The Justice Department filed a forfeiture complaint against two mission crew trainers (MCTs) that were interdicted in transit from the Test Flying Academy of South Africa (TFASA) to the People’s Republic of China’s (PRC) People’s Liberation Army (PLA). The MCTs are mobile classrooms intended to assist the PLA to train personnel on the use of airborne warning and control system and anti-submarine warfare aircraft.
“TFASA masquerades as a civilian flight-training academy when in fact it is a significant enabler of the Chinese air and naval forces and a pipeline for transferring NATO aviation expertise, operational knowledge, and restricted technology directly to the People’s Liberation Army,” said Assistant Attorney General for National Security John A. Eisenberg. “The National Security Division will continue to act decisively to preserve the U.S. military’s qualitative edge by preventing U.S. technology from falling into the hands of our adversaries.”
“This seizure demonstrates the ongoing threat that China and its enablers pose to the national security of the United States through the unlawful procurement of U.S. military technology,” said U.S. Attorney Jeanine Pirro for the District of Columbia. “The Department of Justice and our law enforcement partners continue to be steadfast in our commitment to use every lawful tool available to keep this critical technology out of the hands of our adversaries.”
“The Test Flying Academy of South Africa illegally exported U.S. military flight simulator technology and recruited former NATO pilots for the purpose of training China’s military, jeopardizing U.S. national security and placing the lives of American service members at risk,” said Assistant Director Roman Rozhavsky of the FBI’s Counterintelligence and Espionage Division. “The U.S. government will pursue every avenue available to defend the homeland, protect our warfighters, and hold accountable anyone who aids our adversaries.”
“TFASA’s continued attempts to leverage our nation’s military expertise and software gravely threaten United States’ national security interests and the lives of American service members around the globe,” said FBI Acting Assistant Director in Charge Vanessa Tibbits. “May today’s disruption reflect the FBI’s unwavering commitment to protect our country from foreign adversaries.”
“This successful interdiction highlights the critical role HSI plays in safeguarding U.S. national security and preventing sensitive technology from reaching adversarial military forces,” said Special Agent in Charge Ricky J. Patel of Homeland Security Investigations New York. “By disrupting the transfer of advanced anti-submarine warfare training equipment to the Chinese military, HSI New York and our partners denied adversaries access to vital U.S. tactics and capabilities and, in turn, protected vital American interests. I commend HSI New York and our law enforcement counterparts for their steadfast commitment to countering illicit procurement networks and defending the integrity of U.S. defense technology worldwide.”
As described in the complaint, TFASA is a South Africa-based company that specialized in military flight testing and training through facilities in South Africa and China. TFASA was founded in 2003 with the support of the South African government to facilitate cooperation with China. According to its website, “TFASA Flight Test Services” trained Chinese military pilots for fixed wing and rotary wing aircraft to North Atlantic Treaty Organization (NATO) training standards.
According to court documents, the MCTs and associated software were designed and manufactured, using U.S.-origin software and defense technical data, by TFASA. The purpose of the MCT project – dubbed “Project Elgar” by TFASA personnel – was to train PLA aviators on anti-submarine warfare techniques, expanding their capability to locate and track U.S. submarines working in the Pacific.
The MCTs’ layout was modelled after the P-8 Poseidon, which is manufactured by Boeing and serves as the United States’ primary anti-submarine warfare maritime patrol aircraft. The MCTs were designed to run software specially designed by TFASA for Project Elgar. The software used a basic flight simulator program designed and marketed by a U.S. company, which TFASA software engineers then enhanced using technical data relating to Western anti-submarine warfare aircraft, including the P-8 Poseidon. Former NATO aviators with training in anti-submarine warfare techniques were part of TFASA’s Project Elgar team.
This interdiction is the latest instance implicating TFASA in its role as a primary trainer of the PLA. In June 2023, the Department of Commerce added TFASA and numerous of its subsidiaries and affiliates in South Africa and elsewhere to the Entity List “for providing training to Chinese military pilots using Western and NATO sources,” which the Department of Commerce noted was “contrary to U.S. national security and foreign policy interests.”
This interdiction of the MCTs is a product of the U.S. government’s coordinated effort to stop the PLA and its enablers from further threatening U.S. national security. The forfeiture action comes as China, Russia, and Iran began a week of joint naval exercises in South Africa’s waters on Saturday, January 10.
The FBI and HSI New York Field Offices and the Department of Commerce, Bureau of Industry and Security are leading the investigation of TFASA and its activities.
Assistant U.S. Attorneys Steven B. Wasserman and Rick Blaylock, Jr. for the District of Columbia and Trial Attorney Sean Heiden of the National Security Division’s Counterintelligence and Export Control Section are litigating the case.
The burden to prove forfeitability in a forfeiture proceeding is upon the government.