U.S. Arms Export Controls "Reforms"
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For many years, arms export control policy was based on preservation of national security and the need for allies to keep weapons technology out of the hands of Eastern Bloc countries. With the end of the Cold War, arms export control has become more complicated and difficult. The post-Cold War global arms market is extremely competitive; defense firms compete for an ever-greater share of a smaller pie. Partly in response to this competition, the defense industry has put tremendous pressure on the U.S. government to speed up the arms export licensing process, which industry claims is too slow and therefore threatens its market share.
At the same time, the need for rigorous export controls has never been greater. Arms traffickers roam the planet looking for weapons and defense technologies that they can sell, at a huge profit, to rogue states, terrorists and other dangerous individuals and groups. Preventing these individuals and countries from acquiring U.S. defense technology is the primary objective of the licensing process that industry seeks to streamline. Thus, government agencies responsible for controlling arms exports are confronted with the unenviable task of balancing industry's demands for decontrol with the need to keep dangerous technologies out of the hands of unauthorized end-users.
The defense industry's efforts began to bear fruit in May 2000, when the Clinton administration unvieled the the Defense Trade Security Initiative - a set of changes to the arms export licensing system designed to expedite weapons exports to NATO members, Japan, and Australia, and to increase cooperation between European and American weapons manufacturers. These changes ranged from creating new export licenses for entire weapons systems to expediting license reviews for NATO members. The most far reaching reform would be to exempt favored allies from some arms export license requirements in exchange for modifications to their export licensing systems (the U.S. government is trying to encourage other states to tighten their export controls by offering them license-free U.S. weapons exports as a reward). U.S. officials recently wrapped up negotiations on licensing exemption agreements with Australia and the UK, and are now seeking "legislative relief" (through the Senate's FY 2005 foreign affairs authorization bill) from some of the conditions placed on these agreements.
Following the catastrophic terrorist attacks that took place on September 11th, 2001, these "reforms" were relegated to the issue backburner until the fall of 2002, when Deputy Secretary of State Richard Armitage announced the administration's plans to conduct a thorough review of defense trade policies. Armitage also revealed several significant changes at that time, including the restructuring of the State Department's Office of Defense Trade Controls, an increase in the dollar value of aircraft components sales that do not require licenses (from $500 to $5000, up to 12 times/year), and underscored the importance of the first-ever use of the Global Project Authority, which will expedite the licensing associated with the $200 billion Joint Strike Fighter program.
What little information on the 6-month policy review that has been released to the public suggests that it is likely to serve as a vehicle for advancing specific DTSI "reforms" and related changes. A 2-page fact sheet issued by the White House in November 2002 lists "[i]dentifying the top U.S. weapons acquisition programs for which increased industrial participation and greater access to U.S. technology... would improve military effectiveness of U.S. coalitions" and "[i]dentify[ing] technology transfer policy changes that will facilitate the ability of the U.S. military to benefit from commercial developments and international cooperation..." among several other goals of the policy review. While such language is a red flag for proponents of strong export controls, little can be said definitively about the review unless and until the veil of secrecy currently shrouding the opaque process is lifted.
The Arms Sales Monitoring Project is concerned that the defense industry's push to reduce restrictions on arms exports, even to allied countries, will increase the likelihood that US weapons will be diverted to agents of rogue regimes, terrorists and criminals. Below is a collection of our analysis, along with relevant media reports and government documents.
U.S. Government Information
Details about the Defense Trade Security Initiative and other government "reform" measures
- "President Issues Export Controls Directive to Reform U.S. Defense Trade Policies and Practices", White House Press Release, 22 January 2008.
- "State Department Needs to Conduct Assessments to Identify and Address Inefficiencies and Challenges in the Arms Export Process", Government Accountability Office, November 2007.
- State Department Response: GAO Report on Inefficiencies and Challenges in the Arms Export Process
- "Treaty with Australia Concerning Defense Trade Cooperation," transmittal package, 3 December 2007.
- "Treaty with United Kingdom Concerning Defense Trade Cooperation", transmittal package, 20 September 2007.
- "Export Controls: Are We Protecting Security and Facilitating Exports?", Hearing, House Committee on Foreign Affairs, Subcommittee on Terrorism, Nonproliferation, and Trade, 26 July 2007.
- "Vulnerabilities and Inefficiencies Undermine System's Ability to Protect U.S. Interests", Government Accountability Office, 26 July 2007.
- "U.S.-U.K. Defense Treaty Signed", USINFO, 27 June 2007.
- Report to Congress on Defense Trade Licensing, Bureau of Political-Military Affairs, June 2006.
- Plenary Meeting Minutes, Defense Trade Advisory Group, 21 April 2006.
- ITAR Waiver Defence Comittee Comment, The United Kingdom Parliament, 24 November 2005.
- Assistant Secretary John Hillen's remarks at the 18th Annual Global Trade Controls Conference, Washington DC, 3 November 2005.
- Amendment to the International Traffic in Arms Regulations: Part 126, Federal Register, 12 July 2005.
- Implements Section 1225 of Public Law 108-375, which calls for the expeditious processing of license applications for defense exports to the UK and Australia. Also clarifies elements of the Canadian licensing exemption.
- Arms Export Control System in the Post-9/11 Environment, U.S. Government Accountability Office, GAO-05-234, 7 April 2005.
- "Hyde Releases GAO Report Detailing Weaknesses in US Weapons Export Policy Since 9/11: Intends to Introduce Legislation to Overhaul US Arms Export Controls to Deal with Export Risks of the War on Terror," House International Relations Committee, 14 July 2004
- Assistant Secretary Lincoln Bloomfield's remarks at the Society for International Affairs, Washington, DC, 8 November 2004.
- Assistant Secretary Lincoln Bloomfield's remarks at the Society for International Affairs, London, UK, 3 June 2004. Brief discussion of defense trade policy, including NSPD-19.
- Statement of Administration Policy, National Defense Authorization Act for Fiscal Year 2005 (HR 4200, White House, 19 May 2004.
- U.S. Weapons Technology at Risk: The State Department's Proposal to Relax Arms Export Controls to Other Countries, House International Relations Committee, 1 May 2004.
- Amendments to the International Traffic in Arms Regulations: United States Munitions List, Federal Register, 21 May 2004.
- Documents on NSPD-19 made Available to the Defense Trade Advisory Group, released 14 April 2004.
(Received via an FAS request under the Federal Advisory Committee Act) - Minutes from the December 2003 meeting of the Defense Trade Advisory Group.
- Click here for the minutes from previous DTAG meetings.
- U.S. State Department's Defense Trade Advisory Group, 2003 Annual Report, September 2003
- Status of U.S. Interagency Review of U.S. Export Licensing and Technology Transfer Policy, July 18, 2003
- White House Fact Sheet on ballistic missile defense technology and U.S. policy, May 30, 2003
- Bureau of Industry and Security Annual Report, FY 2002, February 6, 2003
- U.S.-India Statement of Principles on High Technology Commerce, February 5, 2003 (see also the press release)
- White House Fact Sheet on Defense Trade Export Policy Review, revised November 26, 2002 (original released November 21, 2002)
- Final Report of the Commission on the Future of the U.S. Aerospace Industry: Executive Summary, Chapter 6 on Global Markets, and Additional Views of Commissioners R. T. Buffenbarger and Tillie K. Fowler, November 18, 2002
- Security Cooperation in a Post 9-11 World: Deputy Secretary of State Armitage's remarks at the Defense Security Cooperation Agency Conference, October 17, 2002
- Assistant Secretary of State Bloomfield's remarks to the AIAA Conference, February 20, 2002
- Fact Sheet: Defense Trade Security Initiative Extended to Sweden , June 14, 2001
- US-UK Statement on Defense Export Reforms Cooperation , January 18, 2001
- Defense Capabilities Initiative: NATO Expedite List for Munitions Export Licenses, October 30 2000.
- Amendments to the International Traffic in Arms Trade Regulation: NATO countries, Australia and Japan. July 21, 2000
- Fact sheets on Defense Trade Security Initiatives (long version), May 24, 2000
- Seventeen Agreed Proposals to Defense Trade Security Initiative , (short version) May 23, 2000.
- Defense Trade Security Initiative: Short Descriptions/Justifications , (shortest version) May 23, 2000.
- NATO Ministerial News Brief: "The United States Unveils Defense Trade Security Initiative," May 24, 2000.
- Secretary of State Albright: Statement at NATO Ministerial Meeting , May 24, 2000. Secretary of State Albright: Press Conference en Route to NATO Ministerial Meeting, May 24, 2000.
- Background Information
- Clarification and More Comprehensive Oversight of Export Exemptions Certified by DOD Are Needed, U.S. Government Accountability Office, GAO-07-1103, September 2007.
- "Registration & Compliance," David Trimble & Department of State, 23 May 2007.
- "End-Use Monitoring of Defense Articles and Defense Services, Commercial Exports FY2006," Department of State, April 2007.
- National Security Reviews of Foreign Acquisitions of US Companies Could Be Improved, Government Accountability Office, GAO 07-661t, January 2007.
- "20% Low-Quality Applications: A Message from the Managing Director", Directorate of Defense Trade Controls, State Department, 26 February 2007.
- High-Risk Series: An Update, Government Accountability Office, GAO 07-310, January 2007. See pp. 20-26: "Ensuring the Effective Protection of Technologies Critical to U.S. National Security Interests"
- Unfavorable Determinations Reached as a Result of "Blue Lantern" End-Use Checks, FY2002-FY2004 (Received January 2007 in response to a FOIA request filed in November 2005)
- Defense Trade Controls Overview, Directorate of Defense Trade Controls, January 2007.
- Challenges Exist in Enforcement of an Inherently Complex System, U.S. Government Accountability Office, GAO-07-265, December 2006.
- Assistant Secretary John Hillen, Address to the Kokoda Dialogue Dinner, Camberra, Australia, 2 November 2006.
- Analysis of Data for Exports Regulated by the Department of Commerce, U.S. Government Accountability Office, GAO-07-197r, July 2006.
- DOD's Critical Technologies Lists Rarely Inform Export Control and Other Policy Decisions, U.S. Government Accountability Office, GAO-06-793, July 2006.
- Improvements to Commerce's Dual-Use System Needed to Ensure Protection of US Interests in the Post-9/11 Environment, U.S. Government Accountability Office, GAO-06-638, June 2006.
- Amendments to the International Traffic in Arms Regulations: United States Munitions List, Federal Register, 21 April 2006.
- Joint Strike Fighter: Management of the Technology Transfer Process, Government Accountability Office, March 2006.
- U.S. end-use monitoring programs, excerpted from the Congressional Budget Justification for Foreign Operations, February 2006.
- "Foreign Military Sales: Major Arms Sales Notification Process (Sec. 36(b), AECA), Business Operations-Comptroller, Operations and Administration, Defense Security Cooperation Agency, 17 May 2005.
- Reinstatement of the Canadian licenseing exemptions, documents obtained under the Freedom of Information Act.
- Hearing Notice: The Role of Arms Export Policy in the Global War on Terrorism, House International Relations Committee, 14 July 2004.
- Unfavorable Determinations Reached as a Result of "Blue Lantern" End-Use Checks, FY2001 (Received February 2004, in response to a FOIA request).
- Improvements Needed to Better Control Technology Exports for Cruise Missiles and Unmanned Aerial Vehicles, General Accounting Office, GAO-04-175, January 2004.
- Testimony of Robert W. Maggi, Managing Director of the Directorate of Defense Trade Controls, before the Subcommittee on National Security, Emerging Threats, and International Relations of the House Committee on Government Reform, March 9, 2004. Response to the GAO's findings in report 04-175.
- Testimony of Lt. Gen. Tome Walters, Director of the Defense Security Cooperation Agency, before the Subcommittee on National Security, Emerging Threats, and International Relations of the House Committee on Government Reform, March 9, 2004.
- Testimony of Lisa Bronson, Deputy Under Secretary of Defense for Technology Security Policy and Counterproliferation, Department of Defense, before the Subcommittee on National Security, Emerging Threats, and International Relations of the House Committee on Government Reform, March 9, 2004.
- Testimony of Joseph A. Christoff, Director, International Affairs and Trade Team, GAO, before the Subcommittee on National Security, Emerging Threats, and International Relations of the House Committee on Government Reform, March 9, 2004.
- Testimony of Matthew Borman, Deputy Assistant Secretary for Export Administration, Department of Commerce, before the Subcommittee on National Security, Emerging Threats, and International Relations of the House Committee on Government Reform, March 9, 2004.
- Letter from Senators Kyl, Shelby, Feingold, McCain, and Sessions to Dr. Condoleezza Rice, March 7, 2003
- Arms Sales: Congressional Review Process, Congressional Research Service, 20 December 2002.
- Nonproliferation: Strategy Needed to Strengthen Multilateral Export Control Regimes, General Accounting Office, GAO-03-43, October 25, 2002.
- Department of Justice: Significant Export Control Cases, June 1989-April 2002 (Received May 1, 2003, in response to a FOIA request).
- Defense Trade: Lessons to Be Learned from the Country Export Exemption. GAO-02-63, March 29, 2002.
- Commission on the Future of the United States Aerospace Industry: Interim Report #2 , March 20, 2002.
- Streamlined Processes and Better Automation Can Improve Munitions License Reviews. State Department Office of the Inspector General, Memorandum Report Number IT-A-02-02, March 2002.
- Export Controls: Reengineering Business Processes Can Improve Efficiency of State Department License Reviews. GAO-02-203, December 31, 2001.
- Export Controls: State and Commerce Department Licensing Review Times are Similar. GAO-01-528. June 1, 2001.
- Defense Trade: Analysis of Support for Recent Initiatives. GAO/NSIAD-00-191, August 2000.
- Defense Trade: Status of the Department of Defense's Initiatives on Defense Cooperation. NSIAD-00-190R. July 19, 2000.
- "Executive Summary," Final Report of the Defense Science Board Task Force on Globalization and Security, (Washington, DC: Office of the Under Secretary of Defense for Acquisition and Technology), December 1999.
- Arms/Technology Transfer White Paper, Defense Security Cooperation Agency (DoD), approved September 27, 1999.
- Pricing, Finance, and U.S. Cost Recovery White Paper , Defense Security Cooperation Agency (DoD), approved January 26, 1999.
- Process Transparency White Paper , Defense Security Cooperation Agency (DoD), approved January 26, 1999.
- FMS Reinvention Goals for 2001 and Beyond, Lt. Gen. Tome H. Walters, Jr., Defense Defense Security Cooperation Agency (DoD), March 30, 2001.
- Review of the U.S. Munitions List and the Commodity Jurisdiction Process, Office of the Inspector General, Department of Defense, March 2001.
Websites
- The Pentagon's Defense Security Cooperation Agency maintains a page on its efforts to reform the Foreign Military Sales program, in order to speed up the arms export process and make it more accessible to foreign recipients.
- The Wassenaar Arrangement is the current multilateral body charged with coordinating conventional arms export policy.
- Matt Schroeder, "Bush Administration Unveils New Export Control Directive," Strategic Security Blog, 29 January 2008.
- Matt Schroeder, "Licensing Exemptions, Round Two: The Defense Trade Cooperation Treaty," Strategic Security Blog, 20 July 2007.
- Matt Schroeder, "FAS Obtains Data on Arms Export End-use Monitoring," Strategic Security Blog, 23 January 2007.
- Matt Schroeder, "Defense Industry Gears Up for “Phase Two” of Arms Export Control Reform Campaign," Strategic Security Blog, 26 October 2006.
- Matt Schroeder, "Transparency and Accountability in Arms Export Programs: the United States as a Case Study," Disarmament Forum, Fall 2005.
- Matt Schroeder, "Battle Set Over Licensing Exemptions," FAS Public Interest Report, Summer 2004.
- Tamar Gabelnick and Rachel Stohl,eds., Challenging Conventional Wisdom: Debunking the Myths and Exposing the Risks of Arms Export Reform, Washington, D.C.: Federation of American Scientists, 2003.
- Matt Schroeder and Rachel Stohl, "Export-Control Murkiness," Op-Ed, Defense News, January 6, 2003.
- Tamar Gabelnick, "Risk of Weapons Sales," Letter to the Editor, New York Times, May 27, 2000.
- Tamar Gabelnick and Anna Rich, "Globalized Weaponry," Foreign Policy in Focus, June 2000. . pdf version
- Tamar Gabelnick, "U.S. Export Reform Proposals May Jeopardize Arms Control," Defense News, May 8, 2000. pdf version
- "Dictionary of Security Assistance Euphemisms" Arms Sales Monitor No. 43 (April 2000).
- "Spinning out of Control: the Impact of Globalization on the Conventional Arms Trade" , F.A.S. Public Interest Report, Volume, No.
- "Arms Company of the Future: BoeingBAELockheedEADS, Inc.? USG Ponders Defense Globalization," Arms Sales Monitor No. 42 (January 2000).
- "Foreign Military Sales Reform: DoD Cozies Up Closer to Industry" , Arms Sales Monitor No. 40 (May 1999).
- William Matthews, "U.S. List of Export Violations Feeds Reform Debate," Defense news, 22 January 2007.
- Bradford Plumer, "Arms Dealers to the World," The American Prospect, 7 January 2007.
- Richard Van Atta et al, " Export Controls and the U.S. Defense Industrial Base," Institute for Defense Analyses, January 2007.
- William Matthews, "Freeing bolts and gear knobs," Armed Forces Journal, January 2007.
- "AIA 2007 Top Issues: Promote the Development of a Modern Export Control System" Aerospace industries Association, January 2007.
- William Matthews, "U.S. Trade Groups Plan Export-Reform Lobbying Campaign," Defense News, 6 December 2006.
- Sharon Weinberger, "Industry, Government make Renewed Push to Change U.S. Export Control Regime," Aviation Week & Space Technology, 16 July 2006.
- Shane Harris, "Administration may loosen weapons sales controls," GovExec.com, 13 February 2003.
- Major Isaiah Wilson, III, United States Military Academy. "The Problem with Foreign Military Sales Reinvention"
- Darlene Druyun, Defense Reform International. "A Blueprint for Action: Final Report." February 14-15, 2001.