De facto law governing exports of military hardware outside of Japan
The Japanese arms-export ban, known as the Three Arms Exports Ban,[1] was a de facto law that governed Japanese export of military hardware outside of the country.[2] The export ban was eased on 1 April 2014 by Shinzo Abe during his second term as prime minister.[3]
The basis of the ban was the Three Principles on Arms Exports (Japanese: 武器輸出三原則, romanized: Buki-yushutsu-sangensoku) adopted by the National Diet of Japan in 1967 dealing with situations in which arms could not be exported from Japan.[4] The three principles were that arms exports were not allowed to go to:[4]
Countries involved in or likely to be involved in international conflicts
History
After World War II
After the end of World War II, Japan exported some Mitsubishi Type 73 light truck (Kyū) jeeps to the Philippines[5] and to South Vietnam.[6] These vehicles were mostly provided through US foreign aid.
Vietnam war
During the Vietnam War in the 1960s, as in the Korean War of the 1950s, Japan supplied a substantial volume of materials to American forces. In 1966, a report from the Xinhua News Agency stated that as much as 92% of the napalm deployed in Vietnam was allegedly manufactured in Japan, with the Nippon Yushi Corporation, based in Aichi Prefecture, identified as the likely manufacturer.[7] The company denied it was producing napalm, but the secretary-general of the plant's union stated that "almost anyone" could produce napalm using the chemicals produced by the company.[7]
Mainichi Shimbun found no proof that napalm bombs were being produced in Japan, but in 1966 the United States did ask for 4,000 Korean War-era napalm bombs at a former US Air Force base to be handed back.[8]
Tokyo has granted exceptions for exporting Japanese-made patrol boats. The Japanese Ministry of Foreign Affairs justified its case by providing ODA assistance to Indonesia for securing the Strait of Malacca in June 2003 and February 2004.[14] As these boats were made with bulletproof material, it falls under military vessels under the Export Trade Control Ordinance.[14] An agreement with Jakarta was necessary to ensure that the boats will not be exported to another country and the boats will be used for anti-piracy and law enforcement scenarios.[14] Three patrol boats were made by Sumidagawa Shipyard for the Indonesian National Police's National Police Water Unit.[15] In 2009, a maritime radar system and additional patrol boats were sold to Jakarta.[16]
Other ODA grants were also done with the construction of patrol boats made by Sumidagawa Shipyard for Djibouti, Malaysia and Sri Lanka.[17]
South Korean soldiers in Bor, South Sudan were aided by JGSDF soldiers deployed to South Sudan as part of UNMISS when ammunition supplies were exhausted during an attack from December 19 to 22, 2013.[20] During a National Security Council meeting, they ruled that JGSDF forces should provide ammunition to their South Korean counterparts.[20] This aid was a "Contribution in Kind" scenario,[21] which went unused and was returned.[22]
On April 1, 2014, the total ban on arms exports was ended by the government of Prime Minister Shinzo Abe[23][24] under the Three Principles on Arms Exports to the
Three Principles on Defense Equipment Transfers (Japanese: 防衛装備移転三原則, romanized: Bōei-sōbi-iten-sangensoku)[25] according to the guidelines of the National Security Strategy adopted on December 17, 2013.[26]
Effect of abatement policy
Following this abatement, in 2015 Japan made moves to sell Kawasaki P-1 maritime patrol aircraft to the United Kingdom and New Zealand,[27][28] but these attempts were not successful.
In 2017, the SDF Law was amended to allow the sale of JSDF equipment at prices lower than the JSDF's original purchase price.[29]
On 6 November 2022, it was reported that Tokyo had considered the exports of used JSDF main battle tanks (MBTs) and missile systems to friendly countries,[30] and on 4 January 2023, it was reported that the government considered allowing military hardware that has dual use, such as radars or dual-use ports, to friendly countries, and included the export for UN peacekeeping or humanitarian operations as a possibility.[31]
On December 7, 2023, it was reported that the LDP agreed to expand the rules on providing Ukraine with military equipment based on the guidelines.[32] They also agreed to permanently allow all non-lethal equipment to be exported.[32]
Arms exports
India
As early as 2014, efforts are made to sell the ShinMaywa US-2 military flying boats to India.[33][34] As of 2021, the deal was stalled due to disagreements on price.[35]
On 15 October 2022, the Second Kishida Cabinet (Reshuffled) announced that they would sell the Unicorn stealth antenna technology to the Indian military.[36] On August 21, 2024, a plan was agreed to transfer the Unicorn antenna during a 2+2 meeting in New Delhi with Indian and Japanese defense/foreign ministers.[37] On August 27, 2024, it was confirmed that the transfer will proceed.[38]
Indonesia
Patrol boats were donated to Indonesia in June 2006 before the ban was eased.[39]
In 2015, it's reported that Indonesia has considered the ShinMaywa US-2.[40]
In November 2020 it was reported that Japan planned to export four Mogami-class frigates to Indonesia, with another four to be built in Indonesia under a ¥300 billion contract.[41] As of August 2024, the Indonesian Navy acquired two Arrowhead 140 frigates and six FREMM frigates.[42]
Philippines
In 2016, it was reported that the JMSDF planned to lease at least five TC-90 aircraft to the Philippines to conduct maritime patrols.[43][44][45] From November 2016 to November 2017, six Philippine Navy pilots were trained to fly the aircraft at Tokushima Airport. Maintenance staff were also trained.[46][47][48] Two aircraft were transferred free of charge in March 2017,[49] and three more were to be transferred in 2018.[50] The aircraft were ultimately donated rather than leased.[51]
The JGSDF retired its Bell UH-1 helicopters in 2012. The Philippines had planned to buy 16 new Bell 412 EPI helicopters from Canada, but the deal collapsed because the Trudeau government was concerned about how the helicopters would be used.[52] In 2017, Japan offered to supply around 40,000 spare parts for UH-1H aircraft to the Philippines.[53][54] In 2018, it was announced that Japan would supply the parts to the Philippines free of charge.[55] In March 2019, it was reported that an initial delivery of parts to the Philippine Air Force had been made and more parts were to arrive in August 2019.[56]
According to Defense Secretary Delfin Lorenzana, the Philippines is the first ASEAN nation to get military equipment from Japan.[57]
On 4 October 2022, it was announced that an aerial surveillance radar under a contract by Mitsubishi Electric Corp had been completed and will be delivered;[58] this is based on a bid won in March 2020 to provide the FPS-3 and TPS-P14 radar system.[59]
In January 2017, New Zealand expressed interest in the Kawasaki C-2 aircraft and the Kawasaki P-1 maritime patrol aircraft.[61] The P-8 Poseidon was selected instead of the Kawasaki P-1.[62]
Thailand
In 2016, efforts to sell an air-defense radar manufactured by Mitsubishi to Thailand were unsuccessful.[63][64]
On 12 March 2023, the Second Kishida Cabinet (Reshuffled) was reported to be considering to send M270sMLRS to Kyiv.[68] On December 7, 2023, the LDP agreed to revise guideline on providing the Ukrainian military with defense equipment.[32]
United States
Two retired MH-53E helicopters of the Japan Maritime Self-Defense Force were sold to the United States Navy in 2015 for their components. The United States was running short of parts for its own fleet of the aging aircraft.[69][70]
On December 24, 2018, it was announced that Tokyo was seriously considering selling their F-15s to Washington in order to acquire funds to purchase F-35s.[71] Washington would consider selling the F-15s to friendly countries with weak air forces.[71]
Vietnam
In 2016, Vietnam made informal inquiries on purchasing used JMSDF P-3C aircraft.[72]
In 2020, Japan successfully secured a trade agreement with Vietnam, allowing for the export of Japanese military equipment.[73]