CAMBODIA RESPONSE TO DEMARCHE ON CARTAGENA PROTOCOL

UNCLAS PHNOM PENH 000102

SIPDIS

STATE FOR EAP/MLS
STATE FOR OES/DWOOD
STATE FOR EEB/TPP/MTAA/ABT/MSZYMANSKI
USDA FOR FAS/SFROGGETT

E.O. 12958: N/A
TAGS: EAGR ECON ETRD TBIO KPAO CB
SUBJECT: CAMBODIA RESPONSE TO DEMARCHE ON CARTAGENA PROTOCOL

REF: STATE 11910


1. (U) Econoff delivered Reftel demarche to Oum Pisey, Ministry of
Environment (MOE) Technical Advisor and national contact for
Cambodia's National Biosafety Framework development. There is an
inter-ministerial biosafety planning group that includes the
Ministry of Agriculture, Forestry and Fisheries (MAFF),the Ministry
of Industry, Mines and Energy (MIME),and the Ministry of Commerce
(MOC),but the MOE has the lead on all negotiations and policies
related to the Cartagena Protocol on Biosafety (CPB). Contacts at
MAFF deferred to the MOE for all questions regarding biosafety
policies in Cambodia.


2. (U) Oum Pisey said that the Royal Government of Cambodia (RGC)
will not send a delegation to the February 23-27 meeting in Mexico
City due to funding constraints. However, Econoff relayed USG
concerns regarding the meeting's proposed topics, and Oum Pisey
provided some feedback on the RGC position on each of these topics.
Given that biosafety and biotechnology are still new issues for
Cambodia, the RGC has not yet formulated a strong opinion on several
of the proposed topics.

-- Definition of Damage: The RGC has not yet indicated a preference
towards a broad or narrow definition of damage. Oum Pisey indicated
that the RGC would likely support a "middle-of-the-road definition",
based on the country's own biosafety law. The law does not
explicitly define "damage", but does refer to areas beyond the scope
of the CPB, such as economic and socioeconomic harm.

-- Definition of Operator: The RGC has not yet decided how it would
propose to define "operators" liable for damage in the movement of
living modified organisms (LMOs). Oum Pisey said that developing
countries were likely to push for a broad definition that could
include all stakeholders in the value chain, from sources to
distributors.

-- Standard of Liability (Strict versus Fault-Based): The RGC
supports a fault-based standard of liability, consistent with its
civil liability code. There is a draft sub-decree to Cambodia's
biosafety law which would also define a fault-based standard of
liability, but Oum Pisey was not sure when this sub-decree would be
promulgated.

-- Financial Security: The Minister of Environment has not yet
outlined the RGC's position on mandatory use of insurance or other
financial instruments for shipments of LMOs. However, Oum Pisey
predicted that the RGC would align itself with other ASEAN members
on this issue.

-- Binding vs. Non-binding: The RGC supports a binding civil
liability system, but Oum Pisey thought that it would be difficult
for international stakeholders to reach a consensus on and to
implement such a system. He said that at a minimum, the RGC would
try to implement binding civil liability terms in its bilateral
agreements with trade partners.



RODLEY