Identifier
Created
Classification
Origin
06THEHAGUE2048
2006-09-20 06:48:00
UNCLASSIFIED
Embassy The Hague
Cable title:  

CHEMICAL WEAPONS CONVENTION (CWC): WRAP-UP FOR

Tags:  PARM PREL CWC 
pdf how-to read a cable
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DE RUEHTC #2048/01 2630648
ZNR UUUUU ZZH
O 200648Z SEP 06
FM AMEMBASSY THE HAGUE
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6858
INFO RUEAIIA/CIA WASHDC PRIORITY
RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY
RHEBAAA/DEPT OF ENERGY WASHDC PRIORITY
RUEKJCS/SECDEF WASHDC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RUEKJCS/JOINT STAFF WASHDC PRIORITY
UNCLAS THE HAGUE 002048 

SIPDIS

SIPDIS

STATE FOR ISN/CB, VCI/CCB, L/ACV, IO/S
SECDEF FOR OSD/ISP
JOINT STAFF FOR DD PMA-A FOR WTC
COMMERCE FOR BIS (GOLDMAN)
NSC FOR DICASAGRANDE
WINPAC FOR WALTER

E.O. 12958: N/A
TAGS: PARM PREL CWC
SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC): WRAP-UP FOR
WEEK ENDING SEPTEMBER 15


This is CWC-80-06.

--------------------
BUDGET CONSULTATIONS
--------------------

UNCLAS THE HAGUE 002048

SIPDIS

SIPDIS

STATE FOR ISN/CB, VCI/CCB, L/ACV, IO/S
SECDEF FOR OSD/ISP
JOINT STAFF FOR DD PMA-A FOR WTC
COMMERCE FOR BIS (GOLDMAN)
NSC FOR DICASAGRANDE
WINPAC FOR WALTER

E.O. 12958: N/A
TAGS: PARM PREL CWC
SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC): WRAP-UP FOR
WEEK ENDING SEPTEMBER 15


This is CWC-80-06.

--------------
BUDGET CONSULTATIONS
--------------


1. (U) Budget consultations were held on September 12 and

14. The consultations covered the International Cooperation
and Assistance Division (ICA),the Secretariat for the Policy
Making Organs (PMO),the External Relations Division (ERD),
and the Executive Management (EM) sections of the budget.


2. (U) The Director of ICA, John Makhubalo, began his
presentation of the ICA budget by noting that ICA hoped to
conduct twenty technical assistance visits (TAVs) as opposed
to "up to ten" as indicated in the budget using regular
budget money. The unstated implication being that perhaps
even more TAVs could be conducted if voluntary contributions
were used. Makhubalo said that ICA would continue to support
Article VII implementation. He noted that the Assistance and
Protection budget had been increased by 4.7%, the Support for
National Authorities by 4.8%, Capacity Building by 4.8%, and
the Associates program by 2.5%.


3. (U) The Netherlands asked why the two temporary P-2
positions envisaged to help with Article VII implementation
were placed in ICA given that the positions would report to
the Legal Advisor. The Dutch delegate also asked if any
provision for the staffing of a temporary office in Africa
had been made. Makhubalo said that the two P-2 positions
were placed in ICA as ICA is responsible for supporting the
implementation of Article VII. He said that no decision had
been made on the possible "Office in Africa" as consultations
were ongoing.


4. (U) South Africa asked if it would be possible to
consider increased funding for the peaceful uses of chemistry
program. South Africa also observed that according to chart
5 on page 69, only 3% of the TS staff works in ICA.
Makhubalo said that both funding and manpower were limiting
factors so simply increasing the funding levels would not be
enough unless a commensurate increase in staffing was
approved as well.


5. (U) Germany asked about the increase in the number of
TAVs and where the TAVs would take place. Makhubalo said

that the budget would be changed to reflect the increase and
that where the TAVs would occur would depend on the requests
received by the TS.


6. (U) Sudan said that ICA was a "very dear" program for
Sudan and that many developing countries had benefited from
its programs; ten people who had taken part in the Associates
Program, for example, were now TS employees.


7. (U) Iran asserted that the overall .8% increase in the
ICA budget was really a reduction if one removed the 159,000
euros budgeted for the two P-2 positions to work on Article
VII. Germany observed that part of the reduction in the ICA
budget was due to the fact that furniture and capital costs
had been reduced by 100%. The Director of the Budget and
Finance Branch, Rick Martin, highlighted the fact that the
operational core parts of the budget, i.e. program delivery,
had increased between 2.5% and 4.8% depending on the program.
Austria claimed that 15% of the ICA budget was not even
spent last year and that the significant amount of voluntary
contributions should be considered by delegations.


8. (U) Iran asked that almost all references to Article
VII in the budget including paragraphs 3.45, 4.25, 4.30, and
all references to Article VII in table 9 be deleted. Most
delegations including NAM delegations seemed annoyed by
Iran's proposal and no delegation supported Iran. Austria
asked that Iran provide a national paper, or at least
something in writing to outline such extensive editorial
changes to the budget. The facilitator then intervened and
said he would note Iran's suggestions, but they could better
be addressed at a future consultation. The Iranian delegate
was not pleased with the facilitators' proposal, but

realizing that he was isolated he did not push back.


9. (U) The Director of PMO, Alexander Khodakov, presented
the PMO budget. He said there were few changes from the 2006
budget other than a significant decrease in the amount
budgeted for rental equipment. There were no questions.


10. (U) The second day of the budget consultations began
with an examination of the External Relations Division. Rick
Martin (BFB) noted that the 3.8% increase in ERD's budget was
almost exclusively due to a an increase in the training
budget (largely a result of the devolution of funding for
training TS-wide) and an increase in staff costs attributable
to the larger size of new ERD staff members families and the
resulting increase in allowances paid to them.


11. (U) The Netherlands and Switzerland began the
discussion by lamenting that the OPCW had very little
visibility on the international stage and asked what ERD
planned to do to raise the organization's profile. The
Director of ERD, Liu Zhixian, said that he hoped that the
commemoration of the tenth anniversary of the OPCW would
serve to raise the profile of the organization. He also
pointed out that the TS had released over 80 press releases
in 2005 and hoped to significantly update and improve the
OPCW website by significantly increasing the amount of
foreign language content available on the website.


12. (U) South Africa asked in reference to paragraph 4.52
what the TS was doing to maintain and improved the OPCW's
relationship with the host country and what the goal of the
eight assistance visits to be carried out by ERD would be.
Liu said that the Host Country Committee and the Legal
Advisors Office would both continue their respective
dialogues with The Netherlands on a wide range of host
country issues. He said the eight assistance visits
envisaged would primarily be visits to non-SP's to encourage
them to accede to the CWC.


13. (U) Iran praised the success that the OPCW has had in
its universality efforts but questioned the wisdom of
focusing efforts in the Middle East where the prospects for
success were bleak given the current situation -- at least
according to Iran. Iran also said that the TS needed to
inform SPs before making contacts with other international
organizations. Iran asked what "other" travel costs
constituted. Liu pushed back and said that he believed it
was important to continue to focus TS universality efforts in
the Middle East. He also said that the TS would continue to
have contacts with the UN, especially the First Committee and
the 1540 Committee, as well as with other international
organizations working in the area of non-proliferation and
WMD. Liu said that "other" travel costs were related to visa
fees. He added that "other" contractual costs covered
publications costs such as the quarterly publication
"Chemical Disarmament" and that "other" workshops covered
universality workshops.


14. (U) Germany objected to the reference to soliciting of
voluntary contributions found in paragraph 4.43 of the budget
and suggested that any references to voluntary contributions
should clearly state that they would be used for specific
tasks to be designated by the donor. Germany also asked
rhetorically if simply releasing large numbers of press
releases had any real impact and if there were any plans to
revamp the quarterly "Chemical Disarmament" publication. The
Netherlands proposed that the TS press office work with the
Dutch MFA's press office to come up with ideas on how to
increase the visibility of the organization. Iran suggested
that for clarity's sake a word other than "other" be used to
describe miscellaneous budget items in table 28.


15. (U) The UK asked what training ERD planned on receiving
with their increased training budget. Surprisingly, Liu
responded that there was not training plan in place for 2007.


16. (U) Mohamed Louati, the Director of the Office of
Internal Oversight, introduced the OIO budget noting that it
would decrease by 3.5% from the 2006 budget. He also pointed

out that for the first time in quite awhile OIO was fully
staffed and that the amount budgeted for training was largely
realized through steep reductions in the travel budget for
OIO.


17. (U) Mexico said it was concerned by the reduction in
the OIO budget and asked why in table 12 the goal for the
acceptance or approval of OIO recommendations was not 100% as
opposed to 90% as is currently proposed. South Africa asked
the same question and if the current staffing levels were
adequate for OIO to carry out its work. Austria suggested
that the language proposed for key outcomes should be more
positive in tone. Japan asked what type of training OIO
would be requesting.


18. (U) Louati responded that he believed that 90% was a
reasonable goal, noting that 84% is the current figure for
the acceptance or approval of OIO recommendations, which was
one of the highest figures amongst international
organizations. He opined that some times, for valid reasons,
divisions in the TS do reject OIO recommendations as too
cumbersome or unworkable, so a 100% implementation rate would
probably not be attainable. He said OIO would be seeking
training in risk management and specialized audit training.
On staffing, Louati said that he currently had eight
full-time staff and that he believed that number to be
adequate.


19. (U) Santiago Onate, the Director of the Legal Advisors
Office, introduced the LAO budget saying that the LAO would
continue to support Article VII implementation in 2007. He
also said that there might be an increased need for legal
support for Article X support. LAO would also continue its
work on privileges and immunities and the drafting and
amending of procurement rules and regulations. In addition,
LAO would also provide legal support to all of the divisions
and branches in the TS. Onate highlighted the fact that the
LAO budget request had decreased by 4% and that this was
largely due to a reduction in the fees paid to the
International Labor Organization (ILO) for trying personnel
cases.


20. (U) Mexico said that they found the placement of
Article VII activities in the LAO budget subprogram to be an
"anomaly." Iran said they did not see any benefit in placing
Article VII activities in the LAO budget and asked why the
two P-2 legal officer positions were not being put in LAO as
opposed to ICA. Austria asked why there was a decrease in
the amount to be paid to the ILO.


21. (U) Onate responded that while the mandate for working
on full implementation of Article VII and the budget for that
goal were in ICA, the reality was that the expertise on
reviewing and drafting national legislation existed only in
LAO; therefore the decision was made to place the two P-2
positions in ICA but under the supervision of LAO. He said
he was not sure if this was the best arrangement, but it was
clear to him that if the positions and funding were placed in
LAO he would need additional administrative staffing to
manage the positions and resources.


22. (U) On the amount budgeted for the ILO, Onate said that
the TS pays a base amount each year to the ILO to have the
right for the ILO to hear cases. The TS must also pay an
additional fee to the ILO for each case heard. Onate
conceded that it was difficult to accurately budget for this,
as there is no way to know how many cases will go to the ILO,
so the amount budgeted is just a best guess taking into
consideration that the tenure issue has been resolved in
front of the ILO and there are likely to be few if any tenure
cases.


23. (U) The Netherlands asked for reassurance that LAO will
have access to adequate resources to carry out its work in
support of Article VII and that ICA will not have a veto or
the ability to hinder LAO's work in support of TAVs to work
on legislation. The UK said that they saw a clear link
between Article VII implementation and support for Article XI
activities.



24. (U) Onate made it clear that ICA would not have a veto
over LAO support for Article VII implementation. He said the
bigger problem for LAO in supporting Article VII outreach was
staffing. He said, for example, that he recently had to turn
down an ICA request to support Article VII outreach for Yemen
because the trip was scheduled for the same dates as the
Executive Council when LAO would be required to provide
extensive legal support for the TS and the EC.


25. (U) The review of the Office of Special Projects budget
was deferred at the request of Iran, as the Director was not
available.


26. (U) Brian Davey, the Head of the Health and Safety
Branch (HSB),introduced the HSB budget noting that the 2007
budget request 1.5% lower than the 2006 budget. He said that
most of the savings was realized by significantly reducing
the cost of physical exams for new employees. Davey
cautioned that the amount of turnover and the resultant
physicals could significantly impact on the expenditures of
the branch as could the need to deal with any complex medical
cases. There were no questions from delegates.


27. (U) The Head of Physical Security, Joe Hogan,
introduced the Office of Confidentiality and Security (OCS)
budget. He said that in 2006, OCS had significantly upgraded
the physical security of the TS. Continued progress was also
made with the VIS. Hogan said no staffing changes were
proposed for the 2007 budget. There were no questions.


28. (U) The next budget consultations will take place on
October 5. In the meantime, the facilitators encouraged
delegations to report to their capitals and seek guidance for
the next round of consultations.

--------------
SCHEDULE 2 FACILITY AGREEMENT
--------------


29. (U) Del rep (Larry Denyer),together with Beth Scott
and Hung Ly of BIS's Treaty Compliance Division, met with Per
Runn, Faisa Patel King, and Susan Atego of Policy and Review
Branch and successfully finalized the language of the
facility agreement for plant site Sched2/125. The agreed
language has gone back to Washington for final review under a
cover letter from Verification director Horst Reeps to Robert
Mikulak (L/VER/PRB/116444/06, dated 13 September 2006).
Treaty Compliance Division has the task to carry out one last
confirmation of the agreed language with plant site
personnel. In their cover letter, the TS asks that we reply
formally to them by September 29, 2006 to enable this
facility agreement to be considered at EC-47 (November 7-10).

--------------
ARTICLE VII
--------------


30. (U) Facilitator Maarten Lak (Netherlands) moderated a
September 12 informal consultation to consider the status of
Article VII implementation. Legal Advisor Santiago Onate
updated the information (summary faxed back to ISN/CB)
included in the draft progress report (date of information as
of August 15),informing delegations that only ten states
have yet to establish National Authorities (NA). Of these
ten, only Mauritania adhered to the Convention before 2003.
(Note: Algeria has kept del reps updated on its efforts,
noting that prior to implementing the CWC, Mauritania must
first stabilize its governmental institutions. It informed
Algeria that Mauritania intends to fully implement its
Article VII obligations as soon as its government is in a
position to do so.)


31. (U) Onate also advised delegations that it is possible
that Honduras and Liberia may establish NAs before the 11th
Conference of States Parties. Onate then advised delegations
that as of September 15 (when Comoros becomes a SP),69 of
179 SPs had yet to inform the TS of the status of its
implementing legislation. However, 44 of these states are in

communication with the TS, and some have sent legislation for
comment or requested models for use in drafting. This leaves
about 25 that have not communicated what legislation is in
place or what efforts are being made to implement Article VII
obligations. Onate indicated that he expected at most one
state to finalize and enact its legislation before the CSP,
and perhaps four or five might submit legislation to
Parliaments.


32. (U) Mexico, supported by Colombia, responded that the
progress report set a very good tone and established that the
encouragement/cooperative approach was working. China also
welcomed the steady progress, but noted that the report's
cut-off date of August 15 and eventual final version's
cut-off date of September 30 was too early: the EC is in
November, the CSP in December. Onate responded that if the
cut-off date would be late October, the TS would not have
time to edit and translate the report into all official
languages and distribute it in time for delegations to send
it back to capital for analysis and guidance. Instead the TS
intends to distribute individual sheets with updates as
progress is made.


33. (U) Australia (also speaking on behalf of New Zealand)
welcomed the significant progress in the Pacific Island Forum
(PIF) states, noting that much of the progress noted in the
report was the result of contributions from SPs who have
participated in regional meetings, sponsored training
sessions, and sponsored or contributed to targeted TAVs in
capitals. Australia emphasized that in the two states
opinions, TAVs are the most effective venue, and that states
rely on the TS to inform states where their efforts and
contributions can be best put to use.


34. (U) Germany took the floor, noting that the 25 SPs about
which nothing is known included the ten without NAs. Did
this mean that the TS has not received any information from
22 states? Onate responded that there are various
communications. For instance, the TS worked for 19 months to
be received by the Afghan consulate in Amsterdam. At this
meeting, the TS was told that Afghanistan would like a TAV --
but now is not the right moment. It also would be necessary
to carefully consider the venue, whether the TAV should be in
The Hague or in Kabul.


35. (U) Status reports: The newly arrived Turkish rep
informed delegations that beginning in 2004, he became the
drafter of Article VII implementing legislation. The Turkish
legislation now is in Parliament, and should be enacted by
the end of 2006. Belgium noted that at the next
consultation, it would provide an update on the status of its
legislation. Sierra Leone, which recently established its
NA, has requested a TAV to assist its drafting effort.
Belgium noted that it would assist the TS efforts to receive
information from the DROC.


36. (U) SPs outreach and assistance to implementing states:
France gave an impassioned summary of its biannual training
courses in Paris, but noted that Paris is not expected to
participate in any TAVs to capitals. The UK announced that
it would be holding a follow-up training session for NAs that
would focus on declarations and industry inspections. Canada
announced that it would be providing logistical support for
the upcoming TAV to Haiti. Netherlands announced its support
for the upcoming meeting for NAs of South African states,
noting that it would be hands-on training vice TS
presentations. Netherlands also supported the recent TS/U.S.
TAV to Paramaribo.


37. (U) Australia, for New Zealand, noted NZ's voluntary
contribution of 10,000 euros to support former TS staff
member Keith Wilson's PIF TAVs. Wilson's efforts to date
include PNG, Cook Islands, and Vanuatu. Australia noted its
participation in TAVs to PNG and Cambodia, as well as its
Australian translation of model legislation into Khmer.
Australia also noted that Tuvalu, one of the states about
which little is known, is targeted for the next round of
NZ/Australia-supported TAVs. Both NZ and Australia are
considering additional voluntary contributions to support

future TAVs in their region. The U.S. noted its national
assistance paper (July 2006),and provided copies to those
who had not received them in July.

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


38. (U) At a September 11 facilitation on Article X issues,
Hans Schramml (Austria) began with a briefing on the
activities of the Assistance and Protection Branch in 2006.
APB chief Gennadi Lutay provided two documents: a six-page
briefing, and a list of the 92 member states
that participated in the courses and events in 2006 (both
documents were FAXed to ISN/CB). As for the key points:

-- Lutay made the pitch for one more regional course focused
on Asia in 2007.
-- On Africa, he noted that there is a particular focus on
East Africa.
-- On Central Asia, Lutay said there would be a meeting in
Tashkent in about a month to review the efforts, funded by
Norway, to assist the six countries of Central Asia. The
focus of the Tashkent meeting is also to determine how
they can continue efforts independent of TS assistance, with
guidance provided by instructors from Switzerland. In
response to a request from The Netherlands, Lutay said that
APB will provide a report of the Tashkent discussions.
-- Lutay added that a similar assistance arrangement is being
considered for African states, and that Switzerland has
indicated a willingness to help in Africa as well.
-- The APB budget for 2007, stated Lutay, is basically
unchanged.
-- In response to a question from the Dutch, he noted that
some equipment storage is done at the OPCW lab, but some is
also done with the Dutch government. There are discussions
under way to see if more storage (at reduced costs) might be
arranged.
-- In response to a question from Poland, Lutay said that
various types of equipment are needed by the TS, and the most
effective way to proceed is to have offers from SPs listed in
the new format. That will then generate
more accurate requests from the TS.
-- Lutay specifically said that the TS assessment of the
offers that have been provided so far indicate that there is
a specific shortfall concerning equipment suitable to
assisting children.
-- There is also a problem of limited offers of
transportation. Recognizing that this is a tall order, Lutay
noted that for short-notice requests, offers of aircraft are
needed.
-- Lutay also noted that the voluntary fund does not have
enough money. There currently is enough to handle about
three days of operations.


39. (U) The next issue was a briefing on follow-up actions
concerning Joint Assistance Exercise 2005. Renato Carvalho
of the Inspectorate provided a two-page summary of follow-up
actions (FAXed to ISN/CB). The key points:

-- The training plan for inspectors in 2007 is being
formulated. He specifically cited the effort to double the
number of inspectors certified on the X-ray machine as well
as more live agent training.
-- In response to a question from the Germans, Carvalho
reported that the funds allocated for training in 2006 as a
follow-on to JAE had been spent by mid-year. Additional
funds were then provided by transferring unused allocations
from within the Inspectorate. Some of this came from vacant
posts.
-- The key problem area was communicators for inspectors. In
response to a question from The Netherlands, the problem is
that sub-teams are working at some distance from each other,
so repeaters are needed.
-- The team leaders need guidance on how to handle public
affairs. The recommendation is for training to be approved
by the end of the year.
-- The bottom line is that 80-90% of the tasks recommended by
the Working Group are completed.

-- A shortened version of the Working Group report will be
distributed soon.


40. (U) Iran asked about the composition of the assessment
team. Carvalho confirmed that it was five TS personnel, two
from the U.S. and two from the UK. Iran asked how that
composition came about, and Carvalho replied that the U.S.
and UK had offered people. When Iran asked if all SPs had
been given a notification that they could offer assessors,
Carvalho confirmed this had not been done. Instead, all SPs
had been given a chance to send observers, of which there
were over 90. Iran said that this was not the same as
providing an assessor, and, as a result, it could not concur
at this time. (Note: At this point, it is not clear exactly
what the Iranians could actually do to halt any follow-on
actions. They can certainly complain at the November EC, but
the actions being taken are all internal TS decisions.)


41. (U) Finally, Schramml noted that he will be returning to
Vienna on October 1 so the search should begin for a new
facilitator. He offered to continue in that role from Vienna
if a new facilitator could not be found and return to The
Hague as needed. Del rep spoke to Schramml about this after
the meeting and noted that it was pretty clear that effective
consultations were hard to do when facilitators are not
present in The Hague, adding that there may also be
advantages in finding a capable, non-WEOG facilitator to
handle Article X.


42. (U) Javits sends.
ARNALL