U.S. Arms Exports Under Congressional Notification Thresholds
Issue Overview | Current Law and Reporting | Case Studies | Potential Research and Recommendations | Comment
Issue Overview
Under U.S. law, Congress must be notified of certain potential arms exports when their value reaches a minimum threshold. There are, however, arms exports that fail to meet that threshold, and it is very difficult to assess the number and amount of such "under threshold" transfers. There is evidence, however, that the value of U.S. weapons delivered internationally that were not notified to Congress beforehand is in the tens of billions, creating a transparency and public knowledge challenge in understanding U.S. arms trade practice and its impact.
This page is meant to be a resource for sharing an understanding of law and practices, case studies, potential research avenues into under threshold arms exports, and a variety of recommendations. We welcome additional information and suggestions, which can be sent to [email protected] or added via the comment section below.
Forum-listed experts* to contact on this research includes: Ari Tolany, Jeff Abramson, Elias Yousif, Seth Binder
Other recommended experts include: Lillian Mauldin and Janet Abou-Elias at Women for Weapons Trade Transparency (see brief)
* The Forum itself does not take positions, but does share findings, research, and recommendations by its listed experts and others addressing arms trade transparency. 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.
Under U.S. law, Congress must be notified of certain potential arms exports when their value reaches a minimum threshold. There are, however, arms exports that fail to meet that threshold, and it is very difficult to assess the number and amount of such "under threshold" transfers. There is evidence, however, that the value of U.S. weapons delivered internationally that were not notified to Congress beforehand is in the tens of billions, creating a transparency and public knowledge challenge in understanding U.S. arms trade practice and its impact.
This page is meant to be a resource for sharing an understanding of law and practices, case studies, potential research avenues into under threshold arms exports, and a variety of recommendations. We welcome additional information and suggestions, which can be sent to [email protected] or added via the comment section below.
Forum-listed experts* to contact on this research includes: Ari Tolany, Jeff Abramson, Elias Yousif, Seth Binder
Other recommended experts include: Lillian Mauldin and Janet Abou-Elias at Women for Weapons Trade Transparency (see brief)
* The Forum itself does not take positions, but does share findings, research, and recommendations by its listed experts and others addressing arms trade transparency. 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.
Current Law and Reporting- Foreign Military Sales (FMS) and Direct Commercial Sales (DCS)
The Foreign Assistance Act (FAA) and the Arms Export Control Act (AECA) collectively outline acceptable reasons for the U.S. government to transfer arms and weapons internationally. The AECA, in particular, governs key processes for both Foreign Military Sales (FMS - which are negotiated government-to-government) and Direct Commercial Sales (DCS - which are negotiated between U.S. weapons manufacturers and international clients) -- distinctions between which contribute to transparency issues around arms transfers.
For both FMS and DCS, the AECA requires the U.S. Executive branch to notify Congress of potential weapons and arms transfers when they meet minimum thresholds before they can proceed with letters of offer and acceptance (LOAs - for FMS) or licenses (for DCS). For countries that are not NATO members, NATO, Japan, Australia, South Korea, Israel, or New Zealand, these thresholds are:
If the dollar value of a sale is below a given threshold, Congress does not have to be notified of a possible sale, and information on individual sales does not have to be publicized, especially in its initial stages.
Functionally, the public is most aware of FMS notifications because they are put online on a website managed by the Defense Security Cooperation Agency (DSCA - see also related resource). There is no similar public transparency in the notification stage for DCS, and information when it does become available is much more limited. The value of sales and licenses, however, typically changes after the notification stage, adding to the challenge of identifying under threshold transfers.
Key resources:
The Historical Sales Book - FMS
The primary reporting mechanism for FMS is the annual Defense Security Cooperation Agency's (DSCA) Historical Sales Book. This document provides aggregate data on FMS from fiscal year 1950 through a set fiscal year, with individual year values given for the five most recent fiscal years. (The most current report is through FY 2020.) Since FY2015, the report in general defines a sale at the point when letters of offer and acceptance (LOAs) are signed and initial deposits from the recipient countries are submitted. This data includes sales that are both above and below congressional reporting thresholds, but does not separate those values.
Because this data is only published once a year, only provides aggregated total value, and is from the LOA stage, it is very difficult to determine the value of under threshold agreements. This also does not capture actual deliveries, which often occur years after LOAs are agreed and may not be at the same value as those LOAs.
Key resource:
655 Report - DCS
While members of Congress receive more details, DCS notifications to Congress are publicly published quarterly in the Federal Register, generally indicating simply that a license has been proposed at the threshold value, but not indicating actual value nor revealing contractors, using boiler plate language explaining that the more detailed notification "contains business information submitted to the Department of State by the applicant, publication of which could cause competitive harm to the U.S. firm concerned" (see example).
The primary public annual transparency report that provides actual values is the so-called 655 report published by the State Department, named after requirements of Section 655(b)(3) of the FAA. The report specifies the quantity of defense articles and defense services authorized to each foreign country by U.S. Munitions List category as well as a single overall total dollar value of all shipments that were authorized and exported during the fiscal year to each destination. This data appears to include transfers that are both above and below congressional reporting thresholds, but does not separate those values.
Because this data is only published once a year and only provides an aggregated total value, it is very difficult to determine the value of under threshold agreements.
Key resource:
State Department factsheet on annual sales
In the past, the Congressional Research Service would publish an annual report on arms sales and would simply not even include DCS numbers because licenses were typically valid for four years and nearly impossible to track in detail. DCS, however, appears to be an increasingly important part of overall U.S. arms transfers, making the lack of transparency in possible under threshold sales even more concerning.
Absent that CRS report, media often cite an annual State Department factsheet that reports FMS notifications and FMS implementation, and DCS licenses. The January 2021 factsheet for FY 2020 (below) indicates that $124.3 billion in DCS licenses were approved in FY 2020, compared to $87.6 billion in FMS notifications. It is unclear how under threshold sales are included in these figures. (Further government clarification would be helpful here. It is possible that the data is revealing for DCS that of $124.3 billion in licenses in fiscal year 2020, only $38.5 billion of these licenses were notified to Congress. While not all licenses typically result in deliveries, the potential under threshold DCS transfers could be $84.8 billion if these licenses were fully completed in the future.)
Current Law and Reporting- Items Removed from the U.S. Munitions List (USML) and Transferred to Commerce Control List (CCL) - Semi-automatic firearms and ammunition
Beginning around 2011, an effort to reform arms trade policy resulted in eight major rounds of removal of items from the U.S. Munitions List -- which are at the heart of FMS and DCS procedures -- and transfer to the Commerce Control List. Some Congressional notification requirements were carried over during this process, but the eighth round, completed during the Trump administration, transferred many items from the first and third categories of the USML to the CCL without including any Congressional notification requirements. Weapons in those categories include semi-automatic and non-automatic firearms and their ammunition (see resource page).
On June 1, 2022, the Commerce Department published a rule that would provide some Congressional notification for semi-automatic weapons, that went into effect July 18. In April 2024, The Department of Commerce released an interim final rule revising firearms export regulations, to be effective on May 30, that called for greater transparency. But transparency on these licenses and sales is still very difficult, with nearly no information about countries involved.
The Foreign Assistance Act (FAA) and the Arms Export Control Act (AECA) collectively outline acceptable reasons for the U.S. government to transfer arms and weapons internationally. The AECA, in particular, governs key processes for both Foreign Military Sales (FMS - which are negotiated government-to-government) and Direct Commercial Sales (DCS - which are negotiated between U.S. weapons manufacturers and international clients) -- distinctions between which contribute to transparency issues around arms transfers.
For both FMS and DCS, the AECA requires the U.S. Executive branch to notify Congress of potential weapons and arms transfers when they meet minimum thresholds before they can proceed with letters of offer and acceptance (LOAs - for FMS) or licenses (for DCS). For countries that are not NATO members, NATO, Japan, Australia, South Korea, Israel, or New Zealand, these thresholds are:
- major defense equipment valued at $14 million or more
- defense articles or services valued at $50 million or more
- design and construction services valued at $200 million or more
- firearms controlled under category I of the United States Munitions List and valued at $1 million or more
If the dollar value of a sale is below a given threshold, Congress does not have to be notified of a possible sale, and information on individual sales does not have to be publicized, especially in its initial stages.
Functionally, the public is most aware of FMS notifications because they are put online on a website managed by the Defense Security Cooperation Agency (DSCA - see also related resource). There is no similar public transparency in the notification stage for DCS, and information when it does become available is much more limited. The value of sales and licenses, however, typically changes after the notification stage, adding to the challenge of identifying under threshold transfers.
Key resources:
- "Arms Sales: Congressional Review Process," Congressional Research Service, January 4, 20224.
- "U.S. Arms Sales and Defense Trade" Factsheet, State Department. The January 20, 2021 factsheet includes explanation of FMS and DCS processes. (See more recent examples below, which lack as much detail on FMS and DCS.)
- Congressional Notification Criteria and Requirements, DSCA table, undated.
The Historical Sales Book - FMS
The primary reporting mechanism for FMS is the annual Defense Security Cooperation Agency's (DSCA) Historical Sales Book. This document provides aggregate data on FMS from fiscal year 1950 through a set fiscal year, with individual year values given for the five most recent fiscal years. (The most current report is through FY 2020.) Since FY2015, the report in general defines a sale at the point when letters of offer and acceptance (LOAs) are signed and initial deposits from the recipient countries are submitted. This data includes sales that are both above and below congressional reporting thresholds, but does not separate those values.
Because this data is only published once a year, only provides aggregated total value, and is from the LOA stage, it is very difficult to determine the value of under threshold agreements. This also does not capture actual deliveries, which often occur years after LOAs are agreed and may not be at the same value as those LOAs.
Key resource:
655 Report - DCS
While members of Congress receive more details, DCS notifications to Congress are publicly published quarterly in the Federal Register, generally indicating simply that a license has been proposed at the threshold value, but not indicating actual value nor revealing contractors, using boiler plate language explaining that the more detailed notification "contains business information submitted to the Department of State by the applicant, publication of which could cause competitive harm to the U.S. firm concerned" (see example).
The primary public annual transparency report that provides actual values is the so-called 655 report published by the State Department, named after requirements of Section 655(b)(3) of the FAA. The report specifies the quantity of defense articles and defense services authorized to each foreign country by U.S. Munitions List category as well as a single overall total dollar value of all shipments that were authorized and exported during the fiscal year to each destination. This data appears to include transfers that are both above and below congressional reporting thresholds, but does not separate those values.
Because this data is only published once a year and only provides an aggregated total value, it is very difficult to determine the value of under threshold agreements.
Key resource:
- 2023 Section 655 introduction and report
- 2022 Section 655 introduction and report
- 2021 Section 655 introduction and report
- 2020 Section 655 Report Introduction - which includes definitions of USML categories and 2020 Section 655 Report
State Department factsheet on annual sales
In the past, the Congressional Research Service would publish an annual report on arms sales and would simply not even include DCS numbers because licenses were typically valid for four years and nearly impossible to track in detail. DCS, however, appears to be an increasingly important part of overall U.S. arms transfers, making the lack of transparency in possible under threshold sales even more concerning.
Absent that CRS report, media often cite an annual State Department factsheet that reports FMS notifications and FMS implementation, and DCS licenses. The January 2021 factsheet for FY 2020 (below) indicates that $124.3 billion in DCS licenses were approved in FY 2020, compared to $87.6 billion in FMS notifications. It is unclear how under threshold sales are included in these figures. (Further government clarification would be helpful here. It is possible that the data is revealing for DCS that of $124.3 billion in licenses in fiscal year 2020, only $38.5 billion of these licenses were notified to Congress. While not all licenses typically result in deliveries, the potential under threshold DCS transfers could be $84.8 billion if these licenses were fully completed in the future.)
- "Fiscal Year 2024 U.S. Arms Transfers and Defense Trade," State Department factsheet, January 24, 2025 (which does not indicate the value of DCS notifications to Congress)
- "Fiscal Year 2023 U.S. Arms Transfers and Defense Trade," State Department factsheet, January 29, 2024 (which does not indicate the value of DCS notifications to Congress).
- "Fiscal Year 2022 U.S. Arms Transfers and Defense Trade," State Department factsheet, January 25, 2023 (which does not indicate the value of DCS notifications to Congress).
- "Fiscal Year 2021 U.S. Arms Transfers and Defense Trade," State Department factsheet, December 22, 2021 (which does not indicate the value of DCS notifications to Congress).
- "U.S. Arms Transfers Increased by 2.8 Percent in FY 2020 to $175.08 Billion," State Department factsheet, January 21, 2021.
Current Law and Reporting- Items Removed from the U.S. Munitions List (USML) and Transferred to Commerce Control List (CCL) - Semi-automatic firearms and ammunition
Beginning around 2011, an effort to reform arms trade policy resulted in eight major rounds of removal of items from the U.S. Munitions List -- which are at the heart of FMS and DCS procedures -- and transfer to the Commerce Control List. Some Congressional notification requirements were carried over during this process, but the eighth round, completed during the Trump administration, transferred many items from the first and third categories of the USML to the CCL without including any Congressional notification requirements. Weapons in those categories include semi-automatic and non-automatic firearms and their ammunition (see resource page).
On June 1, 2022, the Commerce Department published a rule that would provide some Congressional notification for semi-automatic weapons, that went into effect July 18. In April 2024, The Department of Commerce released an interim final rule revising firearms export regulations, to be effective on May 30, that called for greater transparency. But transparency on these licenses and sales is still very difficult, with nearly no information about countries involved.
- BIS resource page -- look inside reports for information the "8th USML to CCL Regulatory Change"
Case Studies
Office of the Inspector General Department of State Report - 2020 -- $11.2 billion in under threshold transfers
In August 2020, the Office of the Inspector General (OIG) of the Department of State issued a report (non-redacted version) regarding the Secretary of State’s May 2019 certification of emergency under the AECA. This “emergency certification waived congressional review requirements for 22 arms transfer cases to the Kingdom of Saudi Arabia, the United Arab Emirates, and the Hashemite Kingdom of Jordan, with a total value of approximately $8.1 billion.” While the OIG found that no laws were broken, it noted that that risks were not thoroughly assessed for this certification and that the prevention of civilian casualties was not taken into complete consideration. Additionally, the OIG found that:
Office of the Inspector General Department of State Report - 2020 -- $11.2 billion in under threshold transfers
In August 2020, the Office of the Inspector General (OIG) of the Department of State issued a report (non-redacted version) regarding the Secretary of State’s May 2019 certification of emergency under the AECA. This “emergency certification waived congressional review requirements for 22 arms transfer cases to the Kingdom of Saudi Arabia, the United Arab Emirates, and the Hashemite Kingdom of Jordan, with a total value of approximately $8.1 billion.” While the OIG found that no laws were broken, it noted that that risks were not thoroughly assessed for this certification and that the prevention of civilian casualties was not taken into complete consideration. Additionally, the OIG found that:
The records show the Department approved a total of 4,221 below-threshold arms transfers involving Saudi Arabia and the United Arab Emirates, with an estimated total value of $11.2 billion since January 2017. Components of PGMs were among the below-threshold transfers to Saudi Arabia and the United Arab Emirates approved during this period. Although the Department approved below-threshold transfers of PGM components as early as January 2017, the Under Secretary for Arms Control and International Security notified the Secretary in 2018 and 2019 that the Department intended to proceed with additional below-threshold approvals notwithstanding congressional holds on larger, above-threshold transfers of similar items.
Indications that the State Department approved 4,221 and made $11.2 billion of under threshold transfers in this instance, including those related to weapons for which Congress was acting to hold sales about which it was notified, bely the need for greater transparency into under threshold transfers.
FMS NOTIFICATIONS that originally were under threshold (2021-present) - $1 billion+
Below is an incomplete list of recent FMS notifications that were made to Congress that built on previous FMS sales that were below threshold, providing some insights into specific sales that were originally under threshold. See a more complete spreadsheet going back to 2021 here. (Total value of under threshold sales more than $1 billion in that spreadsheet.)
heavy duty tank trailers for Israel -- $40.1 million
A September 12, 2024, $164.6 million foreign military sales (FMS) notification to Congress for heavy duty tank trailers for Israel (bold emphasis added)
The Government of Israel has requested to buy additional Heavy Duty Tank Trailers (HDTT) that will be added to a previously implemented case whose value was under the congressional notification threshold. The original FMS case, valued at $40.1 million ($0 in MDE), included HDTTs; spare and repair parts; tool kits; driver tools; corrosion protection; publications and technical documentation; U.S. Government support; technical and logistics support services; storage; and other related elements of logistics and program support. This notification is for the items in the original case and the additional HDTTs. The estimated total cost is $164.6 million
tactical vehicles for Israel -- $62.4 million
120mm mortar cartridges for Israel -- $0.41 million
120mm mortar cartridges for Israel -- $0.41 million
An August 13, 2024, $583.1 million foreign military sales (FMS) notification to Congress for medium tactical vehicles for Israel (bold emphasis added)
The Government of Israel has requested to buy additional modified M1148A1P2 Family of Medium Tactical Vehicles (FMTV) Load Handling System (LHS) 8-ton cargo trucks that will be added to a previously-implemented Foreign Military Sales (FMS) case whose value was under the congressional notification threshold. The original FMS case, valued at $62.4 million ($0 in Major Defense Equipment (MDE)), included modified M1148A1P2 FMTV LHS 8-ton cargo trucks and support. This notification is for the combined total of modified M1148A1P2 FMTV LHS 8-ton cargo trucks.
An August 13, 2024, $61.1 million foreign military sales (FMS) notification to Congress for M933A1 120mm High Explosive Mortar Cartridges for Israel (bold emphasis added)
The Government of Israel has requested to buy fifty thousand (50,000) M933A1 120mm High Explosive (HE) mortar cartridges with M783 fuzes that will be added to a previously implemented case whose value was under the congressional notification threshold. The original FMS case, valued at $0.41 million ($0.37 million in MDE), included four hundred (400) M933A1 120mm HE mortar cartridges with M783 fuzes. This notification is for a combined total of fifty thousand four hundred (50,400) M933A1 120mm HE mortar cartridges with M783 fuzes.
Joint Direct Attack Munition (JDAM) tail kits for Canada -- $16.1 million
A May 21, 2024, $96.4 million foreign military sales (FMS) notification to Congress for JDAM tail kits for Canada (bold emphasis added)
The Government of Canada has requested to buy an additional six hundred ninety (690) KMU-572 Joint Direct Attack Munition (JDAM) tail kits; seventy-five (75) KMU-556 JDAM tail kits; and twenty-five (25) KMU-557 JDAM tail kits that will be added to a previously implemented case whose value was under the congressional notification threshold. The original Foreign Military Sales (FMS) case, valued at $16.1 million ($11.8 million in MDE), included a total of two hundred ten (210) KMU-572 JDAM tail kits; fifty (50) KMU-556 JDAM tail kits; and twenty-five (25) KMU-557 JDAM tail kits. This notification is for a combined total of nine hundred (900) KMU-572 JDAM tail kits; one hundred twenty-five (125) KMU-556 JDAM tail kits; and fifty (50) KMU-557 JDAM tail kits...The estimated total cost is $96.4 million.
ground surveillance equipment for NATO -- $40.26 million
A May 16, 2024, $250.2 million foreign military sales (FMS) notification to Congress for ground surveillance program equipment and support for NATO (bold emphasis added)
The NATO Support and Procurement Agency (NSPA) has requested to buy radar equipment spares and additional items and services that will be added to a previously implemented case whose value was under the congressional notification threshold. The original Foreign Military Sales case, valued at $40.26 million, included Alliance Ground Surveillance (AGS) system equipment and support, including: AN/APG-68 radar processors; Global Hawk engine controllers; classified and unclassified spare components and parts; consumables and accessories; repair and return support; facilities support including storage; classified and unclassified publications and technical documentation; classified and unclassified software delivery and support; transportation support; U.S. Government and contractor engineering, technical, and logistics support services; studies and surveys; and other related elements of logistics and program support. This notification is for the combined non-MDE AGS system equipment and services, including: AN/APG-68 radar processors; Global Hawk engine controllers; communications equipment spares; ... The estimated total cost is $250.2 million.
blanket order for training of naval force for Saudi Arabia -- $37 million
An April 30, 2024, $250 million foreign military sales (FMS) notification to Congress for blanket order training for Royal Saudi Naval Forces (RSNF) (bold emphasis added)
The Kingdom of Saudi Arabia has requested to buy additional blanket order training for Royal Saudi Naval Forces (RSNF) that will be added to a previously implemented case whose value was under the congressional notification threshold. The original Foreign Military Sales (FMS) case, valued at $37 million ($0 in Major Defense Equipment (MDE)), included blanket order training for the RSNF, including: precision targeting, collateral damage reduction, core technical and professional development training, ship repair facility maintainer and language proficiency courses, and professional military education provided by the U.S. Navy. This notification is for the entire blanket order training with an estimated total cost of $250 million.
information distribution systems for Saudi Arabia -- $12.6 million
An April 10, 2024, $101.1 million foreign military sales (FMS) notification to Congress for multifunctional information distribution systems (bold emphasis added)
The Kingdom of Saudi Arabia has requested to buy fifty (50) Multifunctional Information Distribution System-Low Volume Terminal (MIDS-LVT) Block Upgrade 2 (BU2) Terminals and one hundred (100) additional MIDS-LVT BU2 Retrofit Kits that will be added to a previously implemented case whose value was under the congressional notification threshold. The original Foreign Military Sales (FMS) case, valued at $12.6 million, included thirty-five (35) Multifunctional Information Distribution System Joint Tactical Radio System (MIDS JTRS) and twenty-four (24) MIDS-LVT BU2 Retrofit Kits. The Kingdom of Saudi Arabia has also requested a new FMS case that includes one hundred ninety-four (194) MIDS JTRS and thirteen (13) MIDS-LVT BU2 Terminals. This notification is for a combined total of two hundred twenty-nine (229) MIDS JTRS; sixty-three (63) MIDS-LVT BU2 Terminals; and one hundred twenty-four (124) MIDS-LVT BU2 Retrofit Kits.
Sidewinder missiles for Italy -- $34.1 million
A March 15, 2024, $90.6 million foreign military sales (FMS) notification to Congress for Sidewinder missiles to Italy (bold emphasis added)
The Government of Italy has requested to buy twenty-eight (28) AIM-9X Sidewinder Block II+ Tactical Missiles; four (4) AIM-9X Block II+ Tactical Guidance Units; eight (8) AIM-9X Captive Air Training Missiles (CATM); and two (2) AIM-9X CATM Guidance Units that will be added to previously implemented cases whose values were under the congressional notification threshold. The original Foreign Military Sales cases, valued at $34.1 million ($24.1 million in MDE) and $17.6 million ($9.7 million in MDE), respectively, included a total of thirty-eight (38) AIM-9X Sidewinder Block II+ Tactical Missiles; three (3) AIM-9X Block II+ Tactical Guidance Units; sixteen (16) AIM-9X CATM; and two (2) AIM-9X CATM Guidance Units. This notification is for a combined total of sixty-six (66) AIM-9X Sidewinder Block II+ Tactical Missiles; seven (7) AIM-9X Block II+ Tactical Guidance Units; twenty-four (24) AIM-9X CATM; and four (4) AIM-9X CATM Guidance Units.
joint light tactical vehicles for North Macedonia -- $78.54 million
A March 8, 2024, $111 million foreign military sales (FMS) notification to Congress of joint light tactical vehicles for Italy North Macedonia (bold emphasis added)
The Government of North Macedonia has requested to buy an additional eighteen (18) M1278A1/A2 Joint Light Tactical Vehicle (JLTV) Heavy Gun Carriers (HGC); and seven (7) M1280A1/A2 Joint Light Tactical Vehicle (JLTV) General Purpose (GP) that will be added to a previously implemented case whose value was under the congressional notification threshold. The original Foreign Military Sales (FMS) case, valued at $78.54 million ($23.16 million in MDE), included a total of seventy-one (71) JLTVs, consisting of forty-eight (48) M1278A1/A2 JLTVs HGC; seventeen (17) M1280A1/A2 JLTVs GP; and six (6) M1281A1/A2 JLTVs Close Combat Weapons Carrier (CCWC). This notification is for a combined total of sixty-six (66) M1278A1/A2 JLTV HGC; twenty-four (24) M1280A1/A2 JLTV GP; and six (6) M1281A1/A2 JLTV CCWC... The estimated total cost is $111 million.
small diameter bombs for Italy -- $22.5 million
air-to-air missiles for Italy -- $32.5 million
air-to-air missiles for Italy -- $32.5 million
A February 15, 2024, $150 million foreign military sales (FMS) notification to Congress of small diameter bombs for Italy (bold emphasis added)
The Government of Italy has requested to buy one hundred twenty-five (125) Guided Bomb Unit (GBU)-53/B Small Diameter Bombs-Increment II (SDB-II) All-Up-Rounds (AURs); and eight (8) GBU-53/B SDB-II Captive Carry Reliability Tests (CCRTs) that will be added to a previously implemented case whose value was under the congressional notification threshold. The original FMS case, valued at $22.5 million ($9.7 million in MDE), included twenty-four (24) GBU-53/B SDB-II AURs; and four (4) GBU-53/B SDB-II CCRTs. The Government of Italy has also requested a new FMS case that includes twenty-four (24) GBU-53/B SDB-II AURs; and two (2) GBU-53/B SDB-II CCRTs. This notification is for a combined total of one hundred seventy-three (173) GBU-53/B SDB-II AURs; and fourteen (14) GBU-53/B SDB-II CCRTs... The estimated total cost is $150 million.
Also on February 15, 2024, $69.3 million foreign military sales (FMS) notification to Congress of Advanced Medium-Range Air-to-Air Missiles for Italy (bold emphasis added)
The Government of Italy has requested to buy twelve (12) AIM-120C-8 Advanced Medium Range Air-to-Air Missiles (AMRAAM) that will be added to a previously implemented case whose value was under the congressional notification threshold. The original Foreign Military Sales (FMS) case, valued at $32.5 million ($23.0 million in Major Defense Equipment (MDE)), included twelve (12) AIM-120C-8 AMRAAM missiles. This notification is for a combined total of twenty-four (24) AIM-120C-8 AMRAAM missiles...The estimated total cost is $69.3 million.
light tactical vehicle-related for Eqypt -- $41.9 million
A January 10, 2024, $200 million foreign military sales (FMS) notification to Congress of light tactical vehicle-related support for Egypt (bold emphasis added)
A January 10, 2024, $200 million foreign military sales (FMS) notification to Congress of light tactical vehicle-related support for Egypt (bold emphasis added)
The Government of Egypt has requested to buy additional light tactical vehicle chassis and fleet build that will be added to a previously implemented case. The original Foreign Military Sales case, valued at $41.9 million, included 4-Man REV1-B Rolling Chassis with 190 horsepower (HP) diesel engines upgraded to 205HP turbocharged engines; training for chassis assembly process, operations, and maintenance; spare and repair parts; testing equipment; U.S. Government and contractor engineering, technical, and logistics support services; and other related elements of logistical and program support. The estimated total cost is $200 million.
Bell helicopter sustainment for Iraq -- $28 million
A November 2, 2023, $300 million foreign military sales (FMS) notification to Congress of Bell helicopter sustainment support for Iraq (bold emphasis added)
A November 2, 2023, $300 million foreign military sales (FMS) notification to Congress of Bell helicopter sustainment support for Iraq (bold emphasis added)
The Government of Iraq has requested to buy additional services, as indicated below, that will be added to a previously implemented case whose value was under the congressional notification threshold. The original FMS case, valued at $28 million, included a Bell Contracted Logistics Support (CLS) and Field Service Representative (FSR) contract. This notification is for the combined CLS and FSR maintenance support for the following Bell aircraft: three (3) 407 variants, 206B3, OH-58A/C Kiowa, Huey II and 505. Also included is U.S. Government and contractor engineering, technical and logistics support services; studies and surveys; and other related elements of logistics and program support. The estimated total cost is $300 million.
F-16 sustainment for Poland -- $82 million
A September 13, 2023, $389 million foreign military sales (FMS) notification to Congress of F-16 sustainment to Poland (bold emphasis added).
A September 13, 2023, $389 million foreign military sales (FMS) notification to Congress of F-16 sustainment to Poland (bold emphasis added).
The Government of Poland has requested to buy additional non-MDE articles and services, as indicated below, that will be added to a previously implemented case whose value was under the congressional notification threshold. The original FMS case, valued at $82 million, included articles and services in support of F-16 aircraft sustainment. This notification is for the combined non-MDE F-16 sustainment articles and services, which includes Electronic Warfare database reprogramming support... The estimated total cost is $389 million.
small diameter bombs for Norway -- $18.9 million
A June 28, 2023, $293 million foreign military sales (FMS) notification to Congress of small diameter bombs for Norway (bold emphasis added).
A June 28, 2023, $293 million foreign military sales (FMS) notification to Congress of small diameter bombs for Norway (bold emphasis added).
The Government of Norway has requested to buy up to five hundred eighty (580) GBU-53/B Small Diameter Bombs-Increment II (SDB-II) All-Up-Rounds (AURs) that will be added to a previously implemented case. The original foreign military sales (FMS) case, valued at $18.9 million, included twenty (20) GBU-53/B, SDB-II AURs. This amendment will increase the MDE and total case values above notification thresholds and thus requires notification of the entire case. ... The total estimated cost is $293 million.
Excalibur projectiles for Spain -- $21.85million
A June 14, 2023, $48.2 million foreign military sales (FMS) notification to Congress of Excalibur projectiles for Spain (bold emphasis added).
A June 14, 2023, $48.2 million foreign military sales (FMS) notification to Congress of Excalibur projectiles for Spain (bold emphasis added).
The Government of Spain has requested to buy an additional one hundred fifty-three (153) M982A1 Excalibur tactical projectiles that will be added to a previously implemented case whose value was under the congressional notification threshold. The original FMS case, valued at $21.87 million, included one hundred eighteen (118) M982A1 Excalibur tactical projectiles. This notification is for a combined total of two hundred seventy-one (271) M982A1 Excalibur tactical projectiles... The total estimated cost is $48.2 million.
Hawkeye sustainment for France -- $99.6 million
A June 13, 2023, $160 million foreign military sales (FMS) notification to Congress of Hawkeye sustainment support for France (bold emphasis added).
A June 13, 2023, $160 million foreign military sales (FMS) notification to Congress of Hawkeye sustainment support for France (bold emphasis added).
The Government of France has requested to buy additional non-MDE E-2C Hawkeye sustainment items and services that will be added to a previously implemented case. The original FMS case, valued at $99.6 million, included E-2C Hawkeye sustainment support. Therefore, this notification is for E-2C Hawkeye sustainment support, to include an Engine Component Improvement Program (CIP); software updates; technical publications; U.S. Government, and contractor technical/product support/assistance; and other related elements of logistics and program support. The estimated total cost is $160 million.
actuated devices for Kuwait -- $48.2 million
A March 29, 2023, $59.1 million foreign military sales (FMS) notification to Congress of actuated devices for Kuwait (bold emphasis added).
A March 29, 2023, $59.1 million foreign military sales (FMS) notification to Congress of actuated devices for Kuwait (bold emphasis added).
The Government of Kuwait has requested to buy additional Cartridge Actuated Device/Propellant Actuated Devices (CAD/PAD) and support that will be added to a previously implemented case that was under Congressional notification threshold. The original FMS case, valued at $48.2 million, included CAD/PAD items and support for Calendar Years 2025-2026 (CY25-CY26). This notification is for CAD/PAD items and support of Kuwait’s F/A-18 and KC-130/J aircraft fleet. Also included is engineering, technical, and program support and other related elements of logistics and program support. The total estimated cost is $59.1 million.
joint light tactical vehicles for Romania -- $43.73 million
A March 14, 2023, $104.0 million foreign military sales (FMS) notification to Congress of joint light tactical vehicles for Romania (bold emphasis added).
A March 14, 2023, $104.0 million foreign military sales (FMS) notification to Congress of joint light tactical vehicles for Romania (bold emphasis added).
The Government of Romania has requested to buy an additional ninety-five (95) Heavy Gun Carriers Joint Light Tactical Vehicles (JLTVs). This amendment will push the current case above the MDE and total case value notification thresholds and thus requires notification of the entire case. The original FMS case, valued at $43.73 million, included thirty-four (34) Heavy Gun Carriers JLTVs. Therefore, this notification is for a total of one hundred twenty-nine (129) M1278A1 Heavy Gun Carriers Joint Light Tactical Vehicles.
Javelin missiles for Lithuania -- $28.23 million
A December 21, 2021, $125 million foreign military sales (FMS) notification to Congress of Javelin missiles for Lithuania (bold emphasis added).
A December 21, 2021, $125 million foreign military sales (FMS) notification to Congress of Javelin missiles for Lithuania (bold emphasis added).
The Government of Lithuania has requested to buy an additional two hundred thirty (230) Javelin FGM-148F
missiles and twenty (20) Javelin Command Launch Units (CLUs), that will be added to a previously
implemented case that was under threshold. The original FMS case, valued at $28.23 million, included one
hundred eleven (111) Javelin FGM-148F missiles and ten (10) Javelin CLUs. Therefore, this notification is for
a total of three hundred forty-one (341) Javelin FGM-148F missiles and thirty (30) Javelin CLUs.
Firearms that have been transferred to the Commerce Control List - March 2020 (until June 30, 2021), Bureau of Industry and Security (BIS) reporting -- $15.7 billion in licenses approved, $961.7 million delivered -- newer date available through June 30, 2023, but with less specific country transparency
Beginning in March 2020, many firearms (semi-automatic and non-automatic) and their ammunition were transferred to new 500 series categories in the Commerce Control List, removing them from the $1 million Congressional notification threshold required when they were on the first and third categories of the U.S. Munitions List. Therefore, any licenses issues that resulted in transfers under that process will have been done without prior notification. In July 2022, the Biden administration put in place a new notification process for licenses valued at $4 million over 4 years, and revised rules in 2024 that promised more transparency, but specific information is extremely sparse and many sales are not notified. (See resource page)
According to information provided in 2021 from the Commerce Department's Bureau of Industry and Security (BIS), nearly $15.7 billion in licenses had been approved and $961.7 million in weapons had been shipped in this category between March 9, 2020 and June 30, 2021.
Note 1: Many of these deliveries may have been previously notified to Congress if their licenses were approved prior to March 2020. As time proceeds, we anticipate that more and more of these shipments will have been licensed without any Congressional notification but it is difficult to ascertain now what is being notified and what is not.
In the final quarter of 2023, the Commerce Department's Bureau of Industry and Security (BIS) released data that indicates that since the regulatory change went into effect on March 9, 2020 to June 30, 2023, it has processed a total of 26,422 licenses, approving 24,741 of them (for a 93.6% approval rate) with a total approval value of $34.7 billion. According to the 2023 BIS reports, from March 9, 2020 to June 30, 2023, U.S. exports of these items were valued at $3.1721 billion and exported via 102,742 shipments. But delivery data provided no breakdown by county, unlike the 2021 example above.
In the final quarter of 2023, the Commerce Department's Bureau of Industry and Security (BIS) released data that indicates that since the regulatory change went into effect on March 9, 2020 to June 30, 2023, it has processed a total of 26,422 licenses, approving 24,741 of them (for a 93.6% approval rate) with a total approval value of $34.7 billion. According to the 2023 BIS reports, from March 9, 2020 to June 30, 2023, U.S. exports of these items were valued at $3.1721 billion and exported via 102,742 shipments. But delivery data provided no breakdown by county, unlike the 2021 example above.
Potential Research and Recommendations
A number of research approaches could be taken to better identify and understand the sources and extent of U.S. arms transfers that are not notified to Congress, whether under threshold or more broadly done via processes that require no notification at all. Some of these approaches, briefly, could include:
There are also a variety of potential approaches to address concerns about the lack of transparency related to arms transfers that are below Congressional notification thresholds, some of which have been introduced in Congressional legislation at different time. A short list of possible recommendations is below:
See also
A number of research approaches could be taken to better identify and understand the sources and extent of U.S. arms transfers that are not notified to Congress, whether under threshold or more broadly done via processes that require no notification at all. Some of these approaches, briefly, could include:
- Examine existing data - As highlighted earlier, there is some transparency into Congressional notifications and weapons deliveries, which could be compared over time to try to determine if they reveal deliveries that were not notified. This is challenging due to the aggregation of data and difference in what is reported in the FactBook, 655 report, and State Department reports highlighted earlier. Other data sources, such that from the U.S. Census and International Trade Commission, reveal actual transfers to varying degrees of specificity (see relevant example using this approach). In some cases, it might be possible to be determine whether or not those exports were notified to Congress and begin building further examples.
- Seek new information - Freedom of Information Act requests could be submitting seeking further details into deliveries and notifications. One starting point could be gaining access to the underlying data that made up the 2020 OIG report mentioned earlier.
There are also a variety of potential approaches to address concerns about the lack of transparency related to arms transfers that are below Congressional notification thresholds, some of which have been introduced in Congressional legislation at different time. A short list of possible recommendations is below:
- Conduct or require new reporting - The Executive branch could unilaterally decide to provide real time information on notifications and deliveries or issue new reports (perhaps annually) that explicitly detail the values, contents and recipients of arms that were not notified to Congress before being agreements signed/licenses approved. Congress could also require such reporting and/or charge the GAO or other bodies to examine the issue.
- Require notifications for any potential sale (globally, or weapons/destination specific) - Congress may choose to amend the law to require notifications on all sales, or on a subset of potential sales based on particular weapons types and/or destinations. As an example, in April 2021, seven Senators introduced S.1473: Safeguarding Human Rights in Arms Exports Act of 2021, which would remove Congressional reporting thresholds for arms sales and defense articles altogether if the Secretary of State has credible information that a government has been deposed by a military coup or that government security forces have violated human rights. (See legislation for complete details.)
- Require Congressional approval - In August 2021, three Senators introduced the S.2391 National Security Powers Act that would require Congressional approval for certain arms sales to most countries. Such an approach, especially if extended to sales regardless of value and made publicly available, would be another mechanism for ensuring that Congress and the public is fully aware of potential U.S. arms exports before they are delivered.
See also
- "Foreign Military Sales Under Congressional Notification Thresholds: Dangers and Solutions," Women for Weapons Trade Transparency.
- Lillian Mauldin, "U.S. Arms Exports Under Congressional Reporting Thresholds: A Clear and Present Danger," The Baraza, Center for International Policy, August 19, 2021.
- Security Assistance Monitor databases on arms sales, which compile publicly available government information on notifications, authorizations, and deliveries
Comment
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