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   A          Congressional                                                      ____
          *  Research Service
   !nforming the leg slative debate :since 1914





U.S. Arms Sales to the Middle East: Trump

Administration Uses Emergency Exception in

the Arms Export Control Act



May 31, 2019


Overview

On May 24, 2019, the Trump Administration formally notified Congress of immediate foreign military
sales and direct commercial sales of training, equipment, and weapons with a possible value of more than
$8 billion, including sales of precision guided munitions (PGMs) to Saudi Arabia and the United Arab
Emirates (UAE), and the gift transfer of PGMs by the UAE to Jordan. Other notified sales include, among
others: F-15 Engines and Support for Saudi Arabia and AH-64 equipment, Javelin Anti-Tank Missiles,
and Patriot Guidance Enhanced Missiles for the UAE.
In making the notifications, Secretary of State Michael Pompeo invoked emergency authority codified in
sections 36(b)(1), 36(c)(2), 36(d)(2), and 3(d)(2) of the Arms Export Control Act (AECA), as amended (22
U.S.C. 2776). The Secretary interpreted those provisions as granting the President authority to waive the
specified statutory congressional review periods for proposed sales under the AECA. If the President
states in a formal notification to Congress that an emergency exists requiring the sale, export license, or
technical assistance and manufacturing license of arms and related materiel, in the national security
interests of the United States, and waives the requirements for congressional review, then the President is
free to proceed with the sale, export, or licensing. The President must provide Congress at the time of this
notification a detailed justification for his/her determination.
These arms sales to Saudi Arabia, the UAE, and Jordan coincide with heightened U.S.-Iranian tensions
and renewed Houthi attacks against Saudi infrastructure. In the justification for the use of emergency
authority under the AECA, Secretary of State Pompeo wrote to Congress that:
       Iranian malign activity poses a fundamental threat to the stability of the Middle East and to American
       security at home and abroad.... The rapidly-evolving security situation in the region requires an
       accelerated delivery of certain capabilities to U.S. partners in the region.... Such transfers, whether
       provided via the Foreign Military Sales system, or through the licensing of Direct Commercial Sales,
       must occur as quickly as possible in order to deter further Iranian adventurism in the Gulf and
       throughout the Middle East.
                                                                Congressional Research Service
                                                                https://crsreports.congress.gov
                                                                                     IN11127

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