CHEMICAL WEAPONS CONVENTION (CWC): HOST COUNTRY

C O N F I D E N T I A L STATE 112671 SIPDIS THE HAGUE FOR CWC DEL E.O. 12958: DECL: 10/22/2018 TAGS: PARM PREL KTIA CWC GM SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC): HOST COUNTRY AGREEMENT WITH GERMANY ON CHALLENGE INSPECTIONS (SBU) Classified By: Classified By: ISN/CB Office Director Robert Mikulak. Reasons: 1.4 (B) and (D). ¶1. (U) Action request in paragraph 6. -------------- Objective -------------- ¶2. (C-REL Germany) Department requests Embassy to pursue the following objectives: -- Work with the Government of Germany to conclude a Host Country Agreement (HCA) on the conduct of Chemical Weapons Convention (CWC) challenge inspections. -- Set up a meeting between the United States and Germany during the CWC Conference of the States Parties scheduled to take place December 2-5, 2008 in The Hague. -------------- Reporting Deadline -------------- ¶3. (U) Embassy should report results of discussions with German Officials by cable to ISN/CB Eugene Klimson by November 14, 2008. -------------- Background -------------- ¶4. (C-REL Germany) The United States and Germany have been negotiating a CWC HCA since 1997. In June 2007, U.S. and German officials met on the margins of the CWC Executive Council to discuss some German text proposals. Although some issues were resolved, a number of outstanding items remain. In November 2007, the U.S. Government delivered a paper and revised draft for the German Government. The United States has made inquiries at CWC meetings, but has not yet received any comments from Germany. ¶5. (U) Washington would like to meet to discuss the U.S. proposals at the upcoming CWC Conference of the States Parties in The Hague, December 2-5, 2008. -------------- Action Request -------------- ¶6. (U) Drawing on the background, Post is requested to deliver the talking points in paragraph 8 and draft MOU at paragraph 9 to the appropriate German official(s) and report the results of discussions back to Washington. -------------- Point of Contact -------------- ¶7. (U) Please contact ISN/CB Eugene Klimson at (202)647-5165 or via email for any necessary further background needed to meet our objective. -------------- Talking Points -------------- ¶8. (C-REL Germany) Talking points for Germany: Begin talking points: - The United States appreciates Germany,s continued cooperation to negotiate a Chemical Weapons Convention Host Country Agreement. - During the CWC Conference of the States Parties in November 2007, we delivered a revised draft CWC Host Country Agreement to the German delegation. - That draft took into account comments we received during negotiations with your Government in June 2007. - We would like to inquire about the status of your review of the draft and would like to request that our Governments meet in The Hague during the CWC Conference of the States Parties scheduled for December 2-5, 2008. - For your convenience, here is a copy of the draft which we presented to your representatives during the Conference of the States Parties in 2007. (Hand over draft.) - We look forward to continuing our negotiations with your government on this matter. End talking points. -------------- DRAFT MOU -------------- ¶9. (C-REL Germany) Draft MOU for delivery to appropriate German Representatives: Date: November 5, 2007 The Embassy of the United States refers to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993, hereinafter referred to as "the Convention." The Embassy proposes the arrangements and principles for the conduct of challenge inspections on the territory of Germany set forth in the attached Annex. The arrangements and principles should apply to the conduct of any challenge inspection conducted in the territory of Germany in which the assets of the United States may be within or in the vicinity of the inspection site. If these arrangements and principles are acceptable, the Embassy proposes that this note and your reply constitute an understanding between the Government of the United States and the Federal Republic of Germany upon the matters referred to therein. The arrangements and principles may be amended in writing by the United States and Germany, hereinafter referred to as "the Participants." The Embassy further proposes that these understandings be effective upon the date of your reply and shall continue in operation unless terminated by either Participant after giving 90 days written notice to the other Participant. Annex Understanding Between the Government of the United States of America and the Government of the Federal Republic of Germany (hereinafter: Participants) Concerning the Conduct of Challenge Inspections Pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction It is understood that both Participants should work closely and cooperatively together in order to fulfill their obligations under the Convention. It is also understood that both Participants should work closely together to ensure that their sovereign rights can be exercised and national interests protected in meeting their obligations under the Convention. ¶I. Notification of Challenge Inspections (1) Notification Participant should notify the other Participant as soon as possible upon receipt of a notification of a challenge inspection on its territory, or in any other place under its jurisdiction or control, if the notification gives rise to the possibility that assets of the other Participant may be affected, or if the other Participant is designated to be the host State to the challenge inspection. The Participant's notification should provide all available information concerning the inspection, such as the information set forth in Section B (paragraphs 4 and 7) of Part X and Section D (paragraph 32(b) - 32(f)) of Part II of the Verification Annex of the Convention (hereinafter referred to as "the Verification Annex"). Any further information about the inspection that becomes available after the initial notification should also be provided to the other Participant as soon as possible. (2) Points of Contact The points of contact for notifications to the United States are the United States Nuclear Risk Reduction Center (telephone 01-202-647-9166, fax 01-202-647-4892) and the United States European Command Theatre Command Center (0049-711-680-5065/7, fax 0049-711-680-5066). The point of contact for notification to Germany is the German National Authority for the CWC (e-mail: cwcgermany@auswaertiges-amt.de, telephone 49 30 5000 2911, fax 49 30 5000 4498). (3) Liaison Team The Participant being the inspected State Party should ask the other Participant to send a liaison team to the point of entry. The Participant on whose territory the inspection is designated to be carried out should assist, within available resources, the entry of the liaison team, and their equipment and materiel (possibly including a mobile laboratory),into its territory, including, but not limited to, the provision of visas, aircraft diplomatic clearance, and assistance with customs, so that, where possible, the liaison team may arrive at the point of entry and the inspection site before examination of inspection equipment and perimeter negotiations with the inspection team are initiated. If a Participant intends to send liaison officers, it should inform the Participant on whose territory the inspection will take place and provide a tentative list of these personnel and equipment within four hours of receipt of the host country,s notification. II. Pre-Inspection Activities (1) Requesting State Party Observer Whenever the Participants notify each other of a challenge inspection in accordance with this Understanding, they intend to consult before a decision is taken, in accordance with Article IX paragraph 12 of the Convention, whether to accept an observer designated by the requesting State Party. Host State Party responsibilities for challenge inspections include that it should facilitate the inspection and should provide for the necessary support to enable the inspection team to carry out its tasks in a timely and effective manner as set forth in Section C (paragraph 19) of Part II of the Verification Annex. (2) Equipment Inspection When the Participant has sent a liaison team in accordance with this Understanding, that liaison team may observe and participate in pre-inspection activities, including equipment inspection and assist in the preparation of its assets for inspection. (3) Information Sharing The liaison team should provide to the other Participant's escort team the necessary information and documentation about the assets that could be affected by the inspection. (4) Erroneous Identification of Inspected State Party When a Participant is identified as the inspected State Party for inspection of an asset (as defined under paragraph IV.(1) of this understanding) on its territory and only the other Participant's assets are affected, both Participants should consult concerning the possibility, in accordance with the Convention, of informing the Director-General and Executive Council of the Organization for the Prohibition of Chemical Weapons accordingly, and seeking a change in designation. When government sovereign vessels and aircraft are the sole object of an inspection, the Participant owning or operating such assets should be the Inspected State Party and both Participants should pursue a change in designation with the Organization for the Prohibition of Chemical Weapons. (5) Perimeter Negotiations Whenever one or more facilities of one Participant are included, fully or partially, within the inspectable area while the other Participant is the inspected State Party, the Participants should cooperate closely in designating the final perimeter. Both Participants should consult on the alternative or final perimeter before a position regarding the alternative or final perimeter is offered to the inspection team by the Participant being the inspected State Party. The delineation of the alternative or final perimeter is to be subject to the agreement of the host state. III. Conduct of Inspections (1) The Participants should coordinate prior to a decision being taken by the inspected State Party on access or information given to the inspection team by the inspected State Party concerning an asset of the other Participant. The representatives of the inspected State Party should not refer to, or provide information on, assets belonging to the other Participant outside the inspectable area without prior coordination. (2) Whenever one or more assets of a Participant is included, fully or partially, within the inspectable area while the other Participant is the inspected State Party, the Participant being the inspected State Party should permit the Participant whose assets are included within the inspectable area to implement the provisions specified in Section C of Part X of the Verification Annex with respect to those assets. The Participants should take the necessary steps to ensure that such a fact is recorded in the inspection reports, annexes, or comments of the inspected State Party thereon. Both Participants should cooperate in ensuring that the inspections can be carried out in a timely and effective manner and in accordance with the respective obligations under the Convention. IV. Additional Provisions (1) Definitions The terms used in this Understanding have the same meaning as in the Convention. In addition, "Assets" refers to any facility, equipment, area, building, location, or government sovereign vessel or aircraft owned, operated, occupied by, or under the control of the government of a Participant that is utilized for military purposes. This includes any military facilities or areas utilized by the government of a Participant by agreement with the other government. "Government sovereign vessels or aircraft" refers to public vessels (including warships, as defined under customary international law as reflected in Article 29 of the 1982 United Nations Convention on the Law of the Sea, or other ships owned or operated by a State and currently being used for government non-commercial service) or state aircraft (as referred to in the Convention on International Civil Aviation of 1944). "Inspectable area" refers to the area within the perimeter (requested, alternative or final) and includes the 50 meter band measured outward from that perimeter. (2) Effect on Existing Agreements Except as expressly provided for in this annex, nothing in the Understanding should be interpreted as altering in any way any agreements in force or understandings in effect between the Participants. This Understanding should be interpreted in a manner that is consistent with the Convention, any agreements in place between the Participants, and any agreements entered into between either Participant and the Organization for the Prohibition of Chemical Weapons. (3) Challenge Inspection Exercises In order to prepare for the possibility of challenge inspections, the Participants may conduct joint challenge inspection exercises. Such exercises should be based upon this Understanding. End draft MOU. RICE