Trump signals Turkey F-35 transfer as Ankara seeks way past S-400 dispute

Why Trump may have to seek the permission of Congress to allow the sale of F-35s to Turkey unless it gives up its S-400s.

Lockheed Martin F-35A for Turkey

At the NATO summit in Turkey yesterday, Trump announced he plans to lift US sanctions on Turkey and move forward with the transfer of F-35As to the country. This comes after AGN reported that Trump was clearing the way for F110 engines to be exported to Turkey for its upcoming TAI Kaan fighter jet.

Trump indicates he will transfer F-35s to Turkey

While speaking alongside Turkish President Recep Tayyip Erdoğan, Trump said, “I can tell you we’re going to be taking the sanctions off, OK?. I don’t want him to waste his time answering that question. It’s time. We don’t sanction friends.”

USAF F-35A
Photo: USAF

The sanctions are related to the bipartisan 2017 CAATSA Act in Trump’s first term. Trump was opposed to the bill, but it passed in Congress and the Senate with broad support, overriding his potential veto.

For this to happen, it would likely require a resolution on Turkey giving up its S-400s (more below). Ever since purchasing the S-400, Turkey has sought a resolution with Washington.

Even though Turkey has had its S-400 units for around seven years, they have not been integrated into its air defence network, and many components remain in their shipping containers in storage. Talks to transfer them to Ukraine have previously broken down.

Get the latest aerospace defence news here on AGN.

Why Turkey was kicked out of F-35 programme

Turkey was one of the developmental partners (Level 3 partner) of the F-35 programme and previously had a program of record for 100 jets. The first five units were built for Turkey, but were never transferred and remain in the United States.

Israel F-35 Adir
Photo: IDF

Relations with the United States soured after the failed 2016 coup, coupled with a deterioration of security on its border with Syria during the latter’s civil war.

Before purchasing the S-400, Turkey requested NATO Patriot air defence systems to be deployed to the country, with German, Dutch, Spanish, and US units at times being deployed. But Turkey wanted its own solution, rather than being dependent.

However, a deterioration in relations between Washington and Ankara led to Turkey opting to purchase the Russian S-400 air defence system despite Washington’s protests.

The acquisition of the S-400 caused two problems. One was that it violates the 2017 CAATSA Act that sanctions countries purchasing higher-end Russian weapons.

The second issue is that the S-400 is seen as a security risk for the F-35, with the Pentagon worrying it could collect data on the F-35 for Moscow.

Similarly, the UAE’s Chinese Huawei 5G network is seen as a security risk and one of the reasons why deals to sell the jets have fallen through. Around 2019-2020, The War Zone reported that the US even threatened not to base its F-35s in the UK if it continued to roll out the Huawei 5G network.

Questions on whether Trump can transfer F-35s

While the Administration may be able to revive CAATSA sanctions, there is a separate act specifically related to Turkey from Congress.

F-35A lightning II
Photo: USAF

Turkey was removed from the F-35 programme in 2019. In 2020, Congress enshrined the restriction in law with its FY 2020 National Defense Authorization Act (P.L. 116-92).

SEC. 1245. of the act entitled “Limitation on Transfer of F-35 Aircraft to Turkey” expressly bans the transfer of any F-35s to Turkey until it “no longer possesses the S-400 air and missile defense system or any other equipment, materials, or personnel associated with such system.”

Trump has a history of negotiating to sell F-35s during high-end meetings only for provisional agreements to be scuppered. In his first term, Trump announced the sale of 20 F-35As to Egypt and 50 to the UAE. These sales never materialized.

S-400 missiles
Photo: Vitaly V. Kuzmin / Wikimedia

In his second term, Trump surprisingly offered the F-35 to India (which operates S-400s and Su-30MKIs) and has announced the sale of F-35s to Saudi Arabia. Time will tell if the F-35 sale to Saudi Arabia will materialize.

Featured Image: US Air Force

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