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Page : 11 pages
File Size : 22,77 MB
Release : 2005
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In accordance with United States law, the U.S. Government places conditions on the use of defense articles and defense services transferred by it to foreign recipients. Violation of these conditions can lead to the suspension of deliveries or termination of the contracts for such defense items. On occasion, the President has indicated that such violations by foreign countries "may" have occurred, raising the prospect that termination of deliveries to, or imposition of other penalties on, such nations might take place. Section 3(a) of the Arms Export Control Act (AECA) sets the general standards for countries or international organizations to be eligible to receive U.S. defense articles and defense services provided under this act. It also sets express conditions on the uses to which these defense items may be put. Section 4 of the AECA states that U.S. defense articles and defense services shall be sold to friendly countries solely for use in internal security, legitimate self-defense, to enable the recipient to participate in regional or collective arrangements or measures consistent with the Charter of the United Nations, to enable the recipient to participate in collective measures requested by the United Nations for the purpose of maintaining or restoring international peace and security, and to enable the foreign military forces in less developed countries to construct public works and to engage in other activities helpful to the economic and social development of such friendly countries. Should the President determine and report in writing to Congress or if Congress determines through enactment of a joint resolution pursuant to section 3(c)(3)(A) of the AECA that a "substantial violation" by a foreign country of an applicable agreement governing an arms sale has occurred, then that country becomes ineligible for further U.S. military sales under the AECA. Since the major revision of U.S. arms export law in 1976, no substantial violations have occurred.