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Examples of U.S. "Emergency" Arms Sales

Under the Arms Export Control Act (AECA), the president is required to notify Congress of many major weapon sales to other countries 30 days before concluding the transaction. However, the Act also provides the president with the power to waive this requirement if he/she declares “that an emergency exists which requires the proposed sale in the national security interest of the United States” and provides a detailed justification.

On May 24, 2019, the Trump administration claimed these powers to expedite sales of nearly $8.1 billion in weapons systems to Jordan, Saudi Arabia, and the United Arab Emirates (see resource page, and Congressional Research Service reports on Congressional review process and emergency exemption).

Past examples of the president claiming emergency justification, though not always citing the AECA, include:

March 1979

President Jimmy Carter invoked the emergency authority provisions of the AECA to facilitate sales of F-5E aircraft, M60-A1 tanks, and M113-A1 APCs to North Yemen following attacks by South Yemen, who were supplied by the Soviet Union. A House provision followed, requiring future uses of the emergency authority to be accompanied by detailed justification by the president.

Resources:
  • Presidential Determination No. 79-6 of March 7, 1979 (citing AECA)
  • “U.S. Arms Sales to the Middle East: Trump Administration Uses Emergency Exception in the Arms Export Control Act” (Congressional Research Service, May 31, 2019... via everycrsreport.com)
 
​
May 1984

President Ronald Reagan cited Iranian threats in the Middle East to sell Stinger surface-to-air missiles to Saudi Arabia, amidst escalation of the Iran-Iraq War and attacks on Saudi shipping.

Resources:
  • Presidential Determination No. 84-8 of May 29, 1984 (citing AECA)
  • “U.S. Arms Sales to the Middle East: Trump Administration Uses Emergency Exception in the Arms Export Control Act” (CRSe, May 31, 2019... via everycrsreport.com)
 

August 1990
 
President George H.W. Bush pointed to Iraq’s invasion of Kuwait in order to justify the sale of Stinger missiles, depleted uranium anti-tank ammunition, 24 F-15C/D aircraft, and 150 M60-A3 tanks to Saudi Arabia. The sale of F-15s in particular would have otherwise violated the 1988 Metzenbaum Amendment, which limited F-15 sales to the Saudis.

Resources:
  • Presidential Determination No. 90-36 of August 26, 1990 (tanks and aircraft citing AECA) 
  • National Interest Certification for Sales of F-15s to Saudi Arabia of August 8, 1990
  • “Arms Transfers To Saudi Arabia: Presidential Authority To Waive Legislative Restrictions” (CRS, August 20, 1990)
  • “U.S. Arms Sales to the Middle East: Trump Administration Uses Emergency Exception in the Arms Export Control Act” (CRS, May 31, 2019... via everycrsreport.com)
 

July/August 2006

During the 2006 Israel-Lebanon July War, President George W. Bush again invoked emergency authority provisions to transfer precision-guided munitions (PGMs) to Israel. However, this was not an AECA procedure, but rather, a transfer of title over War Reserve Stockpile Ammunition-Israel (WRSA-I), a U.S. reserve munitions stock located in Israel. This procedure is permitted under Section 514 of the Foreign Assistance Act of 1961.


Resources:
  • 22 USC 2321h: Stockpiling of defense articles for foreign countries
  • "Best Friends Don’t Have to Ask" (Politico, August 14, 2014)
 
 
Up until the time of delivery, Congress can pass a resolution specifically barring the sale of weapons to these or other countries. In this case, it can be expected that such a resolution would be vetoed by President Trump and would therefore need at least a two-thirds majority in both chambers of Congress to be veto-proof. The closest Congress has ever come to achieving this was in 1986, when President Reagan vetoed Congress’s attempt to bar arms sales to Saudi Arabia but ended up amending the deal
to remove Stinger missiles as a result from congressional pressure. The Senate failed by one vote in to override the veto. (See CRS report on Congressional review process).

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