Arms Sales: Congressional Review Process Page: 5 of 10
This report is part of the collection entitled: Congressional Research Service Reports and was provided to UNT Digital Library by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
CRS-2
design and construction services, so long as such sales to these countries do not
include or involve sales to a country outside of this group of nations.
Commercially licensed arms sales also must be formally notified to Congress
30 calendar-days before the export license is issued if they involve the sale of major
defense equipment valued at $14 million or more, or defense articles or services
valued at $50 million or more (Section 36(c) AECA).2 In the case of such sales to
NATO member states, NATO, Japan, Australia, or New Zealand, Congress must be
formally notified 15 calendar-days before the Administration can proceed with such
a sale. However, the prior notice thresholds are higher for sales to NATO members,
Australia, Japan or New Zealand specifically: $25,000,000 for the sale, enhancement
or upgrading of major defense equipment; $100,000,000 for the sale, enhancement
or upgrading of defense articles and defense services, and $300,000,000 for the sale,
enhancement or upgrading of design and construction services, so long as such sales
to these countries do not include or involve sales to a country outside of this group
of nations. Furthermore, commercially licensed arms sales cases involving defense
articles that are firearms controlled under category I of the United States Munitions
List and valued at $1 million or more must also be formally notified to Congress for
review 30 days prior to the license for export being approved (15 days prior notice
is required for proposed licences for sales to NATO members, Australia, Japan or
New Zealand). It has not been the general practice for the Administration to provide
a 20-day "informal" notification to Congress of arms sales proposals that would be
made through the granting of commercial licenses.3
A congressional recess or adjournment does not stop the 30 calendar-day
statutory review period. It should be emphasized that after Congress receives a
statutory notification required under Sections 36(b) or 36(c) of the Arms Export
Control Act, for example, and 30 calendar-days elapse without Congress having
blocked the sale, the executive branch is free to proceed with the sales process. This
fact does not mean necessarily that the executive branch and the prospective arms
purchaser will sign a sales contract and that the items will be transferred on the 31st
day after the statutory notification of the proposal has been made. It would, however,
be legal to do so at that time.
Congressional Disapproval by Joint Resolution
Although Congress has more than one legislative option it can use to block or
modify an arms sale, one option explicitly set out in law for blocking a proposed
2 22 U.S.C. 2776(c).
3 Similar notification requirements and reporting thresholds also apply to prospective re-
transfers of United States-origin major defense equipment, defense articles or defense
services as stipulated in Section 3(d) of the Arms Export Control Act (AECA); commercial
technical assistance or manufacturing licensing agreements (see Section 36(d) AECA), and
leases or loans of defense articles from U.S. Defense Department stocks (see Sections 62
and 63 AECA). As with arms sales, Congress can block any of these reportable transactions
by enacting a joint resolution of disapproval as stipulated in the Arms Export Control Act
(AECA) (see 22 U.S.C. 2753, 2776, 2796).
Upcoming Pages
Here’s what’s next.
Search Inside
This report can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Report.
Grimmett, Richard F. Arms Sales: Congressional Review Process, report, September 12, 2007; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc818611/m1/5/?rotate=90: accessed July 17, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.