CWC: GUIDANCE FOR THE 58th SESSION OF THE OPCW

UNCLAS STATE 105819

SIPDIS, THE HAGUE FOR CWC DEL

E.O. 12958: N/A
TAGS: PARM PREL CWC OPCW CBW
SUBJECT: CWC: GUIDANCE FOR THE 58th SESSION OF THE OPCW
EXECUTIVE COUNCIL (OCTOBER 13-16, 2009)

REFS:
A) 2009 State 064170 (CWC: Guidance on U.S. CW
Destruction for Senior-Level Visit, Week of June 22,
2009),
B) 2009 State 100809 (U.S. Response to Libyan Papers on
Two CWC Implementation Issues).

--------------
Summary/Overview
--------------


1. (U) This document provides guidance for the U.S.
delegation to the Fifty-eighth Session of the
Organization for the Prohibition of Chemical Weapons
(OPCW) Executive Council (EC). The three significant
political items on the agenda are: Appointment of a new
Director-General, the Draft Program and Budget of the
OPCW for 2010, and Efforts by Iran to ensure that the
projected U.S. inability to meet the 2012 CW destruction
deadline remains a political issue. The agenda is very
crowded with routine EC business, and South Africa will
seek to add a new agenda item called "Security and
Destruction of Chemical Weapons in Situations not
Foreseen by the CWC."


2. (U) EC Chair Ambassador Lomanaco (Mexico) will
likely hold several straw polls in an effort to
eliminate the weakest candidates and narrow the field to
perhaps 4 or 5 candidates. It is not anticipated that
this EC will be able to make a consensus recommendation
on a Director-General to the Conference of the States
Parties (CSP).


3. (U) The draft 2010 budget is a zero-nominal growth
budget with few changes from 2009 but opposition by
China and India to the slight increase in the total
number of inspections is expected to spark the now
annual debate on the total number of OCPF industrial
inspections. The EC trip report to Pueblo and Umatilla
and the separate U.S. 90-day report on the status of our
CW destruction activities will provide Iran with a way
to raise the 2012 destruction deadline and ensure that
the issue remains at the forefront of the EC.


4. (U) U.S. Objectives:

-- Work to ensure that Freeman (UK),Gottwald (Germany),
and Uzumcu (Turkey) stay in the running as candidates
for the next Director-General, while working to
eliminate those with the least support first. Prevent
support from coalescing around an undesirable candidate;

-- Work to ensure that the EC trip report to Pueblo and
Umatilla is noted by the EC. Del should work with the
EC Chair and other EC members to ensure that Iran
remains isolated, to the extent possible, in their
continual quest to make a political issue of the 2012
deadline.

-- Work to ensure that the draft OPCW budget remains
zero-nominal growth, has a slight increase in the number
of OCPF inspections, and is adopted by consensus.

-- Work to ensure better understanding of South African
intentions, motives and objectives with respect to
recovered CW. Del should seek to minimize RSA's ability
to make this a political issue and keep it off the EC
agenda.


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---
Agenda Item/Issue
Paragraphs
-------------- --------------
---

Status of implementation of the Convention (Item 5):
a. Conversion of chemical weapons production
facilities. . . . . . . . . . . . . . . . . . . .
5-8
b. Progress made in meeting revised deadlines for the
destruction of chemical weapons . . . . . . . .
9-15
c. Supplement to the 2008 Verification Implementation
Report . . . . . . . . . . . . . . . . . . . . .
16
d. Status of implementation of Article VII . . . . .
17
e. Status of implementation of Article X . . . . .
18-20
f. Status of implementation of Article XI . . . .
21-22
g. Progress made in the implementation of the action
plan for the universality of the Convention .
23-24
h. Industry-Cluster issues, including enhancement of
OCPF declarations . . . . . . . . . . . . . . .
25-26
i. Timely submission of declarations under Article VI
of
the Convention . . . . . . . . . . . . . . . . . .
27
j. Technical arrangement between the Technical
Secretariat and designated laboratories concerning
the procedures for off-site analysis of samples
and
for adherence to the requirements of the OPCW
Confidentiality Regime . . . . . . . . . . . . . .
28
k. Report by the Director-General on the readiness of
the Technical Secretariat to conduct a challenge
inspection . . . . . . . . . . . . . . . . . . . .
29
OPCW's Central Analytical Database (Item 6): . . . .
30-31
Administrative and Financial Matters (Item 7):
a. Draft Program and Budget of the OPCW for 2010, and
all items pertaining to this Budget. . . . .
32-33
b. OPCW income and expenditure for the financial year
to 30 June 2009; and the cash situation and the
use of the Working Capital Fund for the financial
year to
31 August 2009. . . . . . . . . . . . . . . . .
34-36
c. Status of implementation by States Parties of
agreed multi-year payment plans to regularize the
payment of their outstanding annual contributions
. . . . . . 37
d. Report on the implementation of the policy on
tenure in 2008 . . . . . . . . . . . . . . . . . .
. . . 38
e. Adoption of the International Public Sector
Accounting Standards (IPSAS) . . . . . . . . . . .
39
Report on the implementation in 2009 of the
recommendations of the External Auditor (Item 8): . . .
. . . . . . . . 40
Report on the Advisory Body on Administrative and
Financial Matters (Item 9): . . . . . . . . . . . . . .
. . . 41-43
Enhancing the interaction between the Scientific
Advisory Board and States Parties, as well as the
policy-making organs (Item 10):
. . . 44
Draft Report of the Executive Council on the performance
of its activities (Item 11): . . .. . . . . . . . . . .
. . 45
Report by the Committee on Relations with the Host
Country (Item 12): . . . . . . . . . . . . . . . . . . .
. . . . 46
Appointment of the Director-General (Item 13):. . . .
47-50
Any other business (Item 14): . . . . . . . . . . . .
51-54

[Note: Throughout the guidance cable where the EC is
requested to note a document, the Del may agree to note
it unless otherwise stated. End Note]

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Item 5: Status of implementation of the Convention
-------------- --------------

--5(a): Conversion of chemical weapons production
facilities--


5. (U) The EC is requested to consider and note a Note
by the Technical Secretariat (TS) on a proposal for
general guidelines on the nature of continued
verification measures at converted chemical weapons
production facilities (CWPFs) ten years after the
Director-General's certification of their conversion
(EC-56/S/3(asterisk),dated 14 April 2009) and to
approve a draft decision on the matter (EC-57/DEC/CRP.1,
dated 3 June 2009). Both items were deferred from EC-57
based on a UK request and its concerns with the "one
size fits all" guidelines approach proposed by the TS.
The UK is continuing to solicit support for this
position and will likely request further deferral. We
agree with the UK that the TS proposal requires further
consideration and are still reviewing it in Washington.


6. (U) The EC is requested to consider and note a Note
by the TS on the update on progress in converting a
former CWPF for purposes not prohibited under the
Convention. The official reference was not available to
Washington in advance. However, we do not anticipate
any problems with this document. Del should review the
document upon release to ensure it is consistent with
typical notes of this nature. If not problematic, Del
may join consensus to note the Note.


7. (U) The EC is requested to note a Note by the TS on
corrections to the general and detailed plans for
conversion of the CWPFs Rabta Pharmaceutical Factory 1
and Rabta Pharmaceutical Factory 2, Rabta, the Libyan
Arab Jamahiriya (EC-58/S/2, dated 25 September 2009).
The United States provided Libya with a consolidated
response to Libyan documents supporting the request for
corrections to the General and Detailed Plans for
Conversion of Chemical Weapons Production Facilities
Rabta 1 and Rabta 2, and for extension of the deadlines
for destruction of its chemical weapons (Ref. B). The
U.S. response included a non-paper defining U.S.
expectations on both requests for Libya's future
presentations at the EC. The United States has no
substantive concerns regarding the two requests and is
prepared to support EC agreement to both requests,
provided that Libya commits to implement fully the
transparency measures previously defined in the non-
paper. No substantive action is required on the Note.


8. (U) The EC is requested to note the notification of
changes to the general and detailed plans for the
conversion of former CWPFs "Rabta 1" and "Rabta 2" (EC-
58/NAT.6, dated 15 September 2009). No substantive
action is required.

--5(b): Progress made in meeting revised deadline for
the destruction of chemical weapons--


9. (U) The EC is requested to consider and note a Note
by the Director-General on the progress made by those
States Parties that have been granted extensions of
deadlines for the destruction of their chemical weapons.
The official reference was not available to Washington
in advance. However, we do not anticipate any problems
with this document. Del should review the document upon
release to ensure it is consistent with typical Notes of
this nature. If not problematic, Del may join consensus
to note the Note.


10. (U) Further to a decision by the CSP at its
Eleventh Session (C-11/DEC.15, dated 8 December 2006),
the EC is requested to consider and note a national
paper by the Libyan Arab Jamahiriya on the status of its
destruction activities (EC-58/NAT.4, dated 15 August
2009). No substantive action is required.


11. (U) The EC is requested to consider a request by
the Libyan Arab Jamahiriya for extension of the
intermediate and final deadlines for the destruction of
its Category 1 chemical weapons (EC-58/NAT.5, dated 24
August 2009),and to approve a recommendation on this
request for consideration by the CSP at its Fourteenth
Session (EC-58/DEC/CRP.2, dated 14 September 2009).
U.S. support for a recommendation for the Category 1 CW
destruction deadline is linked to Libya fully
implementing the transparency measures previously
defined (Ref B). The U.S. concerns about Libya's lack
of transparency also have been expressed by other States
Parties, including the UK, whose delegation is expected
to engage the Libyan delegation with specific metrics
for full transparency that parallels the U.S. position.
Del should not initiate discussion of the need for
transparency in open debate or in discussions on the
margins, but as appropriate and in continued private
coordination with the UK, support the need for full
transparency on the progress in preparing for CW
destruction (status of construction of the CW Rabta
Toxic Chemicals Destruction Facility) and the basis for
the revised destruction deadlines, as well as on the
Rabta 1 and Rabta 2 conversion. Del may join consensus
to approve a recommendation.


12. (U) Further to a decision by the CSP at its
Eleventh Session (C-11/DEC.17, dated 8 December 2006),
the EC is requested to consider and note a national
paper by the United States of America on the status of
its destruction activities (EC-58/NAT.3, dated 17 July
2009). No substantive action is required. See paragraph
13 (below) for additional guidance that Del may deploy
if necessary.


13. (U) Further to considering this issue at its
previous session, the EC is requested to consider and
note the report on the visit by the EC Chairperson and
representatives of the EC to the Pueblo Chemical Agent
Destruction Pilot Plant, Colorado, and to the Umatilla
Chemical Agent Disposal Facility, Oregon, the United
States of America (EC-57/12, dated 10 July 2009). Del
guidance from EC-57 still applies for any discussion
during the informals, during the EC, in EC Report
language, and in any bilateral consultations (Ref A).
For Del's convenience, the key elements are repeated
below:

--Articulate a positive message by highlighting the
successful elements of the U.S. chemical destruction
program, the U.S. commitment to the CWC, and the Obama
administration's commitment to examine all possible
options for accelerating CW destruction;
--Note that the projected dates for Pueblo and Blue
Grass represent the current schedule and that the United
States is actively reviewing options to accelerate our
destruction activity.

--Avoid any statement that the United States expects to
violate any of its CWC obligations or has abandoned
attempts to meet the 2012 deadline;
--Make clear in consultations that the United States is,
to the greatest possible extent, committed to proactive
full disclosure, including schedule and cost data, and
consultations with other parties;
--The United States is fully committed to meeting the
objectives of the CWC, including verified destruction of
100 percent of its CW stockpile as rapidly as possible;
--The Obama Administration is fully committed to
examining all possible options for accelerating CW
destruction;
--On April 29, 2012, the United States is currently
projected to have destroyed approximately ninety-percent
of its CW stockpile, which means that seven of the
original nine storage sites will have eliminated all of
their chemical weapons leaving, under current
projections, approximately eight percent at Pueblo, and
approximately two percent at Blue Grass;
--Since 2006, the United States has found ways to
accelerate its CW destruction program. We are exploring
options to accelerate destruction at Pueblo and Blue
Grass consistent with all of our CWC obligations,
including complete destruction, the safety of people,
and protection of the environment in light of national
standards, technical limitations, and other requirements
(e.g., Article IV, paragraph 10).

Del should work with the EC Chair and other key
delegations to try and ensure that this report is not
further deferred. The preferred outcome is for EC-58 to
"note" the report. If necessary, Del may accept some
formulation that the report was "received" or
"distributed" to Council members if that will remove the
report from the agenda.

South Africa has re-circulated its report language from
July on the report of the visit. Del should ensure that
all report language adopted for this agenda item is
fully consistent with guidance in Ref A.


14. (U) Further to a decision by the CSP at its
Eleventh Session (C-11/DEC.18, dated 8 December 2006),
the EC is requested to consider and note a national
paper by the Russian Federation on the status of its
destruction activities (EC-58/P/NAT.1, dated 15 July
2009). No substantive action is required.


15. (U) Further to a decision by the EC at its Forty-
Sixth Session (EC-46/DEC.4, dated 5 July 2006),the EC
is requested to consider and note a national paper by
China entitled "Report on the Status of Chemical Weapons
Abandoned by Japan in China" (EC-58/NAT.1, dated 14 July
2009). The EC is also requested to consider and note a
national paper by Japan entitled "The Report on the
Current Status of the ACW Projects in China (Report
Period: from 1 April to 30 June 2009)" (EC-58/NAT.2,
dated 16 July 2009).
No substantive action is required.

--5(c): Supplement to the 2008 Verification
Implementation Report--


16. (U) The EC is requested to consider and note the
supplement to the 2008 Verification Implementation
Report (VIR) (EC-58/HP/DG.1, dated 27 August 2009). The
EC is also requested to note the comments and views
received on the 2008 VIR (EC-57/HP/DG.2/Add.1, dated 4
August 2009),and a second corrigendum to the VIR (EC-
57/HP/DG.1/Corr.2, dated 16 September 2009)). No
substantive action is required.

--5(d): Status of implementation of Article VII--


17. (U) Further to a decision by the CSP at its
Thirteenth Session regarding the implementation of
Article VII obligations (C-13/DEC.7, dated 5 December
2008),the EC is requested to note a Note by the
Director-General on the status of implementation of
Article VII as at 19 August 2009 (EC-58/DG.5, dated 9
September 2009) and to submit the report to the CSP at
its Fourteenth Session, along with its recommendations,
as appropriate, for consideration. Del should encourage
the continued focus on implementation of Article VII and
may support EC decision language in support of Article
VII and continued focus on implementation.

--5(e): Status of implementation of Article X--


18. (U) Further to considering this issue at its
previous session, the EC is requested to consider and
note a Note by the TS on the content of the assistance
and protection data bank and its use (EC-57/S/3, dated
18 June 2009). No substantive action is required.


19. (U) At its Twelfth Session, the CSP requested the
EC to conduct intensive deliberations to develop
measures for emergency assistance to Member States
including with regard to victims of chemical weapons, as
provided in Article X of the Convention, and to report
to the CSP at its Thirteenth Session, along with any
appropriate recommendations (Para. 21.8 of C-12/7, dated
9 November 2007). Del should report back any outcomes
of these deliberations for further discussion in
Washington, and if necessary, additional guidance will
be provided.


20. (U) At its Thirteenth Session, the CSP requested
the EC to continue further intensive deliberation in
line with the above-mentioned mandate given to it by the
CSP at its Twelfth Session, and to report to the CSP at
its Fourteenth Session (Para. 17.3 of C-13/5, dated 5
December 2008). No substantive action is required.

--5(f): Status of implementation of Article XI--


21. (U) At its Thirteenth Session, the CSP requested
the EC to continue to work, pursuant to a previous
decision to intensify consultations at regular intervals
to develop concrete measures within an agreed framework
to ensure the full implementation of Article XI, and to
report back to the CSP at its Fourteenth Session for
consideration (Para. 17.3 of C-13/5, dated 5 December
2008).


22. (U) At its previous session, the EC welcomed the
appointment of Mr. Chen Kai of China as facilitator on
this matter, and encouraged him to pursue informal
consultations at an early date to explore all options to
identify concrete measures for the full implementation
of Article XI and to report to the EC at its next
regular session on the progress made in this regard
(Para 5.21 of EC-57/16, dated 17 July 2009). Mr. Chen's
recent consultation showed a broad consensus among
States Parties to call for an Article XI workshop. It
is expected that the facilitator will introduce a draft
decision in short and simple language with the intent of
moving forward with such a workshop in 2010. The details
are expected to be worked out later. The Delegation may
join consensus on the draft language if it believes that
such a workshop would be a genuine effort in support of
Article XI and not a thinly veiled effort in order to
attack the Australia Group or call for the Australia
Group's abolishment.

--5(g): Progress made in the implementation of the
action plan for the universality of the Convention--


23. (U) The EC at its Twenty-Third Meeting adopted an
action plan for the universality of the Convention (EC-
M-23/DEC.3, dated 24 October 2003). The plan requested
the Director-General, inter alia, to submit to the CSP
at its regular sessions an annual report on the
implementation of the action plan, and to keep the EC
regularly informed, so that the CSP and the EC may
review progress and monitor its implementation
effectively.


24. (U) The EC is requested to consider and note the
annual report on the implementation of the action plan
for the universality of the Convention during the period
from 19 November 2008 to 11 September 2009 (which is
being submitted to both the EC and CSP) (EC-58/DG.9 C-
14/DG.8, dated 29 September 2009). No substantive action
is required.

--5(h): Industry cluster issues, including enhancement
of OCPF declarations--


25. (U) Further to receiving at its Fifty-third Session
both a Note by the TS on enhancing information on the
characteristics of plant sites in other chemical
production facility (OCPF) declarations (EC-53/S/5,
dated 17 June 2008) and a Note by the Director-General
concerning information on the enhancement of OCPF
declarations (EC-53/DG.11, dated 17 June 2008),and
having considered both Notes at its previous sessions,
the EC, which has deferred this item five times, is
requested to consider them further. No action is
required on these two Notes. There has been no progress
during the consultations on these two Notes since EC-57
and they were not on the agenda for the most recent
Industry Cluster issues consultations (October 6, 2009).
If needed, Del should draw from previous guidance,
recent consultations, and the following additional
points for comments:

-- For the TS Note on proposed requirements for
additions to declaration information: The United States
supports the TS in its continuing efforts to focus OCPF
inspection efforts on sites of most relevance to the
Convention. However, the information provided by the TS,
including the information provided for the most recent
(September 8, 2009) consultations, have not yet
demonstrated that instituting the proposed changes to
the declaration regime will provide significant
benefits. The United States encourages the TS and States
Parties to continue efforts to ensure that the proposed
changes have a meaningful, beneficial impact on the
inspection regime.

-- For the DG Note addressing voluntary actions by the
TS and States Parties: The United States recognizes that
some of the States Parties' voluntary actions will yield
incremental, but undefined, improvements. The United
States encourages the TS to work with States Parties to
provide an assessment of the potential effect of these
voluntary changes.

-- If raised by others, Del may support a suggestion
that the TS continue its efforts to better focus OCPF
inspections by working with States Parties in
considering alternative approaches to those contained in
the two Notes.


26. (U) Further to its consideration of this issue at
its previous sessions, the EC, which has deferred this
item three times, is requested to consider further and
note the report by the Director-General on the
performance of the modified methodology for the
selection of OCPFs for inspection (EC-55/DG.8, dated 2
February 2009). As appropriate, Del should support
noting of the report by restating the U.S. position
that:

-- the report documents a demonstrable change in the
distribution of numbers of inspections toward States
Parties with larger numbers of declared sites and an
increase in the overall percentage of inspections at
high or medium relevance facilities;

-- the number of inspections appear to be proportional
to the number of facilities owned by a State Party
(i.e., a State Party with a high number of declared
OCPFs can typically expect to receive more OCPF
inspections than a State Party with only a small number
of OCPFs; and

-- the United States supports continued implementation
of the modified methodology through 2009 and a
reassessment of its impact after that time.

Additionally, Del should state that the United States
wants to encourage OCPF selection methodology that fully
implements the provisions of Paragraph 11 of Part IX of
the Verification Annex to include proposals by States
Parties.

--5(i): Timely submission of declarations under Article
VI of the Convention--


27. (U) Further to considering this issue at its
previous sessions, the EC is requested to note a Note by
the TS on electronic submission of annual declarations
on past activities as at 31 May 2009 (S/773/2009, dated
18 June 2009). No substantive action is required.

--5(j): Technical arrangement between the TS and
designated laboratories concerning the procedures for
off-site analysis of samples and for adherence to the
requirements of the OPCW Confidentiality Regime--


28. (U) Further to considering this issue at its
previous session, the EC is requested to consider and
note a Note by the Director-General entitled the
"Technical Arrangement between the Technical Secretariat
and Designated Laboratories concerning the Procedures
for Off-site Analysis of Samples and for Adherence to
the Requirements of the OPCW Confidentiality Regime"
(EC-57/DG.5, dated 3 June 2009). No substantive action
is required though Del may support France (as during EC-
57) in having this item deferred because the TS has been
negotiating directly with designated labs on a case-by-
case basis.

--5(k): Report by the Director-General on the readiness
of the TS to conduct a challenge inspection--


29. (U) The EC is requested to note a Note by the
Director-General on the update on the TS's readiness to
conduct a challenge inspection (EC-58/DG.8, dated 28
September 2009). No substantive action is required.

--------------
Item 6: OPCW Central Analytical Database
--------------


30. (U) Further to considering this issue at its
previous session, the EC is requested to note a Note by
the TS on continued inclusion in the OPCW Central
Analytical Database (OCAD) of analytical data for
analytical derivatives of scheduled chemicals (EC-
57/S/1, dated 11 June 2009). No substantive action is
required. [Note: Paragraph 4 of the Note explains that
the analytical derivatives are formed solely by the
reactions of specific scheduled chemicals with
derivatizing agents that are a part of the approved
equipment list. The resulting derivatives can then be
analyzed using approved equipment whereas the original
scheduled chemicals could not be analyzed due to the
lack of the capabilities of the approved equipment.
This is a limited, but necessary, analytical function.
End Note].


31. (U) The EC is requested to consider a Note by the
Director-General on the lists of validated data for
approval by the EC for inclusion in the OCAD (EC-
58/DG.4, dated 4 September 2009) and to approve a draft
decision on the inclusion (ec-58/DEC/CRP.1, dated 10
September 2009). Del may join consensus to approve the
draft decision.

--------------
Item 7: Administrative and financial issues
--------------

--7(a): Draft Program and Budget of the OPCW for 2010,
and all items pertaining to this Budget--


32. (U) At its Fifty-Seventh Session the EC received
the Draft Program and Budget of the OPCW for 2010 (EC-
57/CRP.2, dated 7 July 2009),and agreed that
consultations on it would continue during the
intersessional period. In accordance with Article VIII,
paragraph 32(a),of the Convention, the EC is requested
to consider the Draft Program and Budget and to transmit
it, together with its recommendation and any amendments
it deems appropriate, to the Conference at its
Fourteenth Session. Del may join consensus to transmit
the draft budget to the CSP if it remains a zero-nominal
growth budget, if the total number of inspections do not
dip below the 2009 budget levels, and if there are no/no
major revisions in substance (not including format).


33. (U) The Medium-Term Plan for the period from 2010
to 2012 (EC-57/S/8 C-14/S/1, dated 10 July 2009) was
circulated to the members of the EC along with the Draft
Program and Budget for 2010.

--7(b): OPCW income and expenditure for the financial
year to 30 June 2009; and the cash situation and the use
of the Working Capital Fund for the financial year to 31
August 2009--


34. (U) The EC is requested to consider and forward to
the CSP at its Fourteenth Session a report by the
Director-General on OPCW income and expenditure for the
financial year to 30 June 2009 (EC-58/DG.2, dated 7
August 2009 and Corr. 1, dated 8 September 2009). No
substantive action is required.


35. (U) The EC is requested to note a report by the
Director-General on OPCW income and expenditure for the
financial year to 30 September 2009. The official
reference was not available to Washington in advance.
However, we do not anticipate any problems with this
document. Del should review the document upon release
to ensure it is not problematic. If not problematic,
Del may join consensus to note the report.


36. (U) The EC is also requested to consider and
forward to the CSP at its Fourteenth Session a Note by
the Director-General on the cash situation and the use
of the Working Capital Fund for the financial year 31
August 2009 (EC-58/DG.6, dated 28 September 2009). No
substantive action is required.



--7(c): Status of implementation by States Parties of
agreed multi-year payment plans to regularize the
payment of their outstanding annual contributions--


37. (U) Further to a decision of the CSP at its
Eleventh Session (C-11/DEC.5, dated 7 December 2006),
the EC is requested to consider and forward to the CSP
at its Fourteenth Session, a Note by the Director-
General on the status of implementation by States
Parties of agreed multi-year payment plans (EC-58/DG.7,
dated 28 September 2009)). No substantive action is
required.

--7(d): Report on the implementation of the policy on
tenure in 2008--


38. (U) Further to considering this issue at its
previous session, the EC is requested to consider and
note a report by the Director-General on the
implementation of the tenure policy in 2008 (EC-57/DG.4,
dated 3 June 2009). No substantive action is required.

--7(e): Adoption of the International Public Sector
Accounting Standards--


39. (U) The EC is requested to note a Note by the
Director-General on the adoption of the International
Public Sector Accounting Standards (IPSAS) (EC-58/DG.3,
dated 2 September 2009),and to approve a recommendation
on it for consideration by the CSP at its Fourteenth
Session (EC-58/DEC/CRP.3, dated 28 September 2009). Del
may join consensus to note the Note and join consensus
to approve the recommendation to send it to the CSP-14
for consideration.

-------------- --------------
Item 8: Report on the implementation in 2009 of the
recommendations of the External Auditor
-------------- --------------


40. (U) The EC is requested to note a Note by the TS on
the status of implementation of the recommendations of
the External Auditor (EC-58/S/1, dated 27 August 2009).
No substantive action is required.

-------------- --------------
--
Item 9: Report of the Advisory Body on Administrative
and Financial Matters
-------------- --------------
--


41. (U) The EC is requested to consider and note the
report of the Twenty-Seventh Session of the Advisory
Body on Administrative and Financial Matters (ABAF),
which took place from 31 August to 4 September 2009
(ABAF-27/1, dated 3 September 2009)),and a Note by the
Director-General containing comments on the report of
the ABAF at that session (EC-58/DG.10, dated 1 October
2009). No substantive action is required.


42. (U) The EC is requested to note the resignation of
Ms. Su-Jun Cho and Mr. Takayuki Kitagawa from the ABAF.
No substantive action is required.


43. (U) The EC is requested to note a Note by the TS on
the nominations for members of the ABAF (EC-58/S/3,
dated 25 September 2009),and to approve the
appointments of Mr. Yungjoon Jo and Ms. Sakiko Hayakawa.
Del may join consensus to approve the appointments.

-------------- --------------
--
Item 10: Enhancing the interaction between the
Scientific Advisory Board and States Parties, as well as
the policy-making organs
-------------- --------------
--


44. (U) The EC is requested to consider and note a Note
by the Director-General on possible ways of enhancing
the interaction between the Scientific Advisory Board
and States Parties, as well as the policy-making organs,
making best use of governmental experts (EC-58/DG.1,
dated 22 July 2009). No substantive action is required.

-------------- --------------
--
Item 11: Draft report of the EC on the performance of
its activities
-------------- --------------
--


45. (U) The EC is requested to consider and approve
its draft report on the performance of its activities in
the period from 28 June 2008 to 17 July 2009 (EC-
58/CRP.1, dated 31 July 2009),and to submit it to the
CSP for consideration at its Fourteenth Session. Del
may join consensus to approve the report and submit it
to the CSP.

-------------- --------------
Item 12: Report by the Committee on Relations with the
Host Country
-------------- --------------


46. (U) At its Eleventh Session the CSP adopted a
decision establishing a Committee on Relations with the
Host Country (C-11/DEC.9, dated 7 December 2006). The
EC is requested to consider and note a report by the
Committee on Relations with the Host Country on the
performance of its activities in 2009 and to submit it
to the CSP for consideration at its Fourteenth Session.
The official reference was not available to Washington
in advance. However, we do not anticipate any problems
with this document. Del should review the document upon
release to ensure it is consistent with previous reports
on this topic. If not problematic, Del may join
consensus to note the Note.

--------------
Item 13: Appointment of the Director-General
--------------


47. (U) At the previous session of the EC, the
Chairperson encouraged candidates and States Parties'
representatives to continue to meet after the Fifty-
Seventh Session of the EC in order to gain a better
understanding both of the candidates' positions and the
delegations' expectations.


48. (U) The EC at the same session noted the
consultations undertaken by its Chairperson on issues
related to the appointment of the Director-General and
encouraged him to continue to carry them out, with the
aim of reaching consensus on a candidate. The EC
welcomed the commitment of the Chairperson to continue
to engage in such consultations during the
intersessional period, and requested him to keep
interested delegations informed regarding the progress
being made towards reaching consensus on a
recommendation by the EC at its Fifty-Eighth Session, to
be submitted to the CSP at its Fourteenth Session, for
the appointment of a candidate to the position of
Director-General.


49. (U) The EC also considered and took note of a
statement by the Chairperson (EC-57/15, dated 16 July
2009),containing a road map for the appointment of the
position of Director-General.


50. (U) Specific guidance for the Delegation on this
topic will be provided SepTel.

--------------
Item 14: Any Other Business
--------------


51. (U) Following the established practice, the EC is
requested to consider and approve an addendum to the
report by the Director-General on the credentials of
representatives of members of the EC (Official Reference
number). Del should take note of those States Parties
(if any) that do not have an accredited EC
representative. This would impact on those situations
requiring the EC to vote. Del may join consensus to
approve the addendum to the report.


52. (U) Security and Destruction of Chemical Weapons in
Situation not foreseen by the CWC: South Africa
proposed that this item be added to the EC-58 agenda
(EC-58/2, dated 1 October 2009). It stems from EC-57
where South Africa expressed concern about the security
and destruction of chemical weapons in a conflict
situation involving a non-State Party (e.g., recovered
CW munitions in Iraq). Following statements by the
United States and the UK, the EC (EC-57/16, paragraph
17) decided to encourage interested States Parties to
consult on the matter, as appropriate, in a timely
fashion as an alternative to a more formal structure.

-- South Africa broadly circulated proposed EC-58 report
language (dated September 29, 2009) that calls for
establishing an open-ended working group (OEWG) "to
develop guidelines for the security and destruction of
chemical weapons that come into possession and/or
control of a State Party or States Parties in situations
not foreseen by the CWC, including in conflict
situations and otherwise."

-- Del should work to prevent this item from being added
to the EC agenda, including blocking adoption of the
agenda, if necessary. This item is not ready for
discussion before the EC. In exchange for keeping the
item off of the agenda, Del may agree to a meeting that
includes more delegations than the United States, the
UK, and the RSA (as long as it is not an OEWG). The
meeting should have a well-defined set of objectives, a
draft discussion paper agreed to by the United States,
the UK and the RSA to better frame the discussion, and a
clear and defined end-point.

-- Del should seek to coordinate with the UK delegation
in advance of any meetings on this subject. In meetings
with RSA and other interested delegations, Del should
adhere to the following guidelines:
a.) In general, the RSA proposal goes way beyond
what the United States is willing to consider.
Proposals or EC report language of potentially unlimited
scope such as "future situations that are not foreseen
by the Convention" are too broad and not acceptable.
b.) Establishment of an undefined, open-ended OEWG
is premature and the United States cannot agree to such
a proposal.
c.) Any proposals, language, or report language
should be limited to munitions recovered from a non-
State Party under conditions in which hostilities have
commenced or are imminent.
d.) Ideas are welcome on the development of
guidelines or best practices that are specifically
tailored for chemical weapons that are recovered in
areas of conflict (as was the case in Iraq). Such
guidelines or best practices could include measures that
ensure the safety and security of the recovered chemical
weapons from the battlefield, reasonable timelines for
reporting such recovered chemical weapons to the OPCW,
and possible transparency measures demonstrating to the
extent practical the destruction of the CW (e.g.,
photos, videos, etc.) if such weapons are quickly
destroyed due to safety and security concerns.
e.) The guidelines or any report language should
not include open-ended situations (such as recovered CW
from collapsed states, interdiction operations, etc.).
f.) Any proposals, report language, etc., should
"look forward" and "not backwards." If delegations
raise questions on Iraq and question U.S. actions
regarding recovered munitions, Del may utilize
previously cleared talking points.


53. (U) Brazilian Proposal for sub-item 5(b): Brazil
has circulated report language on "Progress made in
meeting revised deadlines for the destruction of
chemical weapons." Brazil is seeking report language
instructing the Chairman to "engage in informal
consultations with all interested delegations on how and
when to initiate formal deliberations by the EC about
the feasibility of the revised deadlines of 2012 being
met by possessor States, and to report to the EC at its
next session." Del should seek to change "formal
deliberations" to "consultations" or something similar.
Del should also seek an understanding from Brazil and
the Chairman that such discussions will not be held in
2009 (it's too early) and that sometime in mid-2010 may
be more appropriate. With these changes, Del may
support such a proposal.


54. (U) Donor's Meeting: The United States is
interested in having the Iraqis give a presentation on
their CW-related assistance requirements to the Donor's
Group at EC-60. The U.S. should propose inviting the
Government of Iraq to present at the next Donors Meeting
in spring 2010. This should be done at the October
Donors Meeting to gage interest and solicit support. On
the margins, Del should try to determine UK's (or
another country's) interest in facilitating.
CLINTON