DEFENSE SECURITY COOPERATION AGENCY
MEMORANDUM FOR :
DEPUTY UNDER SECRETARY OF THE AIR FORCE FOR INTERNATIONAL AFFAIRS
Guidance on the Sale of Cluster Munitions, DSCA Policy 11-33 [SAMM E-Change 151]
This memorandum provides guidance on the sale of cluster munitions. Section 7056(b) of the Department of State, Foreign Operations and Related Appropriations Act 2010, P.L. 111-117 (Division F of the Consolidated Appropriations Act for FY 2010), provides that:
"No military assistance shall be furnished for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless--
This provision continues a similar one-year ban that had been enacted in Section 646(b) of the Consolidated Appropriation Act, 2008, PL 110-161 with an effective date of December 26, 2007.
This provision does not apply to technology used to clear or disarm unexploded cluster munitions.
Cluster munitions are composed of a non-reusable delivery canister or body containing multiple, conventional explosive submunitions designed to disperse at an optimum altitude and distance from the desired target for dense area coverage. This applies to systems delivered by cruise missiles, artillery, mortars, missiles, bombs, tanks, rocket launchers, or naval guns capable of deploying payloads of explosive submunitions that detonate via target acquisition, impact, or altitude, or that self-destruct (or a combination of both). Cluster munitions technology includes, but is not limited to, cluster munition components, accessories, attachments, parts, firmware, software, or other related technical data.
At present the only cluster munition with a compliant submunition (one that does not result in more than 1 percent unexploded ordnance across the range of intended operational environments) is the CBU-97B/CBU-105, Sensor Fused Weapon (SFW). The CBU-107 Passive Attack Weapon, which contains non-explosive rods, is not captured by the ban. No other cluster munitions or cluster munitions technology, technical assistance, or related technical information is eligible for release at this time. No new Foreign Military Sales cases or Price and Availability Data should be developed or offered for them. Implementing agencies may not complete deliveries or provide support or cluster munitions technology for non-compliant cluster munitions provided under Letters of Offer and Acceptance (LOA) accepted prior to December 26, 2007.
The attached SAMM E-Change adds a paragraph to the SAMM explaining what may not be sold and adds a mandatory note, to be applied by the Implementing Agency, for use on LOAs that include permissible cluster munitions and cluster munitions technology.
As the statute is in effect, this policy is effective immediately. These changes will be included in the on-line version of the SAMM found on the DSCA Web Page as SAMM E-Change 151. Questions regarding this policy should be directed to Mr. Mike Slack, DSCA/STR/POL, at (703) 601-3842 or e-mail: firstname.lastname@example.org.
William E. Landay III
Cluster Munitions - SAMM E-Change 151