I 
112TH CONGRESS 
2D SESSION 
H. R. 5749 
To prohibit the transfer of defense articles and defense services to the govern-
ments of foreign countries that are engaging in gross violations of inter-
nationally-recognized human rights, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 15, 2012 
Mr. GRIJALVA (for himself, Mr. CONYERS, Mr. DEFAZIO, Mr. FARR, Mr. FIL-
NER, Ms. HAHN, Mr. HOLT, Mr. JACKSON of Illinois, Mr. KUCINICH, Ms. 
LEE of California, Mr. POLIS, Mr. STARK, and Ms. WATERS) introduced 
the following bill; which was referred to the Committee on Foreign Af-
fairs 
A BILL 
To prohibit the transfer of defense articles and defense serv-
ices to the governments of foreign countries that are 
engaging in gross violations of internationally-recognized 
human rights, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Arms Sale Responsi-
bility Act of 2012’’. 
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SEC. 2. SENSE OF CONGRESS PROVISIONS. 
(a) TRANSFER OF CONVENTIONAL ARMS.—It is the 
sense of Congress that it should be the policy of the 
United States to maintain adherence to a policy of re-
straint in transferring conventional arms if evidence exists 
of substantial risk that such arms will be used to commit 
or facilitate serious violations of international human 
rights law or international humanitarian law. 
(b) ARMS CONTROL AGREEMENTS.—In furtherance 
of the policy described in subsection (a), the President, 
in negotiating any conventional arms control agreement, 
should undertake a concerted effort— 
(1) to encourage the national control list of 
each party to the agreement to cover all types of 
weaponry, munitions, armaments and related mate-
rial used for potentially lethal force in military and 
law enforcement operations, as well as any parts, 
components and accessories thereof, and machines, 
technologies and technical expertise for making, de-
veloping and maintaining those items; 
(2) to conduct an effective inquiry and mean-
ingful assessment of each application or proposal for 
authorization to export or internationally transfer 
arms on a case-by-case basis; 
(3) to deny an arms transfer authorization if 
there is a substantial risk that the arms will be used 
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to commit or facilitate serious violations of inter-
national human rights law or international humani-
tarian law and to ensure such denial remains in 
place until steps are taken to mitigate the level of 
risk; 
(4) to require import and transit state author-
izations, and certified end use assurances, before 
issuing an export license or authorization for any 
international transfer of conventional arms and to 
ensure minimum details in the end use assurance in-
clude the exporter, consignee, purchasers, country of 
final destination, description of type and quantity of 
items, specific purpose they will be used, an expira-
tion date, and an undertaking that they will not be 
used for purposes other than those declared or re- 
exported without permission; 
(5) to require delivery verification to be offi-
cially certified on receipt of the shipment of conven-
tional arms by the end user, which includes at a 
minimum, the name and address of the exporter and 
the importer, the serial number of the import certifi-
cate, a description of the goods, the quantity and 
value, the port of arrival and the name of the ship, 
aircraft or other carrier; and 
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(6) to require each party to the agreement to 
establish a clear legal framework for lawful 
brokering and shipping activities relating to trans-
fers of conventional arms. 
SEC. 3. PROHIBITION ON TRANSFER OF DEFENSE ARTI-
CLES AND DEFENSE SERVICES TO CERTAIN 
FOREIGN GOVERNMENTS. 
(a) PROHIBITION.—For each fiscal year beginning on 
or after the date of enactment of this Act, no defense arti-
cles or defense services may be transferred to the govern-
ment of a foreign country under the Foreign Assistance 
Act of 1961 or the Arms Export Control Act unless the 
President submits to Congress a certification described in 
subsection (b) with respect to the transfer of such defense 
articles or defense services. 
(b) CERTIFICATION.—A certification referred to in 
subsection (a) is a certification that— 
(1) the government of the foreign country is not 
engaging in gross violations of internationally-recog-
nized human rights, including— 
(A) by carrying out— 
(i) excessive force against or unlawful 
killings of unarmed protesters; 
(ii) extrajudicial or arbitrary execu-
tions; 
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(iii) disappearances; 
(iv) torture or severe mistreatment; 
(v) prolonged arbitrary imprisonment; 
(vi) systematic official discrimination 
on the basis of race, ethnicity, religion, 
gender, national origin, or political affili-
ation; or 
(vii) grave breaches of international 
humanitarian law; and 
(B) by failing to— 
(i) vigorously investigate, discipline, or 
prosecute those individuals responsible for 
gross violations of internationally-recog-
nized human rights; 
(ii) allow the free functioning of do-
mestic and international human rights or-
ganizations; 
(iii) provide access on a regular basis 
to humanitarian organizations in humani-
tarian emergencies; or 
(iv) divert the transfer of defense arti-
cles or defense services to a third country 
which facilitates 1 or more of the actions 
described in subparagraph (A); and 
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(2) the government of the country is not identi-
fied by the Secretary of State in the Department of 
State’s most recent Country Reports on Human 
Rights Practices as having governmental armed 
forces or government supported armed groups, in-
cluding paramilitaries, militias, or civil defense 
forces, that recruit or use child soldiers. 
(c) FAILURE TO CONTINUE TO COMPLY.—Any cer-
tification with respect to a foreign government for a fiscal 
year under subsection (b) 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 re-
quirements contained in such subsection. 
(d) NOTIFICATIONS TO CONGRESS.—The President 
shall submit to Congress initial certifications under sub-
section (b) as part of the submission of the annual con-
gressional presentation documents for foreign assistance 
programs for each fiscal year beginning on or after the 
date of enactment of this Act and shall, where appro-
priate, submit additional or amended certifications at any 
time thereafter in that fiscal year. 
(e) EXEMPTIONS.— 
(1) IN GENERAL.—The prohibition contained in 
subsection (a) shall not apply with respect to a for-
eign government for a fiscal year if— 
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(A) subject to paragraph (2), the President 
submits a request for an exemption to Congress 
containing a determination that it is in the na-
tional security interest of the United States to 
provide defense articles or defense services 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 
defense articles or defense services to such gov-
ernment. 
(2) DISAPPROVAL.—A request for an exemption 
to provide defense articles or defense services to a 
foreign government shall not take effect, or shall 
cease to be effective, if a law is enacted disapproving 
such request. 
(f) DEFINITIONS.—In this section— 
(1) the term ‘‘defense article’’ has the meaning 
given the term in section 47(3) of the Arms Export 
Control Act; and 
(2) the term ‘‘defense service’’ has the meaning 
given the term in section 47(4) of the Arms Export 
Control Act. 
Æ 
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