Emergency Arms Sales Did Not Violate AECA but Raised Other Legal Concerns, OIG Says

The State Department’s 2019 emergency arms sales to Persian Gulf countries (see 1907150033 and 1907300027) did not violate export control laws, but the agency failed to “fully assess risks” the weapons could lead to “civilian casualties” and other “legal concerns,” the Office of Inspector General said in an Aug. 11 report. The report was released days after House and Senate Democratic leaders subpoenaed four State Department officials and accused the agency of stonewalling congressional oversight of the emergency transfers and the firing of former department Inspector General Steve Linick (see 2008030046).

The State Department said the report was an exoneration of the arms sales and Linick’s firing. “What was confirmed in that final report is the department did its job: The secretary used the authorities that were afforded to him in the [Arms Export Control Act],” a senior State Department said.

The OIG, however, recommended that the agency “implement additional mitigation measures” to decrease the risk of U.S.-origin defense items being exported to countries that are “contributing to civilian harm,” the official said. While the State Department agreed with the recommendation, the official emphasized that the agency already pursues mitigation measures for arms sales. “The report reflected what the department had been doing,” the official said. “We’ve already started this. It’s still going.”

But the OIG said the agency did not adequately assess the risks of exports of “precision-guided munitions,” including items in the 2019 emergency sale. The OIG also said the State Department approved more than 4,000 arms sales to Saudi Arabia and the United Arab Emirates since 2017 that fell below the threshold for congressional approval under the AECA, adding that some were “similar to those that had been held by Congress.”

During the inspection, State Department officials told the OIG that the congressional review process for military sales was “hindering exports of military equipment,” particularly after the 2018 murder of journalist Jamal Khashoggi. Agency officials said they met roadblocks trying to approve arms sales specifically to Saudi Arabia.