Sec. 3. Modifications to Arms Export Control Act and other authorities
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Section 38 of the Arms Export Control Act of 1976 ( 22 U.S.C. 2778 ) is amended by adding at the end the following new subsection: Subject to paragraph
(2)and notwithstanding any other provision of this section, the President, acting through the Secretary of State, may exempt from the licensing or other approval requirements of this section exports and transfers (including reexports, retransfers, temporary imports, and brokering activities) of defense items with respect to one or more countries. The Secretary of State may only exercise the authority under paragraph
(1)after the Secretary submits to Congress a certification that the applicable country has implemented standards for a systems of export controls— that satisfies the elements of subsection (j)(2)(A) with respect to defense items; and that are at least comparable to those administered by the United States with respect to the provision of military training. Paragraphs
(1)through
(3)of section 3(d) shall not apply to transfers (including transfers of United States Government sales or grants, or commercial exports authorized under this Act) with respect to which the requirements of this section are exempted pursuant to paragraph (1). The Secretary of State shall require any person transferring a defense item between or among the United States and another country that would be subject to the licensing requirements of paragraphs
(1)through
(3)of section 3(d) but for the application of paragraph
(3)of this subsection to report that transfer to the Secretary not later than 90 days after the transfer occurs. . The Secretary of State, acting through authority delegated by the President to carry out periodic reviews of items on the United States Munitions List under section 38(f) of the Arms Export Control Act ( 22 U.S.C. 2778(f) ) and in coordination with the Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, and the Director of the Office of Management and Budget, shall carry out such reviews not less frequently than every 3 years. The periodic reviews described in paragraph
(1)shall focus on matters including— interagency resources to address current threats faced by the United States; the evolving technological and economic landscape; the widespread availability of certain technologies and items on the United States Munitions List; and risks of misuse of United States-origin defense articles. The Department of State may consult with the Defense Trade Advisory Group and other interested parties, including nontraditional defense contractors, in conducting the periodic review described in paragraph (1).
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Sec. 3
Modifications to Arms Export Control Act and other authorities
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