Hirono, Colleagues Welcome New National Security Memorandum to Ensure U.S. Security Assistance is Used in Line with International Law

WASHINGTON, DC – Senator Mazie K. Hirono (D-HI) joined her colleagues in welcoming a new National Security Memorandum (NSM) released by the Biden Administration Thursday aimed at ensuring all U.S. security assistance is used in line with international law, including international humanitarian law. The NSM is modeled off of the Senators’ amendment to ensure U.S. security assistance is used in line with international law.

“When the U.S. gives aid to other countries, the hope and expectation has been that that aid will be used in ways that comport with American values and international law,” said Senator Hirono. “With strong reporting and enforcement mechanisms, the President’s National Security Memorandum enshrines that expectation as official U.S. policy. I thank Senator Van Hollen for his leadership and President Biden for his responsiveness in this effort.”

Following the intent of the amendment, the NSM also requires that prior to the transfer of U.S. security assistance, recipient countries must provide the U.S. with credible and reliable written assurances that they will facilitate and not arbitrarily deny or restrict U.S. humanitarian assistance and U.S-supported international efforts to provide humanitarian assistance in areas of conflict. And, also in line with the Senator’s amendment, the NSM creates robust reporting requirements to Congress on these provisions and additional assessments of compliance with U.S. laws and policies.

The amendment, led by Senators Chris Van Hollen (D-MD), Dick Durbin (D-IL), Tim Kaine (D-VA), and Brian Schatz (D-HI), was also supported by Senators Elizabeth Warren (D-MA), Jeff Merkley (D-OR), Peter Welch (D-VT), Martin Heinrich (D-NM), Tom Carper (D-DE), Ben Ray Luján (D-NM), Bernie Sanders (I-VT), Ed Markey (D-MA), Tina Smith (D-MN), Raphael Warnock (D-GA), Laphonza Butler (D-CA), Tammy Baldwin (D-WI), Jon Ossoff (D-GA), and Chris Murphy (D-CT).

Specifically, the National Security Memorandum:

1. Requires that prior to the transfer of U.S. security assistance, recipient countries must provide the U.S. with credible and reliable written assurances that:
• they will comply with international humanitarian law and other applicable international law; and
• that they will facilitate and not arbitrarily deny or restrict U.S. humanitarian assistance and U.S-supported international efforts to provide humanitarian assistance in areas of conflict where U.S. weapons are being used
2. Requires that the State Department and Defense Department send a report to Congress within 90 days on the use of U.S. weapons in areas of armed conflict since January 2023 and subsequent reports annually thereafter, including:
• an assessment of whether weapons have been used in a manner inconsistent with international humanitarian law, and other applicable international law;
• an assessment and analysis of any credible reports indicating that U.S.-funded weapons have been used in a manner inconsistent with established best practices for preventing civilian harm, including the Defense Department’s Civilian Harm Mitigation and Response Action Plan;
• a description of any known occurrences of U.S. weapons not being received by the intended recipient or being misused for unintended purposes, and a description of any remedies taken; and
• an assessment and analysis of each foreign government’s adherence to assurances they have provided regarding U.S.-supported humanitarian efforts and compliance with the Humanitarian Aid Corridor Act (Sec. 620I(c) of the Foreign Assistance Act of 1961)
3. Creates an enforcement mechanism to ensure that, if a country violates any of these assurances, there is a process to hold such country accountable, including by potentially suspending any further transfers of defense articles or defense services.
4. Clarifies that these requirements do not apply to air defense systems or other defense articles used for strictly defensive or non-lethal purposes.

A one-pager on the NSM is available here.

###