(S) DEMARCHE DELIVERED: CHEMICAL WEAPONS DESTRUCTION

S E C R E T SECTION 01 OF 02 TRIPOLI 000626 SIPDIS STATE FOR NEA/MAG GAVITO, OES/STC FOR SENSENEY, DSWMDR KEN WARD E.O. 12958: DECL: 11/1/2016 TAGS: PARM PREL OPCW CWC LY SUBJECT: (S) DEMARCHE DELIVERED: CHEMICAL WEAPONS DESTRUCTION ASSISTANCE TO LIBYA REF: STATE 176372 CLASSIFIED BY: Elizabeth Fritschle, Pol/Econ Chief, United States Embassy, DOS. REASON: 1.4 (b),(d) ¶1. (SBU) SUMMARY: Charge discussed Reftel points (concerning U.S. Chemical Weapons Destruction Assistance to Libya) with senior Qadhafi advisor and General People's Committee for Foreign Liaison and International Cooperation (GPCFLIC) Secretary Abdulati al-Obeidi October 31. Their discussion SIPDIS followed Embassy ESTH officer's delivery of the points in non-paper form to Colonel Ahmed AbulHuda and the new GPCFLIC POC for OPCW matters, Adem Talah. Obeidi said the Libyans are examining the Embassy's revised Arabic translation of the contract, and planned to provide feedback before the OPCW meeting in the Hague. He reviewed ongoing Libyan objections to the termination notice section, as well as appropriations and foreign assistance-related restrictions on the program. The previous day Colonel AbulHuda stayed only for a moment, and left Talah and ESTH officer to continue discussions. (ESTH officer spoke with Colonel Huda on the phone earlier in the week and discussed the general issues outlined in reftel) Talah provided no official response, but received the points, and stated that he understood the contractual/financial issues associated with the November deadline for conclusion of the contract discussions. END SUMMARY. -------------- Obeidi Reviews Concerns -------------- ¶2. (C) Following ESTH officer's delivery of the Arabic translation of the contract and Reftel points, (see below), Charge reiterated to Obeidi the need for an expeditious reply (preferably before the November 6-10 OPCW meeting at the Hague) and highlighted the November 25 contract bid expiration date. Obeidi responded that he would discuss our response with General Ahmed Mahmoud Ali Al-Zwayy November 1 and the Libyans would try to get back to us on our draft before the November 6 OPCW meeting, but reiterated that the Libyans have been unhappy since the early September discussions in Tripoli about three issues: - Their perception that the U.S. committed to a 45 million dollar effort, but can only sign for $24,600,000. "This hampers our ability to budget and to provide proper assurance to the OPCW," Obeidi said. (Note: As in previous discussions Obeidi was not receptive to an explanation of the US appropriations process. End Note.) - The removal of the equipment from Libya after conclusion of the contract; and - The 30-day cancellation clause. -------------- Upcoming Executive Council Meeting in The Hague -------------- ¶3. (U) ESTH officer discussed the U.S. desire to conclude contract negotiations, if possible, during the upcoming executive council session of the OPCW in The Hague. Talah and Colonel AbulHuda agreed that this would be a good opportunity as Talah and Dr. Ahmed Hesnawi would both be in attendance. (Background: Dr. Hesnawi is the Libyan lead technical representative in the discussions, and due to his proficiency in English, Arabic and the technical aspects of the munitions and precursors involved, is the de facto lead negotiator when General al-Azwaay is not in the room.) Although they understood this to be an opportunity to conclude negotiations, neither provided a solid commitment or deadline for completion. -------------- COMMENT -------------- ¶4. (S) While the GOL is certainly committed to fulfilling their obligations with respect to the OPCW, there is still some resistance to complete the contractual negotiations. They understand what items/deliverables they need to provide to satisfy the U.S. government, but continue to drag their feet. Talah said plainly that the pace of the negotiations was moving along as fast as the Libyans "desired." Interestingly, the GOL sent Talah to Rome the week of October 22-28 to attend a conference on OPCW obligations to give him an insight into the organization's precepts, showing a continued desire to understand and adhere to their obligations. While the delay in part reflects the specific three concerns outlined by Obeidi, it also reflects the Libyans ongoing calls for a signficant "reward" that the government can show as the benefit of having renounced its WMD programs. They often complain that they gave up hundreds of millions of dollars to the U.S., and in return they expect that the U.S. will reward them with projects and equipment. -------------- Next Steps: -------------- ¶5. (SBU) OES A/S Claudia McMurray plans to visit Tripoli on November 11-13 2006, and will have a chance to meet with Dr. El-Waer of the LEA. This will provide an opportunity to ask El-Waer for a definitive answer to Libyan interest in hazardous waste disposal, and what interest remains, if any, in retaining the incinerator/neutralization equipment after the destruction process. If the GOL does not provide its suggested language changes before the upcoming meeting in The Hague, the U.S. delegation will have an additional opportunity to press for the requested items, and/or the issues slowing negotiations. GOLDRICH