Identifier
Created
Classification
Origin
09OTTAWA37
2009-01-15 18:14:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Ottawa
Cable title:  

CANADIAN AMENDED LANGUAGE ON CWC CHALLENGE

Tags:  PARM PREL KTIA CWC CA 
pdf how-to read a cable
VZCZCXRO8047
PP RUEHGA RUEHHA RUEHMT RUEHQU RUEHVC
DE RUEHOT #0037 0151814
ZNR UUUUU ZZH
P 151814Z JAN 09
FM AMEMBASSY OTTAWA
TO RUEHC/SECSTATE WASHDC PRIORITY 8993
INFO RUCNCAN/ALL CANADIAN POSTS COLLECTIVE PRIORITY
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

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.

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WILKINS