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House Passes NDAA With Some Trade-Related Measures

The House last week voted 219-210 to pass its version of the FY 2024 National Defense Authorization Act with several trade related provisions and amendments, including one amendment that would prohibit “any form of sanctions relief” for the Taliban “unless explicitly authorized by Congress in subsequent legislation.” Another provision would block the Defense Department from entering into a procurement contract with any person or entity that has “business operations” with the Russian government, while another “exhorts” the Defense Department to “commit resources” to make sure “foreign military sales officers in the Department are fully staffed to support the fulsome review and expedient transfer of defense articles” to Australia and the U.K.

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Another provision would require the U.S. Comptroller General to report on Defense and State departments “procedures related to alleged violations” of end-use monitoring requirements for certain exported goods. The report, which would be due one year after the NDAA is enacted, would include information on those agencies' efforts to “track, report, and investigate” end-use violations, the actions taken in response to those findings, lessons learned related to end-use monitoring for defense items sent to Ukraine and more.

The NDAA didn’t include a range of export control- and sanctions-related provisions that had been offered as amendments, including measures to ease defense technology sharing restrictions, harmonize the Entity List with certain U.S. sanctions and investment restrictions, and place new export control requirements on items destined to China and Iran (see 2307050054).