DICTATOR WATCH
(www.dictatorwatch.org)

Contact: Roland Watson, roland@dictatorwatch.org

BURMA NUCLEAR FOIA FILING

April 10, 2010

Please forward.


In anticipation of the Nuclear Security Summit this coming week in Washington, D.C., Dictator Watch filed a Freedom of Information Act request with the U.S. State Department (see below), asking that it release the Report on Military and Intelligence Aid to Burma that is required under Section 10 of the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008. Most importantly, we seek subsection (b)3 on “the provision of weapons of mass destruction and related materials, capabilities, and technology, including nuclear, chemical, or dual use capabilities.”

Most FOIA filings request information that the government wants to keep secret about its internal operations and deliberations, but which the people have a legitimate right to know. Ours is unusual in that we are asking for something that U.S. law specifically orders must be published.

Given that the Administration refuses to publish the report, we can only assume the worst.

We trust that President Obama’s new Nuclear Posture also includes a policy change that legal requirements regarding nuclear intelligence and proliferation will be expeditiously and openly satisfied. We would also query how the Posture would respond to intelligence that North Korea, or China, had sold Burma’s military junta, the SPDC, nuclear weapons components, and even assisted in the assembly of an atomic weapon. Further, we must ask how the Administration would respond towards North Korea and/or China were such a weapon ever to be detonated.

A question for journalists covering the Summit: Why was Thailand invited?

We will issue another announcement once the State Department responds to our request.


FOIA filing, April 2, 2010:
Description of request:

The Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 was signed into law by President Bush on July 29, 2008. Under Section 10 of the law (see below), the Secretary of State is required to prepare a report, not later than 180 days after the enactment of the Act, and annually thereafter, on Military and Intelligence Aid to Burma from foreign countries, companies and other entities. Subsection (b)3 specifies that the report must include information on “the provision of weapons of mass destruction and related materials, capabilities, and technology, including nuclear, chemical, or dual use capabilities.” Further, under subsection (c) an unclassified version “shall be placed on the Department of State's website.”

The first report should have been completed by January 2009. The unclassified version, in contravention of the Act, was never posted on the State Department website. By this time the second annual version of the report should have been prepared, and posted, as well.

This FOIA filing requests that the State Department release the long delayed reports, most importantly subsection (b)3.


“SEC. 10. REPORT ON MILITARY AND INTELLIGENCE AID TO BURMA.

• (a) In General- Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report containing a list of countries, companies, and other entities that provide military or intelligence aid to the SPDC and describing such military or intelligence aid provided by each such country, company, and other entity.

• (b) Military or Intelligence Aid Defined- For the purpose of this section, the term ‘military or intelligence aid’ means, with respect to the SPDC--

• (1) the provision of weapons, weapons parts, military vehicles, or military aircraft;

• (2) the provision of military or intelligence training, including advice and assistance on subject matter expert exchanges;

• (3) the provision of weapons of mass destruction and related materials, capabilities, and technology, including nuclear, chemical, or dual-use capabilities;

• (4) conducting joint military exercises;

• (5) the provision of naval support, including ship development and naval construction;

• (6) the provision of technical support, including computer and software development and installations, networks, and infrastructure development and construction; or

• (7) the construction or expansion of airfields, including radar and anti-aircraft systems.

• (c) Form- The report required under subsection (a) shall be submitted in unclassified form but may include a classified annex and the unclassified form shall be placed on the Department of State's website.”