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Arms Control Today September 2001

NEWS BRIEFS

United States Sells Missiles to Thailand

Countries Conclude Balkan Talks

African States Extend Light Weapons Moratorium

Pentagon Clarifies South Asia Nuclear Policy

Bush Team Shies From Clinton Landmine Policy

Israel Cancels Radar Deal With China

Iran-Libya Sanctions Act Renewed

NATO Collects Weapons in Macedonia

Putin Approves Spent-Fuel Import Legislation

Bush Waives Nuclear Sanctions Against Pakistan

Last Minuteman III Missile Silo Destroyed

Moscow Seeks Five-Way Strategic Stability Talks

North Korea Refuses to Resume Talks With U.S.

 


United States Sells Missiles to Thailand

In early July, the State Department approved the sale of an undisclosed number of AIM-120 Advanced Medium Range Air-to-Air Missiles (AMRAAMs) to Thailand. But the Pentagon will not deliver the missiles unless another Asian country acquires a similar capability because U.S. arms transfer policy restricts Washington from being the first to introduce advanced weaponry into a region. The United States has the same arrangement with Singapore and Taiwan.

A defense official said the total number of AMRAAMs was approximately 30. If delivered, Thailand will use them to arm F-16A/B fighter jets it previously acquired from the United States. AMRAAMs have a maximum range of roughly 75 kilometers and an autonomous radar enabling a pilot to “fire and forget.”


Official details of the sale are not available because its total value does not exceed the threshold requiring congressional notification. Under the 1976 Arms Export Control Act, arms sales equaling or exceeding $14 million must be reported to Congress, which could block the sale by passing a joint resolution of disapproval within 30 days of notification (15 days in the case of NATO members, Australia, Japan, and New Zealand).


Countries Conclude Balkan Talks

On July 18, 20 countries, including the United States, wrapped up more than two years of troubled negotiations aimed at bolstering confidence- and security-building measures among states in and around the war-torn Balkans. However, the talks’ final four-page document is modest, consisting mostly of voluntary steps countries may take to build on existing commitments.

Article V of the 1995 Dayton Peace Accords, which ended fighting among Bosnia and Herzegovina, Croatia, and the Federal Republic of Yugoslavia, called for negotiations “establishing a regional balance in and around the former Yugoslavia.” A chairman for these talks was not appointed until December 1997, and it took Article V participants, including all the countries in southeastern Europe and other interested countries, nearly a year to agree on a mandate. They ultimately decided not to negotiate an arms control treaty capping weapons levels.

Instead, the talks’ objective became obliging Yugoslavia to undertake commitments similar to those in the Vienna Document. A product of the Organization for Security and Cooperation in Europe (OSCE), the Vienna Document aims to foster transparency and cooperation among the now-55 OSCE member states and calls on countries to exchange information on their militaries, provide notice of certain military exercises, and host foreign military visits.

But the Article V negotiations lost their impetus after Yugoslavia joined the OSCE last November, thereby pledging to adhere to the Vienna Document, following the October ouster of long-time Yugoslav President Slobodan Milosevic. As a result, the “Concluding Document” of the Article V process merely includes several references encouraging countries to expand upon or enhance measures outlined in the Vienna Document. A commission will meet at least once a year to review implementation of the Concluding Document, which will become effective January 1, 2002.


African States Extend Light Weapons Moratorium

A group of 15 West African states announced July 6 a three-year extension of their moratorium on the export, import, and manufacture of light weapons. The light weapons moratorium, agreed upon by the Economic Community of West African States (ECOWAS), originally took effect November 1, 1998, and the extension officially began July 5.

The moratorium, which is not legally binding and has no compliance or monitoring mechanisms, applies to seven categories of weapons: pistols, shotguns, submachine guns, rifles, machine guns, anti-tank mortars, and landmines.

ECOWAS members agreed in December 1999 to a code of conduct under the moratorium calling on states to seek a waiver to import or produce any light weapons for purposes such as peacekeeping operations or hunting. Members also approved establishing a prototype regional arms register and database for collecting information on the import, export, military holdings, seizures, and manufacture of weapons in the seven categories, although work on the register has been suspended because of lack of funding.

Adherence to the moratorium has been mixed, due in part to armed conflicts in some ECOWAS member states, most notably Sierra Leone. However, while acknowledging some “irregularities,” Ivor Fung, the director of the United Nations Regional Centre for Peace and Disarmament in Africa, said in an August 30 interview that the moratorium has succeeded in raising awareness of the problem of light weapons on the continent and attracting high-level government attention.


Pentagon Clarifies South Asia Nuclear Policy

Remarks that Secretary of Defense Donald Rumsfeld made in June were not intended to suggest that the Bush administration had shifted away from the Clinton administration’s goal of seeking nuclear disarmament in South Asia, the Pentagon has clarified. (See ACT, July/August 2001.)

In a July 12 response to written questions, a Pentagon spokesman said that, despite Rumsfeld’s comments that India and Pakistan should be encouraged to “live with nuclear weapons and not use them,” nuclear disarmament in South Asia remains the “long-term” goal of the United States.

The spokesman characterized Rumsfeld’s statement as “simply a reiteration of the reality that India and Pakistan have tested nuclear devices.” The spokesman said the remark did not signal a change in Washington’s “goal of seeking universal adherence to the nuclear Non-Proliferation Treaty.”

The 1970 treaty recognizes only China, France, Russia, the United States, and the United Kingdom as nuclear-weapon states. For India and Pakistan to join, they would have to destroy their nuclear arsenals and open their nuclear programs to international monitoring.

The Pentagon’s clarification said that, until it can achieve nuclear disarmament in South Asia, Washington will urge India and Pakistan to implement “concrete steps to restrain their nuclear and missile programs and prevent a costly and destabilizing arms race.” These steps include refraining from further nuclear tests and the production of fissile material, restraining nuclear-capable ballistic-missile development, and resuming the Indo-Pakistani security dialogue.

Notably, these measures do not include urging New Delhi or Islamabad to adhere to the Comprehensive Test Ban Treaty, a Clinton administration objective. The Bush administration does not support the treaty, which bans nuclear testing and which was rejected by the Senate in October 1999.


Bush Team Shies From Clinton Landmine Policy

In its ongoing review of U.S. landmine policy, the Bush administration appears to be distancing itself from then-President Bill Clinton’s statement that by 2006 the United States might sign the Ottawa Convention, a treaty banning anti-personnel landmines (APLs).

In a July letter to Representative James McGovern (D-MA), Assistant Secretary of State for Legislative Affairs Paul Kelly wrote that in its review, due to be completed later this year, the administration had to “examine the need for landmines on the modern battlefields of the future.” Kelly contended that “the United States bears unique security burdens and cannot undercut the effectiveness of [its] military on the way to that future.”

Kelly pointed out that the United States is already a state-party to the amended mines protocol of the Convention on Certain Conventional Weapons (CCW), which he described as “equally important” as the Ottawa Convention.

The Ottawa Convention proscribes the use, stockpiling, production, and transfer of APLs, whereas the CCW protocol outlaws APLs that are not detectable but permits the use of mines if deployed in certain ways, such as within perimeter-marked areas. Kelly wrote that the United States believes the CCW protocol provides the “most appropriate and responsible avenue” for balancing the need to protect U.S. combat troops with the obligation to minimize civilian risks.

In 1997, the United States opted against signing the Ottawa Convention after other countries rejected U.S. proposals that would have allowed the Pentagon to continue deploying APLs on the Korean Peninsula and to retain specific types of anti-tank mines. The Clinton administration later said Washington would join the treaty by 2006 if the United States succeeded in “identifying and fielding suitable alternatives” for its APLs and mixed anti-tank mines by that time.

In his letter, Kelly noted that since 1993 the United States has provided more than $500 million toward supplying other countries with de-mining training and equipment and educating people about APL dangers. Washington will “aspire to continued leadership…to address the humanitarian problem posed by landmines,” Kelly wrote, “but we will do so in a way that assures our national security.”


Israel Cancels Radar Deal With China

Israeli Prime Minister Ariel Sharon sent a letter in July to Chinese President Jiang Zemin informing him that Israel would not reconsider its decision to halt the sale of a sophisticated radar system to Beijing. Israel will begin negotiations with China in the “near future” on how to compensate China for the cancelled contract, Israeli Ministry of Defense spokesman Shlomo Dror said during an August 28 interview.

In July 2000, under pressure from the United States, then-Israeli Prime Minister Ehud Barak stopped the sale of the radar system, known as the Phalcon. Chinese acquisition of the system would have given Beijing its first advanced airborne early-warning capability, which the United States feared could help tip the Taiwan Strait military balance in China’s favor.

But Barak did not actually cancel the deal. Instead, an Israeli spokesperson said that Israel would “continue to look for ways to implement the deal in understanding with the United States if the circumstances…change.” The Bush administration, however, rebuffed the idea of reversing U.S. opposition when Israeli officials broached the issue, leading Sharon to send his letter.

Sharon’s letter expressed “regret” for having to cancel the deal, Dror said. The spokesman added that Israel wants to maintain good relations with China and still considers U.S. opposition to the sale a “mistake” because it thinks Beijing will obtain a similar capability from another supplier, such as Russia or France, or will develop comparable technology on its own.


Iran-Libya Sanctions Act Renewed

President George W. Bush signed a bill August 3 to renew the Iran-Libya Sanctions Act (ILSA) for five years.

Set to expire August 5, five years after it became law, ILSA seeks to punish entities for investing in Iranian or Libyan petroleum industries, aiming to prevent Tehran or Tripoli from gaining petroleum profits that could be used to develop or acquire weapons of mass destruction or to finance terrorism.

The law requires the United States to impose sanctions on foreign companies that invest more than $20 million per year in Iranian oil or gas development. Entities investing more than $40 million per year in Libyan oil or gas development would also be sanctioned. The new extension law reduces this cap on investment in Libya to $20 million annually.

The administration had appealed for a two-year reauthorization of the act, largely to give it flexibility as it embarks on a broad review of U.S. sanctions policy. But Congress overwhelming approved the five-year extension in July and did not provide a mechanism for adjusting or reassessing the sanctions. The extension, however, allows the administration to report to Congress on the sanction’s effectiveness, and it retains provisions of the original law that grant the president the right to waive sanctions.

No sanctions have ever been imposed under ILSA since it took effect in 1996, despite major violations by French, Malaysian, Russian, and Italian entities.


NATO Collects Weapons in Macedonia

On August 27, NATO launched a mission to collect 3,300 weapons that ethnic Albanian rebels in the former Yugoslav Republic of Macedonia agreed to surrender in exchange for expanded political rights. The mission, known as Operation Essential Harvest, is expected to last 30 days.

After months of escalating conflict between Macedonian troops and ethnic Albanian guerrillas, Macedonian President Boris Trajkovski—fearing a civil war—requested June 14 that NATO help disarm the rebels. NATO agreed but predicated its support on four conditions: a ceasefire; a political agreement among Macedonia’s main political parties, including representatives from both the majority Slav and minority Albanian populations; a voluntary disarmament plan acceptable to the rebels; and an agreed understanding on how NATO would conduct its operation.

After determining that these conditions had been met, on August 22, NATO authorized the full deployment of its weapons collection task force, numbering close to 5,000 troops. The United States did not supply any ground forces, but it is providing medical and logistical support.

Some estimates put the total number of rebel-owned weapons in Macedonia at more that 80,000. However, NATO operation commander Major General Gunnar Lange countered on August 26 that his mission’s target of 3,300 weapons—more than 2,950 assault rifles, 210 machine guns, and 130 mortars and anti-tank weapons—was “very close to our own estimates” of rebel stockpiles. NATO will not ferret out and confiscate weapons in Macedonia, only taking those turned in voluntarily.

Lange also disputed claims that Operation Essential Harvest is merely a gesture, saying it would be a “very real and substantial effort to remove the combat effectiveness” of the Albanians. Speaking August 29, NATO Secretary-General Lord Robertson added that NATO troops had recently stopped some 2,000 weapons and 150,000 rounds of ammunition from being smuggled into Macedonia.

Once the rebels give up their weapons and disband, the Macedonian parliament, in exchange, will pass reforms codifying ethnic Albanian rights. As part of that compromise, parliament promised to begin the reform process after NATO collected one-third of the projected 3,300 rebel weapons. NATO reached that mark on August 30


Putin Approves Spent-Fuel Import Legislation

Russian President Vladimir Putin signed a controversial set of laws July 11 allowing the import of spent nuclear fuel.

The most significant measure overrides an existing environmental ban on the import of foreign spent fuel for storage or disposal. (See ACT, July/August 2001.) A second law regulates spent-fuel import arrangements, and a third designates funds generated from imports for cleanup of radioactively contaminated sites. The Russian legislature approved the laws in June.

Putin also established a commission of government representatives to oversee spent-fuel imports and submitted a bill to the lower house of parliament that would make imports contingent on the group’s approval.

Russia hopes to generate substantial revenue by importing, storing, and eventually reprocessing up to 20,000 tons of foreign spent fuel, but critics maintain that there are significant environmental and proliferation risks in making Russia a global nuclear-waste dump.

Although demand for fuel-storage services appears high, at a July 11 press conference Minister of Atomic Energy Alexander Rumyantsev said that “there are so far no potential clients in view.” Rumyantsev said Russia has begun raising the issue with foreign officials but emphasized that “this is a very long process” that would likely be drawn out for “several years.”

Most of the nuclear material in countries likely to be interested in costly spent-fuel storage originally came from the United States, and U.S. agreements with those countries give Washington veto power over transferring the material to third parties. The United States would therefore have to approve most spent-fuel shipments to Russia before they could proceed.

Before giving its consent to such transfers, the administration has emphasized that it would require Russia to meet proliferation, safety, and environmental standards and that it would want to reach an understanding concerning Russia’s controversial nuclear cooperation with Iran. Given the number and magnitude of disagreements between the two countries in these areas, it appears unlikely that Russia will be able to begin large-scale imports soon.


Bush Waives Nuclear Sanctions Against Pakistan

On August 13, President George W. Bush granted a one-time waiver of sanctions that had been imposed on Pakistan for its nuclear activities. The waiver allows the United States to sell spare parts for Cobra helicopters and armored personnel carriers and ammunition to Pakistan, which plans to use the supplies to support peacekeeping activities in Sierra Leone.

The Arms Control Export Act and the Foreign Assistance Act, as amended, bar direct military sales to Pakistan because of its development and testing of nuclear weapons. Legislation passed in 1999 allows the president to waive these sanctions indefinitely.

Then-President Bill Clinton used the 1999 waiver to allow the sale of Sea King naval rescue helicopters to India in January, the only other time such authority has been exercised. (See ACT, March 2001.) Direct military sales to India were cut off after its May 1998 nuclear tests.


Last Minuteman III Missile Silo Destroyed

On August 24, the United States destroyed its last Minuteman III missile silo slated for dismantlement under START I. Demolition of the silo, located at Grand Forks Air Force Base in North Dakota, takes Washington one step closer to meeting an upcoming treaty implementation deadline.

The START I accord requires the United States and Russia to deploy no more than 6,000 nuclear warheads on 1,600 strategic delivery vehicles by December 5. To help meet this deadline, the United States began destroying 150 Minuteman III silos in October 1999. It plans to retain 501 of these missiles, according to an administration official.

Washington intends to make other significant nuclear force reductions over the next few months to meet its START commitments, the official said. These include destroying one decommissioned Poseidon submarine and 15 B-52 bombers configured to carry air-launched cruise missiles. Washington will also reduce the number of warheads on each of its 192 Trident I missiles from eight to six and the number of warheads on 150 of its remaining Minuteman III missiles from three to one.

These reductions will put the United States “well below START limits,” with 1,238 delivery vehicles and 5,903 warheads, the official stated.

The official added that “it certainly appears the Russians are on track to finish on time.” Ukraine also has START-accountable delivery vehicles on its territory and is expected to meet the December deadline too, the official said.

START I entered into force in December 1994 and remains in effect until 2009, unless it is extended or superseded by a new nuclear reduction agreement. At a March 1997 summit in Helsinki, Moscow and Washington agreed to work to make the START I and II accords unlimited in duration but have not followed through on that commitment. START II, which would require both sides to reduce their arsenals to 3,500 deployed strategic warheads, has not yet entered into force.


Moscow Seeks Five-Way ‘Strategic Stability’ Talks

During a July 1-3 summit in Russia with French President Jacques Chirac, Russian President Vladimir Putin suggested holding multilateral “strategic stability” talks, at which further U.S. and Russian strategic nuclear warhead cuts could be discussed.

A Russian Foreign Affairs Ministry spokesman clarified July 6 that Putin was calling for “a permanently operating consulting process on the problems of strategic stability” in which the five legally recognized nuclear-weapon states—the United States, Russia, the United Kingdom, China, and France—would participate.

The spokesman also said that Russia hoped the five countries would discuss “drastic reductions” in U.S. and Russian strategic nuclear arsenals, going down to or below 1,500 deployed strategic warheads. The reductions would be implemented by 2008 “under the strict control provided by the agreements START I and START II.” Russia hopes the other three countries “also will continue to show restraint in the nuclear field,” the spokesman added.

By December, the United States and Russia each will have reduced their deployed arsenals to 6,000 strategic warheads under START I, but the diplomatic process for pursuing further cuts has stalled. Both states have ratified START II, requiring them to cap their arsenals at 3,500 deployed warheads, but a Russian legislative requirement linking the accord to disputed missile defense issues has prevented the treaty from entering into force. Also, START III negotiations, which the two sides agreed in 1997 would cap warhead limits at 2,500 deployed warheads, have failed to start, and the Bush administration appears reluctant to conclude a formal treaty on nuclear cuts.

With this proposal, it appears that Putin is trying to marshal international support for both deep, negotiated reductions—which could conceivably involve other countries once the United States and Russia had reached extremely low levels—and maintenance of the Anti-Ballistic Missile Treaty.

When asked about the proposal during a July 13 press briefing, national security adviser Condoleezza Rice said that President George W. Bush is already considering unilaterally reducing U.S. nuclear weapons and that the administration is not interested in seeking a “one-to-one match with the Russians.” Moscow and Washington subsequently agreed to and have held bilateral consultations on offensive reductions and defensive systems. (See U.S.-Russian Differences Remain On Missile Defenses, ABM Treaty.)


North Korea Refuses to Resume Talks With U.S.

North Korea has continued to reject U.S. offers to resume bilateral discussions, which could include nuclear, missile, and conventional weapons issues.

At a July 26 press conference in Hanoi, Secretary of State Colin Powell stressed a willingness to resume discussions quickly with North Korea on the “broad agenda” laid out by President George W. Bush in June. At that time, Bush controversially called for bilateral talks that would link progress on nuclear and missile issues to a “less threatening” North Korean conventional military presence on the Korean Peninsula. Powell emphasized a U.S. willingness to “meet any time and any place” to “talk about anything.”

Despite this and other U.S. invitations to the negotiating table, Pyongyang has not engaged Washington. In a rare interview, published July 26 by the Russian Itar-Tass news agency, North Korean leader Kim Jong-Il said that the Bush administration is “committed to a policy of isolation and suppression of North Korea.” Kim, who was about to embark on a state trip to Russia, also bristled at Washington’s desire to discuss North Korea’s conventional weapons, saying Bush had issued “a new impudent challenge” by raising the issue.

In spite of these remarks, during an August 4 meeting in Moscow with Russian President Vladimir Putin, Kim reportedly reaffirmed a May 2001 pledge to maintain a moratorium on ballistic missile flight tests until at least 2003.

U.S.-North Korean relations have soured since March, when Bush placed missile negotiations with North Korea on hold, pending the outcome of a policy review, and said he was “skeptical” of Kim. The president also questioned whether Pyongyang was abiding by all of its international agreements.

In an August 11 interview with South Korea’s Chungang Ilbo during a trip to Asia, Senator Joseph Biden (D-DE), chairman of the Foreign Relations Committee, said that Bush had privately expressed regret for the way his administration had initially handled policy toward Pyongyang. Biden said that, after a meeting with the president, he felt Bush “was clearly aware” that his March comments about Kim were “a blunder” and that the president never intended to disrupt relations.