U.S. Conventional Arms Transfer Policy (CAT Policy)
On February 23, 2023, the Biden administration released a revised conventional arms transfer (CAT) policy, which provides guidance on how the United States will approach the trade of conventional weapons. As expected, it included new language stressing human rights considerations. In 2018, many experts expressed concern about how the Trump policy approached such issues.
Regarding human rights, the new policy says "...no arms transfer will be authorized where the United States assesses that it is more likely than not that the arms to be transferred will be used by the recipient to commit..." an array of abuses, which is generally seen as a more expansive approach than the previous policy that called for "actual knowledge at the time of authorization..." (emphasis added for clarity).
The new policy also includes many references to the importance of "security sector" governance -- a term that is not present in the earlier Trump policy.
In May 2023, the State Department released a factsheet on retooling Foreign Military Sales, and in June the Defense Department issued a policy to strengthen Foreign Military Sales.
On February 8, 2024, the President issued NSM-20, "National Security Memorandum on Safeguards and Accountability With Respect to Transferred Defense Articles and Defense Services," that references and builds upon, in ways, the CAT policy. (Please see resources below under "Highly recommended from civil society" for analysis.)
This page includes resources on past policies, general policy recommendations from Forum-listed experts*, and other relevant material.
Forum-listed experts to contact on these subjects include Rachel Stohl, Jeff Abramson, Seth Binder, Elias Yousif, Annie Shiel, William Hartung
* The Forum itself does not take positions. Inclusion on the Forum on the Arms Trade expert list does not indicate agreement with or endorsement of the opinions of others. Please contact experts directly for comments.
Regarding human rights, the new policy says "...no arms transfer will be authorized where the United States assesses that it is more likely than not that the arms to be transferred will be used by the recipient to commit..." an array of abuses, which is generally seen as a more expansive approach than the previous policy that called for "actual knowledge at the time of authorization..." (emphasis added for clarity).
The new policy also includes many references to the importance of "security sector" governance -- a term that is not present in the earlier Trump policy.
In May 2023, the State Department released a factsheet on retooling Foreign Military Sales, and in June the Defense Department issued a policy to strengthen Foreign Military Sales.
On February 8, 2024, the President issued NSM-20, "National Security Memorandum on Safeguards and Accountability With Respect to Transferred Defense Articles and Defense Services," that references and builds upon, in ways, the CAT policy. (Please see resources below under "Highly recommended from civil society" for analysis.)
This page includes resources on past policies, general policy recommendations from Forum-listed experts*, and other relevant material.
Forum-listed experts to contact on these subjects include Rachel Stohl, Jeff Abramson, Seth Binder, Elias Yousif, Annie Shiel, William Hartung
* The Forum itself does not take positions. Inclusion on the Forum on the Arms Trade expert list does not indicate agreement with or endorsement of the opinions of others. Please contact experts directly for comments.
Resources
Current and previous policies
Congress
Highly recommended from civil society
Current and previous policies
- Biden policy, "Memorandum on United States Conventional Arms Transfer Policy," White House, February 23, 2023. (National Security Memorandum 18/NSM 18). See also fact sheet.
- Trump policy: "National Security Presidential Memorandum Regarding U.S. Conventional Arms Transfer Policy," White House, April 19, 2018. (National Security Presidential Memorandum 10/NSPM-10)
- Obama policy: "Presidential Policy Directive -- United States Conventional Arms Transfer Policy," White House, January 15, 2014. (Presidential Policy Directive/PPD-27)
- Clinton policy: "FACT SHEET Conventional Arms Transfer Policy," February 17, 1995. (Presidential Decision Directive 34/PDD-34)
- Reagan policy: "Announcement Concerning a Presidential Directive on United States Conventional Arms Transfer Policy," July 9, 1981.
- Carter policy: "Conventional Arms Transfer Policy Statement by the President," May 19, 1977. (Presidential Directive 13)
Congress
- "Meeks Issues Statement on Biden Administration’s Update to Arms Export Policy," press release, February 27, 2023.
- "McCaul, Risch Criticize Biden Admin For Altering and Politicizing Conventional Arms Transfer Policy," press release, February 24, 2023.
Highly recommended from civil society
- Brian Finucane, "Not Reassuring: NSM-20 and the Limits of Law-of-War Assurances in the Transfer of U.S. Arms," Just Security, February 13, 2024.
- Sarah Harrison, "Biden’s New Policy on Security Assistance, NSM-20, Will Not Save Gaza," Lawfare, February 14, 2024.
- Rachel Stohl and Elias Yousif, "FMS 2023 – Questions on The Administration’s Plans for Retooling Foreign Military Sales," Stimson Center, June 7, 2023.
- John Chappell, Ari Tolany, "Unpacking Biden’s Conventional Arms Transfer Policy," Lawfare, March 2, 2023.
- Jordan Cohen, "Two Years Later: Biden Has Finally Taken the First Step on Stopping Risky Arms Transfers," CATO at Liberty blog, February 23, 2023.
- Rachel Stohl and Elias Yousif, "Over Promising and Under Delivering on Arms Transfer Policies" in "Hits & Strikes From Biden’s First Two Years," The Stimson Center, January 23, 2023.
- Jeff Abramson, "Unsatisfactory- Conventional arms transfer (CAT) policy." in "Assessing Biden's First Two Years," Forum on the Arms Trade, January 20, 2023.
- Jordan Cohen, "Biden's Conventional Arms Transfer Policy Could Be A Turning Point," War on the Rocks, November 29, 2021.
- Jeff Abramson, Annie Shiel, Seth Binder, William Hartung, Rachel Stohl, Adam Isacson and Daniel R. Mahanty, "At 100 Days, Grading Biden’s Progress Toward a More Responsible US Arms Trade Policy," Just Security, April 28, 2021.
- Annie Shiel, Seth Binder, Jeff Abramson, William Hartung, Rachel Stohl, Diana Ohlbaum, Adam Isacson, Brittany Benowitz and Dan Mahanty, "Toward A More Responsible US Arms Trade Policy: Recommendations for the Biden-Harris Administration," Just Security, January 19, 2021
- Rachel Stohl, "Improving U.S. Conventional Arms Policies," Arms Control Today, January/February 2021.