CHEMICAL WEAPONS CONVENTION (CWC): WEEKLY WRAP-UP

UNCLAS SECTION 01 OF 03 THE HAGUE 002750

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 WALTER

E.O. 12958: N/A
TAGS: PARM PREL CWC
SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC): WEEKLY WRAP-UP
FOR 22 OCTOBER 2004

REF: STATE 193093

This is CWC-126-04.

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ARTICLE VII IMPLEMENTATION AMONG EC MEMBERS
--------------


1. (U) On the margins of the 38th Executive Council, Del
contacted Art VII noncompliant EC members to: 1) request an
update regarding their status of implementation, 2) stress
the importance of EC members, whom are charged with the
responsibility of overseeing treaty implementation, to honor
their Article VII implementation obligations, and 3) remind
EC members the U.S. stands ready to provide implementation
assistance, upon request.


2. (U) Amb. Javits personally addressed the issue with the
delegations of Kenya, Morocco, Malaysia, and Tunisia. Del
contacted Cameroon, Sri Lanka, Kuwait, Mexico, Nigeria,
Serbia and Montenegro, and Uruguay. Zambia, which does not
have a rep in The Hague, is the only EC member not yet
contacted, as Del not been able to reach anyone in their
office in Brussels. Amb. Javits will be following up on this
issue with other delegations as well as EC Chairman
Arrospide. Del will continue to press States Parties to meet
their Article VII obligations and provide updates on the
status of their national implementation efforts.


3. (U) All SPs provided similar responses to the demarche.
First, SPs explained that they fully understand their
obligations, EC members in particular, to implement the
treaty. Second, they assured Del their government is
actively working on the legislation/process of
implementation. Third, they expressed appreciation for U.S.
offers of assistance and added that they are evaluating how
such assistance might help their specific situation. Fourth,
SPs assured us they will keep the Del apprised of status
changes in regards to meeting their Art. VII obligations.


4. (U) The following specific comments were also provided:

-- Kenya is very interested in U.S. assistance and mentioned
their discussions with "a State Party" during their opening
statement to the EC.

-- Morocco provided draft legislation last February to the
Technical Secretariat and received comments. They have
incorporated the comments and are awaiting presentation of
the bill for adoption. They anticipate this legislative
process will be completed prior to the CSP-10 deadline.

-- Tunisia's legislation has been drafted and currently sits
in committee for consideration. Tunisia anticipates this
legislative process will be completed prior to CSP-10.

-- Mexico originally drafted legislation as an add-on to
their environmental/hazardous material regulations. However,
upon further review, Mexican officials decided this addendum
was not sufficiently comprehensive to cover all aspects of
national implementation, including the general purpose
criterion. Mexico, therefore, established a committee in
April 2004 to consider amendments to both the criminal code
and environmental/hazardous material regulations.

-- Serbia and Montenegro indicated that political problems
and instability have prevented action by the government on
national implementing measures. Representatives indicated
that national implementing measures remain a priority,
especially as EC members, and they intend to augment their
draft legislation and get it through their regulatory process
as soon as possible, hopefully by CSP-10.

-- Representatives of Cameroon, Malaysia, Sri Lanka, Kuwait,
Nigeria and Uruguay indicated little knowledge concerning the
status of implementation in their countries. Each indicated
appreciation for the U.S. inquiry, and said they would check
with capitals and get back to Del with substantive comments.

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2005 BUDGET
--------------

5. (U) There has been very little activity on the budget
since the conclusion of the EC. Both co-facilitators have
been out of town, so there have been no consultations or
meetings. Delegations are waiting for the TS to provide
additional information on current disbursement rates against
approved budget allocations for 2004, recent decisions on
salary levels and related staff benefits, updated USD/Euro
exchange rate information, and the latest available
information on local inflation information and labor market
conditions, as promised in paragraph 21.3 of the EC-38
report.


6. (U) The Canadian co-facilitator, Ian Mundell, told WEOG
members that he believed that there may be some confusion
within certain quarters of the TS about the necessity of
promptly providing the information as required in the report
language. Mundell will follow up with the Deputy DG and
attempt to schedule further budget consultations in the next
two weeks. In addition, several delegations, including the
U.S., have outstanding requests for budget-related
information pending with the TS. Del will push the TS to
adhere to the requirements of the report language and also to
provide all delegations with the information requested in a
timely manner. Del will also highlight the fact that it
would be in the TS's interest to provide alternative budget
scenarios using a smaller increase than originally proposed,
rather than having delegations go through the budget on a
line-by-line basis.


7. (U) Noting that the issue of increased funding for
International Cooperation and Assistance will definitely
arise during upcoming budget discussions, the U.S. and other
delegations stressed the need for emphasizing that much of
the budget that does not officially fall under the heading of
ICA is in fact ICA-related funding. In addition, the Dutch,
speaking for the EU, said that the one-time EU voluntary
contribution for 2005 is likely to be two million euros, half
of which will be earmarked for ICA. The Dutch were not sure,
but believe all of the two million euros will be disbursed in

2005. If so, it may be problematic for the TS to effectively
absorb such a large contribution. The Swiss suggested that
the NAM might be willing to accept a smaller increase in ICA
funding in exchange for strengthening the language concerning
ICA within the Core Objectives. The U.S. asserted that it
was essential that the WEOG approach the upcoming budget
discussions with a united front in order to stave off NAM
attempts to increase ICA funding.

--------------
WORKING CAPITAL FUND (WCF)
--------------


8. (U) Del rep spoke with the Head of the OPCW Budget and
Finance Branch, Rick Martin, on October 18 to encourage him
to utilize the WCF, rather than curtail OPCW activities
should any late U.S. payment cause the organization to become
strapped for cash. Martin said that he thought the
organization would probably not need to touch the WCF until
at least late-November given the current rate of
expenditures. Martin added that it would be better to use
the fund and then replenish it, rather than have to return
the U.S. contribution to SP's should the U.S. payment arrive
in CY 2005, as mandated by the financial regulations. He
seemed to imply, however, that there was some reluctance
within the organization to tapping the WCF.

--------------
ARTICLE X
--------------


9. (U) Gabrielle Kruger (UK),facilitator of the National
Programs questionnaire, noted in WEOG that the latest, and
hopefully final draft of the document will be distributed to
SPs by the TS this week. Indications are that China and
Russia have agreed to accept the document in its current form
and that Pakistan, Iran and India have indicated to her they
do not have substantive or specific objections, but will wish
to discuss the decision language. Del has received from
Kruger a draft of the decision language, which has been sent
to AC-CB. Kruger is planning meetings for the end of next
week or beginning of the following week to discuss the
questionnaire and decision language.
--------------
ARTICLE VII
--------------

10. (U) Del reps and representatives from Japan, New Zealand
and Australia attended a TS meeting hosted by Sergey Kisselev
(ICA),Ralf Trapp, and Keith Wilson (ERD) on October 21 to
present a proposal for these states to assist implementing
SPs in the Pacific Island Forum (PIF). As background, the TS
provided a copy of draft legislation developed during the
June 14-15, 2004 Fiji workshop, an August 6, 2004 TS letter
to these 17 states requesting information on the status of
their implementation efforts, and a summary of responses
received (FAXed to AC/CB).


11. (U) Using this information as the basis for discussion,
the TS provided reps a proposal for follow-on actions by the
attending SP representatives. The TS proposes that the U.S.
follow up with the Cook Islands, Fiji, Kiribati, the Marshall
Islands, and Palau. Kisselev reported that political
pressure is required to move the implementation process
forward in the Cook Islands, Fiji, Kiribati, and Palau (a
U.S. citizen drafted Palau's legislation). The Marshall
Islands and Micronesia reportedly will need more direct
assistance. Kisselev noted that both Fiji and Palau will be
attending the meeting of National Authorities in The Hague
just prior to the CSP, which could provide an opportunity for
U.S. del reps to meet with their representatives.


12. (U) The TS requested that the delegation indicate
Washington's willingness to provide the requested assistance
by mid-November. Both Australia and New Zealand noted they
lacked resources, but thought they could provide some of the
needed support. Japan enthusiastically endorsed the TS
proposal subject to approval by Tokyo. Del applauds the TS
initiative to assign donors to recipients under the Article
VII Action Plan.

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"STATENKWARTIER" REDEVELOPMENT
--------------


13. (U) As reported previously, The Hague is planning a
redevelopment near the Del office, extending from the
International Criminal Court to the Netherlands Congress
Center. The development will be named "The Hague World
Forum." Del will be meeting with the project leader to
discuss how the development may affect Del operations in key
areas such as access, security, etc.


14. (U) Javits sends.
SOBEL