{ "id": "R46337", "type": "CRS Report", "typeId": "R", "number": "R46337", "active": true, "source": "CRSReports.Congress.gov, EveryCRSReport.com", "versions": [ { "source_dir": "crsreports.congress.gov", "title": "Transfer of Defense Articles: U.S. Sale and Export of U.S.-Made Arms to Foreign Entities", "retrieved": "2023-04-14T04:03:20.739149", "id": "R46337_3_2023-03-23", "formats": [ { "filename": "files/2023-03-23_R46337_7ac3149992ef2fc468c1aa3371f3cdfc07b9771d.pdf", "format": "PDF", "url": "https://crsreports.congress.gov/product/pdf/R/R46337/3", "sha1": "7ac3149992ef2fc468c1aa3371f3cdfc07b9771d" }, { "format": "HTML", "filename": "files/2023-03-23_R46337_7ac3149992ef2fc468c1aa3371f3cdfc07b9771d.html" } ], "date": "2023-03-23", "summary": null, "source": "CRSReports.Congress.gov", "typeId": "R", "active": true, "sourceLink": "https://crsreports.congress.gov/product/details?prodcode=R46337", "type": "CRS Report" }, { "source": "EveryCRSReport.com", "id": 623319, "date": "2020-04-30", "retrieved": "2020-04-30T22:13:18.206787", "title": "Transfer of Defense Articles: Sale and Export of U.S.-Made Arms to Foreign Entities", "summary": "The sale and export of U.S.-origin weapons to foreign countries (\u201cdefense articles and defense services,\u201d officially) are governed by an extensive set of laws, regulations, policies, and procedures. Congress has authorized such sales under two laws:\nThe Foreign Assistance Act (FAA) of 1961, 22 U.S.C. \u00a72151, et seq.\nThe Arms Export Control Act (AECA) of 1976, 22 U.S.C. \u00a72751, et seq.\nThe FAA and AECA govern all transfers of U.S.-origin defense articles and services, whether they are commercial sales, government-to-government sales, or security assistance/security cooperation grants (or building partnership capacity programs provided by U.S. military personnel). These measures can be provided by Title 22 (Foreign Relations) or Title 10 (Armed Services) authorities. Arms sold or transferred under these authorities are regulated by the International Traffic in Arms Regulations (ITAR) and the U.S. Munitions List (USML), which are located in Title 22, Parts 120-130 of the Code of Federal Regulations (CFR).\nThe two main methods for the sale and export of U.S.-made weapons are the Foreign Military Sales (FMS) program and Direct Commercial Sales (DCS) licenses. Some other arms sales occur from current Department of Defense (DOD) stocks through Excess Defense Articles (EDA) provisions. \nFor FMS, the U.S. government procures defense articles as an intermediary for foreign partners\u2019 acquisition of defense articles and defense services, which ensures that the articles have the same benefits and protections that apply to the U.S. military\u2019s acquisition of its own articles and services. \nFor DCS, registered U.S. firms may sell defense articles directly to foreign partners though licenses and agreements received from the Department of State. Firms are still required to obtain State Department approval, and for major sales DOD review and congressional notification is required. In some cases where U.S. firms have entered into international partnerships to produce some major weapons systems, comprehensive export regulations under 22 CFR 126.14 are intended to allow exports and technical data for those systems without having to go through the licensing process.\nCongress has amended the FAA and AECA to restrict arms sales to foreign entities for a variety of reasons. These include restrictions on transfers to countries that violate human rights and states that support terrorism, as well as limitations on specific countries at certain times, such as any Middle East countries whose import of U.S. arms would adversely affect Israel\u2019s qualitative military edge. Arms transfers to Taiwan are governed under the Taiwan Relations Act of 1979, P.L. 96-8, 22 U.S.C. \u00a7 3301 et seq. Under the AECA, Congress can also overturn individual notified arms sales via a joint resolution. During the 116th Congress, such joint resolutions were introduced in opposition to planned arms sales to Saudi Arabia, but did not pass.\nAll U.S. defense articles and defense services sold, leased, or exported under the AECA are subject to end-use monitoring (to provide reasonable assurance that the recipient is complying with the requirements imposed by the U.S. government with respect to use, transfers, and security of the articles and services) to be conducted by the President (Section 40A of the AECA) to ensure compliance with U.S. arms export rules and policies. FMS transfers are monitored under DOD\u2019s Golden Sentry program and DCS transfers are monitored under the State Department\u2019s Blue Lantern program.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/R46337", "sha1": "9e354d94e923c8f1ee99f65f99af89c56ded0428", "filename": "files/20200430_R46337_9e354d94e923c8f1ee99f65f99af89c56ded0428.html", "images": { "/products/Getimages/?directory=R/html/R46337_files&id=/0.png": "files/20200430_R46337_images_257c7f21ce1ead5802411a55004bd2905c089c1b.png", "/products/Getimages/?directory=R/html/R46337_files&id=/1.png": "files/20200430_R46337_images_5f5d5864ad4e0df2788b1e8fd62f827b914dcc7b.png" } }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/R46337", "sha1": "c879b5c937bf03d081f21a9209e41de5bb04ae1b", "filename": "files/20200430_R46337_c879b5c937bf03d081f21a9209e41de5bb04ae1b.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4748, "name": "Security Assistance, Security Cooperation, & Arms Exports" }, { "source": "IBCList", "id": 4757, "name": "Foreign Assistance" } ] } ], "topics": [ "Foreign Affairs", "Intelligence and National Security", "National Defense" ] }