A recent report by the German magazine “Stern” has shed light on the agreements between the US government and the German military regarding the procurement of F-35 fighter jets. According to the report, the US government has reserved significant rights for itself in the contracts.
Under the terms of the agreement, US President Donald Trump has the authority to halt the delivery of the jets at any time if he deems it to be in the national interest of the United States. The jets, produced by Lockheed Martin, are scheduled to be delivered to Germany in 2027 and are expected to play a role in the country’s nuclear sharing arrangements by 2029.
Security experts have expressed concerns that the German military will need to submit all of its mission plans to the US government for approval prior to implementation. The US government, however, does not provide any guarantees or assurances to the German military and the contracts do not include any penalties for non-compliance.
Instead, the US government has established a set of rules, regulations and restrictions through the Foreign Military Sales (FMS) program, which allows for one-sided agreements and can lead to US-dominated deals. The FMS program, for instance, gives the US government the right to terminate or suspend the performance of the contract in whole or in part.
Additionally, the contract allows the US government to unilaterally change the delivery timeline and the number of jets, currently set at 35, at any time. The contract also excludes the possibility of legal recourse in the event of a dispute, with any conflicts to be resolved through negotiations between the German government and the US government.
According to German documents, the possibility of the US government unilaterally changing the delivery timeline and the number of jets is a concern for all parties involved, particularly in light of the political uncertainties in the White House. Security experts have questioned why the German military accepted such conditions, given the significant power that the US government has been granted in the agreement.