U.S. Code Title 22. FOREIGN RELATIONS AND INTERCOURSE
Chapter 39. ARMS EXPORT CONTROL
Subchapter III. MILITARY EXPORT CONTROLS
Section 2776. Reports and certifications to Congress on military exports
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(h)Certification requirement relating to Israel's qualitative military edge

(1)In general

Any certification relating to a proposed sale or export of defense articles
or defense services under this section to any country in the Middle East
other than Israel shall include a determination that the sale or export of
the defense articles or defense services will not adversely affect Israel's
qualitative military edge over military threats to Israel.

(2)Requirements with respect to determination for major defense equipment

A determination under paragraph (1) relating to the sale or export of major
defense equipment shall include-

(A) a detailed explanation of Israel's capacity to address the improved
capabilities provided by such sale or export;

(B) a detailed evaluation of-

(i) how such sale or export alters the strategic and tactical balance in the
region, including relative capabilities; and

(ii) Israel's capacity to respond to the improved regional capabilities
provided by such sale or export;

(C) an identification of any specific new capacity, capabilities, or
training that Israel may require to address the regional or country-specific
capabilities provided by such sale or export; and

(D) a description of any additional United States security assurances to
Israel made, or requested to be made, in connection with, or as a result of,
such sale or export.

(3) Qualitative military edge defined

In this subsection, the term "qualitative military edge" means the ability
to counter and defeat any credible conventional military threat from any
individual state or possible coalition of states or from non-state actors,
while sustaining minimal damages and casualties, through the use of superior
military means, possessed in sufficient quantity, including weapons,
command, control, communication, intelligence, surveillance, and
reconnaissance capabilities that in their technical characteristics are
superior in capability to those of such other individual or possible
coalition of states or non-state actors.


(i)Prior notification of shipment of arms

At least 30 days prior to a shipment of defense articles subject to the
requirements of subsection (b) at the joint request of the Chairman and
Ranking Member of the Committee on Foreign Relations of the Senate or the
Committee on Foreign Affairs of the House of Representatives, the President
shall provide notification of such pending shipment, in unclassified form,
with a classified annex as necessary, to the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the House of
Representatives.