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The Obama Administration Announces U.S. Arms Sales to Taiwan

 

The US-Taiwan Business Council today welcomed the decision by the U.S. Department of State to announce its approval of possible Foreign Military Sales to Taiwan. The Defense Security Cooperation Agency (DSCA) delivered the required certifications notifying Congress of the proposed Taiwan sales on December 16, 2015.

 

The published Congressional Notifications (transmittal numbers 15-27, 15-44, 15-45, 15-72, 15-74, 16-01, 16-05, and 16-06) were for two of the four FFG-7 Oliver Hazard Perry-class guided missile frigates that that the U.S. authorized by law for transfer to Taiwan a year ago, and associated materials (at a refurbishment and upgrade cost of US$190 million); 36 AAV-7 Assault Amphibious Vehicles (US$375 million); 13 MK 15 Phalanx Block 1B ship defense Close-In Weapon Systems, upgrade kits, ammunition, and support (US$416 million); 208 Javelin guided missiles, technical assistance, logistics, and program support (US$57 million); 769 BGM-71F-series TOW 2B Aero Radio Frequency anti-armor missiles, support, and training (US$268 million); 250 Block I-92F MANPAD Stinger missiles, related equipment and support (US$217 million); Taiwan Advanced Tactical Data Link System (TATDLS) and Link 11 communication systems integration (US$75 million); Follow-on support for Taiwan’s MIDS/LVT-1 and JTIDS previously procured (US$ 120 million).[i]

 

Taiwan is poised to elect a new President on January 16, 2016. The timing of this announcement is therefore useful as a modest signal to China that the U.S. has equities in the peaceful transition of power on the island, and that it supports Taiwan’s democratic system. However, the Taiwan Relations Act states that “the United States will make available to Taiwan such defense articles and defense services in such quantity as may be necessary to enable Taiwan to maintain a sufficient self-defense capability.” In light of this recent sale, the US-Taiwan Business Council poses a number of questions for the Obama Administration:

 

  1. Why did it take over four years to prepare this arms package? The last U.S. arms sale to Taiwan took place on September 21, 2011.
  2. Why isn’t Taiwan being offered any new capabilities to counter changes to the Chinese threat over this period?
  3. What impact are delays in consideration and execution of Taiwan arms requests having on the island’s ability to maintain a sufficient self-defense capability?

 

The contents of the arms package announced today – along with the unprecedented four-year delay since the last arms sale – raises serious questions as to whether it serves as a response commensurate to the threat posed by China’s military. The past four years has seen increased Chinese force modernization efforts, and according to the U.S. Department of Defense “the PLA has developed and deployed military capabilities to coerce Taiwan or to attempt an invasion, if necessary.”[ii]

 

The Obama Administration’s focus on China military-to-military engagement and other initiatives in which China’s cooperation is viewed as crucial, such as on climate change efforts, is directly and negatively impacting U.S. willingness to maintain consistent and credible support for Taiwan’s self-defense. This in turn directly impacts the seriousness with which China views our intentions to assist Taiwan.

 

Council President Rupert Hammond-Chambers noted that “There have been myriad initiatives in U.S.-Taiwan bilateral security relations since the last arms sale in 2011. However, while China has deployed new fighters, submarines, and missiles during the last four years, the U.S. has consistently refused to consider providing Taiwan access to similar platforms, or even aiding their indigenous development.”

 

“In addition, the process for considering, assessing, and processing Taiwan arms sales is broken. The contorted efforts to provide the minimum over an extended period has amounted to long delays and to the U.S. providing only second-hand equipment and additional munitions for systems already in Taiwan’s inventory. The U.S. is placing its China priorities ahead of our legacy and legal requirement to provide for Taiwan’s self-defense. We see no effort to meaningfully address China’s modernization efforts with new capabilities for Taiwan – not because they are unneeded, but because the political cost to China relations is perceived as being too high. Yet that perception was roundly debunked by the Council and Project 2049 in our 2012 report on Chinese reactions to arms sales.”[iii]

 

Hammond-Chambers also said “The process that has seen the bundling of Taiwan arms sales into large packages has run its course. The arbitrary manner in which programs are considered, the absence of a broader strategy for providing Taiwan consistent material support, and the long delays in processing and notifying them to Congress is hampering Taiwan’s ability to mount a serious defense. By bundling programs into packages, the U.S. forces Taiwan to buy all necessary equipment at once rather than in an orderly year-on-year process. If requests go unaddressed for years, or programs are long delayed, how can Taiwan reasonably maintain domestic political support for them, or develop the budget for its ongoing force modernization?”

 

The US-Taiwan Business Council supports the return to a normal and regular process for assessing all Taiwan arms sales requests and sales. Additionally, the Council believes that the bilateral security relationship needs to be clear about what new capabilities should accompany ongoing training and exchanges in aid of Taiwan’s self-defense – including addressing quantitative issues impacting its fighter fleet, its requirement for submarines to complicate Chinese invasion scenarios, as well as further improvements in Taiwan’s missile defense capabilities.

 

[i] As of 1:00 pm on December 16, 2015. For details, see the DSCA website at http://www.dsca.mil/major-arms-sales
[ii] See: “Military and Security Developments Involving the People’s Republic of China 2015” http://www.defense.gov/Portals/1/Documents/pubs/2015_China_Military_Power_Report.pdf
[iii] See: “Chinese Reactions to Taiwan Arms Sales” http://www.us-taiwan.org/reports/2012_chinese_reactions_to_taiwan_arms_sales.pdf

Press Release: The Obama Administration Announces U.S. Arms Sales to Taiwan (PDF)

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Benjamin L. Cardin & John McCain Letter to President Obama Regarding Arms Sales to Taiwan – November 19, 2015

Letter (PDF):

Benjamin L. Cardin & John McCain Letter to President Obama Regarding Arms Sales to Taiwan – November 19, 2015

 

Text of the letter:

November 19, 2015

President Barack Obama
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20515

Dear President Obama,

America’s long-standing commitment to Taiwan is a multifaceted and bipartisan effort that includes many components, all of which must be exercised as we seek to support and safeguard the ability of the people on Taiwan to determine their own future. One critical component is U.S. security assistance and arms sales to Taiwan to help modernize and build the capacity of its armed forces. We believe this support must be more robust.

While recent relations between Taiwan and China have been more encouraging, we remain concerned that China’s ongoing military modernization, and the threat it poses to peace and security in the Taiwan Strait, is not being adequately addressed. We recognize that a great deal of bilateral security cooperation is taking place between the United States and Taiwan, including more than $12 billion worth of U.S. arms sales to Taiwan since the start of your administration. These actions have been welcome. However, we are troubled that it has now been over four years – the longest period since the passage of the Taiwan Relations Act in 1979 – since the administration has notified Congress of a new arms sale package.

The United States must continue to further our interests in cross-Strait stability – a vital component of which is arms sales to Taiwan, pursuant to the Taiwan Relations Act – even when doing so brings short-term tensions in our relationship with China. The United States should develop and implement an ongoing plan for Taiwan’s military modernization, including how the administration plans to address Taiwan’s legitimate requirement for additional new manned fighters and submarines and other self-defense articles and services. Given some of the obstacles with the current approach, we believe that a regular and routine process for the provision of security assistance to Taiwan is essential.

Finally, we believe that it is equally important that Taiwan strive to meet President Ma Ying-jeou’s 2008 commitment to invest at least 3 percent of its annual gross domestic product on defense. We are increasingly concerned that, absent a change in defense spending, Taiwan’s military will continue to be under-resourced and unable to make the investments necessary to maintain a credible deterrent across the strait, especially as its limited defense resources are increasingly constrained by growing military personnel costs.

Consistent with the requirements of the Taiwan Relations Act, which call for regular consultations between the Executive Branch and Congress, we look forward to the opportunity to discuss together how best we can support and strengthen Taiwan’s self-defense capabilities, including any arms sales under consideration or planned.

Sincerely,

Benjamin L. Cardin
United States Senator

John McCain
United States Senator

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Proposed Taiwan Initiatives in the National Defense Authorization Act (NDAA), 2016

Update: November 16, 2015

The original version of the NDAA 2016 bill vas vetoed by the president in October of 2015. On November 10, 2015, the Senate passed the “Motion to Concur in the House Amendment to S. 1356” – sending a new version of the bill (which the House had already passed on November 5, 2015) to the President for signature.

In that House version of the bill, Taiwan is listed as a potential recipient of funds to participate in the new South China Sea Initiative (page 883).

However, during its deliberations on November 5, the House removed all the other Taiwan amendments from both the House and Senate versions of the original bill. During this process, the House also made a statement regarding its views on Taiwan, which was entered into the congressional record. The text of the relevant sections:

 

The House bill contained a provision (sec. 1257) requiring the Secretary of Defense to invite the military forces of Taiwan to participate in the Rim of the Pacific Exercise if the Secretary has invited the military forces of the People’s Republic of China to participate in such maritime exercise.
The Senate amendment contained no similar provision.
The House recedes.
We note the matters addressed in the House provision are addressed elsewhere in the agreement.

 

The Senate amendment contained a provision (sec. 1263) that would express the sense of the Senate on Taiwan’s asymmetric military capabilities and bilateral training activities.
The House bill did not contain a similar provision.
The Senate recedes.

 

The Senate amendment contained a provision (sec. 1264) that would encourage the Secretary of Defense to carry out a program of exchanges of senior military officers and senior officials between the United States and Taiwan to improve military to military relations between the United States and Taiwan. The House bill contained a provision (sec. 1257) that would require the Secretary of Defense to invite the military forces of Taiwan to participate in the Rim of the Pacific Exercise if the Secretary has invited the military forces of the People’s Republic of China. The Senate amendment also contained a provision (sec. 1263) that would express the sense of the Senate on Taiwan’s asymmetric military capabilities and bilateral training activities.

We believe that the United States, in accordance with the Taiwan Relations Act (Public Law 96-8), should continue to make available to Taiwan such defense articles and services as may be necessary to enable Taiwan to maintain a sufficient self-defense. The United States should continue to support the efforts of Taiwan to integrate innovative and asymmetric capabilities to balance the growing military capabilities of the People’s Republic of China, including fast-attack craft, coastal-defense cruise missiles, rapid-runway repair systems, offensive mines, and submarines optimized for defense of the Taiwan straits. With regards to training, we believe the military forces of Taiwan should be permitted to participate in bilateral training activities hosted by the United States that increase credible deterrent capabilities of Taiwan, particularly those that emphasize the defense of Taiwan Island from missile attack, maritime blockade, and amphibious invasion by the People’s Republic of China. Toward this end, we believe that Taiwan should be encouraged to participate in exercises that include realistic air-to-air combat training, including the exercise conducted at Eielson Air Force Base, Alaska, and Nellis Air Force Base, Nevada, commonly referred to as “Red Flag.”

We recommend that the Secretary of Defense carry out a program of exchanges of military officers between the United States and Taiwan designed to improve military-to-military relations between the United States and Taiwan. The officer exchanges should include field-grade officers, particularly officers with combat and specialized experience, and general officers, who can provide support to Taiwan to develop and improve its joint warfighting capabilities.

We also note that section 1259A of the Fiscal Year 2015 National Defense Authorization Act (P.L. 113-291) includes the recommendation on inviting Taiwan to the humanitarian assistance and disaster relief portions of multilateral exercises.

 

The Senate amendment contained a provision (sec. 1264) authorizing the Department of Defense to conduct exchanges between senior military officers and senior officials focused on a variety of subjects between the United States and Taiwan designed to improve military-to-military relations between those two countries.
The House bill contained no similar provision.
The Senate recedes.
We note the matters addressed in the House provision are addressed elsewhere in the agreement.

 
Sources:
The November 5 reconciliations to the bill, along with the statement on Taiwan, start on page H8010 of the congressional record:
https://www.congress.gov/congressional-record/2015/11/05/house-section/article/H7747-5

Text of the final House version, with which the Senate concurred on November 10:
http://docs.house.gov/billsthisweek/20151102/s1356_sus_xml.pdf

 

On May 15, 2015 the U.S. House of Representatives passed its version of the National Defense Authorization Act (NDAA, which provides funding for the U.S. military) for fiscal year 2016. An amendment (#69, included as Section 1257) to the House NDAA bill (H.R. 1735) expressed support for Taiwan participation in the Rim of the Pacific Exercise (RIMPAC) – a large international naval exercise, held every two years off the coast of Hawaii – if China is also invited to participate.

 

Section 1257 of H.R. 1735

SEC. 1257. REQUIREMENT TO INVITE THE MILITARY FORCES OF TAIWAN TO PARTICIPATE IN RIMPAC EXERCISES.

(a) In General.–The Secretary of Defense shall invite the military forces of Taiwan to participate in any maritime exercise known as the Rim of the Pacific Exercise if the Secretary has invited the military forces of the People’s Republic of China to participate in such maritime exercise.
(b) Effective Date.–This section takes effect on the date of the enactment of this Act and applies with respect to any maritime exercise described in subsection (a) that begins on or after such date of enactment.

Source: Congress.gov

 

 

Meanwhile, the U.S. Senate is deliberating its version of the NDAA, which as of May 26, 2015 includes two Taiwan-related initiatives. One is language that would give the Pentagon authority to train and equip “a variety of South China Sea states” for maritime security, and to provide funding to do so. Taiwan is one of several singled out for participation.

In addition, one section of the S. 1376 bill expresses the Senate’s support for “Taiwan Asymmetric Military Capabilities and Bilateral Training Activities”

 

Section 1263 of S. 1376

SEC. 1263. SENSE OF SENATE ON TAIWAN ASYMMETRIC MILITARY CAPABILITIES AND BILATERAL TRAINING ACTIVITIES.

It is the sense of the Senate that—

(1) the United States, in accordance with the Taiwan Relations Act (Public Law 96–8), should continue to make available to Taiwan such defense articles and services as may be necessary to enable Taiwan to maintain a sufficient self-defense;

(2) the United States should continue to support the efforts of Taiwan to integrate innovative and asymmetric measures to balance the growing military capabilities of the People’s Republic of China, including fast-attack craft, coastal-defense cruise missiles, rapid-runway repair systems, offensive mines, and submarines optimized for defense of the Taiwan straits;

(3) the military forces of Taiwan should be permitted to participate in bilateral training activities hosted by the United States that increase credible deterrent capabilities of Taiwan, particularly those that emphasize the defense of Taiwan Island from missile attack, maritime blockade, and amphibious invasion by the People’s Republic of China;

(4) toward that goal, Taiwan should be encouraged to participate in exercises that include realistic air-to-air combat training, including the exercise conducted at Eielson Air Force Base, Alaska, and Nellis Air Force Base, Nevada, commonly referred to as “Red Flag”; and

(5) Taiwan should also be encouraged to participate in advanced bilateral training for its ground forces, Apache attack helicopters, and P–3C surveillance aircraft in island-defense scenarios.

Source: Congress.gov

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2015 – Military and Security Developments Involving the People’s Republic of China

The U.S. Department of Defense has released its annual report to Congress on the military power of China. 2015 – Military and Security Developments Involving the People’s Republic of China (PDF)

One major section (beginning on page 56) is called Force Modernization for a Taiwan Contingency.

 

Security in the Taiwan Strait is largely a function of dynamic interactions between and among mainland China, Taiwan, and the United States. China’s strategy toward Taiwan has been influenced by what it sees as positive developments in Taiwan’s political situation and approach to engagement with China. However, China’s overall strategy continues to incorporate elements of persuasion and coercion to deter or repress the development of political attitudes in Taiwan favoring independence.

China and Taiwan have made progress in expanding cross-Strait trade/economic links and people-to-people contacts. Alongside positive public statements about the Taiwan Strait situation from top leaders in China following the re-election of President Ma Ying-jeou in 2012, there have been no signs that China’s military posture opposite Taiwan has changed significantly.

The PLA has developed and deployed military capabilities to coerce Taiwan or to attempt an invasion, if necessary. These improvements pose major challenges to Taiwan’s security, which has been based historically upon the PLA’s inability to project power across the 100 nm Taiwan Strait, natural geographic advantages of island defense, Taiwan’s armed forces’ technological superiority, and the possibility of U.S. intervention.

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U.S. House Passes H.R. 3470

On April 7, 2014, the U.S. House of Representatives passed  H.R. 3470, the Taiwan Relations Act Affirmation and Naval Vessel Transfer Act of 2014. The legislation reaffirms the U.S. commitment to the Taiwan Relations Act and authorizes the sale of four Oliver Hazard Perry class frigates to Taiwan.
Press Release: Chairman Royce Applauds House Passage of Vital Taiwan Legislation
Video of Chairman Royce’s floor statement

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U.S.-China Economic and Security Review Commission – 2013 Annual Report to Congress

The U.S.-China Economic and Security Review Commission (USCC) was “created by the United States Congress in October 2000 with the legislative mandate to monitor, investigate, and submit to Congress an annual report on the national security implications of the bilateral trade and economic relationship between the United States and the People’s Republic of China, and to provide recommendations, where appropriate, to Congress for legislative and administrative action.”

On November 20, 2013, the USCC released its 2013 annual report to congress. Chapter 3, Section 2 of the report contains analysis on Taiwan, including discussions on cross-Strait relations, Taiwan’s role in the East and South China Sea disputes, and the status of U.S.-Taiwan relations. The report also contains extensive discussion on cross-Strait military and security issues.

Complete Report (PDF, 15MB)
Chapter 3, Section 2: Taiwan (PDF, 1.1MB)

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USCC Report: Taiwan’s Declining Defense Spending Could Jeopardize Military Preparedness

On June 11, 2013 the U.S.-China Economic and Security Review Commission published a research report on Taiwan’s declining defense spending, and how it may affect not only procurement but also the Taiwan military’s modernization efforts and transition to an all-volunteer force.

Staff Research Backgrounder: Taiwan’s Declining Defense Spending Could Jeopardize Military Preparedness

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Information: U.S. Pacific Command

The U.S. Pacific Command (USPACOM) is the supreme military authority for the various branches of the U.S. military serving. Only the President of the U.S. (who is Commander-in-Chief of the Armed Forces) and his council of Joint Chiefs has greater authority. It is the oldest and largest of the unified commands. Based in Honolulu, USPACOM’s sphere of control extends from the west coast of the U.S. mainland to the east coast of Africa, encompassing all of Asia, Australia, East Africa, and the Pacific Rim.

Nimitz-MacArthur Pacific Command Center
USPACOM/J01PA
Box 64031
Camp H.M. Smith, Hawaii 96861
Phone: (808) 477-1341
Website: www.pacom.mil

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Information: U.S. Army

The United States Army is the ground warfare branch of the U.S. military and one of the seven uniformed services of the United States. Established in 1784, it is the oldest and largest branch of the U.S. Armed Forces. The primary mission of the Army is to “to fight and win [America’s] wars by providing prompt, sustained land dominance across the full range of military operations and spectrum of conflict in support of combatant commanders.”

1500 Army Pentagon
Washington, D.C. 20036
Phone: (703) 697-7589
Website: www.army.mil

Security Assistance Command (USASAC)

The U.S. Army Security Assistance Command implements Army security assistance programs, including Foreign Military Sales (FMS) of defense equipment and services to eligible foreign governments. USASAC manages 4,300 FMS cases in 140 allied and friendly countries worldwide.

4402 Martin Road
Redstone Arsenal, Alabama 35898
Phone: (202) 433-6800
Website: www.usasac.army.mil

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Information: U.S. Navy

The United States Navy (USN) is the Naval Warfare branch of the U.S. military and one of the seven uniformed services of the United States. It is the largest navy in the world, with a tonnage that is greater than that of the next 13 largest navies combined. The U.S. Navy also has the world’s largest carrier fleet, with 11 in service, one under construction, and one in reserve.

1200 Navy Pentagon
Washington, D.C. 20350-1200
Phone: (202) 433-5170
Website: www.navy.mil/

Navy International Programs Office

1250 10th Street South East, Building 200
Washington Navy Yard, D.C. 20374
Phone: (202) 433-6800
Email: niporeceptionist@navy.mil
Website: www.nipo.navy.mil

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