United States Arms Export Control Act of 1968
The US Arms Export Control Act of 1968 regulates arms brokering and the export of military services. It was amended in the 1980s to include regulations on private companies providing military training to individuals from countries with whom the US did not have good relations. This Act is the primary law in the US for the sale of military equipment and related services.
Purposes for Transfer of Weapons and Services
The Act stipulates the purposes for which weapons and services may be transferred. These purposes range from self-defense to internal security.
Definition of Defense Services
Defense services are defined as:
- Provision of and assistance in the design, manufacture, and use of defense equipment
- Provision of technical data on defense equipment
- Provision of military advice
- Training of foreign units and forces, both regular and irregular
Types of Training Covered
Training covered by the Act includes:
- Training delivered by correspondence courses
- Training provided in person
Key Points
- The US Arms Export Control Act of 1968 regulates arms brokering and the export of military services.
- The Act was amended in the 1980s to include regulations on private companies providing military training to individuals from countries with whom the US did not have good relations.
- The Act establishes procedures for the sale of military equipment and related services.
- The Act stipulates the purposes for which weapons and services may be transferred, ranging from self-defense to internal security.
- Defense services include the provision of and assistance in the design, manufacture, and use of defense equipment, provision of technical data, provision of military advice, and training of foreign units and forces.
- Training covered by the Act includes both in-person training and training delivered by correspondence courses. # International Transfer of Arms Regulations (ITAR)
- US companies offering military advice to foreign nationals must register with and obtain a license from the State Department under ITAR.
- ITAR implements the Arms Export Control Act.
- The government can take action to ensure that licensing provisions are being followed.
- Congressional notification is required for the US government to approve exports of defense services worth over $50 million.
Federal Criminal Statute
- US citizens are prohibited from enlisting or recruiting others from within the US to serve a foreign government or a party involved in a conflict with a foreign government that the US is at peace with.
Purpose of the Acts and Conventions
The purpose of these acts and conventions is to regulate and control the activities of private military companies and individuals involved in foreign military service. They aim to ensure that such activities are conducted within the boundaries of the law and do not pose a threat to national security or violate international norms.
By having legislation in place, countries can:
- Prevent unauthorized recruitment of troops for foreign military service.
- Prohibit the formation and support of private military organizations.
- Restrict individuals from leaving the country to participate in wars in foreign countries.
- Uphold national sovereignty and prevent individuals from engaging in activities that may harm the country’s interests.
These measures are important to maintain peace and stability within a country and to ensure that military activities are carried out by authorized and accountable entities.