QUESTION: What remedial measures can the United States take in cases where recipients of U.S.-origin defense articles and equipment have not met end-use requirements?
ANSWER: As a matter of policy, review and monitoring of defense trade is an integral component of ensuring that assistance is delivered in a manner that is consistent with our legal obligations and foreign policy goals. Under the Arms Export Control Act, U.S.-origin defense articles delivered to any recipient nation must be used in the manner intended, as specified in either the foreign military sales Letters of Offer and Acceptance or direct commercial sales licenses. Most importantly, these conditions require full U.S. access to equipment provided to monitor how it is being used.
The U.S. Department of State investigates all potential violations and takes appropriate action depending on the nature and scope of the infraction. As warranted, these options may include increased monitoring, suspension of deliveries of defense items already ordered, or even refusal to allow new orders. In cases where substantial violations involving U.S.-provided articles may have occurred, the Arms Export Control Act requires the President to promptly notify Congress of the violation. Following this notification, the country may be deemed ineligible for continued sales of defense articles – including maintenance services for currently held items – until the President notifies Congress either that the violation has ceased or that termination would adversely impact U.S. interests.