State Department on F-16 sale to Turkey: Existing sanctions do not prohibit it

The existing penalties of the CAATSA Act allow the sale of F-16s to Turkey provided the Turkish defense industry will not be a party to the defense contract, it clarifies State Department.

THE Turkey had faced CAATSA sanctions because of it acquisition of the Russian S-400 system. Responding to a question from ERT, a representative of the US Ministry of Foreign Affairs recalled that under the law, sanctions are not imposed against countries but against entities and individuals. As he explained, in the case of Turkey the sanctions were aimed at it Defense Industry Board (SSB) as well as four of its employees.

Given this, the State Department spokesman argued that the CAATSA sanctions allow the sale of the F-16s on the condition that SSB will not be a party to the transaction. The State Department’s response notes that SSB’s name has been changed to “Defense Industry Service». However, it is not clear whether the Turkish defense industry can participate in the contract under its new name. In addition, it is worth noting that a high-ranking delegation of the “Defense Industry Service” arrived in Washington, which held meetings in the Pentagon as part of the Turkish Foreign Minister’s official visit to the American capital.

In response to whether existing CAATSA sanctions cover a potential defense transaction for the F-16s, the State Department spokesman said that “section 231 of CAATSA (Countering America’s Adversaries Through Sanctions Act) requires the United States States to impose mandatory sanctions on any entity or individual found to have knowingly engaged in a significant transaction with Russia’s defense or intelligence services. Sanctions are not imposed on countries, but on specific entities or individuals who knowingly engage in such a transaction.

In the case of Turkey, we imposed sanctions under Article 231 of the CAATSA Act in December 2020 on Turkey’s Defense Industry Bureau (SSB). Sanctions against SSB included a ban on any new licenses for US exports to SSB and freezing the assets of four SSB employees. (Note: SSB’s name was subsequently changed to ‘Defense Industries Service’). The sale of F-16s to Turkey is not prohibited by these CAATSA sanctions, provided that SSB will not be a party to the transaction.”