All countries that buy defense products from the US must apply international law
Biden: National security memorandum signed: All countries that buy defense products from the US must apply international law
President Biden released a national security memo that includes guarantees that all countries that buy defense materials from the United States must ensure and also strengthen controls on the end use of these weapons. Accordingly, it is now US policy that any country purchasing defense materials or defense services from the US must apply international law. The memo came after pressure from Democratic lawmakers on defense supplies to Israel, but will have broader applications.
For the first time since the memorandum’s entry into force, the US government must submit an annual report to Congress on whether countries receiving US defense equipment are meeting the conditions set out in the procurement process. During the procurement process, the State Department will obtain a written assurance from the receiving country that it will comply with US conditions. If the State Department and the Pentagon decide that the assurances will not be met, the two secretaries will submit a report to the US president within 45 days outlining next steps to resolve the situation. In this context, various options are being considered, ranging from the renewal of guarantees to the suspension of further transfers of defense materials.
According to a memorandum signed by US President Joe Biden on Friday:
“Providing adequate safeguards and accountability for foreign defense sales is critical. Under the Arms Export Control Act, both the State and Defense Departments operate end-use tracking programs. The United States always seeks to promote respect for international law and encourages other nations and partners to do the same.
To effectively meet its obligations under United States law, the United States must understand how foreign partners comply with international law, including, as appropriate, international human rights law and international humanitarian law. The United States expects that United States partners will comply with international humanitarian law when evaluating the legality of United States military assistance and joint operations with military partners.
To effectively meet its obligations under United States law, the United States must understand how foreign partners comply with international law, including, as appropriate, international human rights law and international humanitarian law. The United States expects that United States partners will comply with international humanitarian law when evaluating the legality of United States military assistance and joint operations with military partners.
For these reasons, I am issuing this memorandum requiring the Secretary of State to obtain credible written assurances from foreign governments that receive defense materials and, where appropriate, defense services, from the Departments of State and the Departments of Defense, and requiring the State Department and the Pentagon to submit periodic reports to Congress on effective oversight. to ensure In addition to the requirements of this memorandum, the Secretary of State and the Secretary of Defense are responsible for all purchases of defense equipment and defense services by the Departments of State and the Departments of Defense under the Security Cooperation or Assistance Agency. Comply with all applicable international and domestic laws and policies, including international humanitarian law and international human rights law.
The policy described in this memorandum will apply in the future to any defense supplies by the Departments of State or Defense to foreign governments. Before the Foreign Office or the Ministry of Defense makes such defense material available to the receiving country, and as the case may be, the Secretary of State must:
obtain credible written assurances from the representative of the receiving country that it will use any such defense material in accordance with international humanitarian law and, where appropriate, other international law.
In any armed conflict in which the recipient country uses such defense materials, it shall, in accordance with international law, facilitate and not arbitrarily deny, restrict, or otherwise impede, directly or indirectly, the transfer or delivery of United States humanitarian assistance.
If the Secretary of State or the Secretary of Defense determines that the reliability of the assurances provided by the beneficiary country is questionable and requires review, both Secretaries must report to the President within 45 days and indicate the appropriate next steps that are required. should be taken to assess the situation or its permissions. This response can range from renewing guarantees to suspending further transfers of defense goods or, where appropriate, defense services.
Not later than 90 days after the date of this memorandum and each fiscal year thereafter, the Secretary of State and the Secretary of Defense shall report to the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations; the Foreign Relations Committee, the Armed Services Committee, and the House Appropriations Committee. The written report shall include, among other things, an assessment of any credible report or allegation that such defense materials and, where appropriate, defense services have been used in a manner inconsistent with international law.”
