ETAN Denounces Plans to Sell Lethal Equipment to Indonesian
Expresses Alarm at Expanding Engagement
For Immediate Release
Contact: John M. Miller (718) 596-7668; (917) 690-4391 (cell)
Karen Orenstein (202) 544-6911
March 29 - The East Timor and Indonesia Action Network (ETAN)
denounced today's formal notice that the Department of State will
consider provision of lethal military equipment to Indonesia. ETAN
called it a major step undermining military reform and justice for
the people of Indonesia and East Timor.
The notice appeared in today's Federal Register
stating "that requests for the export or retransfer of lethal
defense articles to Indonesia (and defense services related to such
lethal defense articles) pursuant to section 38 of the Arms Export
Control Act will be considered on a case-by-case basis."
“The Bush administration’s imprudent rush to expand assistance to
the Indonesian military (TNI) is alarming and short-sighted,” said
Karen Orenstein, National Coordinator of ETAN.
“As the cycle of impunity continues unabated in
Indonesia, the State Department is set to resume lethal defense
exports. The floodgates of assistance seem to be open,” said
Orenstein. “Where is the ‘carefully calibrated’ approach toward
aiding the TNI that the State Department promised last November
after it waived congressional restrictions? Was the State
Department’s professed commitment to human rights and justice reform
in Indonesia when it justified the waiver simply hollow rhetoric?”
In February, the Bush administration proposed
a six and a half
fold increase in Foreign Military Financing for Indonesia.
Testifying in the Senate
in early March,
Admiral William F. Fallon, Commander of the U.S. Pacific Command,
urged a “rapid, concerted infusion of assistance” to the Indonesian
U.S. needs a forward-looking policy toward Indonesia that promotes
genuine accountability for human rights crimes and real reform of
its corrupt military. Providing military assistance will undermine
both," said Orenstein.
Last November, the Department of State
issued a waiver removing
all remaining congressional restrictions on U.S. military assistance
to Indonesia. Congress had imposed various restrictions since 1992.
East Timor's Commission for Reception, Truth and Reconciliation
has called on countries to make military assistance to Indonesia
"totally conditional on progress towards full democratization, the
subordination of the military to the rule of law and civilian
government, and strict adherence with international human rights..."
ETAN advocates for democracy, justice and human rights for East
Timor and Indonesia. ETAN calls for an international tribunal to
prosecute crimes against humanity committed in East Timor from 1975
to 1999 and for continued restrictions on U.S. military assistance
to Indonesia until there is genuine reform of its security forces.
For additional background, see www.etan.org.
Human Rights First:
Secretary Rice Should Raise Human Rights in Talks with Indonesian
U.S.-Indonesia Military Assistance page
[Federal Register: March 29, 2006 (Volume 71, Number 60)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF STATE
[Public Notice 5354]
Bureau of Political-Military Affairs: Export of Lethal Defense
Articles/Defense Services to Indonesia
AGENCY: Department of State.
SUMMARY: Notice is hereby given that requests for the export or
retransfer of lethal defense articles to Indonesia (and defense
services related to such lethal defense articles) pursuant to section
38 of the Arms Export Control Act will be considered on a case-by-case
DATES: Effective Date: March 29, 2006.
FOR FURTHER INFORMATION CONTACT: Mr. James Juraska, Office of Defense
Trade Controls Policy, Department of State, Telephone (202) 663-22860
or Fax (202) 261-8199.
SUPPLEMENTARY INFORMATION: It is the policy of the U.S. Government,
effective as of March 17, 2006, to consider on a case-by-case basis
applications for the export of lethal defense articles and related
defense services to Indonesia. Section 599F(b) of the FY 2006 Foreign
Operations, Export Financing and Related Programs Appropriations Act
allows for the issuance of licenses for the export of lethal defense
articles for the Indonesian Armed Forces should the Secretary of State
waive, as being in the national security interest of the United States,
legislative requirements for certification of certain conditions
pertaining to Indonesia. Such a waiver was signed on November 16, 2005.
The Department has also determined that it shall be U.S. Government
policy to consider on a case-by-case basis applications for the export
of lethal defense articles and related defense services to Indonesia.
Previously, Federal Register Notices were published on October 14,
1999 (64 FR 55805), January 25, 2001 (66 FR 7836), and March 22, 2001
(66 FR 16085), that set forth a policy of denial for new export
requests for Indonesia and suspended all licenses and approvals to
export or otherwise transfer defense articles and defense services to
Indonesia, except for certain exports related to commercial
communication satellites and Y2K compliance activities that were not
for the Indonesian military; permitted review, on a case-by-case basis,
of requests for the export of C-130 spare parts to Indonesia, including
for the Government of Indonesia; and, expanded the review, on a case-
by-case basis, to defense articles/defense services exported to
Indonesia for ultimate end-use by a third-country, respectively.
Further changes to the export policy toward Indonesia were
reflected in a Federal Register Notice published on December 18, 2001
(66 FR 65235) that expanded the categories of defense articles/defense
services eligible for consideration for export/transfer to Indonesia,
on a case-by-case basis, to include: (a) Non-lethal defense articles
and spare parts; and (b) non-lethal, safety-of-use spare parts for
lethal end-items. For purposes of that Notice, ``non-lethal defense
articles'' meant an item not a weapon, ammunition, or other equipment
or material designed to inflict serious bodily harm or death (see,
e.g., 10 U.S.C. 2557). Examples of safety-of-use items were cartridge
actuated devices, propellant actuated devices, and technical manuals
for military aircraft for purposes of enhancing the safety of the
aircraft crew. No distinction was made between Indonesia's existing and
This Notice expands what may be authorized for export to Indonesia
to include lethal defense articles controlled on the U.S. Munitions
List, as well as defense services related to the export of such lethal
defense articles. Applications for such exports will be considered on a
case-by-case basis in accordance with standard practice.
This action is taken pursuant to Sections 38 and 42 of the Arms
Export Control Act (22 U.S.C. 2778, 2791) and Sec. 126.7 of the ITAR
in furtherance of the foreign policy of the United States.
Dated: March 22, 2006.
Gregory M. Suchan,
Acting Assistant Secretary, Bureau of Political Military Affairs,
Department of State.
[FR Doc. E6-4555 Filed 3-28-06; 8:45 am]
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