13 janvier 2021 | International, Aérospatial
By: Joe Gould
WASHINGTON ― A small, 2-year-old nonprofit think tank has taken a step that most advocacy organizations never dare try: It has sued the U.S. State Department to derail a $23 billion arms sale to the United Arab Emirates.
In a legal claim announced last month, the New York Center For Foreign Policy Affairs asserted that the Trump administration failed to provide a reasonable explanation for its decision to sell F-35 fighter jets and other weapons to the UAE, which places it in breach of the Administrative Procedure Act. It has asked the U.S. District Court for the District of Columbia to find the sale invalid.
The case is unusual, as is the theory of the case, but so is the Trump administration's approach to the sale, said Brittany Benowitz, a legal expert on human rights and arms trade.
Such legal challenges rarely succeed, but if this one does, it could halt the deal even if Washington and Abu Dhabi follow through with plans to sign contracts in the waning days of the Trump administration.
“If you can say this deal was executed improperly and the contractor was on notice of that, which they are, then I think you can say it's possible to stop the sale before delivery,” Benowitz said.
The State Department declined to comment on the pending litigation, in line with its policy.
The new lawsuit against the State Department came after a failed attempt in Congress to block the sale of 50 Lockheed Martin-made F-35 aircraft, 18 General Atomics-made MQ–9B Reaper drones and Raytheon Technologies-made munitions.
The Senate narrowly rejected a challenge to the sale amid arguments from the administration that the sales would make the UAE more interoperable with partners and defend itself from “heightened threats from Iran.”
Opponents said the fast-tracked process was incomplete, leaving questions about the security of U.S. weapons technology, the potential of sparking a Middle Eastern arms race, and the potential for the weapons to be used in Yemen and Libya; these arguments were echoed in the lawsuit.
The State Department came under scrutiny for irregularities in a previous sale. Its inspector general, who was later fired, found that a separate “emergency” sale of $8 billion in precision-guided bombs to Saudi Arabia and the UAE failed to “fully assess” or mitigate the risk of civilian casualties in Yemen.
To boot, Saudi Arabia and the UAE reportedly breached arms sale agreements with the U.S. by transferring American materiel to al-Qaida-linked fighters and other militant factions in Yemen. Lawmakers have also called for an an investigation into reporting that the UAE may have transferred American-made Javelin anti-armor missiles to the Libyan National Army in violation of a United Nations arms embargo.
“What we're saying is that the State Department rushed this through without congressional oversight, they didn't follow their own rules and they didn't apply the same metrics that would guide approval to others,” said Justin Russell, the director of the New York Center For Foreign Policy Affairs. The organization conducts advocacy and research on the conflicts in Libya and Yemen.
“Congress tried to block [the sale] on the same merits and when that legislation failed, we said, ‘Wait a minute, we've got to stand up and do something.'”
The Administrative Procedure Act allows a court to “hold unlawful and set aside any agency action ... found to be in arbitrary, capricious, an abseils of discretion or otherwise not in accordance with the law.”
Here, the lawsuit argues the State Department didn't find, as required under the Arms Export Control Act, that the sale “will strengthen the security of the United States and promote world peace” ― or present “a reasoned explanation” for its actions as required by the Administrative Procedure Act.
In 2019, the Campaign Against the Arms Trade won a U.K. Court of Appeal ruling to ban new arms sales to Saudi Arabia. The government has since renewed sales, and CAAT applied for judicial review into the legality of the U.K. government's decision to renew arms sales to Saudi Arabia.
In the U.S., there has not been a successful court case of targeting government-to-government sales in recent years, according to Benowitz. What's also unusual about the New York Center For Foreign Policy Affairs' approach is that it doesn't rely on a human rights argument but rather points to aberrations in the process ― particularly past end-use violations that ought to have have disqualified the UAE, she said.
“There have been court challenges to arms sales in the past on human rights grounds, but this challenge on national security grounds under the Administrative Procedure Act is unprecedented,” she said. “It's rare because we have never had a record of irregularities like the one we have now.”
By Benowitz's reckoning, if a finalized deal is invalidated in the courts and it is found that the deal never should have been entered in the first place, its unlikely the U.S. could be penalized financially by the UAE.
“To get a remedy, or damages, under contract law, you have to have ‘clean hands,' so it would be difficult for the Emiratis to recoup,” she said.
https://www.defensenews.com/congress/2021/01/12/lawsuit-threatens-23b-weapons-sale-to-uae
25 novembre 2022 | International, Aérospatial
The U.S. Air Force has subsequently designated BriteCloud 218 as AN/ALQ-260(V)1, identifying it as an airborne electronic warfare countermeasure
6 mai 2019 | International, Naval
BY MARCUS WEISGERBER Even decades-old aircraft carriers are being mapped onto digital models at Newport News Shipbuilding. NEWPORT NEWS, Va. — When the USS George Washington took shape here in the late 1980s, endless paper blueprints guided the welders and shipfitters of Newport News Shipbuilding. Now, with the aircraft carrier back in a drydock for its midlife overhaul, shipyard workers are laser-scanning its spaces and bulkheads. They're compiling a digital model of the 104,000-ton carrier, which will allow subsequent Nimitz-class projects to be designed and planned on computers. That will help bring the shipyard's carrier-overhaul work in line with its digital design-and-manufacturing processes that are already speeding up construction and maintenance on newer vessels. Newport News executives say these digital shipbuilding concepts are revolutionizing the way ships are designed and built. “We want to leverage technology, learn by doing and really drive it to the deckplates,” Chris Miner, vice president of in-service carriers, said during a tour of the shipyard. This is the future. This isn't about if. This is where we need to go.” This storied shipyard, now a division of Huntington Ingalls Industries, has been building warships for the U.S. Navy for more than 120 years. Some of its buildings are nearly that old, and some of its employees are fifth-generation shipbuilders. But the technology they use to design, build, and overhaul submarines and mammoth aircraft carriers is rapidly changing. Paper schematics are quickly becoming a thing of the past, being replaced by digital blueprints easily accessible to employees on handheld tablets. “The new shipbuilders coming in, they're not looking for you to hand them a 30-page or a 200-page drawing,” Miner said. “We're really transitioning how we train folks and how we do things as far as getting them proficient.” This digital data will “transform the business,” said Miner. The technology is spreading beyond the shipbuilding sector. Boeing used digital tools to design a new pilot training jet for the Air Force and an aerial refueling drone from the Navy. The Air Force is planning to evaluate new engines for its B-52 bombers, nearly six-decade-old planes, using digital tools. The technology is allowing companies to build weapons faster than traditional manufacturing techniques. Engineers here at Newport News Shipbuilding are already using digital blueprints to design ships, but they plan to expand the use of the technology into manufacturing in the coming years. “We want to be able to leverage off all that data and use it,” Miner said. “There's lots of things we can do with that [data].” The USS Gerald Ford — the Navy's newest aircraft carrier and first in its class — was designed using digital data. The Navy's new Columbia-class nuclear submarines are being digitally designed as well. Parts for the future USS Enterprise (CVN 80) — the third Ford-class carrier — are being built digitally. Data from the ship's computerized blueprints are being fed into machines that fabricate parts. “We're seeing over 20 percent improvement in performance,” Miner said. When the Navy announced it would buy two aircraft carriers at the same time, something not done since the 1980s, James Geurts, the head Navy acquisition, said digital design would contribute to “about an 82 percent learning from CVN79 through to CVN 81” — the second through fourth Ford ships. Geurts called the savings “a pretty remarkable accomplishment for the team.” In the future, even more of that data will be pumped directly into the manufacturing robots that cut and weld more and more of a ship's steel parts. “That's the future,” Miner said. “No drawings. They get a tablet. They can visualize it. They can manipulate it, see what it looks like before they even build it.” As shipyard workers here give the George Washington a thorough working-over, they are using laser scanners to create digital blueprints of the ship. These digital blueprints are creating a more efficient workforce and reducing cutting as many as six months from a three-year overhaul, Miner said. The top of its massive island — where sailors drive the ship and control aircraft — has been sliced off. It will be rebuilt in the coming months with a new design that will give the crew a better view of the flight deck. The island already sports a new, sturdier mast that can hold larger antennas and sensors. Shipyard workers lowered it into place in early March. The yard is also combining its digital ship designs with augmented reality gear to allow its designers and production crews to virtually “walk through” the Ford class's spaces. This helped the yard figure out, for example, whether the ship's sections were designed efficiently for maintenance. In addition to robots, the additive manufacturing techniques, like 3D printing, could speed shipbuilding even more and reduce the Navy's need for carrying spare parts on ships. The Navy is testing a valve 3D-printed here. Right now, at a time when the Navy is planning to drastically expand its fleet size, shipyards like Newport News are expanding, but not yet to the levels of the Reagan military buildup of the 1980s. Despite the technology advantages, Miner said people still play essential roles in the manufacturing process. “It's really not about reducing our workforce as much it is about doing more with the workforce we have,” he said. “We're still going to hire people. We still have to ramp up. There's still hands-on things that are always going to have to be done. But it definitely helps us with cycle time to be able to build things quicker” and “enable our workforce to be more efficient.” https://www.defenseone.com/technology/2019/05/robots-and-lasers-are-bringing-shipbuilding-digital-age/156763/
7 juillet 2020 | International, Terrestre
By: Vivek Raghuvanshi NEW DELHI — India has accelerated the domestic and foreign purchase of weapons in the wake of a border clash between Indian and Chinese troops. Sino-Indo relations are suffering after a skirmish with Chinese troops on June 15 in Galwan Valley. India said 20 of its soldiers were killed, as were Chinese soldiers. Chinese officials have not confirmed any casualties. The Defence Acquisition Council on Friday approved a collection of arms procurement projects worth $5.55 billion, including domestic efforts worth $.4.44 billion. DAC is an apex-level body that falls under the purview of the Ministry of Defence. “In the current situation and the need to strengthen the armed forces for the defence of our borders, and in line with our Prime Minister's clarion call for ‘Atma Nirbhar Bharat' [self-sufficient India], the DAC, in its meeting of July 2 held under the chairmanship of Defence Minister Rajnath Singh, accorded approval for capital acquisitions of various platforms and equipment required by the Indian armed forces. Proposals for an approximate cost of $5.55 billion were approved,” the MoD said in a statement. Under the approval, India will upgrade 59 of its MiG-29 aircraft and buy 21 more from Russia for about $1 billion. In addition, India will order 12 Russian-made Su-30MKI fighters from the local state-owned company Hindustan Aeronautics Limited for $1.53 billion. The government has also approved several indigenous development programs, including ammunition for Pinaka multi-barrel rocket launchers; an armaments upgrade of BMP-2 infantry combat vehicles; software-defined radios; Nirbhay land-attack cruise missiles; and Astra beyond-visual-range missiles. The government also approved the emergency purchase of Excalibur artillery rounds for M777 ultralight howitzers from the United States, Igla-S air defense systems from Russia and Spike anti-tank guided missiles from Israel. It's also granted special financial powers that comes with a ceiling of $71.42 million to rapidly buy weapons. But these fast-track purchasing programs will still involve a multi-vendor competition. Twenty-five of these procurement programs are for the Army and the Air Force; 10 are for the Navy. The Army is likely to buy ammunition for its T-90 tanks, BMP-2 vehicles, air defense guns, artillery guns and small arms, as well as rockets, missiles and mortars. The Air Force is likely to buy air-to-air missiles, air to-ground missiles, smart bombs, chaffs, flares and precision-guided munitions. As part of the procurement effort, Indian Defence Minister Rajnath Singh and Defence Secretary Ajay Kumar visited Moscow from June 22-25 and met with Russian Defence Minister Sergei Shoigu, Deputy Prime Minister Yury Borisov and chief of Rosoboronexport Alexander Mikheev. An MoD official said India requested the immediate supply of spare parts for Su-30MKI fighters, Kilo-class submarines and T-90 tanks, as well as the emergency purchase of missiles and specialized ammunition for Russian-origin fighter jets, tanks, warships and submarines. Another MoD official said the Indian government plans to sign defense contracts with Russia worth $800 million to buy weapons and spare parts. DAC-approved projects are expected to be awarded within a year, with technology induction starting after about three years. For fast-track and emergency purchases, induction is to begin within a month and be completed within a year. Ashok Sharma with The Associated Press contributed to this report. https://www.defensenews.com/global/asia-pacific/2020/07/06/india-accelerates-weapons-purchases-in-wake-of-border-clash-with-china/