July 14, 2021

The Honorable Robert Menendez, Chairman, and The Honorable James E. Risch, Ranking
Member, And Members of the Senate Foreign Relations Committee

The Honorable Jack Reed, Chairman, and The Honorable James Inhofe, Ranking Member
And Members of the Senate Armed Services Committee
United States Senate
Washington, D.C. 20500

Dear Senators:

We are writing to express our deep concerns about the proposed sale of four MQ-9B Sky
Guardian drones and JDAM precision-guided munitions, as well as other weaponry, to
Morocco.

We object to this transfer of offensive military weapons for national security, policy, and
humanitarian reasons.

Selling such weapons to Morocco would violate both the letter and the spirit of the Missile
Technology Control Regime (MTCR) to which the United States has adhered since its inception
in 1987. According to this agreement, which nearly all United States allies have signed, the
exportation of unmanned aerial vehicle systems, such as drones, capable of delivering weapons
of mass destruction, including weapons of chemical and biological warfare, a distance of at
least 300 km with a payload of 500 kg or more, should be denied regardless of the purpose of
the export. According to the specifications supplied by the manufacturer, the MQ-9B Sky
Guardian has a range in excess of 6k nautical miles and a payload capacity of over 2 thousand
kg, well over the limit set by the MTCR. It should be noted that such weapons systems can also
deliver napalm and white phosphorus explosives, weapons prohibited by international
agreements that have been used by Morocco in the past against the people of Western Sahara,
the Sahrawi, and the group that represents them, the Polisario.

Historically U.S. Foreign Military Sales to Morocco have consisted of weapons or logistical
systems for defensive, not offensive, purposes. However, the only possible use of such weapons
by Morocco would be in its conflict with the Polisario, and possibly against Sahrawi citizens
opposed to its oppressive regime in Western Sahara. They could also be used against
neighboring Algeria. Based on documented prior practices by Moroccan security forces it is
unlikely that Morocco would limit the use of these weapons to defensive purposes.

None of the possible uses of these weapons would be in the best interest of the United States or
conform to the policies of the present Administration.
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President Biden has declared that the United States would return to a policy of supporting
human rights and principles of international law. Ever since 1963 Western Sahara (formerly
Spanish Sahara) has been on the United Nations list of Non-Self-Governing Territories whose
people are entitled to self-determination under international law. In 1975 the International Court
of Justice ruled that Morocco had no legal claim to the territory and that the Sahrawi had the
right to decide its future. Despite this, Morocco invaded the territory militarily, setting off a 16
year war with the Polisario, and subjecting the population to serious human rights violations in
the process. In 1990 Morocco finally agreed to allow the Sahrawi to choose whether to be part
of Morocco or an independent state in a referendum to be conducted by the United Nations, and
a ceasefire was declared. However, in 2000 Morocco pulled out of the referendum process and
today fighting has re-commenced between the parties. Permitting Morocco to use US supplied
weapons to suppress the Polisario would only reward Morocco for its consistent and flagrant
refusal to abide by its agreements with the Sahrawi and the international community and
violation of principles of international law.

Any restrictions placed on the use of these weapons systems by Congress would have no effect.
In the past Morocco has ignored any restrictions placed on the use of weapons furnished by the
United States, readily employing them in Western Sahara during its war with the Polisario
despite Congressional restrictions on their use in the territory. The U.S. government has had
concerns about this aspect for decades, stretching back to the 1980s. Audits conducted by the
U.S. government of arms transfers to Morocco in the early 2000s found lapses in hundreds of
records of personnel.

The sale of these weapons systems, moreover, would produce another negative effect – it would
further strain the United States’ relationship with Algeria and likely induce Algeria to increase
its military aid to the Polisario, thereby escalating the current conflict in the region. The mere
presence of these weapons in the region would have a significant destabilizing effect.
Supplying such munitions, JDAMs in particular, could lead to an arms race in North Africa, at
least between Morocco and Algeria, bringing into play outside weapons suppliers who do not
have the interests of either country at heart but who would view this as another theater in the
global struggle. And exporting high-end military articles would work against, not help advance,
U.S. counter-terrorism efforts in the region.

Finally, this sale unintentionally could inject U.S. military personnel and contractors into an
ongoing conflict in North Africa, with the ever-existing possibility of mission creep. Both
systems will require training and support, both civilian and military, from the United States. It
would be ironic if after taking steps to extricate itself from conflicts in the Middle East, the
United States found itself drawn into a conflict in Africa.
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In short, there are no good reasons for permitting Morocco to possess these weapons systems.
We have presented a number of good reasons why the sale should be blocked and Morocco
should be prevented from having them.

As a Member of Congress, you have the legislative authority to block such sales by offering
resolutions of disapproval when the question comes before you.

We respectfully request that you do so, and deny the sale of these weapons to Morocco.

Sincerely yours,
William Fletcher, Co-Chair, Campaign to End the Moroccan Occupation of Western Sahara,
and former President, Trans Africa Forum
Isa Mirza, Senior Human Rights Advisor, Foley Hoag LLP
Jason Poblete, Co Founder and President, The Global Liberty Alliance
Suzanne K. Scholte, Co-Chair, Campaign to End the Moroccan Occupation of Western Sahara,
and President, Defense Forum Foundation
Gare A. Smith, Chair, Global Business & Human Rights Practice, Foley Hoag, LLP
Katlyn Thomas, Former MINURSO Official in Charge of Legal Affairs and Publisher, The
Stealing of the Sahara and Author, The Emperor’s Clothes: The Naked Truth About Western
Sahara

37 Individuals and Organizations from the USA signed in support of this letter including
former Congressional staff for both Democrat and Republican Members of the U.S.
Congress AND former officials who served in the presidencies of Donald J. Trump,
Barack Obama, George H.W. Bush, William J. Clinton, George W. Bush and Ronald
Reagan

20 Individuals and Organizations from the International Community signed in support of

this letter including Members of the British and Australian Parliaments, academicians,
and human rights organizations

(names are withheld from public distribution to protect them from harassment by
Moroccan entities)

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