Identifier
Created
Classification
Origin
07THEHAGUE1347
2007-07-16 10:05:00
UNCLASSIFIED
Embassy The Hague
Cable title:  

CHEMICAL WEAPONS CONVENTION (CWC): WRAP-UP FOR THE

Tags:  PARM PREL CWC 
pdf how-to read a cable
VZCZCXYZ0000
OO RUEHWEB

DE RUEHTC #1347/01 1971005
ZNR UUUUU ZZH
O 161005Z JUL 07
FM AMEMBASSY THE HAGUE
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9821
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 001347 

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 LEDDY
WINPAC FOR WALTER

E.O. 12958: N/A
TAGS: PARM PREL CWC
SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC): WRAP-UP FOR THE
WEEK ENDING JULY 13

This is CWC-64-07.

------------------------------------
INDUSTRY CLUSTER - LATE DECLARATIONS
------------------------------------

UNCLAS THE HAGUE 001347

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 LEDDY
WINPAC FOR WALTER

E.O. 12958: N/A
TAGS: PARM PREL CWC
SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC): WRAP-UP FOR THE
WEEK ENDING JULY 13

This is CWC-64-07.

--------------
INDUSTRY CLUSTER - LATE DECLARATIONS
--------------


1. (U) On July 10, the facilitator (Larry Denyer, U.S.)
chaired a consultation on late declarations, which was
well-attended. The discussion centered around the latest
facilitator's draft decision text, as well as the Technical
Secretariat's supporting paper, both of which were

SIPDIS
distributed during the June consultation.


2. (U) Even though they requested the paper from the TS, the
Iranian delegation was quick to point out its supposed flaws.
They also made a series of inaccurate statements that showed
their lack of clear understanding of the issue.


3. (U) Although making very helpful interventions throughout,
the South African delegate was clear about his inability to
support any "new obligations" for States Parties, suggesting
that operative paras (a) and (b) be completely removed. He
made it clear that his concern was not that of his NA but in
the name of small National Authorities like most within
Africa. The New Zealand delegate made a similar plea on
behalf of the Pacific Islands SPs, which are not typically
represented at these consultations.


4. (U) Germany, France, Japan, Canada, and Switzerland all
spoke in favor of the decision. Canada did, however, in
light of others' concerns, suggest that the decision could be
modified to address the impact that the lack of initial
declarations has on this issue and to focus on timely
declarations from those that have known declarable chemical
industry. Germany (along with the UK) proposed that
operative para (b) (allowing a one-time "nil" declaration,
assuming nothing changes) was not needed and not preferable
to an every-year requirement. Japan acknowledged that this
decision was just a first step in fully solving this problem,
and that the data gathered would allow the TS to know how
best to help SPs submit declarations on-time.


5. (U) The Russian delegation made a surprisingly helpful
intervention wherein they reminded delegations of the careful
verification activities that possessor states must undergo

(which is "appropriate"),while those not submitting
declarations are allowed to be in "permanent violation." He
also compared the idea of "nil declarations" to the voluntary
measures they are allowing for EC visits as an added measure
of transparency. Rather than garnering negative reactions,
these comments were actually welcomed by other delegations,
particularly in light of the widely-agreed obligations for
initial declarations.


6. (U) Switzerland once again related the work their NA does
on behalf of Liechtenstein in preparing declarations. They
pointed out the entirety of the industry review process to
determine if anything needs to be declared takes about four
hours, while the actual declaration process takes about one
minute. They suggested, therefore, that the discussion not
focus on burden to NAs but rather on how to prevent
"non-compliance" by those who declare late.


7. (U) In light of the discussion, it was obvious that
consensus on the current text is unachievable. Knowing that
time is running out for making a recommendation to the
Executive Council and then the Conference of States Parties
(and that this is an issue that remains unresolved from the
First RevCon and should be addressed before the Second RevCon
begins),the facilitator will prepare a revised decision text
based on those items that appear to be capable of consensus -
e.g., insisting that outstanding initial declarations be
submitted, stressing the importance of timely declarations,
requiring those who submit late to explain why and to request
assistance (if needed).


8. (U) This will go to delegations in the coming weeks so
that capitals can appropriately react in time for the
September consultation. The facilitator will work closely

with interested (and problematic) delegations before the
September meetings to see if consensus on these more limited
objectives can be reached and referred to the EC in
late-September. The decision will also lay out those items
that remain to be resolved and should be considered at the
Second RevCon.

--------------
ARTICLE XI
--------------


9. (U) The Article XI consultation on July 12 marked the
first consultation under the new facilitator, Mr. Li Hong of
the Chinese delegation. The agenda for the meeting was: (1)
Report by the DG on the Status of Implementation of Article
XI (EC-48/DG.12 dated 5 March 2007); (2) TS presentation on
implementation status; (3) general comments; and (4) any
other business.


10. (U) The bulk of the meeting centered on ICA activities
(e.g., associate program, research projects, conference
support, equipment transfer, lab skills development) and
funding. This included a presentation by Bijoy Chatterjee,
head of the International Cooperation Branch, on ongoing
activities (to be made available on the external server).
There were several questions about the balance in ICA funding
between the general budget and voluntary contributions. Iran
asked for a more general presentation from the TS, while
Japan asked for a briefing from the TS on the history of the
issue. There was also some discussion about new States
Parties and whether they are given priority consideration for
these various programs.


11. (U) In response to questions from Iran, Legal Advisor
Onate discussed SP efforts in the area of reviewing their
legislation to ensure it is consistent with the CWC, etc. He
reported that 57 SPs (31%) had reviewed their legislation and
found it consistent, 3 SPs (2%) had reviewed their
legislation and identified necessary modifications to their
legislation (which are underway),17 SPs (9%) are still
reviewing their legislation, 16 SPs (9%) have not yet
reviewed their legislation, and 89 SPs (49%) have not yet
responded to the 2004 TS questionnaire. He also said that
the TS has no criteria for the legislative review of SPs, but
rather on what the SPs report.


12. (U) China commented on the political will that would be
necessary to fully tackle this issue. Iran concurred and
hinted at a systematic approach like was done under Article
VII. However, it was Brazil (who seldom intervenes at all)
who, obviously at the instigation of others, first mentioned
the idea of a plan of action for Article XI. This was
quickly supported by Algeria and Cuba. South Africa was
careful to call for starting with the CSP decision, which
Mexico supported. Mexico (whose delegate was one of the
co-facilitators for the earlier CSP decision),suggested that
calls for additional information (like those of Iran) were
probably not needed, as the earlier CSP decision was careful
to consider all past work on the matter to come to as
comprehensive a decision as possible. Del rep was the only
WEOG delegate to intervene to say that using the CSP decision
as our guide was preferable to any other plan that could be
developed.


13. (U) Of other general interest, it was announced during
the meeting that Chatterjee will be leaving the TS in the
near future.

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


14. (U) Kimmo Laukkanen (Finland) chaired a consultation on
Article VII on July 12. The agenda was focused on updating
recent developments, plan of activities, and follow-up to the
action plan.


15. (U) In his update, Legal Advisor Onate first reported
progress on establishment of National Authorities (NA). He
E

stated that the TS has received no responses to date to the
latest letter from the EC Chair to the remaining SPs without
NAs. Of the 10 SPs that have yet to establish their NAs:
- Mauritania reported at the Algiers universality
workshop that they are considering establishing their NA
within their Ministry of Defense.
- The TS has not been able to establish any good contacts
within Timor L'Este, because of the current political
instability.
- In April, Afghanistan provided the TS with a list of
possible members of their NA.
- The TS has had no contact with Cape Verde since
September.
- Cambodia has published a decree to establish their NA.
However, they have not reported the contact details to the
TS. The result is, even though the TS is confident that the

SIPDIS
NA has been established, they cannot take them off the list
until they are in a position to contact their NA.
- The TS worked extensively with Honduras to provide them
with draft decrees for NA establishment. Honduras now
reports that a draft decree is under consideration, with the
hope to establish the NA before the end of August.
- Montenegro has established its NA by ministerial
decree. However, they have not reported the contact details
to the TS. The result is, even though the TS is confident
that the NA has been established, they cannot take them off
the list until they are in a position to contact their NA.
- Comoros has established an interim and provisional NA,
however the TS has not been informed whether this NA has yet
been finalized.
- The Central African Republic is only awaiting their
Ministry of Justice to name its representative to their NA
before this can be finalized.
- Barbados (a new SP) has no NA yet.


16. (U) Onate also reported that 119 SPs had submitted
Article VII reports, up from 117. On the legislative front,
50 SPs now have comprehensive legislation, up from 47. The
three new SPs with legislation are Argentina, Madagascar, and
Tunisia.


17. (U) Onate also reported recent and upcoming TS
contacts/visits:
- During the June 18-19 universality workshop in Algiers,
Article VII consultations were held on the margins, yielding
good results.
- During the June 20-22 legislative drafting workshop
held in The Hague, the following SPs left with complete
drafts of their legislation: Burundi, Central African
Republic, Congo, Djibouti, Laos, Montenegro, Rwanda, San
Marino, Swaziland, and Turkmenistan. This was the first time
this format had been used, which allowed all of the LAO
resources to be at hand.
- Advanced NA training was held July 2-6 in Spain,
focusing on criminal enforcement.
- A workshop was underway this week in South Africa.
- A meeting of parliamentarians from 9 Latin American SPs
will be held in Bogota on July 27-29.
- In early August, VERIFIN will host a training course,
which will include drafting assistance.
- In mid-August, a workshop will be held with 7 SPs in
the south Pacific.
Other delegations reported their outreach/training efforts,
including the ongoing industry workshop in Manila that was
organized by Japan and Australia.


18. (U) Russia was the first delegation to express support
for a continuation of the work of the action plan after the
upcoming CSP. This was supported by the U.S., Germany,
Sweden, Mexico, France, Algeria, and the UK. Given the
ongoing nature of this effort, Iran questioned whether this
needs to continue to be a priority, which China supported.


19. (U) Ito sends.
GALLAGHER