I 

113TH CONGRESS 

1ST SESSION H. R. 479 

To prohibit the transfer of defense articles and defense services to the governments of foreign countries that are engaging in gross violations of internationally recognized human rights, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 4, 2013 

Mr. GRIJALVA (for himself, Mr. BLUMENAUER, Mr. DEFAZIO, Mr. HOLT, Mr. 

HONDA, Ms. LEE of California, Ms. MCCOLLUM, Mr. MCGOVERN, Mrs. 

NAPOLITANO, Ms. PINGREE of Maine, Mr. RANGEL, Ms. SLAUGHTER, 

Mr. FARR, and Mr. ELLISON) introduced the following bill; which was referred to the Committee on Foreign Affairs 

A BILL 

To prohibit the transfer of defense articles and defense services to the governments of foreign countries that are 

engaging in gross violations of internationally recognized 

human rights, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Arms Sale Responsi5 bility Act of 2013’’. 


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1 SEC. 2. SENSE OF CONGRESS PROVISIONS. 

2 (a) TRANSFER OF CONVENTIONAL ARMS.—It is the 

3 sense of Congress that it should be the policy of the 

4 United States to maintain adherence to a policy of re5 straint in transferring conventional arms if evidence exists 

6 of substantial risk that such arms will be used to commit 

7 or facilitate serious violations of international human 

8 rights law or international humanitarian law. 

9 (b) ARMS CONTROL AGREEMENTS.—In furtherance 

10 of the policy described in subsection (a), the President, 

11 in negotiating any conventional arms control agreement, 

12 should undertake a concerted effort— 

13 (1) to encourage the national control list of 

14 each party to the agreement to cover all types of 

15 weaponry, munitions, armaments and related mate16 rial used for potentially lethal force in military and 

17 law enforcement operations, as well as any parts, 

18 components and accessories thereof, and machines, 

19 technologies and technical expertise for making, de20 veloping and maintaining those items; 

21 (2) to conduct an effective inquiry and mean22 ingful assessment of each application or proposal for 

23 authorization to export or internationally transfer 

24 arms on a case-by-case basis; 

25 (3) to deny an arms transfer authorization if 

26 there is a substantial risk that the arms will be used 


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1 to commit or facilitate serious violations of inter2 national human rights law or international humani3 tarian law and to ensure such denial remains in 

4 place until steps are taken to mitigate the level of 

5 risk; 

6 (4) to require import and transit state author7 izations, and certified end use assurances, before 

8 issuing an export license or authorization for any 

9 international transfer of conventional arms and to 

10 ensure minimum details in the end use assurance in11 clude the exporter, consignee, purchasers, country of 

12 final destination, description of type and quantity of 

13 items, specific purpose they will be used, an expira14 tion date, and an undertaking that they will not be 

15 used for purposes other than those declared or re16 exported without permission; 

17 (5) to require delivery verification to be offi18 cially certified on receipt of the shipment of conven19 tional arms by the end user, which includes at a 

20 minimum, the name and address of the exporter and 

21 the importer, the serial number of the import certifi22 cate, a description of the goods, the quantity and 

23 value, the port of arrival and the name of the ship, 

24 aircraft or other carrier; and 


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1 (6) to require each party to the agreement to 

2 establish a clear legal framework for lawful 

3 brokering and shipping activities relating to trans4 fers of conventional arms. 

5 SEC. 3. PROHIBITION ON TRANSFER OF DEFENSE ARTI6 CLES AND DEFENSE SERVICES TO CERTAIN 

7 FOREIGN GOVERNMENTS. 

8 (a) PROHIBITION.—For each fiscal year beginning on 

9 or after the date of enactment of this Act, no defense arti10 cles or defense services may be transferred to the govern11 ment of a foreign country under the Foreign Assistance 

12 Act of 1961 or the Arms Export Control Act unless the 

13 President submits to Congress a certification described in 

14 subsection (b) with respect to the transfer of such defense 

15 articles or defense services. 

16 (b) CERTIFICATION.—A certification referred to in 

17 subsection (a) is a certification that— 

18 (1) the government of the foreign country is not 

19 engaging in gross violations of internationally recog20 nized human rights, including— 

21 (A) by carrying out— 

22 (i) excessive force against or unlawful 

23 killings of unarmed protesters; 

24 (ii) extrajudicial or arbitrary execu25 tions; 


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1 (iii) disappearances; 

2 (iv) torture or severe mistreatment; 

3 (v) prolonged arbitrary imprisonment; 

4 (vi) systematic official discrimination 

5 on the basis of race, ethnicity, religion, 

6 gender, national origin, or political affili7 ation; or 

8 (vii) grave breaches of international 

9 humanitarian law; and 

10 (B) by failing to— 

11 (i) vigorously investigate, discipline, or 

12 prosecute those individuals responsible for 

13 gross violations of internationally recog14 nized human rights; 

15 (ii) allow the free functioning of do16 mestic and international human rights or17 ganizations; 

18 (iii) provide access on a regular basis 

19 to humanitarian organizations in humani20 tarian emergencies; or 

21 (iv) divert the transfer of defense arti22 cles or defense services to a third country 

23 which facilitates one or more of the actions 

24 described in subparagraph (A); and 


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1 (2) the government of the country is not identi2 fied by the Secretary of State in the Department of 

3 State’s most recent Country Reports on Human 

4 Rights Practices as having governmental armed 

5 forces or government supported armed groups, in6 cluding paramilitaries, militias, or civil defense 

7 forces, that recruit or use child soldiers. 

8 (c) FAILURE TO CONTINUE TO COMPLY.—Any cer9 tification with respect to a foreign government for a fiscal 

10 year under subsection (b) shall cease to be effective for 

11 that fiscal year if the President certifies to Congress that 

12 such government has not continued to comply with the re13 quirements contained in such subsection. 

14 (d) NOTIFICATIONS TO CONGRESS.—The President 

15 shall submit to Congress initial certifications under sub16 section (b) as part of the submission of the annual con17 gressional presentation documents for foreign assistance 

18 programs for each fiscal year beginning on or after the 

19 date of enactment of this Act and shall, where appro20 priate, submit additional or amended certifications at any 

21 time thereafter in that fiscal year. 

22 (e) EXEMPTIONS.— 

23 (1) IN GENERAL.—The prohibition contained in 

24 subsection (a) shall not apply with respect to a for25 eign government for a fiscal year if— 


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1 (A) subject to paragraph (2), the President 

2 submits a request for an exemption to Congress 

3 containing a determination that it is in the na4 tional security interest of the United States to 

5 provide defense articles or defense services to 

6 such government; or 

7 (B) the President determines that an 

8 emergency exists under which it is vital to the 

9 interest of the United States to provide military 

10 defense articles or defense services to such gov11 ernment. 

12 (2) DISAPPROVAL.—A request for an exemption 

13 to provide defense articles or defense services to a 

14 foreign government shall not take effect, or shall 

15 cease to be effective, if a law is enacted disapproving 

16 such request. 

17 (f) DEFINITIONS.—In this section— 

18 (1) the term ‘‘defense article’’ has the meaning 

19 given the term in section 47(3) of the Arms Export 

20 Control Act; and 

21 (2) the term ‘‘defense service’’ has the meaning 

22 given the term in section 47(4) of the Arms Export 

23 Control Act. 

Æ 


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