Sec. 7. Certification requirements relating to certain munitions exports
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Except as provided in paragraph (2), no covered munition may be transferred to the government of a covered country, or any other organization, citizen, or resident of such covered country, until the Secretary of State submits to the appropriate congressional committees a certification that the program required under subsection
(c)has been established. During the 1-year period beginning on the effective date described in subsection (d), the Secretary of State may waive the certification requirement under paragraph
(1)with respect to the transfer of a covered munition to the government of a country described in paragraph
(1)if the Secretary— certifies to the appropriate congressional committees that such waiver is in the national security interest of the United States; and includes a written justification with such certification. Not later than 3 years after the date of the submission of the certification pursuant to subsection
(a)for a covered country, and annually thereafter until such time as the designation of such country is terminated pursuant to section 6(d), the Secretary of State shall review, and submit to the appropriate congressional committees a recertification of, such certification. If the Secretary of State is unable to recertify a covered country as required under paragraph (1), no covered munition may be transferred to the government of the covered country, or any other organization, citizen, or resident of such covered country, until the date on which the Secretary is able to so recertify. The Secretary of State shall establish and carry out a program under which the Secretary shall prohibit the retransfer of covered munitions transferred to covered countries without the consent of the United States and provide for the registration and end-use monitoring of such covered munitions in accordance with the requirements described in paragraph (2). The Secretary shall maintain a detailed record of the origin, shipping, and distribution of covered munitions transferred to covered countries. The Secretary shall register the serial numbers of all covered munitions, which shall be provided to the governments of covered countries and other organizations, citizens, and residents within such covered countries. The Secretary shall carry out a program for the end-use monitoring of covered munitions transferred to the entities and individuals described in subparagraph (B). In prohibiting the retransfer of covered munitions without the consent of the United States pursuant to the program established pursuant to paragraph (1), the Secretary of State, in consultation with the Secretary of Commerce, shall— review the database of the Department of State that stores records relating to vetting conducted pursuant to section 620M of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2378d ) or section 362 of title 10, United States Code, known as the International Vetting and Security Tracking-cloud system or INVEST system (or any successor database), for any such records relating to the prospective recipients of such retransfer; and ensure that such consent is not granted for any such prospective recipient who the Secretary of State determines, taking into account the review under subparagraph (A), is credibly implicated in a gross violation of internationally recognized human rights. In carrying out the program established pursuant to paragraph (1), the Secretary of State shall— ensure that any data received pursuant to such program is stored and maintained in a database of the Department of State; and to the extent practicable, provide for the sharing of such data with the Secretary of Commerce and the heads of such other Federal departments or agencies as the Secretary of State may determine relevant. This section shall take effect on the date that is 1 year after the date on which the Secretary of Commerce completes the transfer of the control over the export of previously covered items to the jurisdiction of the Department of State pursuant to section 4(a).
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Sec. 7
Certification requirements relating to certain munitions exports
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