DEPARTMENT RESPONSE ON UKRAINIAN DEMILITARIZATION

UNCLAS STATE 049044 SENSITIVE C O R R E C T E D C O P Y (ADDED SENSITIVE CAPTION) SIPDIS E.O. 12958: N/A TAGS: MOPS NATO PARM PREL UP SUBJECT: DEPARTMENT RESPONSE ON UKRAINIAN DEMILITARIZATION PROPOSAL REF: 2008 KYIV 2436 SUMMARY -------------- ¶1. (U) This is an action message. Please see para 3. ¶2. (U) Summary: U.S. firearms and legal experts reviewed the Ukrainian technical proposal on conversion of small arms into souvenirs and found that the technique does not demilitarize the weapons according to U.S. regulations. If modified according to the proposal, the USG would consider the souvenirs ineligible for unrestricted commercial sale in the U.S., and the trophies will remain a small arms proliferation risk. The U.S. continues to believe that destruction, and not demilitarization, is the surest way to obtain both NATO and U.S. agreement to continue the NATO Partnership for Peace Trust Fund project beyond the end of 2009, and for the U.S. to continue as lead nation. End Summary. ¶3. (U) ACTION REQUEST: The Department requests that Embassy Kyiv draw from the following objectives in relaying USG concerns to appropriate GoU interlocutors and to deliver the nonpaper in para 7. The non-paper should be provided to the GOU along with a PDF file, to be e-mailed to Post, that contains recommendations from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) on where exactly to make the cuts to the firearms' receivers in order to meet ATF requirements for demilitarization. ATF has provided a diagram of the recommend cuts onto the original GOU proposal. Department will also send a spreadsheet informally provided to the Department by the NATO Maintenance and Supply Agency (NAMSA),which provides a rough cost estimate of modifying approximately 200,000 firearms to meet ATF standards for irreversible demilitarization. If deemed appropriate, Post may present the NAMSA cost estimate to the GOU for reference. Department requests Embassy Kyiv to keep the NAMSA abreast of discussions with Ukraine on this matter. BEGIN OBJECTIVES -- Continue to urge the GOU decision to make a final decision to release 52,000 SA/LW for destruction and reiterate that the surest way to obtain approval for the U.S. to continue as lead nation for the NATO PfP Trust Fund project in Ukraine is to destroy the remaining approximately 216,000 SA/LW per the original commitment. (Approximately 132,000 weapons of the originally planned 400,000 have been destroyed to date.) �00A;-- Explain that the GOU proposal to convert SA/LW into souvenirs does not meet U.S. standards for demilitarization. Non-paper in para 7 and the PDF file of the original GOU proposal with ATF edits, to be e-mailed to Post, describe the steps necessary to demilitarize the SA/LW irreversibly. At Post's discretion, NAMSA's cost estimate on demilitarization per ATF standards can also be provided to the GOU. -- Emphasize to the GOU that it is important that it understand there is no flexibility on our standards for demilitarization as outlined in para 7 if the GOU desires to sell the trophies as commercial items without further ATF review. Any alterations in addition to the ATF demilitarization plan outlined in the non-paper will require the GOU to submit an application as well as sample demilitarized firearms to the ATF for technical review in the United States. -- Convey to the GOU that U.S. law enforcement authorities have seen weapons demilitarized in a manner similar to that indicated in the Ukrainian proposal, which were then illicitly trafficked into the U.S. and made operable again for use in criminal acts. -- Note that any demilitarization, destruction, or re-sale of U.S.-origin weapons, such as the Thompson submachine gun (which was included in the GOU demilitarization proposal), will require additional prior approval from the USG, a process that may take more than a month. Confirm whether the GOU plans to demilitarize or destroy any U.S.-origin weapons. -- Remind the GOU that irreversible demilitarization per para 7 or destruction are required for U.S. agreement to continue the NATO Partnership-for-Peace (PfP) Trust Fund beyond 2009. -- Clarify that the process described in para. 7 is necessary not only for export of the demilitarized weapons to the United States, but also to any other country, in order to attain U.S. agreement for the Trust Fund to continue beyond ¶2009. -- IF ASKED: The USG is willing to send U.S. experts to Kyiv to explain and discuss the demilitarization proposal, per a previous GOU request. Our preference would be for such a visit to coincide with the next Non-Proliferation Working Group. BACKGROUND AND NON-PAPER -------------- ¶4. (U) ATF requires that specific cuts be made to all components of a firearm in order for the firearm to be considered demilitarized. Para 7 non-paper and the PDF file to be e-mailed to Post describe the necessary steps, as well as alternatives pre-approved by the ATF. The PDF file is the original GOU proposal upon which the ATF overlaid specific cuts on the firearms' receivers to ensure the main components with the exception of the barrel would be demilitarized irreversibly. Methods to demilitarize the barrel are also described in the non-paper. Any other methods of demilitarization are assessed to be reversible, and therefore pose the risk that the firearm could be reconstituted or repaired and used in criminal activities. Demilitarization of the remaining 216,000 SA/LW must meet the requirements set forth in para 7. Any other process will not be acceptable to the U.S. and will result in a decision to shut down the NATO PfP Trust Fund project for the destruction of conventional arms and munitions in Ukraine once the remaining funds have been expended. The Department will also e-mail Post a rough estimate of the costs associated with demilitarization to ATF standards that was informally provided to the Department by NAMSA. The demilitarization costs, which do not take into account marketing and other expenses associated with sales of the end products, may be provided to the GOU at Post's discretion. ¶5. (SBU/LAW ENFORCEMENT SENSITIVE) ATF noted to the Department that there are ongoing investigations into cases where Thompson sub-machineguns were allegedly sold by individuals in Ukraine to buyers in the United States. These weapons were "demilitarized" in a manner similar to that proposed by the GOU, but the end users were able to make the weapons serviceable again. The Department has seen no evidence of GOU involvement in the aforementioned case. This is simply to note that the demilitarization technique proposed by the GOU has, in fact, been reversed. ¶6. (U) Section 3 of the Arms Export Control Act and the International Traffic in Arms Regulations, as well as the original Letter of Agreement at the time of receipt of U.S. arms and other defense articles, require recipients of U.S. Munitions List defense articles to obtain authorization from the USG prior to a change in end-use of the defense articles for other than the purpose of receipt. The disposal or demilitarization of such articles is considered a change in end-use. The request for authorization should be submitted via the U.S. Embassy to the Office of Regional Security and Arms Transfers (PM/RSAT),Arms Transfer Division, U.S. Department of State. The requirements for authorization requests and additional information can be obtained at www.state.gov/t/pm/rsat/C14025.htm. ¶7. (U) Begin non-paper: The United States Government (USG) technical and legal experts have reviewed the technical proposal on the demilitarization of small arms/light weapons (SA/LW) presented to the U.S. Embassy by the Government of Ukraine (GOU). According to USG standards, SA/LW converted in accordance with the GOU-proposed modifications could be reversed, or otherwise reassembled using spare parts, to make the SA/LW operational. The U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, (ATF) has defined certain requirements in order for a firearm to be considered demilitarized. According to ATF requirements, the components (i.e. receiver, trigger, barrel, hammer, slides, and magazines) of a firearm must be severed and irreversibly demilitarized using diagonal oxy-acetylene torch cuts that are at least 1/4-inch thick. Each cut must effectively remove and destroy a 1/4 inch of the original material. (Note: Cuts using bandsaws or cut-off wheels are insufficient. The 1/4 inch or more of material removed must be destroyed by the cutting process. End Note.) The receiver itself must receive three cuts "that sever or pass through...(1) the threaded portion of the receiver ring and magazine well opening at bottom; (2) the hinge pin, ejector block and bolt guide rails, and; (3) the body locking lug and bolt guide rails." On a separate document that will be provided to the GOU, ATF has drawn lines on the GOU proposal where specific cuts should be made on the firearms to meet the aforementioned requirements. Alternatively, the firearm components may be mangled, crushed, or sheared to the point that they are unrecognizable and unable to be put back into service. Additional, required modifications on specific modifications in the proposal follow: --For all barrels, the cut through the barrel must be through the entire length of the barrel on at least one side. A notch that only creates a depression in the barrel without cutting through one side, or a cut that does not run through the entire length of the barrel will be deemed insufficient. --NAGAN Revolver: The cylinder must be drilled oversized throughout the cylinder or severed completely into two sections. There is no flexibility on our standards for demilitarization as outlined above if the GOU desires to sell the trophies as commercial items without further ATF review. Any alteration to the ATF demilitarization plan outlined in this paper will require the GOU to submit an application as well as sample demilitarized firearms to the ATF for technical review in the United States. Alternative methods, however, are highly unlikely to be approved, as ATF has seen many allegedly demilitarized firearms repaired and used in criminal acts. Any process that deviates from these standards will result in the end products being classified as firearms by the ATF and would not be considered to be irreversibly demilitarized. In addition, U.S. law requires preapproval for demilitarization or destruction of defense articles provided by the USG through a foreign assistance program. For example, the GOU would need to seek approval for modification of the Thompson submachine guns, included in the types of firearms to be converted into collectibles according to the GOU proposal. The U.S. Department of State will then need from the GOU the exact number and type of U.S.-origin weapons, such as the Thompson, that the GOU intends either to destroy or demilitarize. As the original list of 400,000 SA/LW to be destroyed did not include any U.S.-origin weapons, the USG requests clarification from the GOU on whether the list has changed to include U.S.-origin weapons. End non-paper. POINT OF CONTACT -------------- ¶8. (U) Please contact Sho Morimoto (PM/WRA) at (202) 663-0290 or via e-mail for any necessary further background information or points to meet our objectives. Department appreciates Embassy assistance. CLINTON