UKRAINE: U.S. NON-PAPER ON CFE DELIVERED;

C O N F I D E N T I A L KYIV 002114

SIPDIS

SIPDIS

E.O. 12958: DECL: 08/23/2017
TAGS: PREL PARM KCFE NATO OSCE RS UP
SUBJECT: UKRAINE: U.S. NON-PAPER ON CFE DELIVERED;
UKRAINIANS PROVIDE A PARALLEL NON-PAPER

REF: A. STATE 116196


B. MOSCOW 4118

C. HULTMAN-LOGSDON AUGUST 22

D. 2007 EMAIL

Classified By: Political Counselor Kent Logsdon for reasons 1.4(,b,d).


1. This is an action request. See paragraph 5.


2. (C) As agreed ref email, PolCouns met with MFA Director
for Non-Proliferation and Arms Control Volodymr Belashov
August 23, to follow up on Acting EUR A/S Volker's meeting
with the Ukrainian Charge and Moldovan Ambassador August 22
in Washington. Also as instructed, Polcouns provided a copy
of the Ref A non-paper and stressed that the U.S. was
committed to find a way to work with Russia and other CFE
states to see the A/CFE Treaty enter into force. Belashov
was grateful for a copy of the non-paper; he had not yet
received a copy from the Ukrainian DCM in Washington or a
readout of the meeting with Acting A/S Volker.


3. (C) Belashov said that Ukraine had been consulting with
a number of Treaty members regarding a possible way ahead and
looked forward to reviewing the U.S. proposal. He asked
whether the U.S. had consulted with other Treaty members in
addition to NATO allies and Russia, in particular Georgia.
Belashov also noted that Ukrainian DFM Veselovskiy had
proposed to Russian FM Kislyak that they meet to discuss the
Russian position sometime between September 3 and 5; however,
a date had not yet been agreed.


4. (C) According to Belashov, Ukraine strongly supports
preserving the CFE regime and is eager to work together with
the U.S., Russia and other Treaty members to do that.
Ukraine wants to deal with Russian concerns, especially with
regard to the Istanbul commitments, in a way that allows
movement toward ratification. To the end, Ukraine now had an
approved non-paper that Belashov shared with PolCouns, along
with a request that it be passed to the U.S. experts for
comment. Belashov hoped to have U.S. comments in hand prior
to the proposed September 3-5 bilateral meeting with the
Russians. Text of the Ukrainian English language non-paper
follows in paragraph 6 (two longer papers in Ukrainian were
also given to PolCouns, described by Belashov as a more
detailed accounting of Ukraine's position; post will
translate relevant portions of those to be conveyed to
EUR/UMB and EUR/RPM.


5. (C) Action Request. Please provide information
regarding other Treaty members (in addition to NATO, Russia,
Ukraine and Moldova) who have received a copy of the U.S.
non-paper. In addition, post would appreciate any Washington
comments on the Ukrainian non-paper by August 31, so that we
can share them with the MFA prior to any bilateral meeting
with Russia regarding the treaty. Finally, post would
appreciate guidance on what we can share regarding the
Russian reaction to the non-paper (Reftel B). Department's
assistance is appreciated.


6. (SBU) Text of the Ukrainian Non-Paper.

Ukraine fully supports preserving the CFE regime in the wider
sense of this important international instrument of
maintaining stability and security in Europe.

Ukraine fully acknowledges the fact that the CFE Treaty of
1990 is not adequate to the current situation in Europe.

Having ratified the Agreement on Adaptation of the CFE Treaty
in September 20, 2000 Ukraine has acknowledged the necessity
to strengthen the CFE Treaty regime.

By refraining from transmitting to the Depository the
instrument of ratification of the Agreement on Adaptation of
the CFE Treaty, Ukraine has clearly set out its position:
this Agreement should enter into force only after Russia duly
meets it commitments under the Final Act of the Conference of
the CFE Treaty participating states and the Declaration of
Istanbul OSCE summit.

Ukraine is ready to engage actively in the search of possible
solution of existing problems to keep the CFE regime,
including participation in consultations with the States
Parties to the CFE Treaty.

Ukraine's support of the basic provisions of the CFE Treaty
does not preclude the possibility of looking into the
problems raised by Russia, Azerbaijan and other CFE Treaty
Parties.

Ukraine acknowledges that there are no legal grounds for

Russia to suspend its implementation of the CFE Treaty. So,
such a step could be considered as a violation of the Treaty.

At the same time, we are sure that it will be unproductive to
engage into a broad discussion on the legality of Russia's
actions because such a discussion will be, undoubtedly,
confrontational, unfruitful and will distract a lot of time
and attention from the search of practical solution of
existing problems acceptable to all CFE Treaty States
Parties. Moreover, insisting on "illegality" of the
suspension by Russia of the CFE Treaty implementation can
only "encourage" Russia to denounce the Treaty, which is
undesirable both for Ukraine, NATO CFE Treaty States Parties
and the Alliance as a whole.

Thus, Ukraine proposes to avoid such futile discussion but to
start right now a constructive search for the settlement of
existing problems concerning the CFE Treaty.

Ukraine considers it necessary to continue this work even if
the existing problems are not settled before December 12,
2007, that is - even after Russian suspension of its
implementation of the CFE Treaty.

At the same time the Russia's suggestion "to be asked by the
CFE Treaty participating states to continue its work in the
frame of the Joint Consultative Group (JCG) and the
conference of participating states" when Russia does not
implement the CFE Treaty

obligations on a highly doubtful legal basis is unacceptable.
To continue the dialogue it is expedient to establish,
within or outside the JCG, the ad-hoc working open to all
States Parties and Russia. The other possible way out could
be the statement by Russia that it ceases to implement all
provisions of the CFE Treaty, "except Russia's participation
in negotiating bodies of the CFE Treaty with appropriate
payment for their functioning". In other words, it should be
the Russia's initiative, but not that of the other CFE Treaty
States Parties. At the same time the multilateral format may
and even should be complemented by bilateral contacts with
Russia, but all final decisions should be taken by consensus.

Possible steps for settling the problem.


1. Russian Federation and Georgia guarantee to the Russian
military pensioners who live on the territory of the Russian
"Gudauta" base, the proper accommodation of their choice on
the territory of the Russia Federation or Georgia. After
that Russia Federation transmits that base under the control
of Georgia, possibly under some Georgian guarantees. For
example, the base should not be used for military goals.


2. The Russian Federation reserves the right to remove all
necessary ammunition and equipment from the depot on the
territory of Moldova at the earliest possible date.


3. The rest of ammunition (unusable, redundant etc.)
should be destroyed at the place of their storage or at the
other objects with full NATO, EU or OSCE financing.


4. The responsibility for guarding Russian ammunition
depots and arsenals on the territory of Moldova (in
Transnistria) is gradually transferred from the armed forces
of the Russian Federation to the international civil (police)
contingent (in the framework of the OSCE operation) with the
participation of the Russian Side if it deems it desirable.
The main task, we think, is to internationalize" those
operations. The lead nation of the mission should be defined
with Russia's accord.


5. NATO member-states, the CFE Treaty participating
states, commence the ratification process of the Agreement on
Adaptation of the CFE Treaty, but submission of the
instruments of ratification is postponed till there is a
mutual understanding of "full implementation" of all Istanbul
obligations of 1999 by Russia (so called "Ukrainian modified
approach"). Of course, this process will be started after
first positive "signals" on concrete achievements and will be
finished after the final settlement of all existing problems.


End Text.


7. (U) Post appreciates Department's assistance. Visit
Embassy KYIV's classified website:
www.state.sgov.gov/p/eur/kiev.
Taylor