Biden Administration Requires Compliance Assurances From Foreign Governments Receiving U.S. Defense Articles

On February 8, the White House released the National Security Memorandum on Safeguards and Accountability With Respect to Transferred Defense Articles and Defense Services (NSM-20), which highlights the Biden administration's focus on arms transfers to U.S. allies and how such weapons are to be used. Among other things, NSM-20 requires the U.S. Secretary of State to "obtain credible and reliable written assurances" from foreign governments that U.S. defense articles and defense services to be supplied are used in accordance with international and humanitarian law.

This assurance requirement applies to defense articles supplied for and paid through congressional appropriations under their respective security assistance and security cooperation authorities, including with Foreign Military Financing and Ukraine Security Assistance Initiative funds. The requirement also can apply to defense services as determined by the Secretary of State or the Secretary of Defense.