Japanese arms-export ban explained

The Japanese arms-export ban, known as the Three Arms Exports Ban,[1] was a de facto law that governed Japanese export of military hardware outside of the country.[2] The export ban was eased on 1 April 2014 by Shinzo Abe during his second term as prime minister.[3]

The basis of the ban was the Three Principles on Arms Exports (Japanese: 武器輸出三原則|Buki-yushutsu-sangensoku) adopted by the National Diet of Japan in 1967 dealing with situations in which arms could not be exported from Japan.[4] The three principles were that arms exports were not allowed to go to:

  1. Communist bloc countries
  2. Countries under arms-exports embargo under United Nations Security Council resolutions
  3. Countries involved in or likely to be involved in international conflicts

History

After World War II

After the end of World War II, Japan exported some Mitsubishi Type 73 light truck (Kyū) jeeps to the Philippines[5] and to South Vietnam.[6] These vehicles were mostly provided through US foreign aid.

Vietnam war

As it had done during the Korean War in the 1950s, during the Vietnam War in the 1960s, Japan sold a large amount of materials to American forces. In 1966, it was reported by the Xinhua News Agency that up to 92% of the napalm being used in Vietnam was manufactured in Japan, and Nippon Yushi Corporation in Aichi prefecture was the suspected manufacturer. The company denied it was producing napalm, but the secretary-general of the plant's union stated that "almost anyone" could produce napalm using the chemicals produced by the company.

Mainichi Shimbun found no proof that napalm bombs were being produced in Japan, but in 1966 the United States did ask for 4,000 Korean War-era napalm bombs at a former US Air Force base to be handed back.[7]

Tightening of restrictions

In 1976, the government of Japan announced that arms exports not restricted by the three principles would also be restrained. Aside from some technology transfers to the United States, Japan banned all arms exports. However, after the Japan Air Self-Defense Force retired their Lockheed F-104J/DJ Starfighter aircraft, thirty-six of them were provided to the Taiwanese Air Force.[8] [9] [10] [11] [12]

Exceptions

Maritime patrol boat exports

Tokyo has granted exceptions for exporting Japanese-made patrol boats. The Japanese Ministry of Foreign Affairs justified its case by providing ODA assistance to Indonesia for securing the Strait of Malacca in June 2003 and February 2004.[13] As these boats were made with bulletproof material, it falls under military vessels under the Export Trade Control Ordinance.[13] An agreement with Jakarta was necessary to ensure that the boats will not be exported to another country and the boats will be used for anti-piracy and law enforcement scenarios.[13] Three patrol boats were made by Sumidagawa Shipyard for the Indonesian National Police's National Police Water Unit.[14] In 2009, a maritime radar system and additional patrol boats were sold to Jakarta.[15]

Other ODA grants were also done with the construction of patrol boats made by Sumidagawa Shipyard for Djibouti, Malaysia and Sri Lanka.[16]

Soryu submarines

In October 2012 Japan made moves to sell s to Australia,[17] [18] but this deal was never consummated.

2013 UNMISS Sudan incident

South Korean soldiers in Bor, South Sudan were aided by JGSDF soldiers deployed to South Sudan as part of UNMISS when ammunition supplies were exhausted during an attack from December 19 to 22, 2013.[19] During a National Security Council meeting, they ruled that JGSDF forces should provide ammunition to their South Korean counterparts.[19] This aid was a "Contribution in Kind" scenario,[20] which went unused and was returned.[21]

Abe abates restrictions

On April 1, 2014, the total ban on arms exports was ended by the government of Prime Minister Shinzo Abe[22] [23] under the Three Principles on Arms Exports to the Three Principles on Defense Equipment Transfers (Japanese: 防衛装備移転三原則|Bōei-sōbi-iten-sangensoku)[24] according to the guidelines of the National Security Strategy adopted on December 17, 2013.[25]

Effect of abatement policy

Following this abatement, in 2015 Japan made moves to sell Kawasaki P-1 maritime patrol aircraft to the United Kingdom and New Zealand,[26] [27] but these attempts were not successful.

In 2017 the SDF Law was amended to allow the sale of JSDF equipment at prices lower than the JSDF's original purchase price.[28]

On 6 November 2022, it was reported that Tokyo had considered the exports of used JSDF main battle tanks (MBTs) and missile systems to friendly countries,[29] and on 4 January 2023, it was reported that the government considered allowing military hardware that has dual use, such as radars or dual-use ports, to friendly countries, and included the export for UN peacekeeping or humanitarian operations as a possibility.[30]

On December 7, 2023, it was reported that the LDP agreed to expand the rules on providing Ukraine with military equipment based on the guidelines.[31] They also agreed to permanently allow all non-lethal equipment to be exported.[31]

Arms exports

India

As early as 2014, efforts are made to sell the ShinMaywa US-2 military flying boats to India.[32] [33] As of 2021, the deal was stalled due to disagreements on price.[34]

On 15 October 2022, the Second Kishida Cabinet (Reshuffled) announced that they would sell the Unicorn stealth antenna technology to the Indian military.[35]

Indonesia

Patrol boats were donated to Indonesia in June 2006 before the ban was eased.[36]

In 2015, it's reported that Indonesia has considered the ShinMaywa US-2.http://www.navyrecognition.com/index.php/naval-news/naval-news-archive/year-2015-news/april-2015-navy-naval-forces-defense-industry-technology-maritime-security-global-news/2579-indonesian-navy-tni-al-may-procure-japans-shinmaywa-us-2-amphibious-aircraft.html

In November 2020 it was reported that Japan planned to export four Mogami-class frigates to Indonesia, with another four to be built in Indonesia under a ¥300 billion contract.[37]

Philippines

In 2016, it was reported that the JMSDF planned to lease at least five TC-90 aircraft to the Philippines to conduct maritime patrols.[38] [39] [40] From November 2016 to November 2017, six Philippine Navy pilots were trained to fly the aircraft at Tokushima Airport. Maintenance staff were also trained.[41] [42] [43] Two aircraft were transferred free of charge in March 2017,[44] and three more were to be transferred in 2018.[45] The aircraft were ultimately donated rather than leased.[46]

The JGSDF retired its Bell UH-1 helicopters in 2012. The Philippines had planned to buy 16 new Bell 412 EPI helicopters from Canada, but the deal collapsed because the Trudeau government was concerned about how the helicopters would be used.[47] In 2017, Japan offered to supply around 40,000 spare parts for UH-1H aircraft to the Philippines.[48] [49] In 2018, it was announced that Japan would supply the parts to the Philippines free of charge.[50] In March 2019, it was reported that an initial delivery of parts to the Philippine Air Force had been made and more parts were to arrive in August 2019.[51]

According to Defense Secretary Delfin Lorenzana, the Philippines is the first ASEAN nation to get military equipment from Japan.[52]

On 4 October 2022, it was announced that an aerial surveillance radar under a contract by Mitsubishi Electric Corp had been completed and will be delivered;[53] this is based on a bid won in March 2020 to provide the FPS-3 and TPS-P14 radar system.[54]

On 19 December 2022, the Second Kishida Cabinet (Reshuffled) announced that Japanese-made UH-1J choppers will be provided to the AFP.[55]

New Zealand

In January 2017, New Zealand expressed interest in the Kawasaki C-2 aircraft and the Kawasaki P-1 maritime patrol aircraft.[56] The P-8 Poseidon was selected instead of the Kawasaki P-1.[57]

Thailand

In 2016, efforts to sell an air-defense radar manufactured by Mitsubishi to Thailand were unsuccessful.[58] [59]

United Arab Emirates

As early as 2017, there were attempts to sell the C-2 to the United Arab Emirates.[60] [61] [62]

Ukraine

On 12 March 2023, the Second Kishida Cabinet (Reshuffled) was reported to be considering to send M270s MLRS to Kyiv.[63] On December 7, 2023, the LDP agreed to revise guideline on providing the Ukrainian military with defense equipment.[31]

United States

Two retired MH-53E helicopters of the Japan Maritime Self-Defense Force were sold to the United States Navy in 2015 for their components. The United States was running short of parts for its own fleet of the aging aircraft.[64] [65]

On December 24, 2018, it was announced that Tokyo was seriously considering selling their F-15s to Washington in order to acquire funds to purchase F-35s.[66] Washington would consider selling the F-15s to friendly countries with weak air forces.[66]

Vietnam

In 2016, Vietnam made informal inquiries on purchasing used JMSDF P-3C aircraft.[67]

In 2020, Japan successfully secured a trade agreement with Vietnam, allowing for the export of Japanese military equipment.[68]

References

Notes and References

  1. 数研出版編集部 『新課程 4ステージ演習ノート 現代社会 解答編』 数研出版、2012年、18頁。
  2. https://www.ndl.go.jp/jp/diet/publication/issue/pdf/0726.pdf. ja:武器輸出三原則－その現況と見直し論議－. 調査と情報-Issue Brief-. National Diet Library. 726. November 1, 2011. ja.
  3. https://thediplomat.com/2015/10/the-truth-about-japans-defense-exports/
  4. Web site: Japan's Policies on the Control of Arms Exports . Ministry of Foreign Affairs of Japan . 2014.
  5. Web site: Mitsubishi Military Jeep Photos . https://web.archive.org/web/20100329145935/http://www.film.queensu.ca/cj3b/World/JapanMilitary.html . August 18, 2008 . March 29, 2010 . 2003 . Redmond . Derek . The CJ3B Page.
  6. Web site: CJ3B-J4 Military Jeeps in Vietnam . https://web.archive.org/web/20100401043418/http://www.film.queensu.ca/Cj3b/Military/Vietnam.html . August 18, 2008 . April 1, 2010 . 2003 . Redmond . Derek . The CJ3B Page.
  7. Book: Large, Stephen S. . Shōwa Japan: 1952–1973 . 1998 . Taylor & Francis . 978-0-415-14322-6.
  8. Web site: ROCAF F-104 Retirement . TaiwanAirPower.org . August 24, 2005 . September 30, 2017 . February 26, 2019 . https://web.archive.org/web/20190226114548/http://www.taiwanairpower.org/history/f104ret.html . dead .
  9. Web site: Preserved in Taiwan . International F-104 Society . September 30, 2017.
  10. Web site: Republic of China Air Force F-104 serial numbers . 916-starfighter.de . Peitzmeier . Hubert . September 30, 2017.
  11. Web site: Chronological Listing of RoCAF Losses & Ejections . Project Get Out and Walk . May 22, 2007 . September 30, 2017 . September 30, 2017 . https://web.archive.org/web/20170930175103/http://www.ejection-history.org.uk/Country-By-Country/Taiwan.htm.
  12. Web site: Japan Drone conversion . Aviation Society Twenthe . https://web.archive.org/web/20170930132348/http://www.lvtwenthe.nl/aangeboden/hanskoning/f-104%20volume%209/f-104%20boekje%20volume%209.pdf . September 30, 2017 . September 30, 2017.
  13. Web site: Provision of Patrol Vessels to Indonesia. 2021-05-11. Ministry of Foreign Affairs of Japan.
  14. Web site: 国際協力支援艇｜建造実績｜墨田川造船株式会社. 2021-05-11. www.sumidagawa.co.jp.
  15. Web site: Japan's Democracy Diplomacy. German Marshall Fund. en.
  16. Web site: Sumidagawa Shipyard Co.,ltd.. 2021-05-11. www.sumidagawa.co.jp. en.
  17. Web site: Australia Likely To Buy Subs From Japan . https://web.archive.org/web/20121015000943/http://www.defenseworld.net/go/defensenews.jsp?id=7611&h=Australia%20Likely%20To%20Buy%20Subs%20From%20Japan . dead . October 15, 2012 . September 27, 2012 . DefenseWorld.net . December 1, 2016.
  18. Web site: Japanese Media Now Openly Talking about Japan-Australia Soryu Deal . Asia Security Watch . New Pacific Institute . February 17, 2013 . 1 December 2016 . February 25, 2013 . https://web.archive.org/web/20130225084247/http://asw.newpacificinstitute.org/?p=11560 . dead .
  19. News: What Did Japan Learn in South Sudan? . Michael . Bosack . The Diplomat . June 10, 2017. September 4, 2018.
  20. Contribution in Kind to the United Nations Mission in the Republic of South Sudan (UNMISS) . February 10, 2014. Ministry of Foreign Affairs of Japan . September 4, 2018.
  21. News: South Korea to return ammunition provided by Japan . December 27, 2013 . The Japan Times. 2020-11-06.
  22. News: Fackler . Martin . Martin Fackler (journalist). April 1, 2014 . Japan Ends Decades-Long Ban on Export of Weapons . . October 13, 2017 .
  23. News: Takenaka . Kiyoshi . April 1, 2014 . Japan relaxes arms export regime to fortify defense . . October 13, 2014 .
  24. News: 武器輸出、包括容認へ 政府が新原則を閣議決定 . ja . . April 1, 2014.
  25. The Three Principles on Transfer of Defense Equipment and Technology . Ministry of Foreign Affairs of Japan . April 1, 2014.
  26. PM pledges £178 billion investment in defence kit . . 23 November 2015.
  27. News: National Security Strategy and Strategic Defence and Security Review. December 1, 2016 . HM Government . November 23, 2015.
  28. Web site: Digest Part III: Initiatives to Protect the Lives and Property of the People as well as Securing the Territorial Land, Water and Airspace; Chapter 1: Effective Deterrence and Response . Defense of Japan 2017 . . September 8, 2018 . https://web.archive.org/web/20180807064846/https://www.mod.go.jp/e/publ/w_paper/pdf/2017/DOJ2017_digest3_web.pdf. 2018-08-07.
  29. Web site: RIEKO . MIKI . 6 November 2022 . Japan weighs allowing secondhand tank and missile exports .
  30. Web site: SHUNSUKE . SHIGETA . 4 January 2023 . Japan weighs providing foreign aid for military-linked projects .
  31. https://www.asahi.com/ajw/articles/15077496
  32. News: Sen. Sudhi Ranjan . For First Time Since World War 2, Japan Will Sell Military Equipment. To India . NDTV . 2 September 2014. 1 December 2016.
  33. Web site: Chandra . Atul . India looks to acquire 18 ShinMaywa US-2 amphibians . Flightglobal . Reed Business Information. 1 December 2016. Bangalore. 4 September 2014.
  34. Web site: Despite defense buildup, Japan's arms industry struggles | the Asahi Shimbun: Breaking News, Japan News and Analysis.
  35. Web site: Japan to export to India stealth antennas equipped on new destroyer .
  36. Web site: Japan's Progressive Approach to Coordinated Capacity Building • Stimson Center . September 4, 2012 .
  37. Web site: Japan plans to export MSDF destroyer to Indonesia . The Japan Times . 5 November 2020 . 3 March 2021. https://web.archive.org/web/20201125030237/https://www.japantimes.co.jp/news/2020/11/05/national/msdf-destroyer-indonesia/. 2020-11-25.
  38. News: Philippines to lease planes from Japan to patrol disputed sea . Mogato . Manuel . March 9, 2016 . Reuters . March 2, 2017.
  39. News: Dancel . Raul . Japan leasing 5 military aircraft to Philippines . . May 4, 2016 . February 2, 2017.
  40. News: Laude . Jaime . Japan to lease 5 surveillance aircraft to Philippines . October 26, 2016 . . March 2, 2017. https://web.archive.org/web/20161027182044/https://www.philstar.com/headlines/2016/10/26/1637480/japan-lease-5-surveillance-aircraft-philippines. 2016-10-27.
  41. News: Japan to train Philippine naval pilots to fly TC-90 aircraft under lease deal . November 22, 2016 . . March 2, 2017.
  42. News: Pendatun. Ihrilyn . Philippine Navy: First Japanese Aircraft TC-90 To Arrive In The Philippines In 2017 . December 13, 2016 . . March 2, 2017 . https://web.archive.org/web/20170303122635/http://www.ibtimes.ph/philippine-navy-first-japanese-aircraft-tc-90-arrive-philippines-2017-5310 . March 3, 2017 . dead .
  43. Web site: Thompson . Paul . JMSDF Commences Philippine Navy TC-90 Training . J-HangarSpace . March 2, 2017 . https://web.archive.org/web/20170303050524/http://www.j-hangarspace.jp/bulletin-board . March 3, 2017.
  44. Web site: 村川海上幕僚長、フィリピン公式訪問で無償譲渡したTC-90を視察 . November 30, 2017 . Fly Team . December 1, 2017 . ja.
  45. News: Philippines receives final three TC-90 aircraft from Japan . Naval Today . March 26, 2018 . July 28, 2018.
  46. News: Mangosing . Frances . March 26, 2018 . PH Navy gets 3 trainer aircraft from Japan . Inquirer.net . July 28, 2018.
  47. News: Mogato . Manuel . Philippines seeks parts from Japan for "Huey" helicopters . Reuters . May 7, 2018 . June 11, 2018.
  48. News: Kelly . Tim . Kubo. Nobuhiro . Exclusive: Japan seeks Southeast Asia clout with chopper parts for Philippines military – sources . Reuters . August 10, 2017 . June 11, 2018.
  49. Web site: What's in the New Japan-Philippines Military Helicopter Deal Chatter? . Parameswaran . Prashanth . May 9, 2018 . . June 11, 2018.
  50. News: Grevatt . Jon . June 3, 2018 . Japan agrees to supply UH-1H parts to Philippines . https://web.archive.org/web/20180607041134/http://www.janes.com/article/80573/japan-agrees-to-supply-uh-1h-parts-to-philippines. 2018-06-07. . Jane's 360 . June 11, 2018.
  51. News: Nepomuceno . Priam . Spare parts donation from Japan to boost PAF Huey fleet . March 19, 2019 . Philippine News Agency. 2020-11-06.
  52. News: Nepomuceno . Priam . PH first ASEAN nation to get excess Japanese defense equipment . March 20, 2019 . Philippine News Agency. 2020-11-06.
  53. Web site: Japan completes radar unit for delivery to the Philippines | the Asahi Shimbun: Breaking News, Japan News and Analysis .
  54. https://asia.nikkei.com/Politics/International-relations/Philippines-buys-Mitsubishi-Electric-radar-in-first-defense-deal
  55. Web site: Japan to donate Huey helicopters to PH Army . December 19, 2022 .
  56. News: Japan in talks with New Zealand for defense aircraft . limited . Nikkei Asian Review . January 3, 2017. 2020-11-06.
  57. News: Greenfield . Charlotte . July 9, 2018 . New Zealand to buy Boeing P-8 patrol planes to boost South Pacific surveillance . Reuters . July 28, 2018.
  58. News: Tokyo hawks air defense radar to Thailand as Beijing cozies up to Bangkok . December 23, 2016 . . April 26, 2017.
  59. Web site: 防衛省、タイ空軍の警戒管制レーダー入札できず 他国製の導入で . July 23, 2018 . Fly Team . July 28, 2018 . ja.
  60. Web site: Dubai Airshow 2021: Japan promotes C-2 to Middle East .
  61. News: UAE reportedly lining up Kawasaki C-2 buy . Jane's 360 . August 29, 2017. https://web.archive.org/web/20180728131703/http://www.janes.com/article/73424/uae-reportedly-lining-up-kawasaki-c-2-buy. 2018-07-28.
  62. News: Brasor . Philip . December 2, 2017 . Japan's plan to export arms is lacking ammo . https://web.archive.org/web/20171203065724/https://www.japantimes.co.jp/news/2017/12/02/national/media-national/japans-plan-export-arms-lacking-ammo/#.WiOggUzP1PY. 2017-12-03 . . December 18, 2017.
  63. https://www.armyrecognition.com/defense_news_march_2023_global_security_army_industry/japan_studies_options_to_export_weapons_to_ukraine_such_as_rocket_launcher_systems.html
  64. News: Hixenbaugh . Mike . May 28, 2015 . U.S. Navy buys old helicopters from Japan for spare parts . . October 13, 2017 . https://web.archive.org/web/20180908092811/https://pilotonline.com/news/military/local/u-s-navy-buys-old-helicopters-from-japan-for-spare/article_218091bf-348f-519d-8237-4742ae14ad9d.html . September 8, 2018.
  65. News: Shalal . Andrea . U.S. to buy parts for MH-53 Sea Dragon helicopters from Japan . . May 27, 2015 . October 13, 2017 .
  66. News: Japan wants to sell old F-15s to US to fund F-35 purchases . limited . December 24, 2018 . Nikkei Asian Review.
  67. https://asia.nikkei.com/Politics/Vietnam-eyes-secondhand-Japanese-defense-gear
  68. Web site: Wozniak. Jakub. Japan and Vietnam Reach Agreement on Arms Exports to Vietnam. Overt Defense. October 20, 2020.

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