CHEMICAL WEAPONS CONVENTION (CWC): AD REF HOST

S E C R E T SECTION 01 OF 04 ROME 003280 SIPDIS DEFENSE FOR OSD/ISP AND GC JOINT STAFF FOR DD PMA-A FOR WTC STATE FOR L/ACV AND AC USEUCOM FOR B. WEYER THE HAGUE FOR CWC DEL E.O. 12958: DECL: 07/03/2012 TAGS: PARM MARR KTIA MARR KTIA MARR KTIA MARR KTIA IT CWC ITPARM CWC ITPARM CWC ITPARM CWC SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC): AD REF HOST SECRET PAGE 02 ROME 03280 01 OF 04 031539Z COUNTRY AGREEMENT (HCA) WITH ITALY CLASSIFIED BY: ACTING POL MC GARY ROBBINS FOR REASONS 1.5 (B) AND (D) ¶1. (C) SUMMARY: U.S. TEAM SUCCESSFULLY CONCLUDED AD REF HOST COUNTRY AGREEMENT (HCA) IN TALKS WITH ITALIAN OFFICIALS JUNE 21. TEAM BELIEVES THAT AD REF HCA PROTECTS FULLY U.S. INSPECTION RIGHTS WHEN ITALY IS THE INSPECTED STATE PARTY (ISP) AND RIGHT OF THE UNITED STATES TO BE THE ISP. END SUMMARY. -------------- COMPOSITION OF U.S. AND ITALIAN TEAMS -------------- ¶2. (C) THE U.S. TEAM WAS COMPOSED OF: TEAM LEADER: MS. SALLY HORN, DIRECTOR, NON-PROLIFERATION POLICY, OFFICE OF SECDEF MR. WILLIAM RICHARD HADDAD, DOD MR. MICHAEL COFFEE, DOS MR. RICHARD SMART, DOS LT. BRICE WEYER, EUCOM CAPT. TOM GROCE, EMBASSY ROME, U.S. SENDING STATE OFFICE MR. RAFIK MANSOUR, EMBASSY ROME (NOTETAKER) THE ITALIAN TEAM WAS COMPOSED OF: TEAM LEADER: MR. ALESSANDRO CEVESE, HEAD OF DISARMAMENT SECRET PAGE 03 ROME 03280 01 OF 04 031539Z OFFICE, MFA MR. MARCO GIUNGI, CWC SPECIALIST, DISARMAMENT OFFICE, MFA RETIRED GEN. TRACCI, EXPERT ON CHEMICAL WEAPONS COL. GIUSEPPE CORNACCHIA, CHIEF OF MOD ARMS CONTROL, NUCLEAR WEAPONS & COUNTERPROLIFERATION DIVISION, MOD MR. BOSCO, JURIDICAL DEPT, MFA -------------- WHO IS THE INSPECTED STATE PARTY (ISP)? -------------- ¶3. (C) BOTH SIDES RECOGNIZED THAT THE NEGOTIATIONS NEEDED TO ADDRESS THE ISSUE OF THE DEFINITION OF THE ISP. THE ITALIAN TEAM AGREED THAT, WHEN U.S. SOVEREIGN VESSELS OR AIRCRAFT WERE THE SOLE OBJECT OF AN INSPECTION, THE UNITED STATES HAD THE EXCLUSIVE RIGHT TO BE THE ISP FOR INSPECTIONS OF ANY SUCH VESSELS AND AIRCRAFT IN ITALY. CEVESE INITIALLY STATED THAT, WITH THE EXCEPTION OF SUCH SOVEREIGN VESSELS AND AIRCRAFT, ITALY ALONE WOULD BE THE ISP FOR INSPECTIONS CONDUCTED ON ITS SOIL SINCE IT ALONE HAD JURISDICTION AND CONTROL OVER FACILITIES ON ITS TERRITORY. HORN REPLIED THAT WHILE THE UNITED STATES GENERALLY DOES NOT HAVE JURISDICTION OVER THE FACILITIES THAT IT USES IN ITALY, UNDER THE TERMS OF THE 1954 AGREEMENT SECRET PAGE 04 ROME 03280 01 OF 04 031539Z BETWEEN THE UNITED STATES OF AMERICA AND THE ITALIAN REPUBLIC REGARDING BILATERAL INFRASTRUCTURE IN IMPLEMENTATION OF ARTICLE III OF THE NORTH ATLANTIC TREATY AND THE 1995 MEMORANDUM OF UNDERSTANDING CONCERNING THE USE OF INSTALLATIONS/ INFRASTRUCTURE IN ITALY, THE UNITED STATES HAS COMMAND RESPONSIBILITY FOR THE SAFETY AND SECURITY OF THE ASSETS AND PERSONNEL WITHIN THE FACILITIES THAT IT UTILIZES. TO PERFORM THESE FUNCTIONS, THE UNITED STATES MUST HAVE THE RIGHT TO PROTECT ITS INTERESTS DURING ANY INSPECTIONS OF ITS ASSETS IN ITALY. ¶4. (S) HORN REMINDED THE ITALIAN TEAM THAT THERE WERE ADDITIONAL FACILITIES BEYOND SOVEREIGN VESSELS AND AIRCRAFT WHERE, GIVEN THE CWC,S CRITERIA OF "JURISDICTION OR CONTROL," THE UNITED STATES COULD LEGITIMATELY BE THE INSPECTED STATE PARTY. IN THIS REGARD, AS AN EXAMPLE, SHE REMINDED THE ITALIAN TEAM THAT THE UNITED STATES ALONE HAD "CONTROL" OVER, SECRET SECRET PTQ3455 PAGE 01 ROME 03280 02 OF 04 031540Z ACTION AC-01 INFO LOG-00 NP-00 AF-00 ACQ-00 CIAE-00 COME-00 DOEE-00 DOTE-00 WHA-00 SRPP-00 EAP-00 EB-00 EUR-00 FAAE-00 VC-00 H-01 TEDE-00 INR-00 IO-00 L-00 VCE-00 WTC-00 NEA-00 NRRC-00 NSAE-00 NSCE-00 OES-01 OIC-02 PA-00 PM-00 PRS-00 ACE-00 P-00 SP-00 IRM-00 SS-00 T-00 USIE-00 SA-00 SSD-00 PMB-00 LBA-00 SAS-00 /005W -------------- C62C38 031540Z /38 P 031553Z JUL 02 FM AMEMBASSY ROME TO SECSTATE WASHDC PRIORITY 4609 INFO AMEMBASSY THE HAGUE PRIORITY JOINT STAFF WASHDC PRIORITY HQ EUCOM VAIHINGEN GE//ECJ3-CI/ECJ23-H// PRIORITY SECDEF WASHDC PRIORITY S E C R E T SECTION 02 OF 04 ROME 003280 SIPDIS DEFENSE FOR OSD/ISP AND GC JOINT STAFF FOR DD PMA-A FOR WTC STATE FOR L/ACV AND AC USEUCOM FOR B. WEYER THE HAGUE FOR CWC DEL E.O. 12958: DECL: 07/03/2012 TAGS: PARM MARR KTIA MARR KTIA MARR KTIA MARR KTIA IT CWC ITPARM CWC ITPARM CWC ITPARM CWC SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC): AD REF HOST SECRET PAGE 02 ROME 03280 02 OF 04 031540Z COUNTRY AGREEMENT (HCA) WITH ITALY AND RESPONSIBILITY FOR THE SECURITY OF, THE U.S. NUCLEAR VAULTS; THE U.S. COMMANDER ALONE WAS RESPONSIBLE FOR THE PEOPLE AND EQUIPMENT INSIDE THESE FACILITIES. THE ITALIAN TEAM AGREED THAT THE UNITED STATES WOULD SATISFY THE DEFINITION OF AN INSPECTED STATE PARTY IN THE CASE OF A CHALLENGE INSPECTION OF THESE VAULTS. ¶5. (S) BASED ON THE ABOVE UNDERSTANDING AND THE ITALIAN DESIRE TO NOT SINGLE OUT FOR MENTION THE VAULTS, THE ITALIAN TEAM RELUCTANTLY AGREED TO INCLUDE IN THE HCA, GENERAL PROVISIONS THAT WOULD APPLY IN THE CASE THAT THE UNITED STATES WERE TO BE THE INSPECTED STATE PARTY. IN AGREEING TO THIS, THE ITALIAN TEAM ALSO DECIDED TO INSERT LANGUAGE STATING THAT ITALY MAY UNILATERALLY DECIDE TO REJECT ACCESS TO AN INSPECTION TEAM IF ITALY IS NOT DESIGNATED THE INSPECTED STATE PARTY. (NOTE: THIS LANGUAGE, SUGGESTED BY THE U.S. TEAM TO ADDRESS ITALIAN POLITICAL SENSITIVITIES, IS SIMILAR TO THAT IN THE RECENTLY SIGNED U.S. HCA WITH THE GOVERNMENT OF AUSTRALIA. IT STATES SECRET PAGE 03 ROME 03280 02 OF 04 031540Z AN OBVIOUS PREROGATIVE OF THE ITALIAN GOVERNMENT, BUT DOES NOT COMMIT THE UNITED STATES TO TAKE ACTIONS THAT WE JUDGE WOULD VIOLATE OUR CWC OBLIGATIONS. END NOTE.) ¶6. (C) THE ITALIAN TEAM ALSO AGREED TO TEXT THAT WOULD PROVIDE THE UNITED STATES WITH THE NECESSARY RIGHTS TO PROTECT U.S. SECURITY INTERESTS WHEN ITALY IS THE ISP. -------------- HANDLING INSPECTORS NOT ACCEPTED BY ONE PARTY -------------- ¶7. (C) HORN RAISED CONCERN OVER CERTAIN INSPECTORS THAT THE USG WOULD FIND UNACCEPTABLE, CITING, AS AN EXAMPLE, IRANIANS AND CUBANS. GEN. TRACCI OBSERVED THAT ONCE NOTIFIED OF AN INSPECTION, A CWC STATE PARTY COULD NOT REFUSE AN INSPECTOR. HOWEVER, ONCE THE INSPECTION LIST CONTAINING THE NAMES OF THE INSPECTORS WAS RELEASED AND BEFORE ANY ACTUAL INSPECTION WAS ANNOUNCED, ANY CWC STATE PARTY MAY OBJECT TO INDIVIDUAL INSPECTORS. ONCE THE UNITED STATES OBJECTED TO INDIVIDUAL INSPECTORS, INDICATED THE ITALIAN TEAM, ITALY WOULD OBJECT TO THE INCLUSION OF THE SAME SECRET PAGE 04 ROME 03280 02 OF 04 031540Z INDIVIDUALS ON THE INSPECTOR LIST FOR CHALLENGE INSPECTIONS INVOLVING U.S. ASSETS IN ITALY. THIS WAY, THESE INDIVIDUALS WOULD NOT BE INCLUDED ON THE INSPECTION TEAM. THE SIDES AGREED TO TEXT THAT STATES THAT EACH PARTY WILL NOTIFY THE OTHER PARTY OF ANY INSPECTORS TO WHOM IT OBJECTS AND THAT THE OTHER PARTY WILL SUBSEQUENTLY INFORM THE OPCW THAT IT OBJECTS TO THE INCLUSION OF THE SAME INSPECTORS FOR ANY CHALLENGE INSPECTIONS INVOLVING THE ASSETS OF BOTH PARTIES. (COMMENT: THIS WILL REQUIRE THE UNITED STATES ROUTINELY TO NOTIFY ITALY OF INSPECTORS TO WHOM IT OBJECTS. IT ALSO WILL REQUIRE ITALY TO NOTIFY THE TS ROUTINELY OF THESE INDIVIDUALS AND SOME COOPERATION FROM THE TECHNICAL SECRETARIAT AS IT MAY NOT BE IMMEDIATELY CLEAR WHETHER A SIPDIS PARTICULAR CHALLENGE INSPECTION WILL INVOLVE U.S. ASSETS. END COMMENT.) -------------- SAMPLING AT U.S. OPERATED FACILITIES SECRET SECRET PTQ3462 PAGE 01 ROME 03280 03 OF 04 031540Z ACTION AC-01 INFO LOG-00 NP-00 AF-00 ACQ-00 CIAE-00 COME-00 DOEE-00 DOTE-00 WHA-00 SRPP-00 EAP-00 EB-00 EUR-00 FAAE-00 VC-00 H-01 TEDE-00 INR-00 IO-00 L-00 VCE-00 WTC-00 NEA-00 NRRC-00 NSAE-00 NSCE-00 OES-01 OIC-02 PA-00 PM-00 PRS-00 ACE-00 P-00 SP-00 IRM-00 SS-00 T-00 USIE-00 SA-00 SSD-00 PMB-00 LBA-00 SAS-00 /005W -------------- C62C47 031540Z /38 P 031553Z JUL 02 FM AMEMBASSY ROME TO SECSTATE WASHDC PRIORITY 4610 INFO AMEMBASSY THE HAGUE PRIORITY JOINT STAFF WASHDC PRIORITY HQ EUCOM VAIHINGEN GE//ECJ3-CI/ECJ23-H// PRIORITY SECDEF WASHDC PRIORITY S E C R E T SECTION 03 OF 04 ROME 003280 SIPDIS DEFENSE FOR OSD/ISP AND GC JOINT STAFF FOR DD PMA-A FOR WTC STATE FOR L/ACV AND AC USEUCOM FOR B. WEYER THE HAGUE FOR CWC DEL E.O. 12958: DECL: 07/03/2012 TAGS: PARM MARR KTIA MARR KTIA MARR KTIA MARR KTIA IT CWC ITPARM CWC ITPARM CWC ITPARM CWC SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC): AD REF HOST SECRET PAGE 02 ROME 03280 03 OF 04 031540Z COUNTRY AGREEMENT (HCA) WITH ITALY -------------- ¶8. (C) THE ITALIANS WERE UNWILLING TO AGREE TO LANGUAGE THAT WOULD EXPLICITLY REQUIRE ANY SAMPLES TAKEN IN FACILITIES OPERATED BY THE UNITED STATES TO BE ANALYZED ON SITE OR IN THE UNITED STATES SINCE THEY BELIEVED THAT WOULD VIOLATE ITALIAN LAW AND PUT ITALY IN NONCOMPLIANCE WITH THE CWC. HOWEVER, THE ITALIAN TEAM DID AGREE THAT THE UNITED STATES COULD PLACE LIMITATIONS ON ANALYSIS PRIOR TO PERMITTING THE TS INSPECTION TEAM TO TAKE A SAMPLE, CITING SUCH ADVANCE RESTRICTIONS AS FULLY CONSISTENT WITH THE MANAGED ACCESS PROVISIONS OF THE CONVENTION. GIVEN THE ITALIAN RATIONALE AND AGREEMENT THAT THE UNITED STATES COULD RESTRICT SAMPLING AND ANALYSIS, THE UNITED STATES AGREED TO REPLACE THE EXPLICIT REFERENCE TO SAMPLING IN ARTICLE V(C)(2)(B) OF THE DRAFT HCA WITH LANGUAGE THAT WOULD PERMIT THE UNITED STATES "TO TAKE ANY MEASURES THAT ARE NECESSARY TO PROTECT ITS NATIONAL SECURITY." IT WAS UNDERSTOOD BY BOTH PARTIES THAT THIS MORE EXPANSIVE LANGUAGE INCLUDED THE RIGHT TO PLACE RESTRICTIONS ON, INCLUDING PROHIBITING, SECRET PAGE 03 ROME 03280 03 OF 04 031540Z THE TAKING OF SAMPLES SHOULD THE INSPECTION TEAM REFUSE TO AGREE THAT THE SAMPLES WOULD BE ANALYZED ON SITE, USING THE U.S. MOBILE LABORATORY. ¶9. (U) THE ITALIAN TEAM AGREED THAT THE UNITED STATES MAY BRING ITS MOBILE LABORATORY TO ITALY FOR A CHALLENGE INSPECTION. THE ITALIANS DID NOT BELIEVE THAT SEPARATE PROVISIONS RELATED TO ENTRY OF THE MOBILE LAB WERE NECESSARY, BUT DID AGREE TO INCLUDE LANGUAGE IN THE HCA OBLIGATING ITALY TO EXPEDITE ITS ENTRY INTO ITALY. THE ITALIANS SUGGESTED THAT THE LAB SHOULD BE TRANSPORTED DIRECTLY TO THE FACILITY OPERATED BY THE UNITED STATES THAT WOULD BE INSPECTED SINCE IT WOULD ONLY BE USED AT THAT LOCATION AND WOULD NOT BE NEEDED AT THE POINT OF ENTRY. -------------- -------------- PROVISIONS FOR CONDUCTING TECHNICAL EQUIPMENT INSPECTIONS -------------- -------------- ¶10. (C) THE ITALIAN TEAM AGREED TO PROVIDE FOR MAXIMUM U.S. PARTICIPATION IN THE TECHNICAL EQUIPMENT INSPECTION. THE ITALIANS WILL DELAY THIS PART OF THE INSPECTION AS LONG AS POSSIBLE CONSISTENT WITH THE TREATY SECRET PAGE 04 ROME 03280 03 OF 04 031540Z TIMELINES IN ORDER TO PROVIDE THE USG AN OPPORTUNITY TO SEND REPRESENTATIVES TO PARTICIPATE IN THIS ACTIVITY. (NOTE: THE ITALIAN TEAM REPORTED THAT THE TECHNICAL SECRETARIAT HAS AGREED TO ALLOW ITALY TO CONDUCT TECHNICAL EQUIPMENT INSPECTIONS AT INSPECTION SITES INSTEAD OF AT THE POINT OF ENTRY. ITALY WANTED TO INCLUDE LANGUAGE ON EQUIPMENT INSPECTIONS AT THE INSPECTION SITE. WHILE THE U.S. TEAM APPRECIATED THE MERIT IN THIS APPROACH -- PARTICULARLY IN THAT IT WOULD EXTEND THE TIME FOR ARRIVAL OF THE U.S. HOST TEAM CONTINGENT -- THE PRACTICE DOES NOT APPEAR TO BE PERMITTED BY THE CONVENTION. THE U.S. TEAM INDICATED THAT, THEREFORE, IT SHOULD NOT BE INCLUDED IN THE HCA TEXT. ITALY AGREED TO DROP THE EXPLICIT REFERENCE TO EQUIPMENT INSPECTIONS AT THE INSPECTION SITE. THE OUTCOME -- NO EXPLICIT REFERENCE IN THE HCA TO THE LOCATION OF SUCH INSPECTIONS -- DOES NOT, SECRET SECRET PTQ3463 PAGE 01 ROME 03280 04 OF 04 031540Z ACTION AC-01 INFO LOG-00 NP-00 AF-00 ACQ-00 CIAE-00 COME-00 DOEE-00 DOTE-00 WHA-00 SRPP-00 EAP-00 EB-00 EUR-00 FAAE-00 VC-00 H-01 TEDE-00 INR-00 IO-00 L-00 VCE-00 WTC-00 NEA-00 NRRC-00 NSAE-00 NSCE-00 OES-01 OIC-02 PA-00 PM-00 PRS-00 ACE-00 P-00 SP-00 IRM-00 SS-00 T-00 USIE-00 SA-00 SSD-00 PMB-00 LBA-00 SAS-00 /005W -------------- C62C4B 031540Z /38 P 031553Z JUL 02 FM AMEMBASSY ROME TO SECSTATE WASHDC PRIORITY 4611 INFO AMEMBASSY THE HAGUE PRIORITY JOINT STAFF WASHDC PRIORITY HQ EUCOM VAIHINGEN GE//ECJ3-CI/ECJ23-H// PRIORITY SECDEF WASHDC PRIORITY S E C R E T SECTION 04 OF 04 ROME 003280 SIPDIS DEFENSE FOR OSD/ISP AND GC JOINT STAFF FOR DD PMA-A FOR WTC STATE FOR L/ACV AND AC USEUCOM FOR B. WEYER THE HAGUE FOR CWC DEL E.O. 12958: DECL: 07/03/2012 TAGS: PARM MARR KTIA MARR KTIA MARR KTIA MARR KTIA IT CWC ITPARM CWC ITPARM CWC ITPARM CWC SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC): AD REF HOST SECRET PAGE 02 ROME 03280 04 OF 04 031540Z COUNTRY AGREEMENT (HCA) WITH ITALY HOWEVER, PREJUDGE AN ON-THE-GROUND ACCOMMODATION BETWEEN THE INSPECTION TEAM AND THE ISP ON THIS ISSUE. END NOTE.) -------------- WHAT'S NEXT? -------------- ¶11. (C) THE ITALIAN TEAM SAID THAT IT NEEDED UNTIL THE END OF JULY FOR ITS LEGAL ADVISERS TO REVIEW THE AD REF AGREEMENT AND CONFIRM THE PRECISE LANGUAGE IT WOULD WANT ON THE AMENDMENTS AND ENTRY INTO FORCE PROVISIONS OF THE HCA. ONCE ITS INTERNAL REVIEW WAS COMPLETE, IT WOULD PROVIDE ANY MODIFICATIONS THAT IT WOULD REQUIRE AS WELL AS AN ITALIAN LANGUAGE VERSION OF THE TEXT. THE U.S. TEAM INDICATED THAT THE COMPLETED TEXT WOULD REQUIRE FINAL APPROVAL IN WASHINGTON AND CONFORMING OF THE ENGLISH AND ITALIAN- LANGUAGE VERSIONS BY STATE LANGUAGE SERVICES. ONCE THE AD REF TEXT IS APPROVED IN BOTH ROME AND WASHINGTON AND THERE IS AGREEMENT ON THE ITALIAN VERSION, THE TEXT WOULD THEN HAVE TO BE SIGNED BY BOTH SIDES. ITALY WOULD THEN HAVE TO SEND THE AGREEMENT TO ITS PARLIAMENT FOR SECRET PAGE 03 ROME 03280 04 OF 04 031540Z APPROVAL. THINKING AMONG U.S. TEAM IS THAT, IN ACCORDANCE WITH THE CIRCULAR 175, THE LEGALLY- BINDING AGREEMENT WOULD BE AN EXECUTIVE AGREEMENT TO BE NOTIFIED TO THE CONGRESS. -------------- DELEGATION COMMENT -------------- ¶12. (U) DELEGATION WISHES TO EXPRESS APPRECIATION FOR ALL OF THE ASSISTANCE IT HAS RECEIVED, AND CONTINUES TO RECEIVE, ON THIS ISSUE. IN PARTICULAR, THE DELEGATION WISHES TO THANK RAFIK MANSOUR, STEVE FORJOHN, TOM GROCE, AND MICAH WELLS. ¶13. (U) SALLY HORN HAS CLEARED THIS CABLE. SEMBLER SEMBLER SECRET > 2002ROME03280 - Classification: SECRET