Sec. 5. Protection of human rights in the sale, export, and transfer of defense articles and defense services to Saudi Arabia
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Not later than 30 days before any letter of offer to sell a defense article or defense service controlled for export to Saudi Arabia is concluded, or any license to export or transfer such an article or service to Saudi Arabia is authorized, the Secretary of State shall transmit to the appropriate congressional committees the following: An assessment by the Secretary of the risk that the article or service will be used in the commission of violations of international humanitarian law or internationally recognized human rights.
A certification that the Government of Saudi Arabia has provided a written commitment not to use such article or service in the commission, or to enable the commission, of a violation of international humanitarian law or internationally recognized human rights. A certification that an effective end-use monitoring program will be instituted to ensure that such article or service is not used to violate international humanitarian law or internationally recognized human rights. A certification that the United States Government has secured the legal right to require the return of any United States-origin defense article sold, exported, or transferred to Saudi Arabia if the article has been used in the commission, or has enabled the commission, of a violation of international humanitarian law or internationally recognized human rights.
On a biannual basis, the Secretary shall submit to the appropriate congressional committees a report on the results of the end-use monitoring program described in paragraph (1)(C). No export license may be issued and no letter of offer may be concluded by the United States Government for the provision of services for military, paramilitary, security, or intelligence-gathering activities to Saudi Arabia. The restriction under paragraph
(1)shall not apply to the provision, under the supervision and monitoring of United States Government personnel, of logistics, supply, repair, support, or training services associated with the lawful export of defense articles, or training in support of those services, upon certification by the Secretary of State to the appropriate committees of Congress that such services will not be used in the surveillance or harassment of activists, critics of the Government of Saudi Arabia, journalists, bloggers, lawyers, and religious figures in Saudi Arabia. Beginning not later than 45 days after the date of the enactment of this Act, and thereafter on a quarterly basis, the Secretary shall— verify whether any defense services provided pursuant to export licenses or other authorizations are enabling the provision of services described in paragraph (1); and submit to the appropriate congressional committees a report on the results of such verification. In this section: The term appropriate congressional committees means— the Committee on Foreign Relations and the Committee on Finance of the Senate; and the Committee on Foreign Affairs and the Committee on Ways and Means of the House of Representatives. The terms defense article and defense service have the meanings given those terms in section 47 of the Arms Export Control Act ( 22 U.S.C. 2794 ).
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Sec. 5
Protection of human rights in the sale, export, and transfer of defense articles and defense services to Saudi Arabia
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