Managing U.S. Military Technology and Arms Release Policy to Israel
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While processing times can vary depending on the circumstances of individual proposed sales, the State FMS review process is an efficient one. State reviews and adjudicates FMS sales offers on a daily basis, typically providing its assent in all but a small minority of cases. Its signature on the LOA is contractually binding. DoD then implements the case. The first is in economy-of-scale buying power. When buying through the U. Alternatively, the country may be able to pool with the purchase of another country that is also working within the FMS process.
This provides benefit to our Military Services and promotes our ability to build meaningful partner capacity overseas. Another reason a country might choose to use FMS is that it may not have the capability or capacity within its government to effectively oversee the acquisition, so they are paying DoD to do it for them.
DoD provides contracting support, requirements evaluation, logistics support, and works directly with the U. The total package approach may make an FMS purchase more appear more expensive on the front end, but the country is receiving much more than a defense article. Finally, there are many countries that appreciate the transparency that comes with the U. For them, demonstrating to its public that the acquisition is free of corruption is a significant selling point of the FMS system. There are advantages, as well, to purchasing through DCS.
DCS is not subject to the DoD acquisition process, and thus allows another country to set its own standards for competitions and negotiate directly with the U. DCS may at times be faster, and might also prove better for acquiring items not purchased by the U. As a general matter of policy, the U. DCS although there are some systems which, because of technological or policy sensitivity, we only sell via FMS. The important element is that partners buy American; the mechanism through which they do so is typically their choice. Pursuant to section 61 of the AECA, the United States may lease defense articles in DoD stocks to an eligible foreign country or international organization if there is a determination that there are compelling foreign policy and national security reasons for providing such articles on a lease basis rather than a sales basis and are not needed for public use.
The recipient country must also agree to pay in U.
Foreign Military Sales: Process and Policy - United States Department of State
Each lease agreement must be for a fixed duration not exceeding five years. The President, however, may terminate the lease and require the return of the leased article at any time during the duration of the lease. Once a U. Military Service deems an article to be excess to its requirements, such articles may be made available to eligible foreign countries. EDA is an extremely effective program, as it allows the U.
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Finally, partners may also acquire U. If a partner who was the original purchaser of a U. Similarly, under DCS, all retransfers, which entail transfer of a U. Congress has a critical role to play in oversight of arms transfers, and I will briefly walk through that process for you. This entails a Congressional review period during which the Committees can ask questions or raise concerns prior to the Department of State initiating formal notification.
The purpose is to provide Congress the opportunity to raise concerns, and have these concerns addressed, in a confidential process with the Administration, so that our bilateral relationship with the country in question is protected during this process. If, during the Tiered Review period, the Committee raises significant concerns about a sale or license, we will typically extend the review period until we can resolve those concerns.
Following the conclusion of the Tiered Review process, we submit formal notifications to Congress. If no such bill has passed within the Notification timeframe, we may offer the partner country the LOA or issue the export license. I want to note how much we value this process of Congressional engagement. I speak on behalf of both Admiral Rixey and myself — and our entire Departments — when I thank you for your continued oversight and engagement on this critical matter.
I would like to conclude by discussing two essential aspects of U. End-use monitoring EUM refers to the steps we take to ensure that defense articles or services we have provided are used, secured, and accounted for, consistent with section 40 a of the AECA, our license terms, and in accordance with our agreements with the foreign government or international organizations. The U. Blue Lantern helps prevent the diversion and unauthorized use of U.
Blue Lantern end-use monitoring includes pre-license, post-license, and post-shipment checks to verify the bona fides of foreign consignees and end-users, to confirm the legitimacy of proposed transactions, and to verify compliance with U. Blue Lantern checks are typically conducted by U. Routine and Enhanced end-use monitoring by security cooperation organizations assigned to U.
Golden Sentry personnel from DSCA verify compliance with the end-use terms and conditions of sale and other transfer agreements. Certain defense articles require specialized physical security and accounting. For these highly sensitive items, the Golden Sentry program conducts specialized Enhanced End Use Monitoring EEUM — a program that requires DoD security cooperation officers at our embassies to conduct EEUM through planned and coordinated visits to host nation installations, where they verify by serial number a percent inventory of EEUM-designated items on an annual basis.
There are two aspects of compliance I would like to touch on today. The first relates to foreign partner nations, and the second to foreign and U. If our EUM checks determine that an unauthorized third party transfer has occurred, or that previously-transferred sensitive U. There are a number of steps we may take to address such situations, up to and including the suspension of defense sales or exports to the country in question.
Corporations involved in the defense trade are responsible for ensuring their compliance with the ITAR. Most U. These include pursuit of civil cases against companies or individuals who have violated the ITAR, potentially resulting in fines or export restrictions, as well as criminal penalties implemented by our law enforcement partners and the Department of Justice, if warranted. Our civil cases most frequently result in administrative settlements, which often include Department oversight of the steps the company takes to address the cause of their lapse in compliance.
The Department may waive or reduce a civil monetary penalty when companies agree to implement compliance-improvement measures. In cases where criminal conduct has occurred, we assist our law enforcement partners, including the HSI and FBI, to support criminal proceedings by the Department of Justice. We recognize the challenges associated with U. Across the interagency, we work day in and day out to ensure transfers are carefully considered, and approved or denied for the right reasons that promote American security and American interests. Each delivery of U.
It is an act of support and trust for our partners and allies. It provides them the capabilities to defend themselves and to support the security and stability of their region. At the same time, defense transfers and exports provide significant benefits to the United States, not only in strengthening our partners and partnerships but also in terms of our own military procurement and the health of U. Most arms transfer decisions have a clear and swift path to approval, as we work expeditiously with DoD to support our partners and allies worldwide.
While we cannot avoid accounting for the complexities of these foreign policy decisions, we must also continue to move ahead to build the capacity of our partners in support of our national security interests. We recognize that to slow or impede this work would be to open the door for other suppliers and actors. It would distance us from our partners.
It would disadvantage the very industry on which we rely for our technological security capabilities and advantage. It would take away our voice in circumstances where it might matter the most.
We therefore transfer arms within the context of laws, regulation, and policy designed to ensure that our security policy reinforces our diplomacy and foreign policy. And we see results every day, from support for coalition operations against shared threats, to multinational training exercises, to the conversations that occur between American troops and foreign partners — partners who came here for training and left here as friends.
We will remain judicious in using arms transfers as a tool of foreign policy, but we should never forget that our national security is in many ways dependent upon, and advanced as a result of, our security cooperation. Continue to the New State. Skip to content State Department Home. Anti-Corruption and Transparency. Arms Control and Nonproliferation.
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