The Code does NOT create an arms sales blacklist - Any nation not granted waiver status by the President will be given another review the following year, at which time it may again become eligible to receive U.S. military equipment. By passing the Code, Congress strengthens the President's position when decisions are made not to sell weapons, and provides more leverage in the Administration's talks with foreign nations regarding human rights and military actions. Congress has the ability, by passing a joint resolution, to block any proposed arms sale. This law will remain in effect when the Code is enacted. It must be noted however, that Congress has not blocked a sale using this process in the 20 years the law has been in effect.
Increased scrutiny is needed to keep U.S. arms from outlasting American alliances.
The Code's restrictions are very close to those already in existing law - The Code requirement that foreign nations must be democratically elected closely echoes restrictions imposed by current law against military aid to Communist countries or to governments that attained power through a coup. Last, participation in the U.N. Arms Trade Register has no counterpart in U.S. law but the Register was originally a U.S. government initiative. Also, participation in the Register is a relatively benign act signifying a nation's commitment to transparency of arms transfers. However, U.S. leadership in making responsible arms exports is crucial. If the U.S. sets the standard, the Administration can challenge other nations to adhere to similar standards.