United States Extends Ban on Transfer of its Anti-Personnel Landmines to Other Countries

As part of the Consolidated Appropriations Act of 2008, the U.S. Congress extended until October 23, 2014 the moratorium on the transfer or export of U.S. anti-personnel landmines to other countries.

The origins of this unilateral ban on transfers date back to October 1992, when the Administration at the time banned the export of U.S. anti-personnel landmines. The U.S. Congress later formalized this Landmine Export Moratorium per "Public Law 102-484, Section 1365; 22 United States Code, 2778 note." In 2001, Congress amended the law, which was to expire in 2003, to expire on October 23, 2008. Now, the ban has been extended again. The relevant sentence under Special Authorities, Section 634 (j) of the FY 2008 Consolidated Appropriations Act (page 486) is excerpted below:

(j) EXTENSION OF AUTHORITY.—Section 1365(c) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102– 484; 22 U.S.C. 2778 note) is amended by striking ‘‘During the 16 year period beginning on October 23, 1992’’ and inserting ‘‘During the 22 year period beginning on October 23, 1992’’ before the period at the end.

The moratorium does not apply to the possible employment of anti-personnel mines by U.S. forces, should the need ever arise. The new U.S. landmine policy, as announced in February 2004, allows for U.S. forces to employ anti-personnel landmines that are detectable and that are equipped with self-destructing/self-deactivating mechanisms (i.e. ‘non-persistent’ mines). A summary of the U.S. landmine policy may be referenced at http://www.state.gov/t/pm/wra/c11735.htm . That summary contains links to the original White Paper, FAQs, etc. which were issued when the policy was announced.

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