Many people think the main reason Turkey can’t get back into the F-35 fighter jet program is because of CAATSA sanctions. CAATSA stands for the Countering America’s Adversaries Through Sanctions Act.
CAATSA Sanctions: Not the Biggest Problem
It is a US law that punishes countries buying weapons from Russia, like the S-400 air defense system that Turkey bought. Because of CAATSA, the US government can stop arms sales to Turkey.
At first glance, it seems simple: lift CAATSA sanctions, and Turkey can start buying F-35s again. The White House does have the power to lift these sanctions without asking Congress. So, some thought that once the President decides, Turkey’s problems with the F-35 would be solved.
But it’s not that easy.
A More Powerful Law Blocks Turkey’s F-35 Access
There is another law, one that is even more strict. It is part of the National Defense Authorization Act (NDAA) for 2020. This law was introduced by senators James Lankford, Jeanne Shaheen, Thom Tillis, and Chris Van Hollen. It specifically bans Turkey from getting F-35 jets because it bought the Russian S-400 system. The NDAA rule says no F-35s or parts related to the jets can be sent to Turkey unless Turkey no longer “possesses” the S-400 system.
Unlike CAATSA, this law does not let the President simply override or ignore it. That means even if sanctions are lifted under CAATSA, Turkey still cannot receive F-35s because the NDAA rule is in place. The only way around this would be if Congress changes the law or if Turkey somehow stops having the S-400 system.
This rule covers a lot of ground. It bans transferring the jets, their parts, or even the technology and help Turkey would need to keep the F-35 working. It even stops the building of storage places for the jets in Turkey.
Legal Loopholes and Creative Solutions
Because the NDAA law is strict and can’t be easily ignored, the US legal teams have been thinking of clever ways to work around it. The key question is about what “possession” of the S-400 really means.
Some legal experts suggest that if Turkey moves the S-400 system into storage—like putting it away in a secure location inside or even outside the country—it might be argued that Turkey no longer actively “possesses” it. Another idea is if the system is turned off or controlled by someone else, like the US, Turkey could be seen as not truly owning or using it anymore.
This means, without actually removing the S-400 system from Turkey, the US might find a way to say Turkey is no longer in possession of it, making the NDAA restriction less strict. But for this to happen officially, there needs to be a joint certification from top US defense and state officials. They would have to prove to Congress that Turkey does not have the S-400 and promises not to get it again.
So far, no such certification has been made because Turkey still owns the S-400 system. Until that changes, the NDAA law keeps blocking the F-35 sales, no matter what happens with CAATSA.
