Introduction

Over the past 20 years, the United States military has accumulated the most combat experience of any armed force in the world. Foreign powers in competition with the U.S. are aware of this operational advantage and actively seek to close the experience gap. Many Department of Defense (DoD) servicemembers who joined the military early in the Global War on Terror have either retired or will be retiring soon. They are being recruited by other nations and corporations with lucrative job offers that leverage their experience both on and off the battlefield. In many cases, the companies they are working for appear to be American or affiliated with countries allied with the U.S. However, veteran servicemembers may also be taking jobs with nation-state threat actors.

Historical Context

Historically, the U.S. has supported other nations prior to wars with diplomatic, economic, and military assistance. Active and veteran personnel have a history of supporting, advising, and training foreign militaries. For example, in 1914, before the U.S. entered World War I, Americans began crossing into Canada to receive military training and volunteer to fight for foreign militaries, including the French Foreign Legion. After Japan attacked China in 1937, Americans served as observers, advisors, and recruiters for foreign air forces. There were also DoD and Department of State civilian employees and contractors who assisted with logistics, policymaking, and training for the fledgling Republic of Vietnam before American involvement in the war.^[1],[2],[3]

The current wars in Ukraine and Israel have seen veterans of the U.S. Armed Forces traveling overseas to take part in these conflicts. American veterans have also supported foreign nations on their own through various non-governmental organizations (NGOs), volunteer efforts, initiatives aimed at humanitarian aid, community development, and educational programs.^{[4],[5],[6],[7],[8],[9]}

A Legal Perspective

Before a retired or veteran servicemember can begin working for a foreign government, they are required to receive approval from the Secretary of Defense and the Secretary of State. This is covered under the Emoluments Clause of the U.S. Constitution and federal law. The Emoluments Clause states that, to preserve national security and prevent conflicts of interest, this approval is required before the servicemember takes a job with a foreign government. The filing and approval requirements must be followed closely, or the DoD may withhold benefits and retirement pay. Statutory enforcement is limited, and there is still a lack of internal policing on this matter. Individuals are expected to act in a manner that would not risk operational security, but they are not required to report their work after the initial background investigation. As a result, once former servicemembers acquire approval permitting them to work for foreign powers, the U.S. Government has no awareness of what may be shared. This creates an obvious and difficult-to-detect national security risk.^{[10],[11],[12]}

Often, former servicemembers work for U.S. companies that support foreign governments or corporations and educational institutions that are controlled, owned, or operated by a foreign government. This requires the same waiver process by the Secretary of State and the Secretary of the servicemember’s military branch. In this manner, hundreds of retired servicemembers have received approval to work for foreign governments.^{[10],[11],[12]}

There are several other laws that apply to foreign military service. The Neutrality Act of 1794 prohibits persons within the jurisdiction of the U.S. from enlisting in foreign militaries. Violations of the Neutrality Act are punishable by fines, imprisonment of not more than three (3) years, or both. While the law applies to those within the U.S., it does not apply to those who enlist while they are in another country. Treason (18 U.S.C. 2381) would apply to a U.S. citizen who supports a foreign entity at war or in conflict with the U.S. American citizens can be expatriated for voluntarily committing acts designated by Congress. Voluntary service in the armed forces of a foreign state is an expatriating act, resulting in the loss of U.S. citizenship if those armed forces are engaged in hostilities against the U.S. or the individual. serves as a commissioned or non-commissioned officer. Notably, these laws have rarely been enforced.^[10]

During the Global War on Terror, including the War in Afghanistan and Operation Iraqi Freedom, the U.S. military became dependent on civilian contractors at levels never before seen. By October 2020, 43,800 contractors were serving in the CENTCOM area of operations, compared to 15,000 DoD personnel. Many contractors were prior servicemembers who had already deployed and who returned under lucrative contracts as instructors, security personnel, and technical support. However, some contractors have decided to work for other nations, not all of whom are allied with American interests.^[13],[14]

Virtually all retirees and most veterans have clearances prior to beginning work for a foreign entity. This creates an opportunity for unauthorized disclosure of classified information. Clearance holders are responsible for safeguarding classified information, including its transmittal, destruction, storage, distribution, handling, and accounting thereof. Once veterans are no longer associated with the department or agency that granted their clearance, there is no oversight or reporting process for the U.S. government to track mishandlings or unauthorized disclosures. Even if a robust system were in place, it would likely be reactive in nature as preventative measures would be difficult, if not impossible, to implement. Veterans also have broad experience and skillsets that may or may not be explicitly classified, but these tactics, techniques, and procedures can be leveraged by foreign nations and used against American interests.^[15]

Case Study: U.S. Veterans in Middle East

The United Arab Emirates (UAE) has contracted many American veterans of the Global War on Terror to advise and train its personnel. Between 2015 and 2022, some 280 military retirees sought federal authorization to work there. At the time, requests to work for the UAE exceeded those for any other nation in the world. Many were retired General and Flag Officers. There were also an estimated hundreds more veterans already employed by the UAE and by state-owned companies. Most of these veterans did not serve until retirement and did not have to seek federal permission. They are often given double or triple what similar jobs would have earned in the U.S.^[16]

Improvements in the martial proficiency of the UAE’s military may have helped the country to send troops into civil wars in Yemen and Libya. These conflicts led to questions about human rights violations. The armed forces of the UAE have imprisoned journalists, human rights activists, and other critics in show trials widely condemned by the international community. At the same time, U.S. veterans were being authorized by the Department of State and DoD to work for the UAE, the Emiratis joined OPEC efforts to reduce global oil production, contrary to American interests. UAE has also been scrutinized by the Justice Department for allegedly interfering in U.S. elections and politics. In 2022, a U.S. intelligence report showed that the UAE made extensive efforts to influence U.S. politics via lobbying firms and to exploit lax and unenforced disclosure laws.^{[16],[17],[18]}

Case Study: China Seeks U.S. Military Experience.

China’s People’s Liberation Army (PLA) continues to aggressively recruit U.S. veterans. The PRC aims to recruit personnel to “train the trainer” and bolster its doctrinal shortcomings. China’s last major military campaign was approximately 45 years ago, during the Sino-Vietnamese War of 1979, in which its air and naval forces played little to no role. Pending a possible major military conflict in Taiwan, China understands that its key military forces have not had any combat experience or any effective overhaul in doctrine and tactics in decades. Despite its buildup of forces and the looming possibility of an invasion of Taiwan, Beijing continues to struggle with air operations, pilot proficiency, and tactics that would help it to circumvent U.S. forces, should they directly support Taiwan. This makes the experience of veteran U.S. pilots a much-desired skillset that is essential to overcoming experience gaps.^{[19],[20],[21]}

In June 2024, the “Five Eyes” intelligence-sharing coalition released a joint threat bulletin highlighting the PLA’s recruitment of current and former military personnel from North Atlantic Treaty Organization (NATO) nations and other Western countries to help improve China’s military capabilities. Air operations personnel, flight engineers, and former military pilots are the most in-demand targets. According to the coalition of Australia, Canada, New Zealand, the United Kingdom, and the U.S., the PLA uses private firms or professional networking sites to conceal their relationship, paying exorbitant salaries, and offering recruits the opportunity to fly “exotic aircraft.” China also sends its servicemembers to private defense and aerospace companies worldwide. These entities, such as the Test Flying Academy of South Africa (TFASA), Beijing China Aviation Technology Co. (BCAT), Paramount Group, and Stratos, train in a multitude of disciplines in land, air, and sea operations.^[22],[23]

A recent extradition ruling in Australia involving a former U.S. Marine highlights China’s initiative to gain insight into American military tactics and deploy a more robust fleet of aircraft carriers amid increasing aggression toward Taiwan and tensions in the South China Sea. In May 2024, an Australian magistrate ruled that a former U.S. Marine, a naturalized Australian citizen, could be extradited to the U.S. to face charges related to training Chinese military pilots. In October 2022, the former servicemember was arrested by Australian federal police for training Chinese military pilots to land on aircraft carriers between November 2009 and November 2012. According to a 2017 indictment, he conspired with the TFASA to export defense services. Open-source reporting indicates that potential charges in the U.S. include money laundering and breaking arms control law.^{[19],[24],[25],[26]}

Outlook

Historical precedence for U.S. veterans supporting militaries and wartime efforts of other nations date back to the nation’s founding. The Global War on Terror saw a sharp rise in the widespread use of contractors, creating an environment where American veterans commanded high salaries in the U.S. and abroad. The terrorist groups in that conflict were not and are not near-peer competitors. There was less concerns of the illicit sharing of information and experience with other nations. However, this new era of great power competition has near-peer nation-state militaries seeking to challenge the U.S. as the last remaining superpower.

While technology, equipment and doctrine can all be developed, experience can only be earned. The U.S. military has paid the high price to earn the most combat experience in the world. Foreign actors will continue to aggressively seek out this knowledge and experience to close the gap with the U.S. military. The large amounts of money involved creates a potential conflict of interest, with American military experience being sold to the highest bidder. The legally and ethically gray area created by contractors over the last two (2) decades has fostered confusion about support for foreign governments. Greater oversight and enforcement of current laws can ensure that information is not being shared with foreign governments that are or may become competitors to the U.S. As a cleared contracting firm, RMC’s team is trained to meet and exceed the information and operational security requirements to protect the information of our government and commercial clients.  RMC’s Intelligence and Climate Analysis Division will continue to monitor relevant developments and the implications for U.S. national security.

[1] The National World War I Museum. (n.d.) The Volunteers: Americans Join World War I, 1914-1919. Retrieved from https://www.theworldwar.org/exhibitions/volunteers-americans-join-world-war-i-1914-1919.

[2] National Archives and Records Administration. (n.d.) A Prelude to War: The Flying Tigers. Retrieved from https://www.archives.gov/exhibits/a_people_at_war/prelude_to_war/flying_tigers.html.

[3] Nelson, A. (2013, July). Just Good Advice: The American Advisors in the Vietnam War. The University of Southern Mississippi. Retrieved from https://aquila.usm.edu/cgi/viewcontent.cgi?article=1187&context=honors_theses.

[4] Southards, C. (2023, November 29). Ukraine, Israel, Yemen…American Veterans Increasingly Serving in Overseas Conflicts. Department of California American Legion. Retrieved from https://calegion.org/ukraine-israel-yemenamerican-veterans-are-increasingly-serving-in-overseas-conflicts/.

[5] Cook, E. (2024, February 22). Americans Can Now Join Ukraine’s National Guard Zelensky Says. Newsweek. Retrieved from https://www.newsweek.com/ukraine-war-americans-fighters-military-russia-zelensky-1872314.

[6] Israeli Defense Forces. (n.d.) How to Join Us and Voluntary Programs. Retrieved from https://www.idf.il/en/mini-sites/how-to-join-us-and-voluntary-programs/how-to-join/.

[7] Fautre, W. (2024, March 29). HRWF. Retrieved from https://hrwf.eu/world-the-role-of-ngos-to-protect-civilians-in-armed-conflicts/.

[8] Stowe, C. (2022, July 11). U.S. – Vietnam Relations, the Legacy of War, and the Role of NGOs. GlobalWA. Retrieved from https://globalwa.org/2022/07/u-s-vietnam-relations-the-legacy-of-war-and-the-role-of-ngos/.

[9] Team Rubicon. (2020, January 13). Veteran-Led Disaster Response and Humanitarian Group Team Rubicon Commemorates “A Decade of Service and Grit”. PR Newswire. Retrieved from https://www.prnewswire.com/news-releases/veteran-led-disaster-response-and-humanitarian-group-team-rubicon-commemorates-a-decade-of-service-and-grit-300985302.html.

[10] Congressional Research Service. (2022, March 28). U.S. Nationals and Foreign Military Service. CRS. Retrieved from https://crsreports.congress.gov/product/pdf/IF/IF12068.

[11] Mitchell, E. (2023, June 20). Senators Introduce Bill Restricting Retired Troops’ Work for Foreign Governments. The Hill. Retrieved from https://thehill.com/policy/defense/4059497-senators-introduce-bill-restricting-retired-troops-work-for-foreign-governments/.

[12] Kness, R. (2017, June 30). Working for a Contractor or Foreign Government after Military Service. ClearanceJobs.com. Retrieved from https://news.clearancejobs.com/2017/06/30/working-contractor-foreign-government-military-service/.

[13] Cancian, M. (2021, August 30). In Afghanistan, Contractors were Unsung Heroes of US Efforts. Breaking Defense. Retrieved from https://breakingdefense.com/2021/08/in-afghanistan-contractors-were-unsung-heroes-of-us-efforts/.

[14] Mazzarino, A. (2023, May 16). The Unseen Soldiers of America’s Privatized Wars. The Nation Magazine. Retrieved from https://www.thenation.com/article/world/private-contract-soldiers/.

[15] Congressional Research Service. (2023, February 2). The Protection of Classified Information: The Legal Framework. Congressional Research Service. Retrieved from https://crsreports.congress.gov/product/pdf/RS/RS21900.

[16] Whitlock, C and Jones, N. (2022, October 18). UAE Relied on Expertise of Retired U.S. Troops to Beef up its Military. The Washington Post. Retrieved from https://www.washingtonpost.com/investigations/interactive/2022/uae-military-us-veterans/.

[17] HRW. (2021, January 13). UAE: Reality of Abuses Contradicts Tolerance Rhetoric. HRW. Retrieved from https://www.hrw.org/news/2021/01/13/uae-reality-abuses-contradicts-tolerance-rhetoric.

[18] Middle East Eye. (2022, November 13). US intelligence report claims UAE ‘meddled in American politics’. MEE. Retrieved from https://www.middleeasteye.net/news/uae-meddled-american-politics-us-intelligence-report-claims.

[19] Perez, Z. (2024, June 07). US, Allied Intel Agencies Warn Pilots to Avoid Chinese Recruitment. Military Times. Retrieved from https://www.militarytimes.com/news/your-military/2024/06/07/us-allied-intel-agencies-warn-pilots-to-avoid-chinese-recruitment/.

[20] Gin, C. M. (2016). How China Wins: A Case Study of the 1979 Sino-Vietnamese War. US Army Command and General Staff College Press. Retrieved from https://www.armyupress.army.mil/Portals/7/combat-studies-institute/csi-books/how-china-wins.pdf.

[21] Lillis, K. B. (2024, June 05). US and Allies Warn China is Intensifying its Efforts to Recruit Western Military Pilots. CNN. Retrieved from https://www.cnn.com/2024/06/05/politics/us-and-allies-warn-china-recruit-pilots/index.html.

[22] Novelly, T. (2024, June 06). China is ‘Aggressively Recruiting’ Pilots from the US and NATO Countries, Intelligence Agencies Warn. Military.com. Retrieved from https://www.military.com/daily-news/2024/06/06/china-aggressively-recruiting-pilots-us-and-nato-countries-intelligence-agencies-warn.html.

[23] The National Counterintelligence and Security Center. (2024, June 5). Safeguarding Our Military Expertise: Foreign Companies Continue to Recruit Current and Former Western Service Members to Bolster the PRC’s Military. DNI. Retrieved from https://www.dni.gov/files/NCSC/documents/products/Safeguarding_Our_Military_Expertise.pdf.

[24] Bennett, B. (2024, June 5). U.S. Cracks Down on Former ‘Top Gun’ Pilots Found to Be Training China’s Air Force. Time. Retrieved from https://time.com/6985561/top-gun-pilots-china/.

[25] Whiteman, H. (2024, May 24). Ex-US Marines fighter pilot loses bid to block extradition to the United States over China training allegations. CNN. Retrieved from https://www.cnn.com/2024/05/24/australia/daniel-duggan-us-extradition-hearing-intl-hnk/index.html.

[26] Needham, K. (2024, May 24). Former US Marine pilot can be extradited, Australian magistrate rules. Stars and Stripes. Retrieved from https://www.stripes.com/theaters/us/2024-05-24/former-marine-pilot-extradition-13960410.html.