VZCZCXYZ0016
PP RUEHWEB

DE RUEHC #7331 2001240
ZNR UUUUU ZZH
P 181236Z JUL 08
FM SECSTATE WASHDC
TO AMEMBASSY CANBERRA PRIORITY 0000

UNCLAS STATE 077331 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PARM MARR PREL UK AS
SUBJECT: Q&A ON NEW DOD CLUSTER MUNITIONS POLICY 
 
REF: A. LONDON 1833 (NOTAL) 
     ¶B. HANLON-BAKER E-MAIL (7/11/2008) 
     ¶C. STATE 73257 
 
¶1.  In response to queries from the United Kingdom,s Foreign 
Commonwealth Office and Australia,s Department of Foreign 
Affairs and Trade (refs A & B) with regard to the new cluster 
munitions policy announced by the United States (ref C), 
Embassies London and Canberra are requested to utilize the 
following guidance, as appropriate.  Mission Geneva also may 
draw on the guidance with other delegations, as appropriate. 
 
Q1. How does DoD define cluster munitions? 
 
The U.S. Government (USG) utilizes a broad, generic 
definition of cluster munitions.  A cluster munition is 
defined as a munition that is designed to disperse or release 
explosive submunitions, and includes those explosive 
submunitions.  The United States would consider the 
German-made SMArt 155 a cluster munition.  (The SMArt 155 is 
not considered a cluster munition per the definition in the 
Dublin Agreement.) 
 
Q2. What is the reason for the 10 year transition period? 
 
The implementation of this policy will be a major undertaking 
for the USG.  Cluster munitions provide important military 
capabilities that cannot be relinquished until suitable 
replacements are available.  It will take a number of years 
to develop and procure replacements for the existing cluster 
munitions that do not meet the requirements of the new policy. 
 
Q3. Who will verify the 1% unexploded ordnance (UXO) rate for 
future munitions? 
 
Each Service that uses cluster munitions will be responsible 
for verifying its forces meet the 1% UXO criteria.  This 
includes evaluation of the UXO rate after use in &facts on 
the ground8 circumstances.  They will be required to 
establish a mechanism by which to assess whether their 
cluster munitions are meeting the rate, and take remedial 
action if they are not.  Through 2018, Combatant Commanders 
are the approval authority for use of any cluster munitions 
that exceed the 1% UXO rate. 
 
Q4. Will the new policy be retroactive to weapons already 
sold to other countries? 
 
No.  The policy on transfers applies to this point forward. 
Any cluster munitions transferred before June 19, 2008, would 
be subject to the agreements that were made at the time of 
the transfer. 
 
Q5. How many submunitions will replacement cluster munitions 
contain? 
 
The policy does not mandate specific requirements beyond the 
standard itself.  The number of submunitions will be 
determined by the requirement of the Service that is 
designing the munition. 
 
Q6. Does the 2018 deadline raise the possibility of a U.S. 
&dump8 of existing stock on non-signatories to the &Oslo 
treaty8? 
 
All existing legislative and regulatory restrictions for the 
transfer of cluster munitions will be applied.  The policy 
does not supersede these, but requires that nations receiving 
cluster munitions not meeting the 1% UXO standard and 
transferred on or after June 19, 2008, agree to not employ 
them after 2018. 
 
Q7. The new policy seems to give recipients of transfers of 
old cluster munitions free reign to use them until 2018. 
Does the USG currently have restrictions on use of these 
weapons in transfers/sales agreements? 
 
It is part of our export control practice to have end-user 
certification and agreements.  The nature and content of 
these are often classified between the United States and the 
recipient government. 
 
Q8. Are there re-export restrictions built into cluster 
munitions sales and transfer agreements with non-signatories 
to the Dublin Treaty? 
 
U.S. legislation for fiscal year 2008 foreign operation 
appropriations restricts the transfer or sale of cluster 
munitions to those meeting the 1% UXO standard.  This same 
legislation also requires transferees to agree that they will 
only use the received cluster munitions against clearly 
defined military targets and not where civilians are known to 
be present.  Under U.S. laws and regulations regulating the 
defense trade, no re-exports of cluster munitions are 
allowable unless explicitly authorized by the Department of 
State. 
 
¶2. Please contact PM/WRA officers Mike Williams 
(williamsme@state.gov) or Katherine Baker (bakerkm@state.gov) 
for more information or assistance on this issue. 
RICE