CFE/JCG: 21 OCTOBER PLENARY - ISTANBUL

C O N F I D E N T I A L USOSCE 000253

SIPDIS

STATE FOR VCI/CCA, EUR/RPM
JCS FOR J5 NORWOOD
OSD FOR ISA PERENYI
NSC FOR HAYES

E.O. 12958: DECL: 10/22/2018
TAGS: KCFE OSCE PARM PREL
SUBJECT: CFE/JCG: 21 OCTOBER PLENARY - ISTANBUL
COMMITMENTS; ALLIES SUPPORT U.S. PROTEST; JCG CANCELLATIONS

Classified By: Chief Arms Control Delegate Hugh Neighbour,
for reasons 1.4(b) and (d).


1. (SBU) At the JCG Plenary on 21 October, the Czech
Republic called on Russia to fulfill its Istanbul Commitments
and voiced support for Georgia and Moldova on the same issue.
Russia continued to accuse Allies of a "double standard" in
criticizing Russia but not other States Parties on the
fulfillment of the Istanbul Commitments. The U.S. reminded
all that host nation consent was important and that respect
for this principle was key to moving forward out of the CFE
impasse. Additionally, the U.S. called out Russia for its
refusal of the U.S. request for a CFE inspection. The U.K.,
France, Romania, Portugal, Italy, Turkey, and the Czech
Republic, voiced their support for the US protest. The
Chairman, Norway, proposed to cancel the 4 and 11 November
JCG Plenaries due to scheduling conflicts with other arms
control meetings. Russia agreed in principle with canceling
an occasional meeting, but needed to ask Moscow for guidance
regarding canceling two meetings in a row. Washington,
please see paragraph 12 for guidance request. End summary.

IT'S STILL ABOUT THE ISTANBUL COMMITMENTS
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2. (SBU) Norway chaired the 676th meeting of the JCG
Plenary. In response to last week's Russian accusation that
the Czech Republic was using a "double standard" on
determining who had fulfilled the Istanbul Commitments, the
Czech Republic (Reinohlova) repeated its support for Georgia
and Moldova that they had fulfilled their part of the
agreement and accused Russia of not fulfilling its Istanbul
Commitments. Russia (Ulyanov) explained that the "double
standard" is that Allies were quick to conclude that Russia
had not done its part, but never focus on Moldova or Georgia,
who Russia believes have not fulfilled their part of the
agreement. Ulyanov rattled off a number of issues including
use of Vaziani, Gudauta, and failure to provide Russia with
rights for temporary deployment.


3. (SBU) Georgia (Giorgadze) countered that Georgia had
fulfilled all of its Istanbul Commitments, the discussion for
the joint use of Gudauta was inconclusive, there was no
agreement on temporary deployment to implement, and that
Russia never officially asked for temporary deployment using
the proper notification. Giorgadze reminded the JCG that
Russia never withdrew fully from Gudauta. Georgia promised
to provide a detailed legal analysis of Georgia's fulfillment
and Russian Federation lack of fulfillment of many Istanbul
Commitments.


4. (SBU) The U.S. (Neighbour) followed up the back and forth
between Russia and Georgia by reminding Russia that there are
steps it needed to take to fulfill its Istanbul Commitments
and of the importance of the concept of host nation consent
in the 21st century. Neighbour said that this concept was
paramount to move forward beyond the current impasse.

ALLIES SUPPORT U.S. PROTEST
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5. (SBU) Under the Treaty verification item of the agenda,
the U.S. (Neighbour) informed the Plenary that on 16 October
Russia had rejected a request by the U.S. for a CFE
inspection. Neighbour noted that the continuing rejections
of inspections by Russia are clear acts of non-compliance
with its CFE Treaty obligations. In a series of brief
interventions, the U.K., France, Romania, Portugal, Italy,
Turkey, and the Czech Republic voiced their support for the
U.S. statement. Although Germany (Richter) did not voice
support for the U.S. intervention per se, he instead
expressed regret over Russian refusals and repeated his
previous position that these refusals were dangerously
eroding the Treaty.

JCG CANCELLATIONS - WAITING ON MOSCOW
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6. (SBU) As previously agreed to in the JCG-T plus 4, the
Chairman (Norway, Vik) informed the Plenary that due to two
scheduling conflicts with other arms control meetings, there
is a proposal by several States Parties to cancel the JCG
meetings on 4 and 11 November. Russia (Ulyanov) commented
that there was no objection to such a cancellation to support
other arms control meetings, but questioned the wisdom of
canceling two meetings in a row. Ulyanov will seek guidance
from Moscow.

QUAD DISCUSSION ON JCG CANCELLATION
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7. (C) At A QUAD meeting on 20 October, Germany (Richter)
was very reluctant to agree to canceling more than one JCG
Plenary. USDEL (Neighbour) reminded Richter that German HLTF
representative Biontino had supported Allies' efforts to
cancel two JCGs, and had even proposed to use an arms control
seminar (Open Skies) in Berlin on 13-14 November to cancel
the 11 November JCG. Richter informed the QUAD that "Germany
would not oppose." Richter's logic was that since the optics
of Russian chairmanship of the JCG during the Ministerial
Council was not a problem for Germany, it should not be a
problem for the U.S. or the U.K.

WE WANT A "FACTUAL" LETTER
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8. (C) Iceland chaired the 20 September JCG-T plus 4 meeting
in which Allies found "technical" ways to cancel the JCG
Plenary on 4 and 11 November. Except for an obviously
reluctant Germany (Richter),all quickly agreed to use the
Romanian HLTF retreat (5-7 Nov) as an excuse to cancel the 4
November plenary as well as to use the Open Skies Berlin
Seminar (13-14 Nov) to cancel the 11 November JCG meeting.
Norway, JCG Chair, presented this proposal to the plenary on
21 October for consideration by the JCG.


9. (C) The main focus of the meeting, however, was on the
draft JCG letter to the Ministerial Council. There was
strong support by Germany, Luxembourg, the U.S., Turkey, the
Netherlands, the U.K., Italy, the Czech Republic, for a
"factual" JCG letter. Allies agreed that the letter should
be as factual as possible and that Russia and other States
Parties be allowed their factual inputs into the letter.


10. (C) During the discussion, Allies differed on how many
details of what took place in 2008 in the JCG, should be
included in the document. Romania (Neculaescu),supported by
the Czech Republic (Reinohlova),pushed to add a list of
activities that took place in the JCG while others were happy
with the current level of details. USDEL (Neighbour) offered
Washington's comments to Allies (per email guidance from
VCI/Phelan to USDEL/Neighbour on 16 October) of which there
were general support. Germany (Richter),however, did not
agree with the phrase that "suspension is a unilateral
measure not provided for under the terms of the CFE Treaty
and..." Richter proposed the text be replaced with
"suspension is a unilateral measure which (dramatically)
undermined the viability of the CFE Treaty and..."


11. (C) The JCG Chair Troika of Norway, the Netherlands, and
Portugal, will offer an outline of the JCG letter to Russian
Chief Arms Control Delegate Ulyanov for discussion and to
determine if Moscow is interested in having a JCG letter to
the Ministerial Council. The outcome of this Troika/Russia
meeting will drive further discussion of the letter in future
JCG-T meetings.

SUSPENSION IS LEGAL?!? - REQUEST FOR GUIDANCE
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12. (SBU) At the 14 October JCG, Russia provided a long
dissertation on how its suspension of the CFE Treaty is in
accordance with customary international law and Vienna
Convention. JCG Journal 675, Annex 6 contained the pertinent

details of the Russian arguments. USDEL requests Washington
provide guidance, in time for the 28 October JCG, to refute
Russian claims and misinterpretations of legal documents, in
particular, the article by article commentary prepared by
State on 2 July 1991 in connection with the ratification of
the CFE Treaty.
FINLEY