Easing Arms Exports

Fumio Kishida administration made a Cabinet decision on Friday for revising the principles on arms transfer, enabling the government to export lethal weapons for the first time. National Security Council loosened the regulations for exporting the weapons produced in Japan with the license from foreign enterprises. While the government took a distance from constitutional pacifism regarding with instability of international relations, it is doubtful that the decisions are endorsed by public support. 

Japan has been careful in exporting arms not to encourage international conflicts in the post-war era. Former Prime Minister Eisaku Sato announced Three Principles on Arms Exports in 1967, which prohibited exports of arms to 1) communist bloc countries, 2) countries subject to arms exports embargo under U.N. Security Council’s resolutions, and 3) countries involved in or likely to be involved in international conflicts. Japan, as a peace-loving country, also announced in 1976 that it would restrict its arms exports to other areas not included in Three Principles.

 

It was Shinzo Abe administration which fundamentally changed that traditional arms control policy of Japan in 2014. The principles were replaced to Three Principles on Transfer of Defense Equipment and Technology, which Japan stepped into the controlled transfer of defense equipment under three conditions: clarification of cases where transfers are prohibited, limitation of cases where transfers may be permitted as well as strict examination and information disclosure, and ensuring appropriate control regarding extra-purpose use or transfer to third parties.

 

While the principle in 2014 excluded the transfer of lethal weapons, Kishida administration eased the restriction on them, including missiles or ammunition. In the cases that a company in Japan produces defense equipment with license of foreign company, the company in Japan can export to any country which is the home of the license. Japan currently has 79 items for the licensed production of 8 countries. Those lethal weapons can be transferred to the third party except the one waging actual battle.

 

There has been a request from United States to enable exports of licensed products. Japan is going to export Patriot surface-to-air missile to U.S., supplementing U.S. shortage of the equipment which has been provided to Ukraine. Although the principle in 2014 limited the transfer to five categories, which were rescue, transport, warning, vigilance and minesweeping, Japan is going to supply lethal weapons whenever they are needed for those five purposes or for self-defense.

 

Adding to a new category of called “official security assistance” introduced in National Security Strategy last December, Kishida administration further mitigated the security restriction based on pacifism. The revision of three principles on transferring defense equipment was made by a dozen of lawmakers with the leading parties, omitting deliberation in the Diet. Considering low approval rate for Kishida cabinet, which is around 20% in the polls, the decision cannot be said as supported broadly.