Arms Trade

July 8, 1999
Full Code of Conduct Introduced in House

The annual introduction of the Arms Transfer Code of Conduct occurred on June 17, 1999 when House Resolution (H.R.) 2269 was introduced by Representative Cynthia McKinney (D-GA). This years version of the Code enjoys bi-partisan support, as evidenced by the Resolution's 65 co-sponsors. H.R. 2269 closely mirrors the resolution introduced by Representative McKinney last year.

Known as the "Code of Conduct on Arms Transfers Act of 1999," the Resolution specifies conditions countries have to meet to be eligible to receive U.S. military assistance and arms. Military assistance and arms transfers as defined in the resolution include assistance relating to international military education and training (as defined by the Foreign Assistance Act of 1961), as well as the transfer of excess defense articles, and the transfer of defense articles, defense services, or design and construction services under the Arms Export Control Act.

As in previous years, the Code of Conduct would prohibit military assistance and arms transfers to countries that do no promote democracy, do not respect human rights, are engaged in acts of armed aggression, and do not fully participate in the UN Register of Conventional Arms. The resolution allows presidential exemptions based on either a U.S. national security interest or a determination that an emergency exists requiring the United States to transfer arms or provide military assistance. To that end, the Administration would be required to compile annually a list of countries not meeting these requirements for military assistance and arms transfers and make the list available to Congress and the international community.

Further H.R. 2269 also requires the President to promote an international arms transfer control regime by notifying the governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies if countries are ineligible to receive U.S. arms and military assistance. In addition, the President is required to "request that the countries so notified also declare the listed countries as ineligible for arm sales and military assistance." To further encourage responsible arms export practices, H.R. 2269 states that the "President shall continue and expand efforts through the United Nations and other international fora, such as the Wassenaar Arrangement, to limit arms transfers worldwide, particularly transfers to countries that do not meet the criteria established [in the resolution], for the purpose of establishing a permanent multilateral regime to govern the transfer of conventional arms."

Finally, H.R. 2269 requires the President to annually report to Congress "efforts he has undertaken during the preceding year to gain international acceptance of the principles contained [in the resolution], and [evaluates] the progress made toward establishing a multilateral regime to control the transfer of conventional arms."

Earlier this year, a partial version of the Code was introduced to the House Floor as H.R. 1211 as the International Arms Sales Code of Conduct in the chairman's mark of the State Department Authorization bill for FY 2000, as part of a compromise between Representative Sam Gedjenson (D-CT) and Representative McKinney. The "Gedjenson Code" was also introduced on the Security Assistance Act in the House, and was passed by the full house. Currently, H.R. 1211 is being revised by Committee Chairman Benjamin Gilman (R-NY), and it is anticipated that it will go to the house floor later this summer as part of the Foreign Relations Authorization. On the Senate Side, Senator Patrick Leahy (D-VT) introduced the "Gedjenson Code" language on the Senate Foreign Operations Appropriations Act (S. 1234), which passed on a voice vote, but was unable to get the full Code passed in the Senate.

 
Author(s): Rachel Stohl