Washington rolls out new policy for international sale of armed US drones

Recipient countries must sign end-use agreements to use the drones for legally sanctioned actions

WASHINGTON: The State Department said on Tuesday it had established new policies for international sales of US drones – military and commercial – as part of a broader review of US drone rules.

The State Department said it would allow exports of a certain category of armed unmanned aerial systems (UAS) under strict conditions to partner nations, including that the sales must be made through government programmes and that recipient nations must agree to certain "end-use assurances," and operate them as per “principles of proper use” in only internationally lawful circumstances.

The new policy will build on the US Conventional Arms Transfer Policy and will govern the international sale, transfer and subsequent use of US-origin drones.

Enhanced controls on the export of US drones

Each drone sale will be deliberated on a case-by-case basis including armed systems, with every potential transfer to be reviewed through the Department of Defense Technology Security and Foreign Disclosure processes.

The drones will only be sold by the US government to other partner governments under the foreign military sales programme with the recipient nation required to agree to end-use assurances. In addition to the assurances by the recipient nations, end-use monitoring and potential additional security conditions will be required.

To preserve its cutting edge and to maintains its commitments under the Missile Technology Control Regime (MTCR), the US will subject transfers of military and commercial systems that cross the threshold of MTCR Category I (UAS that are capable of a range of at least 300 kilometers and are capable of carrying a payload of at least 500 kilograms) to a “strong presumption of denial” for export. However, exports on “rare occasions” that are justified in terms of nonproliferation and export control factors specified in the MTCR Guidelines, will be allowed.

Principles for proper use of US-origin drones

The State Dept further subjected sales to include an agreement with recipient nations on principles for proper use including adherence to international law, humanitarian law and international human rights law when using the drones.

“As the most active user of military UAS, and as an increasing number of nations are acquiring and employing UASs to support a range of missions, the United States has an interest in ensuring that these systems are used lawfully and responsibly,” the statement read.

Armed drones for employing force will only be allowed when there is a lawful basis for use of force under international law, such as national self-defense. The recipient nations will also have to agree to not conduct unlawful surveillance with the drones or unlawful force against domestic population.

Further, recipient nations will need to provide drone operators “technical and doctrinal training” on the use of the system in order to “reduce the risk of unintended injury or damage.”