Identifier
Created
Classification
Origin
03THEHAGUE2908
2003-11-19 13:59:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy The Hague
Cable title:  

CHEMICAL WEAPONS CONVENTION (CWC) - SCENESETTER

Tags:  PARM PREL CWC 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 04 THE HAGUE 002908 

SIPDIS

SENSITIVE

STATE FOR AC/CB, NP/CBM, VC/CCB, L/ACV, IO/S
SECDEF FOR OSD/ISP
JOINT STAFF FOR DD PMA-A FOR WTC
COMMERCE FOR BIS (GOLDMAN)
NSC FOR CHUPA
WINPAC FOR LIEPMAN

E.O. 12958: N/A
TAGS: PARM PREL CWC
SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC) - SCENESETTER
FOR THE 35TH EXECUTIVE COUNCIL

REF: 11/12 PARK E-MAIL TO DEL

This is CWC-121-03.

-------------------
SUMMARY AND COMMENT
-------------------

UNCLAS SECTION 01 OF 04 THE HAGUE 002908

SIPDIS

SENSITIVE

STATE FOR AC/CB, NP/CBM, VC/CCB, L/ACV, IO/S
SECDEF FOR OSD/ISP
JOINT STAFF FOR DD PMA-A FOR WTC
COMMERCE FOR BIS (GOLDMAN)
NSC FOR CHUPA
WINPAC FOR LIEPMAN

E.O. 12958: N/A
TAGS: PARM PREL CWC
SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC) - SCENESETTER
FOR THE 35TH EXECUTIVE COUNCIL

REF: 11/12 PARK E-MAIL TO DEL

This is CWC-121-03.

--------------
SUMMARY AND COMMENT
--------------


1. (SBU) As the October Conference of States Parties
resolved most of the key issues facing the OPCW (budget,
destruction deadline extensions, action plans),the focus of
the December 2-5 Executive Council meeting will be on a
number of technical, particularly industrial, issues. There
have been initial steps to put meat on the bones of the
action plans for Article VII and universality, and the U.S.
should emphasize on the margins of EC-35 the importance it
places on robust implementation of these plans. Some of the
Latin American ambassadors have raised the issue of the
lawsuit by former DG Bustani with Ambassador Javits, but did
so with little gusto. Thus, there is no expectation that
this will be a hot topic at the EC, particularly as the OPCW
is in the process of pursuing an appeal to the ILO
Administrative Tribunal of its award to Bustani.


2. (SBU) Comment: The larger issue for consideration,
which we have highlighted and discussed with Washington, is
the agenda for the OPCW for the coming year. Indeed, DG
Pfirter has asked to see Amb. Javits in the next few days to
discuss this exact question. This is an opportune time for
the U.S. to stamp its mark on the OPCW priorities for 2004,
whether in actively pursuing implementation of action plans,
focusing on administrative and budgetary issues, or pressing
for new initiatives in other areas. None of these is
mutually exclusive, but a clear prioritization of issues
would not only be in the interest of the U.S., but would
generate more productive work at the OPCW. And in that
respect, EC-35 provides an excellent opportunity to gauge the
priorities of other delegations and the leadership of the
Technical Secretariat. End Summary and Comment.


3. (U) The following is a general list of topics drawn from
the provisional agenda and also highlighted in the referenced
E-mail.

-------------- --------------
AGENDA ITEM FIVE: DETAILED PLANS FOR DESTRUCTION OF CW
-------------- --------------


4. (U) The agreed plan for destruction of CW at Aberdeen
(EC-32/DEC/CRP.2) will likely be on the agenda. Para 8
comments with regard to Aberdeen FA apply to the CP as well.

--------------
AGENDA ITEM SIX: CONVERSION OF CWPFS
--------------


5. (U) In connection with Volgograd, there are
notifications of changes at a former DF production facility
(EC-34/DG.1) as well as notifications of changes at a former
facility for preparation for filling of non-chemical parts
(EC/34/DG.3*).

--------------
DESTRUCTION/CONVERSION PLANS
--------------


6. (U) The U.S. combined plan for QL facility at Pine Bluff
Arsenal (EC-35/DEC/CRP.2 and EC-35/DG.3) as well as the
Russian combined plan for conversion and verification of VX
production/filling facility at Novocheboksarsk (EC-32/DG.8
and EC-32/DEC/CRP.8) will likely be on the agenda.

-------------- --------------
AGENDA ITEM SEVEN: NOTIFICATIONS OF CHANGES AT FORMER
CHEMICAL WEAPONS PRODUCTION FACILITIES
-------------- --------------


7. (U) No detailed information yet on what may fall under
this agenda item.

--------------
AGENDA ITEM EIGHT: FACILITY AGREEMENTS
--------------


8. (U) Facility agreements for Aberdeen (EC-32/DEC/CRP.6)
and Gorniy (EC-35/DEC/CRP.1) are on the agenda. Delegation
has received no indication from the Russians that there has
been any change to their position that they cannot join
consensus on the Aberdeen FA. On the last occasion on which
this subject was discussed, Russia indicated again that the
Aberdeen FA's inclusion of an area of a commercial chemical
facility as a declared, non-contiguous part of the CWDF is
politically "unacceptable". The Russian delegation stated
that Russia's reaffirmation that all final destruction of
nerve agent would occur at Shchuchye did nothing to alleviate
its stated concerns over Aberdeen. As Del understands the
situation, therefore, barring a reassessment by Russia of
their position, we are at a stalemate over this document.
Del notes that we have not received a response from either
the Russians or the Technical Secretariat with regard to the
questions and comments we raised over the Gorniy FA.


9. (U) Delegation requests guidance, based on the
feedback/responses provided by the Korean and Belgian
delegations as well as further comment from the TS, on
whether the U.S. is now in a position to join consensus on
these SP's respective Schedule One Facility Agreements. If
problems/issues remain, delegation requests to be advised of
them at the earliest opportunity in order to address them
before or during the Session in an effort to finalize these
documents.

--------------
AGENDA ITEM NINE: INDUSTRY ISSUES
--------------


10. (U) At this point, it does not appear that the dispute
with Germany regarding captive use will be resolved by EC-35.
Del has reported separately on the efforts to work with the
U.K. facilitator to find some type of accommodation on the
German concerns that Schedule 1 captive use be addressed in a
manner that does not block EC approval of the captive use
decision as applied to Schedule 2 and 3 chemicals. The
German del has provided the UK and U.S. Del with a draft
study to back up its position (e-mailed to AC/CB). However
the political realities appear to be that many countries
would object to any captive use proposal that includes
Schedule 1 chemicals. As a result of trilateral discussions
between U.S., UK and Germany, the facilitator has proposed EC
report language for the EC to "decide to hold open-ended
consultations to consider the captive use of Schedule 1
chemicals, with a view to reaching a conclusion by the Ninth
Conference, and noted that the meeting of Government experts
with the Scientific Advisory Board, to be held on 28-30
January 2004, would also provide an opportunity to explore
this issue." Such an approach would alleviate German
concerns that the issue be considered, without stalling the
captive use decision as written. The Germans have yet to
commit to consensus even with this proposal.


11. (U) Also on the agenda is the resolution of
discrepancies regarding import and export declarations.
During the last EC, Del and the UK circulated text to address
the need for the TS and States Parties to continue efforts to
clarify the significant discreprencies in trade of 2A/2A*
chemicals for which no corresponding export, production,
processing or consumption declarations were submitted. This
text was not accepted, particularly by those delegations
implicated in the report. The UK has circulated, to a small
number of delegations, alternative text for this EC they
believe may be acceptable, as follows:

"A number of delegations raised the Discussion Paper
submitted to the 34th Session of the Executive Council by the
Technical Secretariat on Overcoming Discrepancies in the
Declarations of Imports and exports of Schedule 2 and 3
Chemicals (Ref: EC-34/S/1). The Council called upon the
Technical Secretariat to ensure the necessary procedures were
in place for recording and following up clarification
requests. The Council also called upon States Parties to
co-operate with the Technical Secretariat in its efforts to
clarify to the extent feasible the discrepancies identified
in paragraph 3.6 of the Discussion Paper. It requested that
the Technical Secretariat, in consultation with the States
Parties concerned, follow up the outstanding clarification
requests relating to these discrepancies and report back on
the results."

--------------
AGENDA ITEM TEN: CHANGES TO THE LIST
OF APPROVED EQUIPMENT AND TECHNICAL
SPECIFICATIONS FOR APPROVED EQUIPMENT
--------------


12. (U) No information yet on what may appear under this
agenda item.

-------------- --------------
AGENDA ITEM ELEVEN: LIST OF NEW VALIDATED DATA FOR INCLUSION
IN THE OPCW CENTRAL ANALYTICAL DATABASE
-------------- --------------


13. (U) No information yet on what may appear under this
agenda item.

-------------- --------------
AGENDA ITEM TWELVE: AGREEMENTS ON THE PRIVILEGES AND
IMMUNITIES OF THE OPCW
-------------- --------------


14. (U) No information yet on what may appear under this
agenda item.

--------------
AGENDA ITEM THIRTEEN: FINANCIAL ISSUES
--------------


15. (U) There has been continued discussion on the general
topic of providing a financial "cushion" so that the TS can
handle unexpected expenses or fluctuations in income. While
the discussion at the CSP focused on the Stabilization Fund,
the Administration Division has been seized with the idea of
an major expansion of the Working Capital Fund and a
substantial increase in the period in which replenishment of
the WCF would be required.

-------------- --------------
AGENDA ITEM FOURTEEN: IMPLEMENTATION OF THE HEADQUARTERS
AGREEMENT
-------------- --------------


16. (U) No information yet on what may be covered under
this item.

--------------
AGENDA ITEM 15: ANY OTHER BUSINESS - BUSTANI
--------------


17. (SBU) At a recent lunch hosted by Ambassador Javits, a
number of Ambassadors from Latin American countries raised
the ILO Administrative Tribunal judgment in favor of former
DG Bustani. However, they did it in almost apologetic tones,
and even the Brazilian Ambassador was taciturn in making his
points. Ambassador Javits emphasized the U.S. commitment to
the rule of law, and the importance of the OPCW exhausting
all legal options. The OPCW is in the process of filing its
appeal on the issue of material damages awarded Bustani by
the ILOAT, although this may not be widely known among
delegations. With this appeal under way and the palpable
reluctance of even the Brazilian Ambassador to pursue this
case, the Bustani issue likely will not even rise to the
chatter level at the EC.

--------------
IMPLEMENTATION OF ARTICLE XI
--------------


18. (SBU) Facilitator Norma Suarez/Mexico likely will report
that she has been unable to make progress on implementation
of Article XI in spite of holding multiple bilateral and
small group sessions.

--------------
STATUS OF IMPLEMENTATION
--------------


19. (U) There are three items in this category. The first
is a draft decision on the clarification of declarations.
The second is a proposed addition of an item to the list of
approved inspection equipment (EC-35/DG.1). The third is a
proposed revision of technical specifications for two items
of equipment (EC-35/DG.2).


20. (U) Javits sends.
SOBEL