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Worldwide investments in CLUSTER MUNITIONS

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Textron argues that the weapon conta<strong>in</strong>s self-destruct and self-neutralisation features and that this “nearly<br />

elim<strong>in</strong>ates risk of unexploded submunitions.” 86 The company believes that the SFW is not a cluster<br />

munition as def<strong>in</strong>ed <strong>in</strong> the Convention on Cluster Munitions. 87<br />

However, Textron’s claims of strike accuracy and the reliability of the self-destruct mechanisms with less<br />

than 1% unexploded ordnance (UXO) have been contested. 88 States Parties to the CCM have never concurred<br />

with Textron’s view that the SFW would not fall under the prohibition of the Convention on Cluster<br />

Munitions. The Legal Commentary to the Convention on Cluster Munitions published by Oxford University<br />

Press also explicitly contests this. 89<br />

The SFW has been sold primarily to the US Air Force, under various contracts. In March 2006, Textron Systems<br />

announced that it had been awarded a US$108 million contract by the US Air Force for its Fiscal Year 2006<br />

procurement of the SFW. The three-year contract was part of an on-go<strong>in</strong>g long-term pric<strong>in</strong>g agreement (LTPA).<br />

Overall, Textron Systems would deliver approximately 6,500 SFWs to the US Air Force by the end of 2013. 90<br />

The most recent US Air Force contract with Textron Systems for SFW deliveries that we could f<strong>in</strong>d is a<br />

“$92,938,707 firm-fixed-price contract modification” dated 31 January 2007 which “provides for 291 Sensor<br />

Fuzed Weapons (SFW) Full Rate Production, Lot 12 option exercise.” 91 This same contract was modified <strong>in</strong><br />

February 2009 for an additional US$9,527,490 of SFWs. Accord<strong>in</strong>g to the US Department of Defense, “this<br />

action will provide 30 additional Sensor Fuzed Weapons, Full Rate Production Lot 12. At this time, the entire<br />

amount has been obligated. 683rd ARSS/SYKA, Egl<strong>in</strong> Air Force Base is the contract<strong>in</strong>g activity.” 92<br />

S<strong>in</strong>ce July 2004, Textron has sold SFWs also to other countries, mostly under US Air Force Foreign Military<br />

Sales (FMS) contracts. The US ban on export licenses for cluster bombs that was signed <strong>in</strong>to law <strong>in</strong> March<br />

2009 excludes cluster bombs with an UXO rate of less than 1%. As Textron claims an UXO rate of less than<br />

1% for the CBU-105, it is still allowed to export this product.<br />

In its 2014 Fact Book, the company states that it has supplied over 7,900 SFW to its customers, <strong>in</strong>clud<strong>in</strong>g the<br />

US Air Force and via FMS contracts. 93 It further specifies that “the CBU-105 SFW has been <strong>in</strong>tegrated onto a<br />

variety of U.S. manufactured airframes <strong>in</strong>clud<strong>in</strong>g the F-16, F-15, B-52, B-1 and others.” 94<br />

Contracts or contract announcements via FMS <strong>in</strong>clude e.g.:<br />

• Turkey: Textron Systems announced <strong>in</strong> November 2006 that it had received an FMS contract from the<br />

United States Air Force to sell the SFW to the Turkish Air Force (TuAF); Turkey has s<strong>in</strong>ce been mentioned<br />

as SFW customer by Textron. 95<br />

• Oman: Textron has delivered an unknown number of SFWs to Oman s<strong>in</strong>ce 2006. 96<br />

• United Arab Emirates (UAE): The UAE signed a contract with Textron <strong>in</strong> November 2007. As a result<br />

of this contract, Textron delivered an unknown number of CBU-105 SFWs, valued at US$57 million,<br />

to the UAE <strong>in</strong> June 2010. 97<br />

• South Korea: In April 2010, it was announced that South Korea had selected Textron’s SFW for<br />

<strong>in</strong>tegration with Korea Aerospace Industries’ developmental F/A-50 light attack aircraft. Through a<br />

FMS contract led by the Egl<strong>in</strong> Air Force Base Air Armament Center and the Defense Acquisition Program<br />

Adm<strong>in</strong>istration of South Korea, Textron at the time expected to beg<strong>in</strong> provid<strong>in</strong>g “<strong>in</strong>ert <strong>in</strong>tegration<br />

rounds” start<strong>in</strong>g <strong>in</strong> 2010. 98 In June 2012, the U.S. Defense Security Cooperation Agency notified Congress<br />

of the possible Foreign Military Sale to the Government of the Republic of Korea of 367 CBU-105D/B<br />

WCMD SFWs and associated parts, equipment, logistical support and tra<strong>in</strong><strong>in</strong>g for an estimated cost<br />

of US$325 million. 99 In May 2014, Textron Defense Systems was eventually awarded a US$190 million<br />

contract for 361 SFWs, seven tra<strong>in</strong>ers and eighteen w<strong>in</strong>d corrected munitions dispenser tail kits for<br />

delivery to South Korea. Work is expected to be completed by 31 December 2016. 100 The sale of another<br />

two CBU-105 SFWs as part of the KF-16 Upgrade Program was requested <strong>in</strong> July 2015. 101<br />

43

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