Identifier
Created
Classification
Origin
09STATE94247
2009-09-10 18:47:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Secretary of State
Cable title:
CHEMICAL WEAPONS CONVENTION (CWC): FINALIZED
how-toVZCZCXYZ0017 PP RUEHWEB DE RUEHC #4247 2531907 ZNR UUUUU ZZH P 101847Z SEP 09 FM SECSTATE WASHDC TO RUEHKU/AMEMBASSY KUWAIT PRIORITY 0000 RUEHTC/AMEMBASSY THE HAGUE PRIORITY 0000
UNCLAS STATE 094247
SENSITIVE
SIPDIS
THE HAGUE FOR CWC DEL
E.O. 12958: N/A
TAGS: KTIA PARM PREL CWC CBW OPCW KU
SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC): FINALIZED
HOST COUNTRY AGREEMENT WITH KUWAIT ON CHALLENGE INSPECTIONS
UNCLAS STATE 094247
SENSITIVE
SIPDIS
THE HAGUE FOR CWC DEL
E.O. 12958: N/A
TAGS: KTIA PARM PREL CWC CBW OPCW KU
SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC): FINALIZED
HOST COUNTRY AGREEMENT WITH KUWAIT ON CHALLENGE INSPECTIONS
1. Action Request in Paragraph 7.
--------------
OBJECTIVES
--------------
2. Department requests Embassy to pursue the following
objective:
-- Deliver to the Government of Kuwait the finalized copy of
a Host Country Agreement (HCA) on the conduct of Chemical
Weapons Convention (CWC) challenge inspections.
--------------
REPORTING DEADLINE
--------------
3. Embassy should report results of discussions with Kuwaiti
officials by NLT September 18, 2009.
--------------
POINT OF CONTACT
--------------
4. Please contact ISN/CB Eugene Klimson at (202) 647-5165 or
via email (klimsone@state.gov) for any further background
needed to meet our objective.
--------------
BACKGROUND
--------------
5. The United States and Kuwait has finalized the
negotiation of a Host Country Agreement (HCA) on the conduct
of Chemical Weapons Convention (CWC) challenge inspections.
6. The U.S. Executive Director of the National Authority has
signed the letter acknowledging the final text and will
forward the final signed copy by mail to Embassy for delivery
to the Kuwaiti National Authority. As a courtesy, the United
States reprinted the final text at the end of the cable.
--------------
ACTION REQUEST
--------------
7. Drawing on the background and talking points, Embassy
Kuwait is requested to deliver the text of the talking points
in Paragraph 8 and the letter (with the HCA) in paragraph 9
to the appropriate Kuwaiti officials and report to Washington
when the letter has been delivered.
--------------
TALKING POINTS
--------------
8. Talking points for delivery:
- The United States Government is very pleased that we have
been able to complete negotiations on a Chemical Weapons
Convention (CWC) Host Country Agreement with the Government
of Kuwait.
- The United States is pleased to inform you that we can
accept the final changes and we are ready to exchange
diplomatic letters.
- We believe that this agreement strengthens the commitment
of our Governments to the CWC and nonproliferation of
chemical weapons.
- The Host Country Agreement will contribute to ensuring that
logistics and communications will be conducted in a manner
that supports the implementation of a challenge inspection.
- We appreciate Kuwait,s constructive approach, efforts, and
cooperation during the negotiations.
- We look forward to continuing our cooperation with Kuwait
on the CWC and chemical weapon non-proliferation matters.
End of Talking Points.
--------------
TEXT OF LETTER
--------------
9. Text for Delivery to Kuwaiti Officials:
H.E. Mr. Jassar A. Al Jassar
Chairman
National Committee Charged with the Implementation of the
Convention on the Prohibition of Chemical Weapons
Ministry of Defence
Housing Department
First Floor
Kuwait City, Kuwait
Dear Mr. Jassar
I have the honor to refer to the discussions between the
United States and Kuwait concerning challenge inspections
under the Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on
Their Destruction (CWC).
The United States proposes that a set of arrangements and
principles for the conduct of challenge inspections under the
Convention apply to the conduct of any challenge inspection
in the territory of one Participant in which the assets of
the other Participant may be within, or in the vicinity of,
the inspection site.
Nothing in these principles should be interpreted as altering
in any way any agreements in force between the United States
and Kuwait. These principles should be interpreted in a
manner that is consistent with the Convention and any
agreements entered into between either Participant and the
Organization for the Prohibition of Chemical Weapons (OPCW).
In the event there is a conflict between the provisions of
the Convention or any agreement between either Participant
and the OPCW and this arrangement, the provisions of the
Convention or such agreement with the OPCW should take
precedence.
The arrangements and principles may be amended in writing by
the United States and Kuwait.
If the principles and arrangements set out in the Annex below
are acceptable to the Government of Kuwait, I have the honor
to suggest that this letter and your reply to that effect
will place on record the understanding of the United States
and Kuwait in this matter that will come into effect on the
date of your reply and will remain in effect until 90 days
after the receipt of notice of termination by either Kuwait
or the United States.
Yours sincerely,
Robert Mikulak
United States Department of State
Bureau of International Security and Nonproliferation
U.S. National Authority for the Chemical Weapons Convention
Washington, D.C. 20520
Annex
EXCHANGE OF LETTERS BETWEEN THE GOVERNMENTS OF THE UNITED
STATES OF AMERICA AND KUWAIT ON PROCEDURES GOVERNING THE
CONDUCT OF CHALLENGE INSPECTIONS UNDER THE CHEMICAL WEAPONS
CONVENTION (CWC)
Memorandum of Understanding Between the Government of the
United States of America and the Government of the State of
Kuwait Concerning Cooperation on the Conduct of Challenge
Inspections Pursuant to the Convention on the Prohibition of
the Development, Production, Stockpiling and Use of Chemical
Weapons and on Their Destruction.
The Government of the United States of America and the
Government of the State of Kuwait, hereinafter referred to as
the &Parties,8
Recognizing that the provisions of this Memorandum of
Understanding do not infringe upon the sovereignty or
independence of either state,
Referring to the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical
Weapons and on Their Destruction,
Have agreed on the following arrangements and principles to
guide the conduct of challenge inspections, which take place
on the territory of either of their states.
Article I
For the purposes of this Memorandum of Understanding the
terms mentioned below have the following meanings:
1. &The Convention8 means the Convention on the
Prohibition of the Development, Production, Stockpiling and
Use of Chemical Weapons and on Their Destruction, opened for
signature on January 13th, 1993.
2. &OPCW8 means the Organization for the Prohibition of
Chemical Weapons.
3. &Assets8 means any equipment, area, building or location
owned, operated, occupied by, or under the control of one of
the Parties.
4. &Inspectable area8 means the area that is eligible for
inspection, and that lies within the requested or final
perimeter or in the vicinity of the requested final perimeter.
5. &Vessels and Aircraft8 means sovereign vessels and
aircraft (including warships as defined under customary
international law as reflected in Article 29 of the 1982
United Nations Convention on the Law of the Sea, and other
ships owned or operated by a state and used only for
government noncommercial service) and state aircraft (as
referred to in the Convention on International Civil Aviation
of 1944) used only for government noncommercial service.
Article II
1. These arrangements and principles shall apply to the
conduct of any challenge inspection which takes place on a
site in the territory of the State of Kuwait (hereinafter
referred to as &Kuwait8) in which or near to which any
assets owned or operated by the United States of America
(hereinafter referred to as the &United States8) are
located.
2. These arrangements and principles shall also apply,
mutatis mutandis, to any challenge inspection which takes
place on a site in the territory of the United States, in
which or near to which any assets owned or operated by Kuwait
are located. In this event, &Kuwait8 shall take the place
of the &United States8 and the &United States8 shall take
the place of &Kuwait8 wherever these expressions occur in
the articles of this Memorandum of Understanding.
Article III
1. If either Party receives notice from the OPCW of a
challenge inspection that is to be conducted on the territory
of Kuwait in which assets owned or operated by the United
States are located, it shall notify the other Party within
two hours. Such notification shall include all of the
information provided by the OPCW concerning the inspection.
The other Party shall acknowledge receipt within two hours.
The acknowledgement of receipt shall confirm receipt of the
information provided in the notification, as well as provide
the name and telephone number of any alternative points of
contact for future transmission of any additional
information. Any further information about the inspection
that becomes available after the initial notification shall
also be transmitted to the other Party within two hours after
its receipt.
2. In the event that the Party which received notice of the
inspection from the OPCW does not receive an acknowledgment
of receipt from the other Party within the two-hour time
period, the Party which received notice of the inspection
from the OPCW shall proceed with preparations for the
challenge inspection under the Convention, until the other
Party provides such acknowledgment.
3. The point of contact for notifications to the State of
Kuwait is the National Committee Charged with the
Implementation of the Convention on the Prohibition of
Chemical Weapons, 965-2-483-3351, 965-2-677-7098 and
965-2-564-1259; fax 965-2-483-6444 and 965-2-562-2789.
4. The point of contact for notifications to the United
States is the United States Nuclear Risk Reduction Center,
001 -202-647-9166, fax 202-647-4892 and the United States
Central Command Joint Operations Center, 001-813-827-3928 and
fax 001-813-827-6175.
Article IV
The Parties shall consult one another regarding whether to
accept an observer designated by the requesting State Party
to the Convention.
Article V
For challenge inspections where the United States is the
inspected State Party, Kuwait shall seek to provide the
necessary support to the United States. It shall facilitate
the inspection, in order to enable the inspection team to
carry out its tasks in an effective and timely manner as set
forth in Section C (Paragraph 19) of Part II of the
Verification Annex to the Convention.
Article VI
In the event that the Party, which is not the inspected State
Party, has assets within the inspectable area, that Party may
send representatives to observe and participate in
preinspection and inspection activities, and to prepare its
assets for inspection.
Article VII
1. Both Parties affirm that each retains its full sovereign
rights with regard to its vessels and aircraft.
2. If one of the Parties is designated as the inspected
State Party in a challenge inspection, and the inspectable
area is restricted to a vessel or aircraft owned or operated
by the other Party, then both Parties shall notify the OPCW
that this vessel or aircraft is solely under the jurisdiction
and control of the other Party, and that the governments of
both Parties consider the other Party to be the inspected
State Party.
3. If one of the Parties is designated as the inspected
State Party, and both Parties accept that the other Party
should be the inspected State Party, then both Parties shall
consult concerning the possibility of informing the
Director-General and the Executive Council of the OPCW to
seek a change in designation.
Article VIII
If an asset owned or operated by the other Party lies within
the inspectable area, including the 50-meter band, the
inspected State Party shall consult the other Party regarding
the final requested perimeter of the inspectable area. In
addition, the inspected State Party shall obtain the consent
of the other Party before:
(i) Proposing an alternative perimeter that would include an
asset owned or operated by the other Party within the
inspectable area that would not have been included under the
requested perimeter in the original inspection request, or
(ii) Accepting a final perimeter that would place an asset
owned or operated by the other Party within the 50-meter band.
Article IX
1. Each Party shall seek to fulfill its obligations under
the Convention.
2. Both Parties shall coordinate regarding contacts with the
inspection team. Neither Party shall disclose information
concerning assets owned or operated by the other Party,
without first obtaining the consent of the other Party.
3. The representatives of the inspected State Party shall
not refer to, nor provide, information on assets belonging to
the other Party outside the inspectable area without the
consent of the other Party.
Article X
1. Whenever one or more assets of the United States would be
included, fully or partially, within the inspectable area and
Kuwait is the inspected State Party, Kuwait shall permit the
United States to implement the provisions specified in
Section C of Part X of the Verification Annex to the
Convention with respect to its assets, and shall permit U.S.
representatives to accompany the inspection team.
2. Whenever one or more assets of Kuwait would be included,
fully or partially, within the inspectable area and the
United States is the inspected State Party, the United States
shall permit Kuwait to implement the provisions specified in
Section C of Part X of the Verification Annex to the
Convention with respect to its assets, and shall permit
Kuwaiti representatives to accompany the inspection team.
Article XI
1. In order to facilitate inspection activities, the United
States shall send experts from Washington, D.C., and their
necessary equipment, which may include a mobile laboratory.
The mobile laboratory will be of assistance in taking samples
and analysis.
2. Both Parties shall also consult with one another
periodically regarding personnel, equipment and material
requirements for hosting or participating in inspections and
they shall provide appropriate guidance to one another for
domestic laws, regulations, restrictions or necessary entry
requirements.
Article XII
Whenever the Host Country is not the inspected State Party,
the inspected State Party shall permit representatives of the
Host Country to accompany the inspection team.
Article XIII
1. This Memorandum of Understanding shall be interpreted
consistently with the Convention, any agreements in place
between the Parties, and any agreements entered into between
either Party and the OPCW.
2. In the event of a conflict between the terms of this
Memorandum of Understanding and the Convention, the
provisions of the Convention shall take precedence.
Article XIV
The Parties may conduct joint challenge inspection exercises
in accordance with this Memorandum of Understanding.
Article XV
1. This Memorandum of Understanding shall enter into force
on the date it is signed.
2. This Memorandum of Understanding may be amended by
written agreement of the two Parties.
3. This Memorandum shall remain in force unless terminated
by either Party after giving 180-days written notice to the
other Party.
Signed in on the day of , 2009 in
duplicate in English and Arabic languages, both texts being
equally authentic.
End of text for delivery to Government of Kuwait.
CLINTON
SENSITIVE
SIPDIS
THE HAGUE FOR CWC DEL
E.O. 12958: N/A
TAGS: KTIA PARM PREL CWC CBW OPCW KU
SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC): FINALIZED
HOST COUNTRY AGREEMENT WITH KUWAIT ON CHALLENGE INSPECTIONS
1. Action Request in Paragraph 7.
--------------
OBJECTIVES
--------------
2. Department requests Embassy to pursue the following
objective:
-- Deliver to the Government of Kuwait the finalized copy of
a Host Country Agreement (HCA) on the conduct of Chemical
Weapons Convention (CWC) challenge inspections.
--------------
REPORTING DEADLINE
--------------
3. Embassy should report results of discussions with Kuwaiti
officials by NLT September 18, 2009.
--------------
POINT OF CONTACT
--------------
4. Please contact ISN/CB Eugene Klimson at (202) 647-5165 or
via email (klimsone@state.gov) for any further background
needed to meet our objective.
--------------
BACKGROUND
--------------
5. The United States and Kuwait has finalized the
negotiation of a Host Country Agreement (HCA) on the conduct
of Chemical Weapons Convention (CWC) challenge inspections.
6. The U.S. Executive Director of the National Authority has
signed the letter acknowledging the final text and will
forward the final signed copy by mail to Embassy for delivery
to the Kuwaiti National Authority. As a courtesy, the United
States reprinted the final text at the end of the cable.
--------------
ACTION REQUEST
--------------
7. Drawing on the background and talking points, Embassy
Kuwait is requested to deliver the text of the talking points
in Paragraph 8 and the letter (with the HCA) in paragraph 9
to the appropriate Kuwaiti officials and report to Washington
when the letter has been delivered.
--------------
TALKING POINTS
--------------
8. Talking points for delivery:
- The United States Government is very pleased that we have
been able to complete negotiations on a Chemical Weapons
Convention (CWC) Host Country Agreement with the Government
of Kuwait.
- The United States is pleased to inform you that we can
accept the final changes and we are ready to exchange
diplomatic letters.
- We believe that this agreement strengthens the commitment
of our Governments to the CWC and nonproliferation of
chemical weapons.
- The Host Country Agreement will contribute to ensuring that
logistics and communications will be conducted in a manner
that supports the implementation of a challenge inspection.
- We appreciate Kuwait,s constructive approach, efforts, and
cooperation during the negotiations.
- We look forward to continuing our cooperation with Kuwait
on the CWC and chemical weapon non-proliferation matters.
End of Talking Points.
--------------
TEXT OF LETTER
--------------
9. Text for Delivery to Kuwaiti Officials:
H.E. Mr. Jassar A. Al Jassar
Chairman
National Committee Charged with the Implementation of the
Convention on the Prohibition of Chemical Weapons
Ministry of Defence
Housing Department
First Floor
Kuwait City, Kuwait
Dear Mr. Jassar
I have the honor to refer to the discussions between the
United States and Kuwait concerning challenge inspections
under the Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on
Their Destruction (CWC).
The United States proposes that a set of arrangements and
principles for the conduct of challenge inspections under the
Convention apply to the conduct of any challenge inspection
in the territory of one Participant in which the assets of
the other Participant may be within, or in the vicinity of,
the inspection site.
Nothing in these principles should be interpreted as altering
in any way any agreements in force between the United States
and Kuwait. These principles should be interpreted in a
manner that is consistent with the Convention and any
agreements entered into between either Participant and the
Organization for the Prohibition of Chemical Weapons (OPCW).
In the event there is a conflict between the provisions of
the Convention or any agreement between either Participant
and the OPCW and this arrangement, the provisions of the
Convention or such agreement with the OPCW should take
precedence.
The arrangements and principles may be amended in writing by
the United States and Kuwait.
If the principles and arrangements set out in the Annex below
are acceptable to the Government of Kuwait, I have the honor
to suggest that this letter and your reply to that effect
will place on record the understanding of the United States
and Kuwait in this matter that will come into effect on the
date of your reply and will remain in effect until 90 days
after the receipt of notice of termination by either Kuwait
or the United States.
Yours sincerely,
Robert Mikulak
United States Department of State
Bureau of International Security and Nonproliferation
U.S. National Authority for the Chemical Weapons Convention
Washington, D.C. 20520
Annex
EXCHANGE OF LETTERS BETWEEN THE GOVERNMENTS OF THE UNITED
STATES OF AMERICA AND KUWAIT ON PROCEDURES GOVERNING THE
CONDUCT OF CHALLENGE INSPECTIONS UNDER THE CHEMICAL WEAPONS
CONVENTION (CWC)
Memorandum of Understanding Between the Government of the
United States of America and the Government of the State of
Kuwait Concerning Cooperation on the Conduct of Challenge
Inspections Pursuant to the Convention on the Prohibition of
the Development, Production, Stockpiling and Use of Chemical
Weapons and on Their Destruction.
The Government of the United States of America and the
Government of the State of Kuwait, hereinafter referred to as
the &Parties,8
Recognizing that the provisions of this Memorandum of
Understanding do not infringe upon the sovereignty or
independence of either state,
Referring to the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical
Weapons and on Their Destruction,
Have agreed on the following arrangements and principles to
guide the conduct of challenge inspections, which take place
on the territory of either of their states.
Article I
For the purposes of this Memorandum of Understanding the
terms mentioned below have the following meanings:
1. &The Convention8 means the Convention on the
Prohibition of the Development, Production, Stockpiling and
Use of Chemical Weapons and on Their Destruction, opened for
signature on January 13th, 1993.
2. &OPCW8 means the Organization for the Prohibition of
Chemical Weapons.
3. &Assets8 means any equipment, area, building or location
owned, operated, occupied by, or under the control of one of
the Parties.
4. &Inspectable area8 means the area that is eligible for
inspection, and that lies within the requested or final
perimeter or in the vicinity of the requested final perimeter.
5. &Vessels and Aircraft8 means sovereign vessels and
aircraft (including warships as defined under customary
international law as reflected in Article 29 of the 1982
United Nations Convention on the Law of the Sea, and other
ships owned or operated by a state and used only for
government noncommercial service) and state aircraft (as
referred to in the Convention on International Civil Aviation
of 1944) used only for government noncommercial service.
Article II
1. These arrangements and principles shall apply to the
conduct of any challenge inspection which takes place on a
site in the territory of the State of Kuwait (hereinafter
referred to as &Kuwait8) in which or near to which any
assets owned or operated by the United States of America
(hereinafter referred to as the &United States8) are
located.
2. These arrangements and principles shall also apply,
mutatis mutandis, to any challenge inspection which takes
place on a site in the territory of the United States, in
which or near to which any assets owned or operated by Kuwait
are located. In this event, &Kuwait8 shall take the place
of the &United States8 and the &United States8 shall take
the place of &Kuwait8 wherever these expressions occur in
the articles of this Memorandum of Understanding.
Article III
1. If either Party receives notice from the OPCW of a
challenge inspection that is to be conducted on the territory
of Kuwait in which assets owned or operated by the United
States are located, it shall notify the other Party within
two hours. Such notification shall include all of the
information provided by the OPCW concerning the inspection.
The other Party shall acknowledge receipt within two hours.
The acknowledgement of receipt shall confirm receipt of the
information provided in the notification, as well as provide
the name and telephone number of any alternative points of
contact for future transmission of any additional
information. Any further information about the inspection
that becomes available after the initial notification shall
also be transmitted to the other Party within two hours after
its receipt.
2. In the event that the Party which received notice of the
inspection from the OPCW does not receive an acknowledgment
of receipt from the other Party within the two-hour time
period, the Party which received notice of the inspection
from the OPCW shall proceed with preparations for the
challenge inspection under the Convention, until the other
Party provides such acknowledgment.
3. The point of contact for notifications to the State of
Kuwait is the National Committee Charged with the
Implementation of the Convention on the Prohibition of
Chemical Weapons, 965-2-483-3351, 965-2-677-7098 and
965-2-564-1259; fax 965-2-483-6444 and 965-2-562-2789.
4. The point of contact for notifications to the United
States is the United States Nuclear Risk Reduction Center,
001 -202-647-9166, fax 202-647-4892 and the United States
Central Command Joint Operations Center, 001-813-827-3928 and
fax 001-813-827-6175.
Article IV
The Parties shall consult one another regarding whether to
accept an observer designated by the requesting State Party
to the Convention.
Article V
For challenge inspections where the United States is the
inspected State Party, Kuwait shall seek to provide the
necessary support to the United States. It shall facilitate
the inspection, in order to enable the inspection team to
carry out its tasks in an effective and timely manner as set
forth in Section C (Paragraph 19) of Part II of the
Verification Annex to the Convention.
Article VI
In the event that the Party, which is not the inspected State
Party, has assets within the inspectable area, that Party may
send representatives to observe and participate in
preinspection and inspection activities, and to prepare its
assets for inspection.
Article VII
1. Both Parties affirm that each retains its full sovereign
rights with regard to its vessels and aircraft.
2. If one of the Parties is designated as the inspected
State Party in a challenge inspection, and the inspectable
area is restricted to a vessel or aircraft owned or operated
by the other Party, then both Parties shall notify the OPCW
that this vessel or aircraft is solely under the jurisdiction
and control of the other Party, and that the governments of
both Parties consider the other Party to be the inspected
State Party.
3. If one of the Parties is designated as the inspected
State Party, and both Parties accept that the other Party
should be the inspected State Party, then both Parties shall
consult concerning the possibility of informing the
Director-General and the Executive Council of the OPCW to
seek a change in designation.
Article VIII
If an asset owned or operated by the other Party lies within
the inspectable area, including the 50-meter band, the
inspected State Party shall consult the other Party regarding
the final requested perimeter of the inspectable area. In
addition, the inspected State Party shall obtain the consent
of the other Party before:
(i) Proposing an alternative perimeter that would include an
asset owned or operated by the other Party within the
inspectable area that would not have been included under the
requested perimeter in the original inspection request, or
(ii) Accepting a final perimeter that would place an asset
owned or operated by the other Party within the 50-meter band.
Article IX
1. Each Party shall seek to fulfill its obligations under
the Convention.
2. Both Parties shall coordinate regarding contacts with the
inspection team. Neither Party shall disclose information
concerning assets owned or operated by the other Party,
without first obtaining the consent of the other Party.
3. The representatives of the inspected State Party shall
not refer to, nor provide, information on assets belonging to
the other Party outside the inspectable area without the
consent of the other Party.
Article X
1. Whenever one or more assets of the United States would be
included, fully or partially, within the inspectable area and
Kuwait is the inspected State Party, Kuwait shall permit the
United States to implement the provisions specified in
Section C of Part X of the Verification Annex to the
Convention with respect to its assets, and shall permit U.S.
representatives to accompany the inspection team.
2. Whenever one or more assets of Kuwait would be included,
fully or partially, within the inspectable area and the
United States is the inspected State Party, the United States
shall permit Kuwait to implement the provisions specified in
Section C of Part X of the Verification Annex to the
Convention with respect to its assets, and shall permit
Kuwaiti representatives to accompany the inspection team.
Article XI
1. In order to facilitate inspection activities, the United
States shall send experts from Washington, D.C., and their
necessary equipment, which may include a mobile laboratory.
The mobile laboratory will be of assistance in taking samples
and analysis.
2. Both Parties shall also consult with one another
periodically regarding personnel, equipment and material
requirements for hosting or participating in inspections and
they shall provide appropriate guidance to one another for
domestic laws, regulations, restrictions or necessary entry
requirements.
Article XII
Whenever the Host Country is not the inspected State Party,
the inspected State Party shall permit representatives of the
Host Country to accompany the inspection team.
Article XIII
1. This Memorandum of Understanding shall be interpreted
consistently with the Convention, any agreements in place
between the Parties, and any agreements entered into between
either Party and the OPCW.
2. In the event of a conflict between the terms of this
Memorandum of Understanding and the Convention, the
provisions of the Convention shall take precedence.
Article XIV
The Parties may conduct joint challenge inspection exercises
in accordance with this Memorandum of Understanding.
Article XV
1. This Memorandum of Understanding shall enter into force
on the date it is signed.
2. This Memorandum of Understanding may be amended by
written agreement of the two Parties.
3. This Memorandum shall remain in force unless terminated
by either Party after giving 180-days written notice to the
other Party.
Signed in on the day of , 2009 in
duplicate in English and Arabic languages, both texts being
equally authentic.
End of text for delivery to Government of Kuwait.
CLINTON