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Senator’s Proposed NDAA Amendments Include Export Control, Sanctions Measures

Sen. Bob Menendez, D-N.J., last week announced his proposed amendments to the Senate’s version of the FY 2024 National Defense Authorization Act, including several trade and sanctions-related bills.

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One amendment would prohibit the U.S. from issuing new export licenses for military equipment shipments to Azerbaijan until the president certifies that country has “ended offensive use of force against” certain regions, including Armenia. “Amidst Azerbaijan’s ongoing aggression, consideration of this type of export is unacceptable,” said Menendez, chair of the Senate Foreign Relations Committee. “It is time to remove ambiguity from the equation, and make it clear that these types of exports are not allowed while Azerbaijan’s aggressive behavior continues.”

Another amendment would authorize the president to waive certain limits on defense exports to Cyprus for three fiscal years. The State Department currently waives certain export restrictions for Cyprus under a temporary measure that is renewed annually (see 2211210028), but Menendez said the measure should be extended for a longer time frame. “As Cyprus has met the requirements to receive such defense articles, this amendment will allow for longer term planning, and ultimately improve security coordination between the United States and the Republic of Cyprus and hopefully other regional allies and partners in the future,” he said.

Other amendments could lead to stronger sanctions. One includes the text of the Strengthening Sanctions on Fentanyl Traffickers Act, which would make sure Chinese pharmaceutical companies responsible for trafficking fentanyl and fentanyl precursors are “prioritized for targeted sanctions.” It would also codify certain sanctions against major Mexican cartels that traffic in fentanyl and other illegal drugs.

Another amendment would require the State Department to report to Congress on relationships between Haitian criminal gangs and the country’s political and economic elites. The amendment, which would include the text of the Haiti Criminal Collusion Transparency Act (see 2302140049), would require “targeted sanctions” against both the gangs and the “elites.”