US Reforms 'Open Floodgates' on Arms Exports

WASHINGTON – Earlier this week, the largest deregulation in the history of U.S. arms exports took place as part of the Barack Obama administration’s export reform initiative.

But a day after the new reforms came into effect, former government officials and critics from the human rights community are warning of the serious human rights consequences and of the negative long-term impact for U.S. foreign policy.

The reforms are part of the Export Control Reform Initiative (ECRI) brought forward by the Obama administration in 2010, with the goal of simplifying U.S. export practices by eliminating redundant restrictions and regulations.

The most problematic aspect of the reforms is the extensive deregulation of military exports by categorising them as ‘dual-use’ goods, which currently face no trade restrictions under international commercial law.

But according to critics, this large deregulation of armaments trade will have serious long-term consequences for U.S. military strategy and for human rights abuses across the globe.

“This could further facilitate the commission of human rights abuses around the world.” — Amnesty’s Adotei Akwei

The arms export reforms will transfer the oversight of military export items from the U.S. Department of State to the U.S. Department of Commerce. This change will only increase the risks connected with arms exports, critics say.

“Unlike standard armaments, dual-use goods currently face little or no restriction because they’ve always been considered normal commercial goods,” said William J. Lowell, a former U.S. State Department official and now the managing director of Lowell Defense Trade, a national security consulting firm here.

“What this deregulation does is move as much as 75 percent of our arms exports to the Commerce Department, with no regulation,” Lowell told IPS.

No regulation

The military items that will move to Commerce Department oversight are primarily small parts such as aircraft components, electronic equipment, night vision equipment, and automatic firearms.

But these are the items that will inevitably threaten U.S. military strategy, critics suggest.

“When you allow these items to be traded with no restrictions and no licensing, you’re basically allowing places like China and Iran to obtain our military technology and our spare parts with no restrictions whatsoever,” Steven W. Pelak, a former U.S. Justice Department official and now a partner at Holland & Hart, an international law firm, said here on Wednesday. “In the long-term, this can put American lives at risk.”

And while some emphasise the potential backfiring effect of the new deregulation on U.S. interests, others highlight the damaging effect the reforms will have on the international arms export regime.

Since World War II, the U.S. has been in the forefront in urging other countries to control conventional arms more closely, Lowell says.

“We’re the world’s largest arms provider. And now we’re basically retreating from our leadership,” he told IPS. “This means that other countries, like Russia, will be only too happy to agree with decontrolling some of their international arms transfers.”