Sec. 6. Enhancement of congressional oversight of human rights in arms exports
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Any letter of offer to sell, or any application for a license to export or transfer, defense articles or defense services controlled for export shall be subject to the congressional review and disapproval requirements, regardless of monetary value, of section 36 of the Arms Export Control Act ( 22 U.S.C. 2776 ) if the Secretary of State has credible information, with respect to a country to which the defense articles or defense services are proposed to be sold, exported, or transferred, that— the government of such country on or after the date of enactment of this Act has been deposed by a coup d’etat or decree in which the military played a decisive role, and a democratically elected government has not taken office subsequent to the coup or decree; or a unit of the security forces of the government of such country— has violated international humanitarian law and has not been credibly investigated and subjected to a credible and transparent judicial process addressing such allegation; or has committed a gross violation of human rights, and has not been credibly investigated and subjected to a credible and transparent judicial process addressing such allegation, including, inter alia— torture or rape; ethnic cleansing of civilians; recruitment or use of child soldiers; unjust or wrongful detention; the operation of, or effective control or direction over, secret detention facilities; or extrajudicial killings, whether by military, police, or other security forces.
The Secretary of State shall also provide to the appropriate congressional committees the report described in section 502B(c) of the Foreign Assistance Act ( 22 U.S.C. 2304(c) ) biannually for the period of time specified in subsection
(c)of this section regarding any country covered under subsection (a). With respect to a letter of offer to sell or an application for a license to sell, export, or transfer described in subsection (a), the letter or application shall be subject to the requirements and procedures for congressional review and disapproval under section 36 of the Arms Export Control Act ( 22 U.S.C. 2776 ) for 2 years after the date on which the Secretary of State receives the information described in subsection (a). With respect to such a letter or application, the enhanced congressional oversight under subsection
(a)and paragraph
(1)of this subsection shall terminate on the date on which the Secretary of State determines and so informs the appropriate congressional committees that— the credible information described in subsection (a)(2) is inaccurate; or the activity has ceased, and the government of the applicable country has taken appropriate steps to ensure that such activity does not recur, including appropriate punishment for the person or persons involved in such activity. The Secretary of State shall submit to the appropriate congressional committees all information forming the basis for a determination under subparagraph (A). The determination shall, to the fullest extent possible, be unclassified, but may include a classified annex.
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Sec. 6
Enhancement of congressional oversight of human rights in arms exports
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