.
SEC. 3. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE AND
ARMS TRANSFERS TO CERTAIN FOREIGN GOVERNMENTS.
(a) PROHIBITION- Except as provided in subsections (b) and
(c), United States military assistance and arms transfers may
not be provided to a foreign government for any fiscal year beginning
after the date of the enactment of this Act unless the President
certifies to Congress for that fiscal year that such government
meets the following requirements:
(1) PROMOTES DEMOCRACY- Such government--(A) was chosen by
and permits free and fair elections; (B) promotes civilian control
of the military and security forces and has civilian institutions
controlling the policy, operation, and spending of all law enforcement
and security institutions, as well as the armed forces; (C) promotes
the rule of law, equality before the law, and respect for individual
and minority rights, including freedom to speak, publish, associate,
and organize; and (D) promotes the strengthening of political,
legislative, and civil institutions of democracy, as well as
autonomous institutions to monitor the conduct of public officials
and to combat corruption.
(2) RESPECTS HUMAN RIGHTS- Such government-(A) does not engage
in gross violations of internationally recognized human rights,
including-- (i) extrajudicial or arbitrary executions; (ii) disappearances;
(iii) torture or severe mistreatment; (iv) prolonged arbitrary
(v) systematic official discrimination on the basis of race,
ethnicity, religion, gender, national origin, or political affiliation;
and (vi) grave breaches of international laws of war or equivalent
violations of the laws of war in internal conflicts; (B) vigorously
investigates, disciplines, and prosecutes those responsible for
gross violations of internationally recognized human rights;
(C) permits access on a regular basis to political prisoners
by international humanitarian organizations such as the International
Committee of the Red Cross; (D) promotes the independence of
the judiciary and other official bodies that oversee the protection
of human rights; (E) does not impede the free functioning of
domestic and international human rights organizations; and (F)
provides access on a regular basis to humanitarian organizations
in situations of conflict or famine.
(3) NOT ENGAGED IN CERTAIN ACTS OF ARMED AGGRESSION- Such
government is not currently engaged in acts of armed aggression
in violation of international law.
(4) FULL PARTICIPATION IN UNITED NATIONS REGISTER OF CONVENTIONAL
ARMS- Such government is fully participating in the United Nations
Register of Conventional Arms.
(b) REQUIREMENT FOR CONTINUING COMPLIANCE- Any certification
with respect to a foreign government for a fiscal year under
subsection (a) shall cease to be effective for that fiscal year
if the President certifies to Congress that such government has
not continued to comply with the requirements contained in paragraphs
(1) through (4) of such subsection.
(1) IN GENERAL- The prohibition contained in subsection (a)
shall not apply with respect to a foreign government for a fiscal
year if- (A) subject to paragraph (2), the President submits
a request for an exemption to Congress containing a determination
that it is in the national security interest of the United States
to provide military assistance and arms transfers to such government;
or (B) the President determines that an emergency exists under
which it is vital to the interest of the United States to provide
military assistance and arms transfers to such government.
(2) DISAPPROVAL- A request for an exemption to provide military
assistance and arms transfers to a foreign government shall not
take effect, or shall cease to be effective, if a law is enacted
disapproving such request.
(d) NOTIFICATIONS TO CONGRESS-
(1) IN GENERAL- The President shall submit to Congress initial
certifications under subsection (a) and requests for exemptions
under subsection (c)(1)(A) in conjunction with the submission
of the annual congressional presentation documents for foreign
assistance programs for a fiscal year and shall, where appropriate,
submit additional or amended certifications and requests for
exemptions at any time thereafter in the fiscal year.
(2) DETERMINATION WITH RESPECT TO EMERGENCY SITUATIONS- Whenever
the President determines that it would not be contrary to the
national interest to do so, he shall submit to Congress at the
earliest possible date reports containing determinations with
respect to emergencies under subsection (c)(1)(B). Each such
report shall contain a description of- A) the nature of the emergency;
B) the type of military assistance and arms transfers provided
to the foreign government; and C) the cost to the United States
of such assistance and arms transfers.
SEC. 4. PROMOTING AN INTERNATIONAL ARMS TRANSFERS REGIME.
(a) INTERNATIONAL COOPERATION- Prior to the beginning of each
fiscal year, the President shall compile a list of countries
that do not meet the requirements in section 3(a) and for which
the President has not requested an exemption under section 3(c).
The President shall--
(1) notify the governments participating in the Wassenaar
Arrangement on Export Controls for Conventional Arms and Dual
Use Goods and Technologies, done at Vienna, July 11 and 12, 1996
(in this section referred to as the `Wassenaar Arrangement'),
and such other foreign governments as the President deems appropriate,
that the countries so listed are ineligible to receive United
States arms sales and military assistance under this Act; and
(2) request that the countries so notified also declare the
listed countries as ineligible for arms sales and military assistance.
(b) MULTILATERAL EFFORTS- The President shall continue and
expand efforts through the United Nations and other international
fora, such as the Wassenaar Arrangement, to limit arms transfers
worldwide, particularly transfers to countries that do not meet
the criteria established in section 3, for the purpose of establishing
a permanent multilateral regime to govern the transfer of conventional
(1) IN GENERAL- Beginning one year after the date of enactment
of this Act, and annually thereafter, the President shall submit
a report to Congress-(A) describing efforts he has undertaken
during the preceding year to gain international acceptance of
the principles contained in section 3; and (B)
evaluating the progress made toward establishing a multilateral
regime to control the transfer of conventional arms.
(2) SUBMISSION OF THE REPORT- This report shall be submitted
in conjunction with the submission of the annual congressional
presentation documents for foreign assistance programs for a
SEC. 5. UNITED STATES MILITARY ASSISTANCE AND ARMS TRANSFERS
For purposes of this Act, the terms `United States military
assistance and arms transfers' and `military assistance and arms
(1) assistance under chapter 2 of part II of the Foreign Assistance
Act of 1961 (relating to military assistance), including the
transfer of excess defense articles under section 516 of that
(2) assistance under chapter 5 of part II of the Foreign Assistance
Act of 1961 (relating to international military education and
(3) the transfer of defense articles, defense services, or
design and construction services under the Arms Export Control
Act (excluding any transfer or other assistance under section
23 of such Act to countries that are specifically identified
and approved for such assistance in law), including defense articles
and defense services licensed or approved for export under section
38 of that Act; or
(4) assistance under sections 2010 and 2011 of title 10, United
States Code, and assistance under section 1004 of the National
Defense Authorization Act for Fiscal Year 1991.