C O N F I D E N T I A L STATE 057332

SIPDIS

E.O. 12958: DECL: 06/03/2019
TAGS: EAID PREL SADC BC ZI
SUBJECT: DEMARCHE: REQUEST FOR INFORMATION ON SADC CONTROLS

REF: A. A. STATE 18852

B. B. STATE 7798

C. C. GABORONE 209

Classified By: AF A/S Johnnie Carson for reasons 1.4 (b,d)


1. (U) This is an action request. Please see paragraph 2.

ACTION REQUEST
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2. (SBU) The Department is following up on a request for
information to the Southern African Development Community
(SADC) (Ref A) to determine whether the United States and
SADC may enter into a meaningful end-use, retransfer, and
security agreement applicable to defense articles and defense
services transferred from the United States to SADC under the
Presidential Determination (PD) for SADC. The original
demarche was delivered to the SADC Secretariat on March 13.
In order to expedite SADC's response, we are now delivering a
similar demarche to the SADC Troika to inform the leadership
of South Africa, Zambia, and the Democratic Republic of the
Congo (DRC) of the PD and to encourage the Troika to assist
in obtaining responses to questions concerning end-use
controls directed to the Secretariat. Posts should advise
SADC Troika members that this information is required to
determine whether the United States and SADC may enter into a
reliable and enforceable end-use, retransfer, and security
agreement, and th
at such an agreement must be concluded before the United
States can provide any defense articles or defense services
to SADC.

REPORTING DEADLINE
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3. (U) Department greatly appreciates posts' continued
support and assistance. Posts are requested to report results
of efforts by cable to PM/RSAT, PM/PPA, AF/RSA, AF/S, and
L/PM by June 12.

BACKGROUND
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4. (SBU) On January 16, former President Bush signed a PD
recognizing that "the furnishing of defense articles and
defense services to the Southern African Development
Community (SADC) will strengthen the security of the United
States and promote world peace" (Ref A and B). The PD is
intended to enable the USG to provide targeted assistance to
this African entity to increase peacekeeping and crisis

response capacity, strengthen interoperability, and improve
our military-to-military cooperation.


5. (C) Due in part to concerns that SADC might be unable to
prevent U.S.-origin defense articles or defense services from
being provided to Zimbabwe or other countries prohibited from
receiving them, the Department requested that action
addressees encourage host governments to follow up with the
SADC Secretariat as members of the SADC Troika to ensure that
we receive written responses to questions about SADC's
authority, reliability, access, and enforcement mechanisms.
Embassy Gaborone delivered similar points to the SADC
Executive Secretariat on March 13 (Ref C), but has not yet
received a response.

INFORMATION NEEDED FROM SADC
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6. (SBU) Begin requested information:

a. Which SADC entity will be responsible for the negotiation
of the end-use, retransfer and security agreement with the
United States?

b. Which SADC entity(s) will be involved in the approval of
such an agreement?

c. Will the agreement be approved by the SADC Summit (Heads
of State or Government)?

d. Will the end-use, retransfer, and security agreement be
approved by each SADC Member State? Or, would "consensus"
mean only that there is no opposition (abstentions would not
hold up the agreement)?

e. How would SADC establish and enforce end-use, retransfer,
and security obligations?

f. May SADC restrict the access to USG-provided articles and
services by nationals of designated SADC Member States?

g. May the Executive Secretary, as custodian of such items,
restrict the access provided to Secretariat employees based
upon their nationality?

h. How would the Secretariat secure articles and services
provided by the USG?

i. Will SADC be able to comply with restrictions on use of
articles and assistance provided by the USG?

j. Would the agreement resulting in the imposition of
restrictions on access to certain items based on nationality
be considered to be compatible with the objectives of SADC
and the provisions of the SADC Declaration and Charter?

k. Has the SADC Tribunal rendered any decisions where issues
of nationality or national access to SADC property were
raised? If so, please provide copies of the rulings.

l. What measure would SADC take with respect to persons or
countries that fail to uphold SADC obligations?

POINT OF CONTACT
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7. (U) Please contact PM/RSAT Amy Van Buren
(vanburenap@state.sgov.gov,(202)736-7668 for any necessary
further background information or argumentation to meet
demarche objectives.
CLINTON