Sec. 203. Requirements relating to transfers of defense articles and defense services to the Russian Federation
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It is the policy of the United States to oppose the transfer of defense articles and defense services from any country that is a member of the North Atlantic Treaty Organization
(NATO)to, or on behalf of, the Russian Federation, during any period in which the Russian Federation forcibly occupies the territory of Ukraine or of a NATO member country. The President shall use the voice, vote, and influence of the United States in NATO to seek the adoption of a policy by NATO that is consistent with the policy of the United States specified in subsection (a). The President shall direct the heads of the appropriate departments and agencies of the United States to monitor all transfers of defense articles and defense services from NATO member countries to the Russian Federation and identify those transfers that are contrary to the policy of the United States specified in subsection (a). The President shall submit a written report to the chairmen and ranking members of the appropriate committees of Congress within 5 days of the receipt of information indicating that a transfer described in paragraph
(1)has occurred. The report required under subparagraph
(A)shall be submitted in unclassified form but may include a classified annex. If a NATO member country transfers, or allows a transfer by a person subject to its national jurisdiction of, a defense article or defense service on or after the date of the enactment of this Act that is intended for a military end-use or end-user and which makes a significant contribution to the military capabilities of the Russian Federation in contravention of the policy of the United States specified in subsection
(a)and is identified pursuant to subsection (c), an application for a license or other authorization required under the Arms Export Control Act for the transfer of any defense article or defense service to, or on behalf of, that NATO member country shall be subject to a presumption of denial. A presumption of denial shall apply to an application for a license or other authorization under paragraph
(1)only during a period in which the President determines that the Russian Federation has forcibly occupied the territory of Ukraine or of a NATO member country. The President may waive the restriction on the transfer of any defense article or defense service to, or on behalf of, a NATO member country in paragraph
(1)if the President— determines that the waiver is in the national security interest of the United States; and submits to the appropriate committees of Congress a report on the determination and the reasons for the determination. Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall amend the International Trafficking in Arms Regulations for purposes of implementing this subsection. In this section: The term appropriate committees of Congress means— the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate. The terms defense article and defense service have the meanings given such terms in section 47 of the Arms Export Control Act ( 22 U.S.C. 2794 note).
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Sec. 203
Requirements relating to transfers of defense articles and defense services to the Russian Federation
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