What is the transfer of defense equipment and technology?
What is the transfer of defense equipment and technology?
Japan has traditionally dealt with arms exports in a careful manner based on the Three Principles on Arms Exports and other related principles. In December 2011, the Chief Cabinet Secretary issued a statement regarding the “Standards for Overseas Transfer of Defense Equipment and Technology”, which established exceptions to the Three Principles on Arms Exports, subject to strict controls, for:
(1) projects related to peace contributions and international cooperation;
(2) projects related to the international joint development and production of defense equipment and other products that contribute to Japan’s security.
However, because the above standards could not be applied to cases involving domestic companies’ participation in international logistics support systems, such as those involved in the production of the F-35, the Secretary issued a statement and made exceptions to the Three Principles on Arms Exports and other related principles.
In response, the government adopted the Three Principles on Transfer of Defense Equipment and Technology and its implementation guidelines in April 2014 based on the National Security Strategy. These principles further clarify the specific standards, procedures, and constraints regarding the transfer of defense equipment and technology, providing transparency both internally and externally.
Under the Three Principles on Transfer of Defense Equipment and Technology, the Ministry of Defense and the Self-Defense Forces will commit more than ever to peace contribution and international cooperation.
Furthermore, by more actively promoting defense equipment and technology cooperation with our ally the United States and other countries, we will more proactively promote measures necessary to maintain regional peace and stability and fully protect Japan.
Outline of the Three Principles on Transfer of Defense Equipment and Technology
- The Three Principles on Transfer of Defense Equipment and Technology comprehensively consolidate our approach to the transfer of defense equipment and technology, that adapts to the new security environment and clarifies the standards and procedures.
- Even under the new principles, Japan’s basic philosophy as a peace-loving nation remains unchanged and does not imply a shift to an aggressive arms export policy; rather, transfers are individually assessed through strict examination.
Clarify cases in which transfers are prohibited, and do not permit transfers when:
- the transfer violates obligations under treaties and other international agreements that Japan has concluded,
- the transfer violates obligations under United Nations Security Council resolutions, or
- the defense equipment and technology are destined for a country party to a conflict.
Limit to cases in which transfers may be permitted and examine them strictly while ensuring transparency.
- When the transfer contributes to active promotion of national security*Only if the transfers have positive meaning from the viewpoint of Japan’s security.
- When the transfer contributes to Japan’s security
・International joint development and production
・Enhancing security and defense cooperation
(e.g., transfer of defense equipment pertaining to rescue, transport, warning, surveillance, and minesweeping)
・Exports necessary for supporting the activities of the Self-Defense Forces and ensuring the safety of Japanese nationals
*Only if the transfers have positive meaning from the viewpoint of Japan’s security.
- To ensure transparency, the government will disclose information on matters deliberated at the National Security Council in accordance with the Act on Access to Information Held by Administrative Organs.
- The government will conduct strict examinations on the appropriateness of the destination and end user, and the extent to which the overseas transfer of such equipment and technology will raise concern for Japan’s security.
Limit to cases in which appropriate control is ensured regarding extra-purpose use or transfer to third parties.
- The government will in principle oblige the government of the recipient country to gain its prior consent regarding extra-purpose use and transfer to third parties. However, in the following cases, appropriate control may be ensured with the confirmation of the control system at the destination.
- Where the transfer is judged to be appropriate for active promotion of peace contribution and international cooperation.
- When the transfer involves participation in an international system for sharing parts, etc.
- When the transfer involves delivery of parts, etc. to a licenser.
Contact
For inquires regarding transfer of defense equipment and technology, please contact the International Planning and Promotion Office International Cooperation Division, Department of Equipment Policy, Acquisition, Technology and Logistics Agency (ATLA).
iten-soudan@ext.atla.mod.go.jp
