Emergency Arms Sales to Middle East Still 'Pending,' State Department Official Says

The U.S. has not yet delivered the $8 billion in emergency arms sales to Saudi Arabia and the United Arab Emirates it announced on May 24, a State Department official told a Senate committee, causing both Republican and Democratic senators to question why the sales justified an emergency.

R. Clarke Cooper, the State Department’s assistant secretary for political-military affairs, told the Foreign Relations Committee on July 10 that export licenses for the sales have been completed but “delivery is pending.” Several senators balked at the notion that emergency sales had not been completed more than a month after they were announced. They also suggested that Congress will look into amending the emergency provision of the Arms Export Control Act that was used by the administration to justify the sales and to bypass congressional approval.

“It leaves us little choice but to limit the discretion to the executive branch of the government,” Sen. Ben Cardin, D-Md., said during the hearing. “And that’s what’s coming down.”

The sales stem from an announcement Secretary of State Mike Pompeo made in May that used the AECA’s emergency provision to approve the 22 arms transfers to Saudi Arabia, the UAE and Jordan. The move was met with bipartisan opposition from Congress, including a vote by the Senate on June 20 to block the sale (see 1906200052). The House is also expected to vote to block the sales this week, but it is unlikely to become law because the resolution lacks support to override a veto (see 1907100037).

During the hearing with Cooper, senators sought clarification of the Trump administration's decision to skip congressional review. Cooper said the U.S. has no plans to invoke the emergency provision for another sale in the near future but defended the administration's decision. “We must ensure our partners have the ability ... to play their due role in maintaining the stability and security in their regions,” Cooper said.

Some senators said the decision was an obvious attempt to evade congressional oversight. “It was a deliberate decision to ignore the intent of the Arms Export Control Act,” said Sen. Jeanne Shaheen, D-N.H. “It’s very clear that was a deliberate decision to ignore that act.”

Sen. Ted Cruz, R-Texas, said the administration “decided to circumvent the law” and Congress’ constitutional responsibility. “The process that the State Department followed for these weapons sales -- not to put too fine a point on it -- was crap,” Cruz said.

Cooper also provided context for the State Department’s recent announcement to approve about $2 billion in arms sales to Taiwan (see 1907120016), saying “threats to Taiwan's sovereignty” are not “going away.”

“We are a reliable partner and they also are a reliable partner,” Cooper said. “We are looking at making sure the Indo-Pacific region is open and free.”