USA: Congressional front against the sale of F16s to Turkey

U.S. lawmakers who are members of the Congressional Caucus on Greece are forming a united front, in order to ensure that the Biden administration does not proceed with the sale or modernization of Turkey’s existing fleet of F-16 fighter jets.

In light of this, members of Congress have introduced a bipartisan amendment to the U.S. defense budget (NDAA), which prohibits the president from transferring weapons to a NATO member that, within the past year, has engaged in repeated violations of the airspace, sovereignty, or territorial integrity of anotherNATO member.

However, the amendment leaves a loophole that allows the president to override the restrictions set forth if he certifies to Congress that doing so is in the vital interest of U.S. national security. In this context, the president must provide a detailed description of the specific measures being taken to ensure that U.S. weapons are not used to violate the sovereignty of another NATO member.

In a joint statement issued by U.S. Representatives Tina Titus, Chris Pappas, Charlie Crist, Carolyn Maloney, Frank Pallone, and John Sarbanis, they acknowledge that Ankara’s retreat from its opposition to Sweden and Finland’s accession to NATO is a welcome development. However, they point out that «over the past decade, Turkey has not been a productive member of NATO, nor a reliable ally of the U.S.» and point out that there are still far too many unresolved issues, which should prevent the transfer of F-16s to Turkey.

Specifically, the U.S. lawmakers emphasize in their joint statement that:

• Turkey remains subject to CAATSA sanctions due to its acquisition of the Russian S-400 system. This legislation does not allow the government to sell a first-line defense system to a country subject to sanctions.

• Turkey has engaged in a series of provocative actions in the Aegean, both through systematic violations of Greek airspace and by flying over the Greek islands.

• The sale and upgrade of the F-16s violated the U.S. Arms Export Control Act, as that law permits the transfer of equipment only for legitimate self-defense operations. Given that the F-16s could be used both in the Aegean Sea and against the Kurds in northern Syria, the lawmakers believe that the necessary conditions stipulated by the law are not met.

• The U.S. government has not provided any information on how it is working to stop Turkey from taking these hostile actions against a U.S. ally (Greece).

The Letter from the Members of Parliament

On June 30, President Biden confirmed his intention to proceed with the sale of F-16 fighter jets to Turkey. In his remarks, he noted that before proceeding with any sale or transfer of weapons, Congress must approve the request.

While Turkey’s softening of its opposition to Sweden and Finland’s accession to NATO is a welcome development, there are still far too many unresolved issues to proceed with the sale of F-16s to the Erdogan government. Over the past decade, Turkey has been neither a productive member of NATO nor a reliable ally of the U.S.

Turkey, specifically the Defense Industries Directorate, remains subject to sanctions under the Countering America’s Adversaries Through Sanctions Act (CAATSA) as a result of its purchase of the Russian S-400 anti-missile defense system. The Biden administration has not provided any answers as to how Turkey would meet the conditions for an exemption from these sanctions or how the administration will mitigate the risks of the F-16s with a Russian weapons system. After all, this is why Turkey withdrew from the F-35 program.

Since early 2022, Turkey has violated the airspace of Greece, a NATO ally, more than 2,377 times, including 120 overflights of Greek territory. Turkey’s provocative actions in the Aegean, as well as its hostile stance toward the Greek government, make it clear that the Turks do not intend to cease these aggressive and destabilizing actions anytime soon.

If the United States were to proceed with the sale of F-16s, American-made fighter jets would undoubtedly be used to violate Greek airspace. This would violate the Arms Export Control Act, which permits the transfer of equipment only for legitimate self-defense operations. Over the past seven months, none of Turkey’s actions in the Aegean Sea related to Greece could be characterized as defensive; rather, they amount to intimidation. The U.S. government has not provided any information on how it is working to stop Turkey from engaging in these hostile actions against a U.S. ally.

Finally, in addition to Turkey’s aggression in the Eastern Mediterranean, President Erdogan announced that he is on the verge of a new invasion of Syria with the specific intention of targeting Kurdish forces in the north. Many of these forces have fought in the past and have assisted U.S. operations in the region. If Turkey were to acquire F-16 fighter jets, they would clearly be used in this new attack against our Syrian Kurdish allies. The administration has not provided any information on how it will ensure that these individuals—on whom we have relied in the past and may need to rely on again in the future— will be protected from weapons deployed by the U.S.

Until the government is able to provide appropriate answers regarding how it intends to address the aforementioned concerns, we will continue to oppose this arms transfer and do everything we can to ensure that these F-16s are not delivered to the Turkish government.