CFE: JCG OPENING OF SESSION GUIDANCE AND

UNCLAS SECTION 01 OF 03 STATE 004933

SIPDIS, SENSITIVE

E.O. 12958: N/A
TAGS: OSCE PARM PREL KCFE
SUBJECT: CFE: JCG OPENING OF SESSION GUIDANCE AND
STATEMENT FOR JANUARY 20, 2009

REF: (A) 08 USOSCE 315: CFE/JCG: END-OF-ROUND, FALL 2008
(B) 08 USOSCE 321: CORRECTED COPY: CFE/CSBM: ANNUAL
EXCHANGE OF INFORMATION FOR 2009 (C) 08 STATE 6076: CFE:
JCG GUIDANCE - JANUARY 2008 (D) 08 STATE 12563: CFE/JCG:
CONTRIBUTING TO NATO'S CFE GAME PLAN


1. (SBU) As the Winter 2009 Joint Consultative Group
(JCG) session opens, Russia's ongoing CFE "suspension,"
which began on December 12, 2007, will continue to
dominate discussion. We also expect calls by Russia to
use the JCG as a primary venue to negotiate at least
some aspects of the CFE impasse, despite the fact that
Moscow has not yet taken a decision to work seriously
toward resolution of key issues. We anticipate that the
U.S. will continue to coordinate NATO policy on CFE at
the HLTF and to engage Russia bilaterally on the
Parallel Actions Package. The JCG should continue to
serve as the key venue for addressing CFE compliance and
implementation issues, including those compliance
failures associated with Russia's "suspension," as well
as compliance issues associated with other CFE States
Parties (as detailed in the Condition 5 Report.) We do
not regard the JCG as an appropriate venue for solving
the political issues at the core of the Russian
suspension, or working on the Parallel Actions Package.
Nor do we have confidence that the Russian JCG
representative is or would be empowered to manage these
hard issues. Throughout the session, the U.S.
Delegation in Vienna should continue to follow standing
guidance (reftels C and D) and respond in accordance
with U.S. policy as required to play down any Russian
rhetoric in the JCG or other Vienna fora. In doing so,
Delegation should seek to:

-- actively raise (in the JCG or bilaterally as
appropriate per ref C) and report on all instances of
noncompliance with CFE Treaty obligations by Russia and
other States Parties (i.e. Azerbaijan with its
increasing overages in holdings, despite previous
assurances that older equipment would be drawn down once
modernized equipment was in place and secure.);

-- emphasize the benefits of the CFE regime and the
importance of ALL States Parties implementing the CFE
Treaty fully;

-- stress the continued interest of the U.S. and its
Allies in creating the conditions that will result in
the ratification of the adapted CFE Treaty; and

-- resist unhelpful efforts by Russia and possibly
others to use the JCG to discuss and/or negotiate
elements of the Parallel Actions Package, thereby
complicating efforts to resolve the CFE impasse.


2. (SBU) The following statement is provided for
delivery at the JCG Opening of Session Plenary on 20
January 2009. U.S. Representative may provide advance
copies to NATO Allies in the JCG-T and to others as
appropriate.

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Mr. Chairman,

As we embark on a new year, the United States would like
to express our continued commitment to the Treaty on
Conventional Armed Forces in Europe (CFE) and our
resolve to work cooperatively to create the conditions
that would allow the Adapted CFE Treaty to enter into
force. We hope that all CFE States Parties share both
this commitment and resolve, especially at a time when
the CFE Treaty is at risk.

Russia's unilateral "suspension" of its implementation
of CFE Treaty obligations as of December 2007, for which
neither the CFE Treaty nor customary international law
provides a basis, together with its military actions in
Georgia, have raised very serious concerns about
Moscow's commitment to cooperative approaches to
security and to the CFE regime. Indeed, Russia's
deployment of forces in Abkhazia and South Ossetia and
recognition of these regions of Georgia as independent

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countries are inconsistent with core CFE principles, and
only serve to complicate prospects for progress on
fulfillment of Russia's Istanbul commitments with
respect to Georgia as well as CFE more broadly.

Russia's actions damage both the Treaty and the near-
term prospects for ratification of the Adapted CFE
Treaty by all 30 States Parties, and also have the
potential to undermine the essential trust and security
the CFE regime has provided for 15 years. The
limitations and the transparency provided by the CFE
regime are not available through other instruments.
That is a key reason why the CFE Treaty remains of such
significant value to the security of Europe.


Mr. Chairman,

We need to work together to preserve the benefits of the
CFE regime, which has important security benefits for
all of Europe.

Along with our NATO Allies, the United States has
continued to implement the Treaty, despite Russia's
unilateral actions and inflexibility in addressing the
concerns of all CFE States Parties. We have done so to
demonstrate our commitment to the fulfillment of
international agreements as well as the importance of
cooperative security and the confidence that stems from
military transparency and the resulting predictability.

Efforts are continuing outside this body on a way
forward that balances the concerns of all CFE States
Parties, preserves the principles of the Treaty, and
creates the conditions for entry into force of the
Adapted CFE Treaty. Russia's flexibility on key issues
and willingness to engage constructively, rather than
act unilaterally, will be critical for resolving the CFE
impasse.

In the meantime, it is important for the JCG to make its
contribution to restoring vitality to the CFE regime by
continuing to facilitate implementation of Treaty
obligations by all States Parties and to address CFE
compliance issues. The Russian Federation's continuing
failure to participate in CFE data exchanges and the
inspection regime obviously demands our most immediate
attention.

The United States notes Russia's failure to participate
in the Annual Exchange of CFE Information that took
place on December 15, 2008 and its failure to provide
its annual data valid as of January 1, 2009. This is in
addition to Russia's failure at the previous data
exchange to provide its annual data valid as of January
1, 2008; failure to provide its supplemental flank data
valid as of July 1, 2008; failure to provide required
quarterly additional information on Kushchevskaya in
2008; failure to provide required notifications to
update annual data; and failure to participate in the
CFE inspection regime since December 12, 2007, rejecting
over two dozen requests. As recently as January 8,
2009, the Russian Federation refused yet another request
by the United States to conduct a CFE inspection.

The Russian Federation's single page of aggregated
information is not a substitute for the highly detailed
and comprehensive CFE data exchanged under the Treaty's
provisions. As the state with the largest armed forces
and most TLE stationed in Europe, Russia's failure to
provide the detailed annual information and
notifications required by the CFE Treaty degrades the
effectiveness of this key arms control treaty throughout
the Area of Application.


Mr. Chairman,

The United States of America calls on the Russian
Federation to meet its Treaty obligations fully.

As we have repeatedly stated, the United States firmly
believes in the principles that bring us to this forum,
and in the continuing value of the CFE Treaty. The
future of CFE depends on the compliance and cooperation
of all of its States Parties. We call for renewed
commitment and resolve, and we call for full compliance
with the obligations of the CFE Treaty in order to focus

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our efforts in the JCG productively during 2009.

Thank you, Mr. Chairman.

We ask that this statement be appended to the Journal of
the Day.

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RICE