Iranian Efforts to Obtain Weapons Technology—New Concerns

According to United States Federal law enforcement authorities, Iran “has intensified efforts to illegally obtain weapons technology from the United States, contracting with dealers across the country for spare parts to maintain its aging American-made air force planes, its missile forces and its alleged nuclear weapons program.”^[1] Over the past two years, Iran’s “weapons acquisition program” has expanded dramatically with arms dealers exporting experimental aircraft, machines used for testing steel strength, assembly kits for Iran’s F-14 fleet, and components used in missile systems and fighter-jet engines.^[2]

Stephen Bogni, the acting chief of ICE’s Arms and Strategic Technology Investigations Unit, says that Iran is “looking for more varied and sophisticated technology,” including night-vision equipment, drones, missile technology, and weapons of mass destruction.^[3] Some of these weapons systems may have been demonstrated in recent weeks, such as radar-defeating missiles, rocket-propelled torpedoes,^[4] and stealthy flying boats.^[5] Interestingly enough, at the same time US authorities are obviously raising alarms about Iran’s efforts to obtain weapons and parts, they “have questioned Iran’s assertions about its capabilities.”^[6]

San Diego and Los Angeles are considered “to be the two centers of the illicit Iranian weapons trade.”^[7] While Iran’s armed forces are composed of “aging technology”—such as F-14s, F-5s, F-4s, and C-130s—some officials state that “it’s technology that could still hurt the United States and its allies today.^[8]

In 1995, President Clinton signed an order “effectively prohibiting almost all trade and investment between the two countries.” Executive Order No. 12959 states that exportation from the United States to Iran “of any goods, technology (including technical data or other information subject to the Export Administration Regulations…, or services” is prohibited.^[9] It was partially revoked by Executive Order No. 13059 in 1997. This Executive Order loosened the trade restrictions on Iran somewhat, adding scienter requirements to the prohibitions.^[10] The prohibitions, however, have not kept businesses with ties to Iran from being “on a hunt in the United States for anything that can keep Iran’s military machine moving”; since 2002, “there have been 17 major cases involving the illegal shipment of weapons technology to Iran, outpacing the 15 cases involving China.”^[11]
On March 16, ICE agents arrested Mohammad Fazeli after he allegedly “tried to export a box of pressure sensors [which are normally used in black-box data recorders] to Iran via the United Arab Emirates.”^[12] The following day, Arif Ali Durrani was convicted in San Diego on five counts involving the illegal export of fighter-jet components to Iran.^[13] We previously discussed Mr. Durrani in October. Because Iran seems to be the new primary enemy for the United States, any attempt to export materiel to Iran is going to be viewed as a serious national security violation.

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[1] John Pomfret, Iran Has Raised Efforts to Obtain U.S. Arms Illegally, Officials Say, Wash. Post, Apr. 17, 2006.
[2] Id.
[3] Id.
[4] Id.
[5] Iran Tests “Flying Boat,” Al Jazeera, Apr. 4, 2006.
[6] Id. See also Pomfret, supra note 1.
[7] Pomfret, supra note 1.
[8] Id.
[9] Exec. Order No. 12,959, 60 Fed. Reg. 24,757 (May 6, 1995).
[10] Exec. Order No. 13,059, 62 Fed. Reg. 44,531 (Aug. 21, 1997).
[11] Pomfret, supra note 1.
[12] Id.
[13] Id.