Sec. 201. Suspension and reform of arms sales
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The United States Government may not license, approve, facilitate, or otherwise allow the sale, lease, transfer, retransfer, or delivery of defense articles or defense services to Egypt under section 38(a)(1) of the Arms Export Control Act ( 22 U.S.C. 2778(a)(1) ) until 15 days after the Secretary of State submits to the appropriate congressional committees a certification that— providing such assistance is in the national security interests of the United States; and the Government of Egypt— continues to implement the Peace Treaty between the State of Israel and the Arab Republic of Egypt, signed at Washington, March 26, 1979; is taking necessary and appropriate measures to counter terrorism, including measures to counter smuggling into the Gaza Strip by, among other measures, detecting and destroying tunnels between Egypt and the Gaza Strip and securing the Sinai peninsula; is allowing the United States Armed Forces to transit the territory of Egypt, including through the airspace and territorial waters of Egypt; is supporting a transition to an inclusive civilian government by demonstrating a commitment to, and making consistent progress toward, holding regular, credible elections that are free, fair, and consistent with internationally accepted standards; is respecting and protecting the political and economic freedoms of all residents of Egypt, including taking measures to address violence against women and religious minorities; is respecting freedom of expression and due process of law, including respecting the rights of women and religious minorities; and has continued to abide by its nuclear non-proliferation commitments as a signatory of the Treaty on the Non-Proliferation of Nuclear Weapons, done at London, Moscow, and Washington July 1, 1968, has not detonated a nuclear explosive device, and is not in material violation of IAEA safeguards.
The limitation under subsection
(a)shall not apply to defense articles and defense services to be used primarily for supporting or enabling counterterrorism, border and maritime security, or special operations capabilities or operations. The President may waive the restrictions in subsection
(a)for a 180-day period if, not later than 15 days before the waiver takes effect, the President— certifies to the appropriate congressional committees that providing such assistance is in the vital national security interests of the United States; provides to such committees a report detailing the reasons for making the determination that such assistance is in the vital national security interests of the United States; and submits to such committees an analysis of the degree to which providing such assistance is in the national security interests of the United States and the actions of the Government of Egypt do or do not satisfy each of the criteria contained in subparagraphs
(A)through
(G)of subsection (a)(2). The President may extend the effective period of a waiver under paragraph
(1)for the remainder of fiscal year 2014 and an additional fiscal year if the Secretary of State submits the strategy required in subsection
(d)to the appropriate congressional committees and, not later than 15 days before the waiver expires, the President submits to the appropriate congressional committees an updated certification, report, and analysis that meet the requirements of subparagraphs (A), (B), and (C), respectively, of paragraph (1). The President may annually extend the effective period of a waiver under paragraph (2)(A) for an additional fiscal year if, not later than 15 days before the prior year waiver expires, the President submits to the appropriate congressional committees an updated certification, report, and analysis that meet the requirements of subparagraphs (A), (B), and (C), respectively, of paragraph (1). Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a comprehensive strategy for modernizing and improving United States security cooperation with, and assistance for Egypt. The strategy shall seek to— enhance the ability of the Government of Egypt to detect, disrupt, dismantle, and defeat al Qaeda, its affiliated groups, and other terrorist organizations operating in Egypt, and to counter terrorist ideology and radicalization in Egypt; improve the capacity of the Government of Egypt to prevent human trafficking and the illicit movement of terrorists, criminals, weapons, and other dangerous material across Egypt’s borders or administrative boundaries, especially through illicit points of entry into the Gaza Strip; improve the Government of Egypt’s operational capabilities in counterinsurgency, counterterrorism, and border and maritime security; enhance the capacity of the Government of Egypt to gather, integrate, analyze, and share intelligence, especially with respect to the threat posed by terrorism and other illicit activity, while also ensuring a proper protection for the civil liberties of Egypt’s citizens; and increase transparency, accountability to civilian authority, respect for human rights, and the rule of law within the armed forces of Egypt. The strategy required under paragraph
(1)shall include the following elements: A detailed assessment of the mechanism by which military assistance is provided to Egypt and whether such mechanism should be modified. A detailed summary of the current balance between the levels of economic and military support provided to Egypt, including an assessment of whether funding for economic development and political assistance programs should be increased as a percentage of overall United States foreign assistance to Egypt, and an assessment of whether there should be an increased percentage of foreign military assistance focused on counterinsurgency, counterterrorism, border and maritime security and related training. A process to assess whether current levels of economic and military support provided to Egypt are achieving United States national security objectives and supporting Egypt’s transition to democracy. An estimated schedule for completing the baseline conventional modernization of the armed forces of Egypt with United States-origin equipment. An assessment of the extent to which the Government of Egypt is— implementing the 1979 Egypt-Israel Peace Treaty; taking effective steps to combat terrorism on the Sinai Peninsula; and taking effective steps to eliminate smuggling networks and to detect and destroy tunnels between Egypt and the Gaza Strip. An assessment of the abilities of the United States Government to achieve the goals set forth in the strategy if defense articles and services to Egypt are withheld. In developing the strategy required under paragraph (1), the Secretary of State shall consult with, among other relevant parties, the appropriate congressional committees and the Government of Egypt. The Secretary of State shall submit with the strategy required under paragraph
(1)a report containing— a summary of all contracts with the Government of Egypt funded through United States assistance over the prior 10 years and a projection of such contracts over the next 5 years; and information on any contracts or purchases made by the Government of Egypt using interest earned from amounts in an interest-bearing account for Egypt related to funds made available under section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ) and whether the use of this interest has furthered the goals described in this section.
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