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New White House Memo Reinforces Arms Transfer Policy

President Joe Biden issued a memorandum requiring the State Department to obtain written assurances that recipients of U.S. foreign military aid will use those weapons in accordance with international humanitarian law.

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National Security Memorandum 20, dated Feb. 8, requires the State and Defense departments to provide annual reports to Congress on implementation of the memorandum. It doesn't apply to strictly defensive systems, such as air defenses, or non-lethal equipment.

The memorandum comes amid growing congressional concern about civilian casualties in Gaza from the Israel-Hamas war. White House Press Secretary Karine Jean-Pierre told reporters Feb. 9 that the memorandum spells out existing standards and does not create new ones, though the annual reports to Congress will be new. She said Israeli officials were briefed on the document and “reiterated their willingness to provide these types of assurances.”

Sen. Jim Risch, R-Idaho, ranking member of the Senate Foreign Relations Committee, criticized the memorandum in a Feb. 9 statement, saying its “burdensome reporting requirements will add layers of red tape and further slow the delivery of security assistance to our partners.” He called the memorandum “anti-Israel,” and said the administration should have consulted Congress before releasing the document.