Scott JONES
Center of International Trade and Security
Georgia State University

The end of the cold war has led to the appearance of a large quantity of redundant armaments. This was a result of putting in force the agreements on disarmament, the reduction of global tension, the cease-fire in many world regions, the unilateral decisions on reduction of weapons, restructuring and modernization of armed forces. The treaty about restriction of conventional armed forces in Europe and the disintegration of the Warsaw Treaty Organization have led to a huge reduction of some models of heavy weapons. At the same time, the local conflicts in numerous areas have led to practically unrestricted proliferation of infantry weapons and problem of antipersonnel mines.

The disarmament after cold war is characterized by an unusual speed.  About 1995, the share of military expenditures in relation to volume of national income decreased from 5 % up to 2, 6 %, as compared with 1987, which was the year of peak military expenditures. The NATO countries and the countries of former Warsaw Treaty faced the necessity to demilitarize and reduce a huge number of armaments. Excessively swollen military budgets and armies decrease, they successively come to the size required by the international security realities.. At the same time, the enormous reserves of redundant armaments, many of them are rather sophisticated and up-to-date systems, as well as the surplus materials and technology of double purpose are threatening the non-proliferation efforts, because the system for monitoring of transfers of redundant armaments is less detailed as compared with the system for monitoring of transfers of new systems of armaments and military technology. The policy of efficient control over transfers of redundant armaments on international level is not elaborated yet. All this, as a whole, with financing problems, reduction of defense budgets and deployment of conversion programs at the moment when national priority, instead of safety problems, became the economy, makes necessary the substantial reduction and the removal from service of redundant armaments. The sales of these armaments becomes an important financial source of conversion am] efforts on modernization of armed forces. The USA plans of modernization of defense industry led to renouncing a large number of sufficiently high technology armaments, materials technologies and military equipment.

The Gulf War demonstrated, how much the armament should include a high technology in order to he competitive in modern armed conflict. For this reason, many countries -without mentioning organized crime, terrorist organizations and other transnational actors -try to obtain the armament and the military technology originating from two countries, who have been the largest manufacturers of armaments and military technology - USA and Russia.   At the time. when the industrial countries reduce armaments and strive for demilitarization, in developing countries the opposite trend is observed - from 1995, me weapon import by developing countries is growing. A big part of this import are obsolete or redundant armaments, the main part of which they receive from the USA. Many countries receiving the weapons from the USA are involved in armed conflicts or infringe the human rights. In totalitarian countries with repressive form of government the infantry weapons, light armament, projectiles, bombs and rockets can be used to solve inner conflicts. Even non-combat systems - transport and surveillance airplanes and helicopters -are used to determine target location.

Increase of number of redundant armaments in industrial countries and growing militarization of developing countries prove that the proliferation of conventional arms, usually regarded as the lawful tool of foreign policy and defense, will continue. Traditionally, the quantitative analysis of data is used in study of transfers of conventional armaments. The analysis is focused on : armaments number in possession of national armed forces, the volume of export and import of weapons and military equipment, as well as the volume of their production, changes in weapon reserves, as a result of the changes in import, export and national production. Here, the problem of transfers of redundant armaments was not given a due attention. Moreover, the absence of hard prohibitive and restrictive measures in the case of transfers of redundant armaments, will become essential factor of armaments proliferation. This Clause is dealing with the methods of transfers of American redundant conventional armaments and military technology, and also contains some practical recommendations. According to the author's view, the proliferation of conventional arms, together with military industries brains drain, represents a serious threat to the international security.

Redundant armaments transfer as a factor of the US foreign policy

After the Second World War, the USA were transferring free of charge large quantities of non used armaments - armored vehicles, tanks, airplanes, war ships and artillery to Europe and Asia. Some part of this equipment, for example, transport aircraft C-47 and armored carriers M-2 handed over more than 40 years ago in order to counteract the Soviet influence, is still used in Latin America, Asia and Africa.

Upon the end of the cold war, the USA had a large stock of redundant armaments and military equipment. A part of redundant armaments was destroyed or handed over to civil authorities, however, a large part thereof got in foreign armies. From 1990 on the USA have supplied a military technology for the amount of about 7 mlrd dollars, including 3900 heavy tanks and 500 attack airplanes. These transfers were executed mainly to developing countries. A large volume of infantry and light weapons has also been exported.

Free-of-charge deliveries were considered not only as a cheaper method to solve the problem of excess armaments, as compared with their destruction or storage, but also as efficient tool of foreign policy.

Some of free-of-charge deliveries to Greece in 1990-94

In the years 1990-1994, 80% of deliveries of redundant armaments were made free of charge, in 1995, this share dropped to 50%. In 1990, ten countries bought or have received gratis the armaments from the US Defense Ministry, but in 1995, their number grew up to sixty. In this period, the Defense Ministry decided to export armaments and the military technology, estimated at 8,5 mlrd dollars, free of charge or for an extraordinarily low price. Although the real quantity of transfers was made public only in 1993 , according to data of Defense Ministry, in the years 1993-1995, it delivered military technology amounting to ca. 1,9 mlrd dollars.

Some of deliveries were made following definite political goals, for example, to fight against drugtrade, within frameworks of programs of military cooperation, or in participation to peace keeping operations. Nevertheless, the objections arising from the fact, that delivery of excess armaments could lead to human rights violation and complications linked to armaments control, remain quite actual. Although separate transfers can be quite useful, the fears provoked by the growth of redundant armaments deliveries are justified. Among the number of arising difficulties can be mentioned taxation problems, gaps in normative base, the problem of armaments proliferation and the observance of human rights in recipient countries.

Even relatively old military technology, for example, the tanks M-60 and the airplanes F-4, acquired in the years sixty-seventy, can be a weapon serious enough, if they are modernized. For example, hundreds of tanks delivered free of charge to Greece, Turkey, Egypt and Morocco, gave these countries the possibility to create powerful armies. The development of such armed forces without free-of-charge deliveries of redundant armaments would be impossible.

Further trends: the reduction of armed forces

Since 1990, the USA reduced its armed forces almost by third. But even if we don't take into account these reductions related to the end of the cold war, the dynamic military construction of eighties created the enormous stock of weapons, which obviously could not be used. The huge surpluses of armaments were taken out of service in the past five years. Initially were sold weapons acquired and produced in sixties or earlier. However, now, are considered as obsolete and redundant large quantities of weapons being more modern and sophisticated in technical meaning. This armament produced in the years 70-80 has been exploited only few years ago by the American army. Some of equipment was used only during the half, or even less, of their life-cycle. Each army determines according to its opinion, when equipment and the armaments is coming to term, when they can be qualified as redundant, and how dispose of them. With the permits of the Ministry of Defense and Congress, they export the redundant armament, selling it, giving free of charge and leasing. We will present the following examples:

Ground forces

In eighties, the armaments arsenal, including armored vehicles, helicopters, artillery, logistics support and the communication equipment were completely modernized, therefore, more than 3000 transport and combat helicopters and 6000 battle tanks and armored carriers were qualified redundant. Many of them had been exported at extraordinarily low prices or handed over free of charge.

Due to the treaty on reduction of conventional forces, the number of tanks of the US Army in Europe has fallen from 6000 to 1200. In 1990, the USA has delivered free of charge to Egypt 700 tanks M-60 (the initial price 1,3 million dollars per piece). Egypt has paid only transport charges. Other tanks had been delivered to Bahrain, Brazil, Greece, Morocco, Oman, Portugal, Spain, Thailand, Taiwan and Turkey. About 1992, the number of executed and planned transfers of redundant equipment has reached 6000. In September 1993, the USA has organized the exhibition of armaments from the arsenal of the US Army, allowing potential buyers of NATO countries, Egypt, Japan, Israel, Saudi Arabia, Singapore, South Korea and Taiwan to become acquainted with interesting models of weapons and military equipment. Ground forces prepared the offer to foreign armed forces including 600 second-hand attack helicopters AH-1 Cobra and multipurpose helicopters UH-1 Huey.

Air Force

In order to obtain more modern attack and transport aircraft, the USA got rid of large numbers of outdated machines. The Air Force considered as such all FB-111 fighter-bombers and the electronic warfare airplanes EF-111, a large part of F-4 Phantom fighters, above 100 attack aircraft A-10, and several hundreds of F-15 and F-16 of early models. These aeroplanes, produced at the time of confrontation with the USSR, in eighties, until now preserve their potential: F-4 is the aircraft having enjoyed the widest application in the world, one thousand three hundred of F-4 belong to the arsenals of nine countries of the world. F-111, which for the first time has been used during Vietnam war, was used also for bombardments of Libyan capital - Tripoli in 1986. F-15 and F-16, used for destruction of ground targets, and also as interceptors, until now constitute the backbone of American Air Force.

During the last five years, the Air Force has sold or transferred free of charge more than 900 airplanes, including 82 second-hand F-16.  Presently, the USA intends sell 300 early models of F-16 for financing an acquisition of 80-100 new F-16. Among potential customers are Czechia, Poland, Chile and Argentina. Moreover, Jordan obtained in lease sixteen F-16 on extraordinarily favorable terms, as a reward for active participation in the Near East peace process.

Methods of transfer of redundant armaments

The surplus of armaments is sold by the USA (in particular after demilitarization ), handed over, transferred in leasing, as well as sold in debt to foreign armed forces, police, international agencies. Also, as is the case with new armaments, sales and free-of-charge deliveries of redundant armaments are carried out at discretion of executive power - first of all. Pentagon and State Department. The amendments to Foreign Assistance Act of 1961 (Public Law 87-195) endow the US President with legal powers to give military, financial and any other assistance to foreign states. Clause 21, Arms Export Control Act 1976 (Public Law 90-629) permits the USA President to approve direct deliveries directly from the arsenals of the Defense Ministry. The majority of paragraphs of this law concerning the sales of new systems of armaments are also valid for supplies of redundant armaments. For example, as in the case of new systems of armaments, the redundant armaments can been exported only for being used to meet the internal safety requirements, legitimate self-defence or to help the recipient to participate in regional and collective military treaties conforming to UNO regulations. Similarly to the new systems of armaments, the redundant armaments can be delivered only to those countries, the deliveries in which, in the opinion of president, contribute to «security of the USA and the world peace».. In armaments deliveries are taken into account the measures enforcing human rights, combating the terrorism and narcobusiness and restrictions on armaments re-export. In some cases, transfer of redundant armaments requires an approval of or, at any rate, the notice sent to the Congress of USA.

1) concerning problems of threats to security, which appear due to inadequate demilitarization of surpluses of American armaments. See Scott Jones « System of disposal of the US redundant armament. Underestimated threat of proliferation ». Proceedings of the Center of International Trade and Security, University of Georgia State, USA, 1998. The executive power can forward deliveries of redundant armaments in application of four main procedures:

• Transfer of arms and military equipment made available due to the treaty on reduction of conventional forces,

• Sales and free-of-charge deliveries under the program of Defense Ministry - Excess Defense Articles Program (EDA),

• Armaments transfer in leasing and the deliveries accounted to debt of recipient country,

• Deliveries of military technology from the Defense Ministry arsenals, approved by the President.

Deliveries within frameworks of EDA program

In this Clause we will take into consideration the deliveries within framework of EDA program. A big part of deliveries of redundant armaments of Defense Ministry is carried out under the EDA program. Although the program has been commenced as far back as 1976, namely in the last five years the quantity and the value of the goods transferred within its framework have considerably grown, as well as the number of countries qualified to receive weapons following this principle.

Clause 644 (g) of the law on assistance to foreign states (Foreign Assistance Act) defines EDA as «armaments (excluding the equipment, which can be used for building), being a US government property, being not acquired for military assistance or sales, which are redundant comparing to needs of the Defense Ministry.

T he ground forces decide, which ground-based systems are in excess of needs of defence, the Navy - which ships are redundant, and the Air Force validates the airplanes redundancy. The armies are also responsible for the evaluation of redundant armaments price. The directives of the Defense Ministry imply the estimation of redundant armaments at the time of delivery at the level of five to fifty percent of initial Pentagon outlays depending on age and actual state of weapons. The flexibility of evaluation methods and the imprecise formulations have led to constant underevaluation of the worth of military technology. The verification of the pricing systems applied to determination of price on the redundant armaments in Air Force, for example, made by General Accounting Office, GAO, has highlighted, that the military technology, as a rule was estimated 30 % lower than its real value. Much more often, redundant armaments were transferred completely free of charge. In 1990-1994, 80 % of the total redundant armaments have been given free of charge, in 1995 accounting year, only half of armaments deliveries bore a commercial character. During deliveries of subsidized equipment, the recipient usually paid for the containerization and the transportation of technology, the installation and after-sale service. The exemptions were made for poor countries and nearest allies, which sometimes did not pay even for the transportation.

U ntil last time, Pentagon did not disclose any data concerning executed deliveries of redundant armaments (often the recipients were refusing armaments offered). According to legislation, the volume of delivery should not exceed 250 million dollars per year (here, the price paid by Pentagon at the purchase of armaments is referred to), wherefrom ships with ship armament were excluded, as well as any deliveries, which should be noticed to the Congress, and which fall under the Foreign Military Sales program (FMS). According to information furnished to Congress by Pentagon, during several past years, were delivered annually military equipment for more than 500 million dollars - excess values are probably explained by a big number of ships amongst deliveries.

I n deliveries of redundant armaments the business procedure of transaction is similar to that applied to sales of new systems of armaments under the FMS program. It begins by filing a demand at the US Defense Ministry by the government or the appropriate organization wishing to obtain the American military technology. The request is sent to Ground Force, Navy or Air Force, or else to Logistic Command (Defense Logistic Agency), depending on the type of required equipment. These structures ascertain, whether it is possible to meet the demand by a delivery of redundant armaments.

A ccording to Clause 502A of Foreign Assistance Act (FAA), the redundant armaments « should be supplied as frequently as possible, in order to avoid deliveries of new systems of armaments ».. However, this Clause had to be amended under pressure of American Military Industrial Complex. In 1993, Congress modified the law regulating armaments deliveries under the EDA program, so that the President «previously takes into consideration the impact of redundant armaments transfers on the national technological and industrial base, first of all, in what degree these transfers reduce the possibilities of industry and organizations developing arms and military technology to sell a new military technology to the country whereto the transfer of redundant military technology is executed».. Thus, the Defense Ministry turned out to be the competitor of American companies trying to sell the same goods and services.

N onetheless, even if in the first place it was recommended to sell redundant armaments, to conclude the deal it was necessary to overcome at least two obstacles. First of all, the EDA Coordination Committee was supposed to approve the deliveries. The Committee tasks comprise the evaluation of military characteristics presented in the demand of the recipient country, as well as the capability to make a good use of the requested military technology. The regional balance of forces is considered and consequences for the foreign policy. In the compositions of that body earlier were included only the representatives of the Ministry of Defense and State Department, but recently it was entered by the representatives of the ministry of trade in order to defend interests of military industry.

W hen the Coordination Committee recognizes the necessity of delivery. Pentagon's Defense and Security Cooperation Agency shall formally notify Congress about future export transaction. Except for cases of Congress' refusal, the Defense Ministry is empowered to execute deliveries for the most part of equipment within 15-30 days following written notice. The transfers of naval weapons and equipment are treated separately. Congress should pass the law permitting the export sale or subsidized delivery of any war ship, the age of which is less than 20 years. In such cases, the Navy usually provides Congress with a project of legislative act, and Congress approves without objections this request.

F AA approves subsidized deliveries of redundant military technology to different States under the EDA program for variety of reasons. Initially they were allowed in 1986 as the aid to poorer NATO member countries. Clause 516 enabled Greece, Italy, Portugal, Spain and Turkey to obtain free of charge redundant armaments. Presently, the number of beneficiary States has been considerably extended. In 1988, «a majority of allies being not NATO members» (Egypt and Israel) began to obtain free of charge military equipment, in 1991 several more allied countries were added after the Gulf War. The list of countries eligible for subsidized deliveries of military technology includes today Bahrein, Egypt, Greece, Israel, Jordan, Morocco, Oman, Portugal, Senegal and Turkey. As result of improvement of economic situation in Spain and Italy, these countries have been excluded from the list subsidized deliveries of military technology, although they take advantage of privileges buying at lower prices. If sanctions will be lifted from Pakistan, prohibiting the arms supply, this country will be included in the list of recipients of redundant military technology.

A lthough the overwhelming part of deliveries of redundant equipment under the EDA program is determined by the Clause 516, Congress and the executive powers in recent years have also added some other conditions under which the deliveries of weapons are carried out. In 1989, Congress added the Clause 517 to FAA, which authorizes subsidized transfers to the countries of Latin America and Caribbean Gulf. Clause 517 also foresees some restrictions on weapons deliveries. They are allowed to countries, the governments of which are leading combat against narcobusiness, are democratic and armed force of which ‘’are not involved in incidents linked to human rights violations». The armaments recipient has to prove, that the military technology will be used “first of all to fight with narcobusiness, and not to suppress inner opposition”.. Moreover, such deliveries are limited to the amount of ten million of dollars per year (here, the initial purchase price is referred to), and countries receiving the assistance according to Clause 517 cannot benefit from armaments according to Clauses 51" and 519. One of most striking examples of redundant armaments transfers according to this clause is Columbia.

I n 1990, Congress also added Clause 519 to FAA, which authorizes subsidized transfers of surplus non combat systems to any government having requested and justified the foreign military financing in the course of preceding accounting year. In 1993, according to this addendum, the number of countries receiving the military aid from the USA, has increased. After Clause 516, this is the clause most often used in subsidized deliveries. Argentina having received free of charge 90 airplanes in the past five years, has benefited from this amendment. Thanks to this amendment airplanes have also been received free of charge by the following countries Bahrein, Bangladesh, Botswana, Ethiopia, Hungary, Philippines, Romania, Tunis, Uruguay and Zimbabwe. Clause 520 of FAA permitting deliveries of redundant armaments for peace-keeping operations was added in 1994. This clause authorizes armaments deliveries to regional and international organizations to which belong the USA. According to this clause, the armaments deliveries are considered as the US membership fees in the UNO activities. According to data of Defense Security Assistance Agency, deliveries according to this clause have never been executed.

T he laws adopted recently have increased the possibility to obtain redundant armaments by some other countries. The law about financing of military operations in 1995 accounting year (Public Law 103-306) enabled Jordan to obtain additional infantry weapons and ammunitions, Albania - the non-combat types of redundant armaments. The law NATO Partnership Act with financing ascertained within frames of Defense Ministry budget (Public Law 103-335) allows to acquire the redundant armaments by Poland, Hungary and Czechia in order to upgrade their armed forces in accordance with the NATO standards. The opportunity to finance foreign states in 1996 accounting year (Public Law 104-107) has permitted Latvia, Lithuania and Estonia to obtain any kind of redundant armaments (until then they could get only non-combat systems).

Conclusions

I n 1990, ten countries have received free of charge or bought the redundant armaments at the US Defense Ministry. Five years later, the number of such countries has grown up to sixty. In this period. Pentagon has offered free of charge or at preferential prices the armaments and military technology worth the amount exceeding 8,5 milliard dollars. The figures concerning volumes of executed deliveries were disclosed only in 1993. According to data of the Defense Ministry, during years 1993-1995, under EDA program have been transferred worth 1,9 milliard dollars. Deliveries of redundant armaments will be continued and would constitute a substantial part of the USA cooperation in the area of security during several subsequent years, at any rate until the armaments being left after cold war will become definitely obsolete. Simultaneously with savings made by the armed forces selling old and redundant armament, this efficient and profitable from economic point of view and profitable practice collides with some difficulties. It is not reasonable to transfer weapons only in order to modernize our own army, when the process of disposal of surplus weapons generates a regional arms race or reinforces repressive regimes. In order to rationalize the distribution of redundant armaments and increase the awareness about the impact of deliveries at the national and international levels, the US government should :

• keep the complete accounting of all deliveries of redundant armaments,

• reinforce the export control and bring the transparency in laws about demilitarization,

• encourage multilateral efforts aimed at prevention of redundant armaments proliferation,

• fix and control the maximal annual quantity of redundant armaments delivered within frames of EDA program,

• forbid deliveries of redundant armaments to countries ruled by repressive regimes.