1. Short title This Act may be cited as the Safeguarding Human Rights in Arms Exports Act of 2023 or the SAFEGUARD Act of 2023 . 2. Statement of policy on control of defense exports and protection of human rights It is the policy of the United States that one of the purposes for controlling the export of defense articles and defense services to foreign countries is to prevent such exports from being used in violation of international humanitarian law or human rights, to require accountability for any such violations, and to ensure that the sale, export, or transfer of such articles and services serves to encourage governments of foreign countries to fully comply with international humanitarian law and observe human rights. 3. Prohibition of arms sales to countries committing genocide or war crimes (a) In general No sale, export, or transfer of defense articles or defense services may occur to any country the government of which the Secretary of State determines has committed, or is committing, genocide or war crimes after the date of the enactment of this Act. (b) Exception The restriction under subsection (a) shall not apply if the Secretary of State certifies to the appropriate congressional committees that— (1) the government has taken steps to bring to justice the persons directly or indirectly responsible for such acts through a credible, transparent, and effective judicial process; (2) appropriate measures have been instituted to ensure that such acts will not recur