CANADIAN AMENDED LANGUAGE ON CWC CHALLENGE

UNCLAS OTTAWA 000037 SENSITIVE SIPDIS STATE FOR ISN/CB E. KLIMSON E.O. 12958: N/A TAGS: PARM PREL KTIA CWC CA SUBJECT: CANADIAN AMENDED LANGUAGE ON CWC CHALLENGE INSPECTIONS EXCHANGE OF NOTES REF: A. 08 OTTAWA 1481 ¶B. 08 OTTAWA 1396 ¶C. 08 STATE 112672 ¶D. 08 OZGA - GHITA-DUMINICA DISCUSSION OF 12/3 ¶1. (SBU) Department of Foreign Affairs and International Trade Chemical Weapons Convention (CWC) Senior Adviser Adrian Ghita-Duminica told pol/miloff on January 13 that Canada and the U.S. are "very close" to agreement on an Exchange of Notes on CWC challenge inspections that would integrate U.S. personnel into Canadian teams at the sub-team level. Ghita-Duminica said that he had drawn from language provided by U.S. counterparts (ref d) to draft the revised text in para 3 below. ¶2. (SBU) Ghita-Duminica emphasized, however, that Canada would be comfortable with the new language as long as the communication channel from the inspection team leader to the U.S. representative goes through the Canadian representative, and vice versa. He explained that this was because the inspected state party had the "final responsibility" to demonstrate compliance per Part X, para 48 of the CWC. This responsibility also led Canada to be "sticky" with respect to suggested edits of Section III, Paragraph F, he added. ¶3. (SBU) Text of Canadian response: CAN/US EXCHANGE OF NOTES ON PROCEDURES GOVERNING THE CONDUCT OF CHALLENGE INSPECTIONS UNDER THE CWC A meeting was held in The Hague on 3 December 2008 in the margins of the 13th Session of the Conference of State Parties. Participants on the CAN side included Mr. James Junke, Director IDA: Adrian Ghita-Duminica, Senior Adviser CAN, IDA and Don Neill, Defence Scientist CORA, DND. The USA side consisted of Dr. Deborah Ozga, Military Policy Analyst, International Negotiations Division, Pentagon and Abigail Robinson, US delegation to the OPCW. As a result of this meeting, a US counterproposal (hard copy only) was presented the next day to Candel. We undertook to provide an answer as soon as possible. In order to take into account operational concerns in relation to the opportunity for the representatives of the other Participant to observe and advise on national security interests during sub-teams activities, we propose the following amended text for Section III merged paragraphs A, B and C into one paragraph to read as follows (changes in brackets): "Allow the other Participant to send representatives to observe and advise the Inspected State Party on any matters pertaining to the national security interest of the other Participant at all stages of the Challenge Inspection, including but not necessarily limited to: point of entry procedures, perimeter negotiations, inspection of OPCW approved equipment, pre-inspection briefing, conduct of inspection, and sampling and analysis and at all levels (including sub-team activities)." The proposal for Section III remains the same, i.e. amend paragraph F to read as follows: "Consult with the other Participant on the employment of managed access procedures to its assets" We also propose to change the title of this document to: EXCHANGE OF NOTES BETWEEN THE GOVERNMENTS OF THE UNITED STATES OF AMERICA AND CANADA ON PROCEDURES GOVERNING THE CONDUCT OF CHALLENGE INSPECTIONS UNDER THE CWC End Canadian text. Visit Canada,s Economy and Environment Forum at http://www.intelink.gov/communities/state/can ada WILKINS