CRS INSIGHT
Saudi Military Campaign in Yemen Draws
Congressional Attention to U.S. Arms Sales
August 30, 2016 (IN10557)
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Related Authors
Christopher M. Blanchard
Jeremy M. Sharp
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Christopher M. Blanchard, Specialist in Middle Eastern Affairs (cblanchard@crs.loc.gov, 7-0428)
Jeremy M. Sharp, Specialist in Middle Eastern Affairs (jsharp@crs.loc.gov, 7-8687)
Paul K. Kerr, Specialist in Nonproliferation (pkerr@crs.loc.gov, 7-8693)
Some lawmakers have introduced legislation seeking to condition or prohibit the sale or transfer of certain munitions
and the provision of some U.S. foreign assistance to Saudi Arabia. These proposals have come amid reports of Yemeni
civilian casualties resulting from Saudi-led coalition military operations in Yemen, which resumed in August 2016.
Some lawmakers suggest that U.S. arms sales and military support to Saudi Arabia are enabling alleged Saudi violations
of international humanitarian law. Human rights organizations seek further investigations into the alleged Saudi
violations, and some observers are calling for the suspension of U.S. arms sales and Yemen-related military support to
Saudi Arabia.
Proponents of proposed sales and continued U.S.-Saudi military cooperation have argued that the United States should
provide more advanced U.S. technology and expanded training and intelligence sharing to improve Saudi operations.
Some of these proponents point to Saudi actions to mitigate civilian casualties and investigate alleged violations,
arguing that disrupting U.S. support could threaten Saudi security and jeopardize broader, long-standing defense and
intelligence ties.
Saudi officials acknowledge that their operations have caused undesired civilian casualties, while also alleging that their
adversaries in Yemen intentionally use civilian facilities for military purposes. The Saudi government maintains that its
military campaign is an act of legitimate self-defense, citing its Yemeni adversaries' repeated, deadly cross-border
attacks, including ballistic missile attacks.
The Arms Export Control Act (AECA, 22 U.S.C. 2754) authorizes the sale of U.S. defense articles and services for
specific purposes, including "legitimate self-defense." (See CRS Report R42385, U.S. Defense Articles and Services
Supplied to Foreign Recipients: Restrictions on Their Use.)The AECA (22 U.S.C. 2753) states that recipients may not
use such articles "for purposes other than those for which [they have been] furnished" without prior presidential consent.
The act stipulates that sale agreements entered into after November 29, 1999, must grant the U.S. government the right
to verify "credible reports" that articles have been used for unauthorized purposes. The United States can prohibit sales
or deliveries to recipients found to have used U.S. articles for prohibited purposes by presidential determination or by a
joint resolution of Congress, subject to presidential veto. Congress also may enact legislation to amend or suspend sales
or transfers, subject to presidential veto.
As Yemen's Peace Talks Stall, Saudi-led Coalition Airstrikes Resume
In April 2016, the United Nations helped broker a cessation of hostilities to facilitate intra-Yemeni negotiations in
Kuwait, marking its third attempt at brokering an end to the conflict since the March 2015 Saudi intervention. Sporadic
fighting continued during the recent talks, though the Saudi-led coalition largely refrained from conducting airstrikes in
the Yemeni capital, Sana'a.
The ousted Yemeni government of President Abed Rabbo Mansour Hadi and the opposing alliance of the Houthi
movement and supporters of former president Ali Abdullah Saleh were reportedly close to agreement, but differed over
settlement sequencing in an atmosphere of persistent mutual mistrust. The internationally recognized Hadi government
preferred incremental confidence-building measures through which Houthi-Saleh forces would withdraw from cities and
disarm in accordance with U.N. Security Council Resolution 2216 (April 2015). The Houthi-Saleh alliance refused to
depart Sana'a and sought a comprehensive settlement to legitimize their control over northern Yemen and to secure
Hadi's resignation.
In August 2016, the parties suspended the Kuwait talks and the war intensified. The Obama Administration is calling
"on all parties to cease hostilities immediately," except for defensive operations. The Administration maintains that "the
only solution to Yemen's challenges ... is through peaceful dialogue."
Congressional Scrutiny and Conditionality Proposals
Congressional scrutiny of U.S. arms sales to Saudi Arabia intensified in 2015, amid reports of civilian casualties in
Yemen. When the Obama Administration informally notified Congress of a proposed sale of precision guided munitions
(PGMs) to Saudi Arabia, some Senators sought to delay its formal notification. After the formal notification in
November 2015, Senate Foreign Relations Committee leaders jointly requested that the Administration notify Congress
30 days prior to associated shipments. No related joint resolutions of disapproval were introduced during the 30-
calendar-day consideration period outlined in the AECA (22 U.S.C. 2776).
Legislation was introduced in April 2016 that would place conditions on future proposed sale notifications, previously
approved sales, or transfers of PGMs to Saudi Arabia (S.J.Res. 32 and H.J.Res. 90). These proposals would condition
the sale or transfer of munitions on a presidential certification that the Saudi government is
not aiding U.S.-designated Foreign Terrorist Organizations or Specially Designated Global Terrorists;
complying with its obligations under international humanitarian law;
making demonstrable efforts to facilitate the flow to Yemen of humanitarian aid and non-U.N. sanctioned goods;
and
taking "all necessary measures" to target designated terrorist organizations as part of its military operations.
Proposed amendments to FY2017 defense legislation would have added some similar conditions on the use of funds to
implement sales of PGMs (FY2017 National Defense Authorization Act, S. 2943) or prohibited the transfer of cluster
munitions to Saudi Arabia (Defense Appropriations Act, H.R. 5293). The PGM amendment was not considered, but the
cluster munitions amendment was narrowly defeated in a June 2016 House floor vote. Saudi use of U.S. cluster
munitions in Yemen has been reported, and unnamed U.S. officials indicated that further cluster munitions transfers are
being held (see CRS Report RS22907, Cluster Munitions: Background and Issues for Congress). In August, 60
lawmakers requested that President Obama withdraw a proposed sale of tanks to Saudi Arabia, citing concerns about
Yemen.
In addition, a narrowly rejected committee amendment to the Senate version of the FY2017 Foreign Operations
Appropriations Act (S. 3117) sought to place conditions on International Military Education and Training (IMET)
funding for Saudi Arabia. IMET aid makes the kingdom eligible for discounts on training purchases. Other proposed
legislation echoes the Administration's requests of parties to the conflict.
Outlook
With negotiations stalled, combatants may intensify military operations to improve their negotiating positions. Under
these circumstances, civilian casualties resulting from Saudi operations may draw renewed scrutiny of U.S. support and
proposed sales, even as the Saudis face continuing cross-border attacks. Congressional concerns about alleged violations
of international humanitarian law by Saudi military forces may continue to be considered alongside concerns about
Saudi support for counterterrorism and regional security efforts, the kingdom's stability, and U.S. ties to its future
leaders.