ianittd genus ,%Enatt WASHINGTON. DC 20510 October 10, 2018 The Honorable Mike Pompeo Secretary of State US. Department of State 2201 Street, NW Washington, DC 20520 Dear Secretary Pompeo, We write with signi?cant concerns regarding the Yemen certification you submitted last month to Congress pursuant to Section 1290 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (PL. 115-232). While we appreciate your timely submission, after reviewing the unclassified and classi?ed components and receiving updates from our staffs regarding the administration?s September 20 brie?ng, we ?nd it dif?cult to reconcile known facts with at least two of your certi?cations. While we have other concerns related to your certi?cations and the actions of the Saudi- led coalition in Yemen, for purposes of this letter, we will focus on two of our leading concerns. First, in response to Section 1290(c)(1)(C), you certi?ed that the Governments of Saudi Arabia and the United Arab Emirates (UAE) are undertaking ?demonstrable actions to reduce the risk of harm to civilians and civilian infrastructure resulting from military operations? in Yemen. Several facts on the ground in Yemen, however, cast serious doubt on this certi?cation. There has been a dramatic increase in civilian casualties and deaths from Saudi-led coalition airstrikes over the last few months. The death of dozens of children in successive Saudi airstrikes in August tragically and de?nitively underscored this trend and the failure of the Saudi- led coalition to undertake demonstrable actions to reduce the risk of harm to civilians. Notably, the unclassi?ed Memorandum of Justi?cation (Moi) included the following: The Administration recognizes that civilian casualties have occurred at rates that are far too high in the Saudi-led Coalition is campaign in We continue to press the need for additional actions to reduce civilian casualty incidents. Recent civilian casualgt incidents indicate insu??icient implementation of reforms and targeting practices. investigations have not yielded accountability measures. In short, we are skeptical a certi?cation that the two Governments have undertaken demonstrable actions to reduce the harm to civilians is warranted when the Saudi coalition has failed to adopt some U.S. recommendations while civilian deaths and casualties due to coalition airstrikes have increased dramatically in recent months. Second, in reaponse to Section you certified that the two governments are ?complying with applidahle agreements and lavvs regulating defense articles purchased or transferred. 11cm the United States.? However, indirect and explicit contragst .:on page 4 of the 1110.], the administration sajrs, ?The Administration also assesses that Saudi Arabia. and the UAE are. complying with apphcable U. laws governing the sale- and transfer of arms including- the: Arms nap-m Control Act, with rare exception.? We- do not understand. a certification that the Saudi and Emirati governinents are complying with applicable agreements. and laws regulating- d'et?e'nse articles explicitly states that, in certain instances, they have Inotdone so. In responseto 11113511 facts, we ask that you provide written anduncl'assi?ed' ansWers to the- following intentionsE nolator than October 31:. FromNove'm?ber 20131o August-2,018, what has-been the percent increase in civilian casualties and deaths, respeot-ively, Idue to Saudi coalition airsItrIiIkes in Yemen? Please provide the two 2-. incjrea'se inc-ivilian casualties and deaths due-to airstrikes in Yemen, how can the administration erodihly certify that Saudi Arabia and. the UAE are ..nndertaking ?demonstrable actions to. reduce the risk of harm. to civilians??r 3. Please provide details regarding all exceptions in which Baudi Arabia or the UAE have 1101 complied U. laws govemin'g the sale and transfer of armS, including the Arms Export Control Act. ?in Yemen. Since the has explicitly acknovtledged' 111 the. Mo] that. the Saudi Arabia and have not frilly complied with U. S. laws governing the sale and transt?er of arms including the Arms Export Control Act. haw can the administration credibly make the certi?cation reI'quiredI under Section We remain ..comrnitted 'to working with you to promote Ainerica? national security interests and homanitarian principles in Yemen. We know you share our- goals of. ending the civil war, alleviating the humanitarian crisis, and protecting civilians. We also agree that the continuing civil war,- 1worsening humanitarian crisis, and ongoing killing of civilians by the Saudi coalition only serves the interests of Iran and emboldens extremists who seek to harm Americans and our partners. Those are some of the reasons We are concerned that your initial certi?cation, despite 's'ever'al troubling facts, leaves the Saudi-led coalition With the ?indamental misunderstanding that the Merica'n people and their representatives in Congress are willing to accept the status quo in Yemen. Thank you for your long record of distinguished service. Sincerely. Todd You ism Shaheen US. Senator Senator W71 Susan M. Collins Christopher A. Coons US. Senator U. Senator Burn Law rm w?j Jerry Mor41hristopher S. Murphy U. S. Senator US. Senator Jeffrey A. Merkley US. Senator