Sec. 4382. Congressional certification of sensitive foreign military sales and agreements
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The President shall submit to the appropriate congressional committees a numbered certification with respect to any letter of offer to sell, or an application by a person for a license for the export of, pursuant to this or any other Act, the following to a foreign country or international organization: Major defense equipment of a type that have not been sold to the country or organization for $25,000,000 or more. Major defense equipment of a type that have been sold to the country or organization but are significantly different in terms of capability from those previously sold, for $25,000,000 or more.
Fixed- or rotary-wing aircraft, whether flown remotely or by an onboard pilot, primarily used for military purposes; navigation, sensors, sensitive components; and engines for same and sensitive components of such engines. Radars for military end-use. Guided or ballistic missiles, regardless of mode of launch. Firearms, close assault weapons, and combat shotguns over $1,000,000. Night vision devices. Naval vessels, both surface vessels (above 3,000 tons) and submersibles. Toxicological Agents and associated equipment, for $25,000,000 or more.
Tanks (including significant components) and armored vehicle chassis, regardless of armament or lack thereof. Other defense articles and defense services for $100,000,000 or more. Military-related design and construction services for $300,000,000 or more. The following requirements shall apply with respect to the submission of a numbered certification under subsection (a): Before a United States commercial technical assistance or manufacturing licensing agreement that involves the manufacture outside the United States of any sensitive military equipment is approved under section 4301, the Secretary shall transmit to the appropriate congressional committees an unclassified numbered certification with respect to the agreement.
Each numbered certification shall specify— the foreign country or international organization to which the defense article or defense service is offered or was sold, as the case may be; the dollar amount of the offer to sell or the sale and the number of defense articles offered or sold, as the case may be; a description of the defense article or defense service offered or sold, as the case may be; and the United States Armed Forces or Federal agency that is making the offer to sell or the sale, as the case may be.
For commercial technical assistance or manufacturing licensing agreements, each numbered certification shall specify— the purchaser; the Federal agency responsible for implementing the sale; an estimate of the dollar amount of the sale; and a general description of the real property facilities to be constructed pursuant to such sale. Each numbered certification submitted under subsection
(a)shall also contain information on the following: A description, containing the information described in section 4381(a)(7), of any contribution, gift, commission, or fee paid or offered or agreed to be paid in order to solicit, promote, or otherwise to secure the letter of offer relating to the numbered certification. An item, classified if necessary, identifying the sensitivity of technology contained in the defense articles, defense services, or design and construction services proposed to be sold, and a detailed justification of the reasons necessitating the sale of the articles, services, or design and construction services in view of the sensitivity of the technology. In a case in which the defense articles or defense services listed on the Missile Technology Control Regime Annex are intended to support the design, development, or production of a Category I space launch vehicle system, the certification shall also include a description of the proposed export and rationale for approving such export, including the consistency of such export with United States missile nonproliferation policy. Each numbered certification shall contain an item indicating whether any offset agreement is proposed to be entered into in connection with such letter of offer to sell (if known on the date of transmittal of such certification). A numbered certification transmitted pursuant to subsection
(a)shall be in unclassified form, except that the information specified in paragraphs
(2)and
(3)of section 4381(b) and the details of the description specified in subsections
(b)and
(c)may be classified if the public disclosure thereof would be clearly detrimental to the security of the United States, in which case the information shall be accompanied by a description of the damage to the national security that could be expected to result from public disclosure of the information. The Secretary shall consult with the appropriate congressional committees prior to the notification of a letter of offer, an application to export, or the conclusion of an commercial technical assistance agreement or a manufacturing license agreement. The Secretary shall, upon the request of an appropriate congressional committee, transmit promptly to both such committees a statement setting forth, to the extent specified in such request— a detailed description of the defense articles, defense services, or design and construction services to be offered, including a brief description of the capabilities of any defense article to be offered; an estimate of the number of officers and employees of the United States Government and of United States civilian contract personnel expected to be needed in such country to carry out the proposed sale; the name of each contractor expected to provide the defense article, defense service, or design and construction services proposed to be sold and a description of any offset agreement with respect to such sale; an evaluation, prepared by the Secretary in consultation with the Secretary of Defense and the Director of Central Intelligence, of the manner, if any, in which the proposed sale would— contribute to an arms race; support international terrorism; increase the possibility of an outbreak or escalation of conflict; prejudice the negotiation of any arms controls; adversely affect the arms control or nonproliferation policy of the United States; support blackmarket or greymarket trade in arms, either those transferred or obsolete arms to be replaced by the arms sale; or require the transfer of United States arms sensitive technology or manufacturing techniques as a condition of the arms sale, and the impact of such transfer on the United States manufacturing base, including on jobs based in the United States; the reasons why the foreign country or international organization to which the sale is proposed to be made needs the defense articles, defense services, or design and construction services which are the subject of such sale and a description of how such country or organization intends to use such defense articles, defense services, or design and construction services; an analysis of the impact of the proposed sale on the military stocks and the military preparedness of the United States; the reasons why the proposed sale is in the national interest of the United States; an analysis of the impact of the proposed sale on the military capabilities of the foreign country or international organization to which such sale would be made; an analysis of how the proposed sale would affect the relative military strengths of countries in the region to which the defense articles, defense services, or design and construction services which are the subject of such sale would be delivered and whether other countries in the region have comparable kinds and amounts of defense articles, defense services, or design and construction services; an estimate of the levels of trained personnel and maintenance facilities of the foreign country or international organization to which the sale would be made which are needed and available to utilize effectively the defense articles, defense services, or design and construction services proposed to be sold; an analysis of the extent to which comparable kinds and amounts of defense articles, defense services, or design and construction services are available from other countries; an analysis of the impact of the proposed sale on United States relations with the countries in the region to which the defense articles, defense services, or design and construction services which are the subject of such sale would be delivered; a detailed description of any agreement proposed to be entered into by the United States for the purchase or acquisition by the United States of defense articles, defense services, design and construction services or defense equipment, or other articles, services, or equipment of the foreign country or international organization in connection with, or as consideration for, such letter of offer, including an analysis of the impact of such proposed agreement upon United States business concerns which might otherwise have provided such articles, services, or equipment to the United States, an estimate of the costs to be incurred by the United States in connection with such agreement compared with costs which would otherwise have been incurred, an estimate of the economic impact and unemployment which would result from entering into such proposed agreement, and an analysis of whether such costs and such domestic economic impact justify entering into such proposed agreement; the projected delivery dates of the defense articles, defense services, or design and construction services to be offered; a detailed description of weapons and levels of munitions that may be required as support for the proposed sale; an analysis of the relationship of the proposed sale to projected procurements of the same item, and an analysis, classified if necessary, of the security to be provided by the proposed recipient of the arms sale on the defense articles and defense services, both against external and internal security threats, including espionage.