MFA GIVES REASSURANCES ON STOCKPILING OF US

C O N F I D E N T I A L SECTION 01 OF 02 BERLIN 001609 STATE FOR KATHERINE BAKER, SHO MORIMOTO AND DAVID SALVO SIPDIS E.O. 12958: DECL: 12/02/2018 TAGS: MOPS PARM PREL NATO GM SUBJECT: MFA GIVES REASSURANCES ON STOCKPILING OF US CLUSTER MUNITIONS IN GERMANY REF: STATE 125631 Classified By: DEPUTY POLITICAL COUNSELOR STAN OTTO. REASONS: 1.4 (B) A ND (D). ¶1. (C) Summary: PolOff discussed German thoughts and activities on cluster munitions with MFA officials prior to FM Steinmeier's December 3 trip to Oslo to sign the Convention on Cluster Munitions (CCM). Seeking to allay US concerns, contacts noted that Germany already briefed NATO allies about its current thinking on implementation at SHAPE on November 18. While Germany did recently demarche roughly 20 nations regarding the CCM -- including Afghanistan -- the demarche did not pressure countries to sign. Germany's interpretation of Article 21 remains very much in flux, and the MFA and MOD would welcome further consultations and discussions with the US. MFA officials stress that the US will continue to be able to store and transport cluster munitions in Germany, noting that this should be "of no concern whatsoever to our American colleagues." End Summary. ¶2. (C) PolOff met with Gregor Koebel, head of the Conventional Arms Control Division, and his colleague Burkhard Ducoffre on December 1 to discuss reftel points. Koebel thanked us for sharing our views on cluster munitions (CM) and specifically on the implementation of Article 21 of the CCM. While recognizing the US decision not to sign the CCM, Koebel expressed his hope that the US may eventually join the CCM, stating that it will be difficult "morally speaking" to continue using CM in the future, and noting that the US is already moving to modernize its arsenal and to regulate CM usage. ¶3. (C) Germany recently demarched approximately 20 countries who were present at the Dublin Conference in May, but whose positions on signing the CCM remain unclear. This included Afghanistan which, according to Koebel, had already heard from "other P5 and NATO allies on this matter." Koebel continued that the demarche included points on why Germany agreed to sign, and asked whether leaders from the demarched nations would be in Oslo for the December 3 signing of the CCM (to develop Steinmeier's bilateral meetings schedule while there). He pointed out that there was no mention of Article 21 or its implementation in the demarche points. When asked about what FM Steinmeier might say in Oslo, Koebel demurred. Ducoffre later mentioned that, while Steinmeier's statement is not yet finalized, Ducoffre emphasized that the US will not/not be mentioned. However, Steinmeier is likely to highlight Germany's decision to "ban all cluster munitions" and to call on all states "to sign and ratify the CCM as soon as possible." ¶4. (C) Koebel expressed dismay that the U.S. was concerned that Germany would brief NATO allies on its implementation policy, stating "we've already done so at SHAPE on November 18." At SHAPE, German MOD representative Thomas Frisch had shared a document entitled "Important questions for future engagement in military cooperation and operations with States not party to the CCM." Koebel noted that, while Germany has laid out some well-developed thoughts on the implementation of the CCM in its paper, nothing is yet set in stone. (NOTE: Post has emailed copies of the German document to EUR/RPM, PM, and USNATO. END NOTE.) ¶5. (C) According to Koebel and Ducoffre, the German position on the implementation of Article 21 remains quite fluid, and Germany is interested in pursuing talks with various partners as it moves forward. At this point, however, there are no specific plans to hold a second briefing at NATO. Delving deeper, in response to a question by PolOff, Koebel stressed that the US will continue to be able to store and transport CM in Germany, noting that this should be of "no concern whatsoever to our American colleagues." ¶6. (C) Ducoffre then noted that, while he understands US concerns about a NATO-wide policy on CM, it is important to come to a NATO-wide policy on how CCM signatories can continue to operate without problems with non-CCM States. "What we want," said Ducoffre, "is a situation where can maximize cooperation. To achieve this, we are open and interested in continued consultations with the US." He went on to note NATO's reputation as a "positive force" could be extremely damaged if CM appeared to be used indiscriminately in future campaigns. ¶7. (C) Koebel then noted that Germany would look forward to hosting US officials in Berlin. While meetings could occur BERLIN 00001609 002 OF 002 on December 10, if necessary, Koebel said that December 16 would be vastly preferable as Ambassador Claus Wunderlich, Deputy Commissioner for Arms Control and Disarmament (and a recent NATO alum) would be available to participate. His presence would allow for a more intensive and interesting exchange of ideas. ¶8. (U) Post will continue to follow up with German counterparts and report results septel. Post contact on CM is Poloff Ken Kero. TIMKEN JR