Why It Matters

A recent CRS report published on July 14 examines the tangle of statutory restrictions and waiver authorities that would govern any Trump administration effort to restore military ties with Turkey, including a potential sale of F-35 fighter jets.

The stakes are immediate. President Trump stated in July that the U.S. would remove sanctions on Turkey and "certainly consider" selling F-35s to the country. Nine members of Congress responded by co-sponsoring a joint resolution of disapproval targeting a related engine sale to Turkey.

The Big Picture

The first impact is statutory. Congress enacted Section 1245 of the fiscal year 2020 National Defense Authorization Act to prohibit F-35 transfers to Turkey, requiring the executive branch to certify that Turkey no longer possesses the Russian S-400 surface-to-air missile system before any waiver takes effect.

The legal architecture offers the administration multiple pathways to act, though each carries political risk. Under the Countering America’s Adversaries Through Sanctions Act (CAATSA) Section 231, the President can invoke a "modified waiver authority" that bypasses the standard 30-to-60-day congressional review period, requiring only a certification that the activity would not significantly increase the risk of compromising U.S. defense systems. Some lawmakers have signaled they would challenge any such move by filing a joint resolution of disapproval if the administration attempts to "circumvent or waive" CAATSA requirements without what they view as credible legal basis.

The F-35 pathway presents a distinct obstacle. Even if sanctions are lifted via executive action, the statutory ban remains in place. Turkey still physically possesses the S-400, meaning the required certification that Turkey no longer possesses the system cannot be made. Proposals such as Turkey selling the S-400 to Qatar or the UAE have been floated.

The Bottom Line

The administration faces a choice between legal compliance and its stated policy objective. Lifting CAATSA sanctions alone leaves the F-35 prohibition intact unless Turkey removes the S-400 from its territory. Congressional resistance to sanctions relief is already forming, and allied nations including Israel and Greece have communicated concerns about any F-35 transfer.

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