Key Provisions on the Armenia-Azerbaijan Conflict in Biden's Signed Law

The White House has reported that the law signed by U.S. President Joe Biden on December 27, 2022, regarding the fiscal year 2022 "National Defense Authorization Act" contains important provisions related to the Armenia-Azerbaijan conflict. This includes a mandate for the conflicting parties to adhere to the commitments made under the November 9, 2020 agreement and international law, which includes the immediate release of prisoners and all detained civilians.

Section 1302 of the law presents a report on the Armenia-Azerbaijan conflict: "Not later than 180 days after the enactment of this Act, the Secretary of Defense, in consultation with other federal agencies and leaders, shall submit to the appropriate committees of Congress a report on the 2020 conflict between Armenia and Azerbaijan." The report must include an assessment of the military systems or controlled technological means used by the United States during the 2020 conflict, including information about the production of such means. It also requires a description of the actions and influences of foreign actors during the conflict, including military activities, foreign military sales, and diplomatic engagement by foreign countries, as well as any recruitment of foreign fighters or military organizations by the parties involved in the conflict or foreign actors. The description provided must include classified annexes if necessary.

The report should also account for any violations of the November 9, 2020 agreement, including regarding prisoners of war or captured civilians, and any other issues deemed necessary by the Secretary.

The positions of Congress have also been published. Congress believes that the conflicting parties must adhere to the commitments made under the November 9, 2020 agreement and international law, which includes the immediate release of prisoners and all detained civilians. The conflicting parties should refrain from using force and threats to achieve diplomatic objectives.

"The United States must collaborate with the parties to the conflict, doubling the efforts of the Minsk Group to clarify the importance of adhering to these commitments and to promote diplomatic progress," the resolution states.

Although the findings articulated in House Bill 4350, passed by the U.S. House of Representatives on September 23, 2021, were more targeted in nature regarding the 44-day war, identifying the aggressor and the party violating the trilateral statement, this law also contains important and principled provisions that reflect the interests of Armenia and Artsakh.