Identifier
Created
Classification
Origin
04THEHAGUE1720
2004-07-09 15:14:00
UNCLASSIFIED
Embassy The Hague
Cable title:  

CHEMICAL WEAPONS CONVENTION (CWC): STATUS REPORT

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 05 THE HAGUE 001720 

SIPDIS

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 JOECK
WINPAC FOR LIEPMAN

E.O. 12958: N/A
TAGS: PARM PREL CWC
SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC): STATUS REPORT
ON 2004 PRIORITIES

REF: A. STATE 28009

B. THE HAGUE 1695

C. THE HAGUE 1697

This is CWC-86-04.

-------
SUMMARY
-------

UNCLAS SECTION 01 OF 05 THE HAGUE 001720

SIPDIS

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 JOECK
WINPAC FOR LIEPMAN

E.O. 12958: N/A
TAGS: PARM PREL CWC
SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC): STATUS REPORT
ON 2004 PRIORITIES

REF: A. STATE 28009

B. THE HAGUE 1695

C. THE HAGUE 1697

This is CWC-86-04.

--------------
SUMMARY
--------------


1. (U) The successful completion of the 37th Executive
Council session (Ref B) marks the appropriate time to assess
the status of U.S. priorities for the first half of 2004 (Ref
A). There has been substantial progress on results-based
budgeting, more effective intersessional work and EC
sessions, and optimization of verification. We have also
moved forward on Article VII, universality, promoting
compliance, and addressing the entire range of Article VI
issues. In the case of information technology, and the
Verification Information System (VIS) Enhancement Project in
particular, progress had been made but there is still much
work to be done (Ref C). End Summary.

--------------
RESULTS-BASED BUDGETING
--------------


2. (U) The Technical Secretariat has submitted the draft
2005 budget in an RBB format, which fully lives up to the
expectation that implementation of RBB will be a "work in
progress." While noting the shortcomings of this initial
effort at use of RBB, the Advisory Body on Administrative and
Financial Matters (ABAF) did not reject the draft budget
format. The two budget facilitators (Ian Mundell of Canada
and Gordon Eckersley of Australia) recently began two weeks
of consultations on the proposed budget (septel). The goal
of the two-week exercise is to have delegations provide all
their questions on all aspects of the budget to the TS so
that answers can be ready for States Parties after the summer
break.


3. (U) While a number of delegations -- India in particular
-- have used the facilitations to raise endless questions
about RBB, proposed objectives and performance indicators,
there has been no formal challenge to implementation of RBB
for the 2005 budget. So far, efforts to turn the budget
consultations into a drafting exercise on objectives and
indicators have been fought off by the facilitators as well
as the U.S. and other delegations. Mundell indicated to us
that the facilitators will make a strong pitch for language

in the introduction or preamble to the budget which will
emphasize that refinement of the RBB objectives and
indicators will be a continuous process, and those set out in
the 2005 budget will be revised in coming years.


4. (U) We strongly support Mundell's proposal and will be
working with the facilitators to find suitable language. We
are, however, under no illusion that this will end efforts to
turn the budget discussions into a drafting exercise. While
a certain amount of such discussion is worthwhile to ensure
that delegations feel they have had a chance to provide their
inputs into the draft budget, we will work with the
facilitators and other delegations to ensure that this is
kept to an acceptable minimum. In sum, substantial progress
has been made toward adoption of a 2005 budget in an RBB
format, and the odds on adoption of such a budget later this
year look favorable at this time.

-------------- --------------
EFFECTIVE INTERSESSIONAL WORK PERIODS AND COUNCIL SESSIONS
-------------- --------------


5. (U) Washington had been concerned about the long
intersessional periods before and after EC-36 (March 23-26).
Ultimately, EC-36 and EC-37 were exceedingly productive and
decisions were reached on a number of key issues. Some of
that is the result of much better preparation by the TS in
ensuring that documents, particularly a draft annotated
agenda, are distributed for delegations well in advance of
the Council meetings. Another key component was much more
extensive coordination with the Chairman during the Council
sessions, informing him which issues were ready for decision,
and which required more time for consultation.


6. (U) In addition, the new Chairman, Amb. Jose Antonio
Arrospide Del Busto of Peru, proved at EC-37 that he intends
to run Council meetings in a brisk, workmanlike manner.
Sylwin Gizowski, the Director of the Secretariat of the
Policy-Making Organs, has indicated that the Chairman fully
supports efforts to continue improving procedures, and we
will be working closely with Gizowski on this matter. One
factor that will bear monitoring in the coming months is the
effectiveness of the new Vice-Chairpersons. Much of the
credit for the successes in the first half of the year went
to very effective facilitators. While some Vice-Chairs were
quite strong (such as Amb. Olbrich of Germany heading the
industry cluster),the record was spotty. Washington has
emphasized that strong Vice-Chairs are needed to direct the
work of the various clusters, and we will make every effort
to try to steer the new Vice-Chairs to an energetic,
well-planned agenda.


7. (U) Finally, we began work with the TS on IT
improvements to ensure more effective and efficient work
during the intersessional period. We are coordinating with
the TS to improve the TS external server to incorporate a
long-term consultation calendar and posting of associated
working facilitator and SP discussion papers for online
access.

--------------
OPTIMIZATION OF VERIFICATION AT CWDFS
--------------


8. (U) There is now general agreement between the U.S. and TS
on a common approach to optimization of verification. The
visits to U.S. sites by DG Pfirter and the TS consultant
(Diamantides/France) handling optimization have established
that the U.S. is not blocking work in this area, but wants it
to proceed in a constructive manner. One complicating factor
that made this a difficult topic was the turf battle between
Diamantides and Verification Division chief Reeps, which has
largely been resolved to the satisfaction of both sides.


9. (U) The recent presentation by Reeps to the EC on
optimization of verification, which was fully cleared with
the U.S., got a positive reception. An earlier brief to the
WEOG was equally effective, but generated a discussion on
whether other SPs could provide an input to the process, if
not formally "adopt" optimization efforts. We see no reason
for other SPs to have any formal role in optimization
measures on which the U.S. and TS agree and believe we
should, therefore, rebuff any future effort that might be
made to appoint a facilitator for optimization. Experience
has shown, however, that an early and meaningful effort on
the part of the TS to keep SPs informed of the optimization
efforts being made at U.S. facilities pays big dividends in
terms of defusing concerns over "what we're up to."

--------------
PROMOTING COMPLIANCE
--------------


10. (U) The TS has been efficient in providing declarations,
amendments, destruction and verification plans and other
documents in a timely manner, and we have continued to
encourage the TS on similar concrete steps to promote
compliance. In return, we have sought to brief appropriate
TS personnel about our discussions with other SPs on the

SIPDIS
entire range of compliance issues. With regard to
preparations for conduct of a challenge inspection, the TS
has diligently worked on the key logistical questions, and
recognizes the importance some SPs place on this issue. A
good example was the extensive TS participation and the
excellent TS presentations at the recent challenge inspection
seminar in Vienna. While a snafu resulting in postponement
of a mock exercise to be hosted by Switzerland indicates
there are still lapses by the TS, it is our impression they
are actively engaged and making progress on this issue.

-------------- -
IMPLEMENTATION OF ARTICLE VII AND UNIVERSALITY
-------------- -

11. (U) On Article VII, the facilitator (Mark Matthews/U.K.)
and the point of contact in the TS (Ralf Trapp) have made
progress in putting meat on the bones of the action plan.
More important, the coordination between the two, and with
other delegations, has been excellent. The TS issued an
Article VII status report before EC-37 indicating little
progress had been made since the approval of the Action Plan.
However, much of the information in the report was based on
dated information. The TS issued tailored Notes Verbale in
early 2004, requesting status reports from relevant State
Parties, focusing on those who previously indicated that they
had no National Authority or had not begun the legislative
process by late 2003. Although not required by the Action
Plan, the TS provided an update to EC-37 based on responses
to the early 2004 Notes Verbale. Again, only little progress
was noted.


12. (U) The International Cooperation Branch (ICB) reported
that it is providing tailored support programs after requests
from 18 States Party, but resources prevent responses in 2004
to requests from another 12 States Party. ICB also noted
that it had no resources for follow up after such programs
and advised that such efforts could be a useful way for
interested States Party to assist others who have requested
TS help in the past. The facilitator and TS officials held a

SIPDIS
workshop for State Parties of most concern whose missions are
based in Brussels. The workshop was judged to be a success,
and it will be repeated sometime in late 2004. The
facilitator/TS plans a similar effort on September 1 for
missions based in London and will include representatives
from other OPCW delegations (including U.S. del rep, France,
and Tunisia).


13. (U) After a shaky start, the effort on universality has
been much improved in recent months. First and foremost, the
new facilitator (Hela Lahmar/Tunisia) has proven to be
energetic and capable. On the other hand, the External
Relations Division of the TS did not start off on the right
foot. While conferences were held in Malta and Addis Ababa,
the delays and complications (particularly regarding Malta)
generated reasons for concern. Ambassador Javits
subsequently spoke with the DG about the need for the TS to
become more focused in its efforts, and the last event
sponsored by the TS (a universality event in Brussels with
African non-States Parties) was well organized and the TS
preparations supervised by the facilitator paid off.

--------------
STRENGTHENING THE ARTICLE VI REGIME
--------------


14. (U) Work on industry issues has resulted in clearing
away much underbrush and establishment of new tasks. Several
of the long-standing issues on the industry cluster list,
including Schedule 2/3 Captive Use, Clarification Requests,
and Facility Agreements have been closed either by EC
decision or by EC report language. In addition, Del
persuaded the TS to establish and publish criteria on how to
internally evaluate transfer discrepancies (i.e., redirecting
the TS from the unrealistic 'material balance' effort to a
process that focuses on resolving discrepancies from normal
trends of reported trade). Implementation of these criteria
will close another open issue on the industry cluster. This
cleansing creates the opportunity for new work to be
undertaken by the industry cluster.


15. (U) In the effort to identify and organize new
initiatives, Del coordinated closely with the TS to enhance
reporting regarding the status of declaration submissions and
got the issue of late submissions of declarations onto the
industry cluster agenda for consultations. We are working
with other SP, primarily in WEOG, to identify and prioritize
new work for the cluster, which may include efforts to
address broad problems faced by the TS and SP regarding the
process by which declaration amendments are provided and
nill/null declarations.

16. (U) The issue of OCPF site selection has seen some
progress, but much work remains. Del hosted a OCPF seminar
in February to assist SP in understanding the math in the
U.S.-Swiss proposal in an effort to pave the way for the
political discussion on how best to implement the
methodology. The seminar was successful in facilitating a
shift of SP from discussing the "why" to the "how" of
implementation, although significant disagreement remains
over how the TS will allocate its points under the system and
how SP are to provide their input into the system. Under the
new Dutch facilitator, work is expected to proceed by
addressing each of the weighting factors individually to
arrive at a consensus on how to implement the methodology.
We have conducted several bilateral discussions with SP to
enhance understanding in support of the seminar and
intersessional consultations.


17. (U) Regarding inspection frequency, under the ongoing
budget discussions, Del is supporting the modest increase in
OCPF inspections and continues to work on the 'right' number.
We have also been active in encouraging the TS to seek
inspection efficiencies (e.g., elimination of facility
agreement inspection burden, reducing number of inspectors
deployed) as a means to increase the number of inspections
capable of being conducted, given fiscal limitations. At
this point, budget discussions are centered in the 10-15
inspection increase range for the OCPF category.


18. (U) During discussions both bilaterally with SP and
with the TS, we continue to defend the U.S. regulation and
seek alternative solutions to the issue of the 90-day window
of inspectability of OCPF sites. Bilateral discussions with
the French and with the TS have yet to produce a workable
alternative solution, although both the French and the TS
prefer to resolve this issue without wider consultations or
alternatives that would include amending the treaty. We
understand efforts are underway in Washington to evaluate
ways forward in the regulations and looks forward to further
information that would help resolve this issue.

--------------
SAMPLING AND ANALYSIS PROCEDURES
--------------


19. (U) Work on the sampling and analysis procedures has
ground to a halt, and this item has been moved from the
technical into the political arena. Although progress had
been achieved during early-year consultations to handle the
issue of the presence of the inspected SP representative at
the designated laboratory separately and allow the remainder
of the procedures to be submitted to the Council for
adoption, subsequent consultations in June overturned that
effort. Several delegations, led by the Chinese, insisted
that the procedures document be 'all or nothing.' The
facilitator, (Wills, Netherlands),in response to this latest
derailment and his rapidly approaching summer retirement
date, resigned his post and reported to the Council that no
progress could be achieved.

--------------
DATA AUTOMATION
--------------


20. (U) The Verification Information System Enhancement
(VIS) Project remains on schedule, although some TS officials
remain concerned about the willingness of the contractor,
Sitar, Inc, to meet TS deadlines. Others asserted that the
contractor is dictating the terms and timelines of the effort
without adequate oversight. But progress is being made. In
April, the contractor provided the TS a completed Relational
Database Management System (RDBMS),although at present there
are no completed user interfaces to make it functional. In
late June, the contractor also provided the TS three
additional products for posting on the OPCW website: a
standardized TS country code database, a standardized list of
chemicals relevant to the CWC, and a pull-down menu of all
the industry declaration forms included in the Declarations
Handbook (the CTFS in TS clothing).

21. (U) Other issues remain of concern. The contractor is
three weeks late with a response to the TS proposal for the
follow on effort needed to complete the project. Although
Greg Linden, Head of the Information Services Branch (ISB),
is serving as the project manager, he also supervises
numerous other IT initiatives and projects and does not have
the time to devote to the day-to-day management of the
contract. ISB is below its minimal staffing level, so no one
is able to devote daily attention to contract administration.
Linden and the VIS effort would greatly benefit from the
services of a contract administrator who could oversee the
day-to-day administrative issues, leaving Linden to oversee
the substance of the work.


22. (U) TS officials have raised concerns that there has
been inadequate security planning for the completed VIS, lack
of planning for VIS implementation, lack of funding to
complete the project, and lack of planning to ensure the VIS
is endorsed by States Parties. (Note: The DDG privately
characterized TS critics of the project as naysayers who have
been unwilling to make constructive suggestions on ways to
improve the project.) Delegation will continue to monitor
developments closely.


23. (U) Ito sends.
SOBEL