In an effort to bolster national security and ensure responsible use of defense articles, the United States government has announced the implementation of new safeguards and accountability measures. These measures aim to regulate the transfer of defense articles and defense services to foreign governments, safeguarding against potential misuse.

Outlined in the National Security Memorandum 18 of February 23, 2023, the policy highlights the importance of supporting foreign partners through appropriate transfers of defense articles by the Department of State and the Department of Defense. The objectives of these transfers include strengthening collective security, promoting international peace and stability, reinforcing respect for human rights, and preventing arms transfers that may contribute to violations of human rights or humanitarian law.

Under the Arms Export Control Act, both the Department of State and the Department of Defense are responsible for implementing end-use monitoring programs. Additionally, the United States seeks to encourage adherence to international law, especially in relation to human rights and humanitarian law, through engagement with foreign partners.

To effectively implement these obligations, the Secretary of State is now required to obtain credible and reliable written assurances from recipient foreign governments that they will use defense articles in accordance with international humanitarian law. Furthermore, assurance is sought that the recipient countries will not impede the transport or delivery of United States humanitarian assistance and efforts in areas of armed conflict.

In order to maintain accountability and oversight, the Secretaries of State and Defense are obligated to provide periodic congressional reports. The reports will address defense articles and defense services provided by the Departments of State and Defense, including assessments of any credible reports of misuse and noncompliance with international law. The reports will also evaluate efforts to mitigate civilian harm and incorporate best practices into security assistance programs.

Importantly, the memorandum highlights that the transfer pause of defense articles and services will be enforced if credible assurances are not obtained within specified timeframes. This measure is set to apply to defense articles funded with congressional appropriations under the security assistance and cooperation authorities.

While air defense systems, non-lethal defense articles and services, and transfers strictly for the operational needs of the Department of Defense are exempt from these new measures, the policy will apply in other applicable cases.

The implementation of these safeguards and accountability measures signifies the United States' commitment to promoting responsible use, adherence to international law, and the protection of human rights. The periodic congressional reports will ensure an ongoing evaluation and transparency in the execution of these measures.