
Unmanned Systems Roadmap 2007-2032
Chapter 7 International Cooperation
Page 64
7.3. Treaty Concerns for Unmanned Systems
DoDD 2060.1 directs that “all DoD activities shall be fully compliant with arms control
agreements of the U.S. Government.”
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Additionally, DoDD 5000.1 directs that the “acquisition
and procurement of DoD weapons and weapon systems shall be consistent with all applicable
domestic law and treaties and international agreements” and that “an attorney authorized to
conduct such legal reviews in the Department shall conduct the legal review of the intended
acquisition of weapons or weapons systems.”
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U.S. Government arms control agreements
concerning unmanned systems include the Wassenaar Arrangement (WA), the Missile
Technology Control Regime (MTCR), the Treaty on Conventional Armed Forces in Europe
(CFE), the Vienna Document 1999 (VDOC), the Intermediate-Range Nuclear Forces Treaty
(INF), the Global Exchange of Military Information (GEMI), and the United Nations
Transparency in Armaments Resolution (UNTIA). Conventional arms agreements that do not
name unmanned systems, but mention military air and ground vehicles include the CFE, VDOC,
INF, GEMI, and UNTIA. Conventional arms agreements that address unmanned systems
directly include the WA and MTCR.
WA-controlled dual-use items include unmanned systems in item ML 10I munitions list in
section 9.A.12 and technology applicable to unmanned systems in sections 9.D.1, 9.E.3, and
9.D.2. MTCR restricts unmanned systems as a Category I item in section 1.A.2, provided that
the UAS can carry a 1100-pound payload for 162 nautical miles. MTCR Category II items,
under sections 19.A.2 and 19.A.3, include technology and equipment that may be used in
Category I unmanned systems.
CFE articles I and II obligate participant adherence and define conventional weapons that, within
the area of application, are subject to terms of reduction and limits outlined in articles IV–VI.
Unmanned systems may, subject to review, meet the definitions of conventional armaments and
equipment subject to the CFE treaty. Also subject to review, VDOC may require the U.S.
Government to report combat equipment and/or new weapons systems as they fall under article I,
paragraphs 10.2.5, 10.5, and 11.2, and follow-on items of the VDOC. Ground-launched cruise
missiles are restricted by INF in article II, paragraph 2; however, air-to-surface weapons are not
considered under the INF treaty. Unmanned systems that are not ground launched, or take off
without the aid of launching equipment, and are designed to return from mission, do not fall
within the definition of a ground-launched cruise missile. GEMI requires the U.S. Government
to share information on holdings of major weapons and equipment systems listed under
paragraph 3. Air and ground vehicles, irrespective of manned or unmanned, may, upon review,
fall under the categories of major weapon and equipment systems subject to information sharing
under paragraph 3 of GEMI. Under the UNTIA Annex, Register of Conventional Arms,
unmanned systems, subject to review, may meet the definitions of items defined in
paragraph 2.a., “concerning international arms transfers.”
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DoDD 2060.1, paragraph 3.3.1, June 9, 2001.
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DoDD 5000.1, paragraph E1.1.15, Legal Compliance, 12 May 2003.