HCOC - ENCOURAGING ADDITIONAL COUNTRIES TO

UNCLAS SECTION 01 OF 08 STATE 044998

SENSITIVE

C O R R E C T E D C O P Y (SENSITIVE CAPTION ADDED)

SIPDIS
BRIDGETOWN FOR BARBADOS AND ALSO FOR ST. VINCENT AND THE
GRENADINES - ST. LUCIA - AND DOMINICA
LIBREVILLE FOR SAO TOME AND PRINCIPE ONLY
PORT MORESBY FOR SOLOMON ISLANDS ONLY

E.O. 12958: N/A
TAGS: MTCRE PREL MNUC KSCA ETTC TSPA
SUBJECT: HCOC - ENCOURAGING ADDITIONAL COUNTRIES TO
SUBSCRIBE (PART I)

REF: A. 02 STATE 209829

B. 02 STATE 237600

C. 02 STATE 238689

D. 02 STATE 259795

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1. (U) This is an action request. Please see para 4.


2. (SBU) Background: Per reftels, the Hague Code of
Conduct Against Ballistic Missile Proliferation (HCOC;
also known as the International Code of Conduct, or
ICOC; text at para 5) was formally brought into effect
on November 25, 2002 at a Launching Conference hosted
by the Netherlands in The Hague. Since then, HCOC
Subscribing States have held several meetings to
further elaborate issues relating to the HCOC's
implementation, including pre-launch notifications and
Subscribing States' annual declarations on space and
ballistic missile policies. As of April 2009, 130
countries have subscribed to the HCOC (see para 7).

-- The HCOC is aimed at bolstering efforts to curb
ballistic missile proliferation worldwide, and to
further delegitimize such proliferation. The HCOC
consists of a set of general principles, modest
commitments, and limited confidence-building measures.
It is intended to supplement, not supplant, the Missile
Technology Control Regime (MTCR),and is administered
collectively by all of the countries that subscribe to
it. There is not a formal secretariat or implementing
organization, and thus we do not foresee any financial
burden for most Subscribing States. The HCOC will hold
its Eighth Regular Meeting on May 28-29, 2009 in
Vienna.

-- On December 2, 2008, 159 nations voted in favor of
a resolution in the UN General Assembly supporting the
HCOC (GA Resolution 63/64). This support shows that
the Code is relevant and legitimate.

-- In light of the overwhelming support for the UNGA
resolution, we want to approach countries that voted in
favor of it to seek their subscription to the HCOC.
The fact of the resolution leads us to redouble our
efforts to convince as many countries as possible to
subscribe to the HCOC, highlighting the large and
diverse number of current subscribers. (Note: Septel
being sent to non-subscribing states that did not vote
in favor of the UN resolution. End note.)


3. (U) Objective: We want to encourage non-subscribing
countries to subscribe to the HCOC.


4. (SBU) Action Request: Drawing on the talking
points and other information in paras 5-8 below (which
may be left as non-papers),request post approach
appropriate senior-level host government officials at

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the earliest opportunity and urge them to subscribe to
the HCOC. Post is requested to report reply via cable
slugged for ISN/MTR with "HCOC" in the subject line.


5. (SBU) Begin Text of Talking Points:

-- The United States urges your country to join us and
129 other countries in actively supporting
international missile nonproliferation efforts by
subscribing to the Hague Code of Conduct Against
Ballistic Missile Proliferation (HCOC).

-- We have previously approached your government
concerning the HCOC because the U.S. and the
other 129 Subscribing States view the HCOC as an
important and meaningful way to help curb the
proliferation of ballistic missiles capable of
delivering weapons of mass destruction (WMD) -
proliferation declared by the UN Security Council
in Resolution 1540 to represent a threat to
international peace and security.

-- The HCOC is a political commitment that is open to
all countries' voluntary subscription. By subscribing,
countries show their support for halting the spread of
ballistic missiles capable of delivering nuclear,
chemical, and biological weapons.

-- Because the HCOC is not a treaty or other legally
binding obligation, the vast majority of countries are
able to subscribe as an executive act without any need
for parliamentary approval or ratification. There are
no assessed contributions or other monetary costs of
subscribing.

-- The current 130 Subscribing States include
countries from sub-Saharan Africa (such as Eritrea,
Kenya, Liberia, Nigeria and South Africa),Central and
South America (including Argentina, Costa Rica,
Guatemala, and Peru),North Africa and the Middle East
(including Jordan, Libya, Morocco, and Turkey),Central
and West Asia and the Caucasus (including Azerbaijan,
Georgia, Kazakhstan and Tajikistan) and the Asia-
Pacific region (including Australia, Cambodia, Japan,
South Korea, and the Philippines),as well as all
members of the European Union.

-- The subscription of such a large and diverse group
of countries shows that there is widespread support for
the HCOC and the idea that (1) the proliferation of WMD
capable ballistic missiles should be impeded, and (2)
that countries should voluntarily cooperate to impede
this proliferation.

-- This notion is underlined by the December 2, 2008
approval by 159 countries in the UN General Assembly of
a resolution endorsing the HCOC (GA Resolution 63/64).
Your country voted for this resolution. We hope your
positive vote means that you are now ready to subscribe
to the HCOC.

-- We know your country shares the same concerns about
missile proliferation as the subscribers to the HCOC,
and therefore we strongly urge you to join with us and
subscribe. This will allow you to make a concrete
political contribution to addressing the global missile
threat.

-- Your subscription to the HCOC would be greatly

STATE 00044998 003.2 OF 009


appreciated by the United States.

-- Your country can subscribe by simply sending a Note
Verbale to the Government of Austria, which is the
Executive Secretary of the HCOC. (Hand over example
note at para 8.)

-- We would be happy to answer any questions you may
have about the HCOC, and look forward to your
subscribing soon.

END TEXT OF TALKING POINTS


6. (U) The government of the Netherlands distributed
the HCOC text to all countries invited to the November
2002 Launching Conference. The text is repeated below.
Department also has the text in French, Spanish, and
Russian available upon request to ISN/MTR.

Begin text of HCOC:

International Code of Conduct against Ballistic Missile
Proliferation

Preamble

The Subscribing States:

Reaffirming their commitment to the United Nations
Charter;

Stressing the role and responsibility of the United
Nations in the field of international peace and
security;

Recalling the widespread concern about the
proliferation of weapons of mass destruction and their
means of delivery;

Recognizing the increasing regional and global security
challenges caused, inter alia, by the ongoing
proliferation of Ballistic Missile systems capable of
delivering weapons of mass destruction;

Seeking to promote the security of all states by
fostering mutual trust through the implementation of
political and diplomatic measures;

Having taken into account regional and national
security considerations;

Believing that an International Code of Conduct against
Ballistic Missile Proliferation will contribute to the
process of strengthening existing national and
international security arrangements and disarmament and
non-proliferation objectives and mechanisms;

Recognising that Subscribing States may wish to
consider engaging in co-operative measures among
themselves to this end;


1. Adopt this International Code of Conduct against
Ballistic Missile Proliferation (hereinafter referred
to as 'the Code');


2. Resolve to respect the following Principles:

a) Recognition of the need comprehensively to
prevent and curb the proliferation of Ballistic Missile

STATE 00044998 004.2 OF 009


systems capable of delivering weapons of mass
destruction and the need to continue pursuing
appropriate international endeavors, including the
Code;

b) Recognition of the importance of strengthening,
and gaining wider adherence to, multilateral
disarmament and non-proliferation mechanisms;

c) Recognition that adherence to, and full
compliance with, international arms control,
disarmament and non-proliferation norms help build
confidence as to the peaceful intentions of states;

d) Recognition that participation in this Code is
voluntary and open to all states;

e) Confirmation of their commitment to the United
Nations Declaration on International Cooperation in the
Exploration and Use of Outer Space for the Benefit and
in the Interest of All States taking into particular
Account the Needs of Developing Countries, adopted by
the United Nations General Assembly (Resolution 51/122
of 13 December 1996);

f) Recognition that states should not be excluded
from utilising the benefits of space for peaceful
purposes, but that, in reaping such benefits and in
conducting related cooperation, they must not
contribute to the proliferation of Ballistic Missiles
capable of delivering weapons of mass destruction;

g) Recognition that Space Launch Vehicle programmes
should not be used to conceal Ballistic Missile
programmes;

h) Recognition of the necessity of appropriate
transparency measures on Ballistic Missile programmes
and Space Launch Vehicle programmes in order to
increase confidence and to promote non-proliferation of
Ballistic Missiles and Ballistic Missile technology;


3. Resolve to implement the following General
Measures:

a) To ratify, accede to or otherwise abide by:
- the Treaty on Principles Governing the Activities of
States in the Exploration and Use of Outer Space,
including the Moon and other Celestial Bodies (1967),
- the Convention on International Liability for Damage
Caused by Space Objects (1972),
- the Convention on Registration of Objects Launched
into Outer Space (1975);

b) To curb and prevent the proliferation of
Ballistic Missiles capable of delivering weapons of
mass destruction, both at a global and regional level,
through multilateral, bilateral and national
endeavours;

c) To exercise maximum possible restraint in the
development, testing and deployment of Ballistic
Missiles capable of delivering weapons of mass
destruction, including, where possible, to reduce
national holdings of such missiles, in the interest of
global and regional peace and security;

d) To exercise the necessary vigilance in the
consideration of assistance to Space Launch Vehicle

STATE 00044998 005.2 OF 009


programmes in any other country so as to prevent
contributing to delivery systems for weapons of mass
destruction, considering that such programmes may be
used to conceal Ballistic Missile programmes;

e) Not to contribute to, support or assist any
Ballistic Missile programme in countries which might be
developing or acquiring weapons of mass destruction in
contravention of norms established by, and of those
countries, obligations under, international disarmament
and non-proliferation treaties;


4. Resolve to implement the following:

a) Transparency measures as follows, with an
appropriate and sufficient degree of detail to increase
confidence and to promote non-proliferation of
Ballistic Missiles capable of delivering weapons of
mass destruction:

i) With respect to Ballistic Missile programmes to:
- make an annual declaration providing an outline of
their Ballistic Missile policies. Examples of openness
in such declarations might be relevant information on
Ballistic Missiles systems and land (test-) launch
sites;
- provide annual information on the number and generic
class of Ballistic Missiles launched during the
preceding year, as declared in conformity with the pre-
launch notification mechanism referred to hereunder, in
tiret iii);

ii) with respect to expendable Space Launch Vehicle
programmes, and consistent with commercial and economic
confidentiality principles, to:
- make an annual declaration providing an outline of
their Space Launch Vehicle policies and land (test-)
launch sites;
- provide annual information on the number and generic
class of Space Launch Vehicles launched during the
preceding year, as declared in conformity with the pre-
launch notification mechanism referred to hereunder, in
tiret iii);
- consider, on a voluntary basis (including on the
degree of access permitted),inviting international
observers to their land (test-) launch sites;

iii) with respect to their Ballistic Missile and Space
Launch Vehicle programmes to:
- exchange pre-launch notifications on their Ballistic
Missile and Space Launch Vehicle launches and test
flights. These notifications should include such
information as the generic class of the Ballistic
Missile or Space Launch Vehicle, the planned launch
notification window, the launch and the planned
direction;

b) Subscribing States could, as appropriate and on a
voluntary basis, develop bilateral or regional
transparency measures, in addition to those above.

c) Implementation of the above confidence building
measures does not serve as justification for the
programmes to which these confidence building measures
apply;


5. Organisational aspects

Subscribing States determine to:

STATE 00044998 006.2 OF 009


a) Hold regular meetings, annually or as otherwise
agreed by Subscribing States;

b) Take all decisions, both substantive and
procedural, by a consensus of the Subscribing States
present;

c) Use these meetings to define, review and further
develop the workings of the Code, including in such
ways as:
- establishing procedures regarding the exchange of
notifications and other information in the framework of
the Code;
- establishing an appropriate mechanism for the
voluntary resolution of questions arising from national
declarations, and/or questions pertaining to Ballistic
Missile and/or Space Launch Vehicle programmes;
- naming of a subscribing state to serve as an
immediate central contact for collecting and
disseminating Confidence Building Measures submissions,
receiving and announcing the subscription of additional
States, and other tasks as agreed by Subscribing
States; and
- others as may be agreed by the Subscribing States,
including possible amendments to the Code.



7. (U) List of Subscribing States as of April, 2009.


1. Afghanistan

2. Albania

3. Andorra

4. Argentina

5. Armenia

6. Australia

7. Austria

8. Azerbaijan

9. Belarus

10. Belgium

11. Benin

12. Bosnia and Herzegovina

13. Bulgaria

14. Burkina Faso

15. Burundi

16. Cambodia

17. Cameroon

18. Canada

19. Cape Verde

20. Chad

21. Chile

22. Colombia

23. Comoros

24. Cook Islands

25. Costa Rica

26. Croatia

27. Cyprus

28. Czech Republic

29. Denmark

30. Dominican Republic

31. Ecuador

32. El Salvador

33. Eritrea

34. Estonia

35. Ethiopia

36. Fiji

37. Finland

38. France

39. Gabon

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40. Gambia

41. Georgia

42. Germany

43. Ghana

44. Greece

45. Guatemala

46. Guinea

47. Guinea-Bissau

48. Guyana

49. Haiti

50. Holy See

51. Honduras

52. Hungary

53. Iceland

54. Ireland

55. Italy

56. Japan

57. Jordan

58. Kazakhstan

59. Kenya

60. Kiribati

61. Latvia

62. Liberia

63. Libyan Arab Jamahiriya

64. Liechtenstein

65. Lithuania

66. Luxembourg

67. Madagascar

68. Malawi

69. Maldives

70. Mali

71. Malta

72. Marshall Islands

73. Mauritania

74. Micronesia (Federated States of)

75. Monaco

76. Mongolia

77. Montenegro

78. Morocco

79. Mozambique

80. Netherlands

81. New Zealand

82. Nicaragua

83. Niger

84. Nigeria

85. Norway

86. Palau

87. Panama

88. Papua New Guinea

89. Paraguay

90. Peru

91. Philippines

92. Poland

93. Portugal

94. Republic of Korea

95. Republic of Macedonia

96. Republic of Moldova

97. Romania

98. Russian Federation

99. Rwanda

100. Samoa

101. San Marino

102. Senegal

103. Serbia

104. Seychelles

105. Sierra Leone

106. Slovakia

107. Slovenia

108. South Africa

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109. Spain

110. Sudan

111. Suriname

112. Sweden

113. Switzerland

114. Tanzania

115. Tajikistan

116. Timor-leste

117. Tonga

118. Tunisia

119. Turkey

120. Turkmenistan

121. Tuvalu

122. Uganda

123. Ukraine

124. United Kingdom

125. United States

126. Uruguay

127. Uzbekistan

128. Vanuatu

129. Venezuela

130. Zambia


8. (SBU) Begin text of example Note Verbale:

The Ministry of Foreign Affairs of (country) presents
its compliments to the Ministry of Foreign Affairs of
the Government of Austria and has the honour to inform
the Republic of Austria that (country) wishes to become
a subscribing state to the Hague Code of Conduct
against Ballistic Missile Proliferation, which was
adopted at an international launching conference held
at The Hague on 25 and 26 November 2002, and that it
wishes (country) to be included in the list of
Subscribing States that will serve as an annex to the
aforementioned Code of Conduct.

Done at (capital)

Date

Seal


9. (U) Please contact ISN/MTR's John Paul Herrmann with
any questions or follow-up issues related to this case
(202-647-1430 - herrmannjp@state.sgov.gov or
herrmannjp2@state.gov) and slug reporting on this issue
for ISN/MTR.
CLINTON

STATE 00044998 009 OF 009


(202-647-1430 - herrmannjp@state.sgov.gov or
herrmannjp2@state.gov) and slug reporting on this issue
for ISN/MTR.
CLINTON