FM ZEBARI ANNOUNCES GOI'S WMD ACTION PLAN

C O N F I D E N T I A L BAGHDAD 000267

SIPDIS

E.O. 12958: DECL: 05/27/2018
TAGS: IZ PGOV PREL
SUBJECT: FM ZEBARI ANNOUNCES GOI'S WMD ACTION PLAN

Classified By: Acting Deputy Chief of Mission Gary A. Grappo for reason
1.4 (b) and (d).


1. (C) Summary: On January 28, Foreign Minister Hoshyar
Zebari held a brief meeting with A/DCM and COMs from the
other four permanent members of the United Nations Security
Council. The FM briefed the group on recent developments on
the Oil for Food (OFF) and follow-on arrangements for the
Development Fund for Iraq (DFI) before discussing the GOI's
plan to work with the International Atomic Energy Agency
(IAEA) to find a way forward on WMD. FM Zebari provided
copies of the letter he sent to the President of the Security
Council outlining the GOI's efforts to achieve compliance and
expressing its willingness to provide information and access
to the organization to A/DCM. He also gave A/DCM a letter
elaborating on these efforts to Secretary of State Hillary
Clinton. (See para 7 for Embassy translation.) The FM
requested the support of P-5 governments to assist with the
GOI's efforts to obtain a response from the IAEA, as well as
to mobilize international support. End summary.



2. (C) Foreign Minister Hoshyar Zebari hosted a brief
meeting on January 28 at the MFA to discuss recent GOI
developments on Chapter VII, specifically Oil for Food and
WMD. The FM was accompanied by DFM Labeed Abbawi, COS Srood
Najib, and International Organizations expert Mohammed
Hamaimeidi. A/DCM, as well as COMs of the other four
permanent members of the United Nations Security Council
attended. The meeting began with an expression of gratitude
from the FM to the P-5 for its assistance in the passage of
Resolution 1905 and subsequent extension of the DFI for one
year. FM Zebari also alerted the group that his team is
making progress on the U.S. victims claims issue, as well as
examining approximately 66 disputed OFF contracts it expects
to resolve before April. (NOTE: The exact number of disputed
contracts is unclear. A recent letter to the UNSC reported

69. END NOTE)

GOI LETTER
--------------


3. (C) Transitioning to the key issue of the meeting, the
FM told to the group that he had sent a letter to the UNSC
about GOI efforts to achieve compliance with IAEA
requirements. The letter highlighted Iraq's readiness to
provide information and access to the IAEA, underscoring the
GOI's willingness to work with the organization, he stated.
Zebari expressed the expectation that the IAEA will agree to
a presidential statement recognizing Iraq's compliance.


4. (C) FM Zebari asked the P-5 representatives for help
from their respective governments to obtain a positive
response from the IAEA and UNSC. As the GOI continues to
lobby in capitals around the world, he added, it wants to
"send the message that Iraq is part of the international
community."


RATIFICATION OF ADDITIONAL PROTOCOL...PROVISIONALLY
-------------- --------------


5. (C) FM Zebari shared that he recently called key COR
leaders to urge them to ratify the Additional Protocol (AP),
stating that a "lack of appreciation" for the AP's
importance, rather than political obstacles, is responsible
for delays in the ratification. Zebari elaborated that key
lawmakers do not consider the AP a priority, and that given
Parliament's current recess, an "extraordinary" session would
need to be called to allow for debate and voting on the AP.


6. (C) When asked by A/DCM to clarify whether the AP
received more than a first reading in Parliament, FM Zebari
related that while the Foreign Relations Committee has not
Qrelated that while the Foreign Relations Committee has not
pressed the AP vote in Parliament, the GOI offers its
assurances that the AP will be endorsed and, in the interim,
commits to a provisional application of the AP, and
communicated that commitment to the IAEA.


TRANSLATION OF THE FM'S LETTER TO SECRETARY CLINTON
-------------- --------------


7. (SBU) The following is an English translation of FM
Zebari's letter to Secretary Clinton:

Her Excellency Hillary Clinton
U.S. Secretary of State


Your Excellency is aware of the sanctions and restrictions
imposed on Iraq by UN Resolutions in the area of disarmament
and Weapons of Mass Destruction, especially Resolution 687
and 707 for the year 1991 in the aftermath of the former
regime's subjection of Kuwait and the Second Gulf War, and
because of the Regime's irresponsible foreign policies,
pursuit of internal oppression of its people, and the
unwavering readiness to use WMD against it. After the
collapse of that Regime in 2003 and the complete change of
the situation in Iraq, it was inevitable for the
international community to reexamine these sanctions after
Iraq has taken great strides in fulfilling its obligations in
this field based on relevant Security Council resolutions,
and also through joining and signing several international
agreements related to disarmament. Also, the Iraqi permanent
constitution stipulated banning the use and possession of WMD
and anything that it is connected with. The international
community valued these steps taken by Iraq in this respect
through Security Council Resolution No. 1762 for the year
2007, in accordance with which the Council had ended the two
mandates of the UN Monitoring, Verification, and Inspection
Committee (UNMOVIC) and the International Atomic Energy
Agency. Despite the effectiveness of the Resolution, some
secondary issues related to disarmament remain to be resolved
by the Security Council in order for Iraq to be able to
exercise its duties and enjoy its rights in the international
community as an effective member of it. I have explained all
of this in a similar letter to the President of the Security
Council and the General Director of the International Atomic
Energy Agency, dated 1-18-2010, in which I have set forth the
steps taken by Iraq, as well as the steps to be taken in the
future, to implement Iraq's obligations in the area of
disarmament. I have made it clear, in no uncertain terms,
that Iraq shall continue to provide the International Atomic
Energy Agency with the necessary and required announcements
and in a way that is consistent with the situation upon
Iraq's ratification of the Additional Protocol attached to
the Guarantees Agreement with the International Atomic Energy
Agency. I would add to the above that Iraq will guarantee
free access to locations and documents as stipulated in the
Additional Protocol. I have requested in my letter to the
Security Council and the International Atomic Energy Agency
to recognize the steps taken by Iraq, and also to recognize
the change that occurred in the situation in Iraq which makes
it substantively different from the situation that existed
when the Security Council's resolutions were adopted.
Consequently, the Iraqi government and the People of Iraq are
waiting for the Security Council's immediate ending of all
restrictions imposed on Iraq in accordance with Security
Council Resolutions related to disarmament, ballistic
missiles, and WMD, and including Security Council Resolutions
No. 687 and 707 for the year 1991.

I look forward to your cooperation and support for the
position of Iraq in ending the restrictions, and will
appreciate it if you can direct your Permanent Representative
in New York to deal positively with a resolution to be issued
by the Security Council in this regard. Such a position will
be greatly appreciated by our people and will enhance the
established good relations between our two countries and
peoples.

Please accept my sincere appreciation and respect.


Hoshyar Zebari, Minister of Foreign Affairs

TRANSLATION OF FM ZEBARI'S LEETER UNSC PRESIDENT YESUI
QTRANSLATION OF FM ZEBARI'S LEETER UNSC PRESIDENT YESUI
-------------- --------------


8. (SBU) The following is an English translation of FM
Zebari's letter to Zhang Yesui, President of the UN Security
Council:

Republic of Iraq
Ministry of Foreign Affairs
Minister's Office

His Excellency Mr. Zhang Yesui

I would like to refer to the report by UN Secretary General
mentioned in Document No. S/2009/385 regarding reviewing the
resolutions, based on the Security Council's Resolution No.
1859 for the year 2008, in order to return Iraq to its former
position prior to the Security Council's decision No. 661 for
the year 1990.

As Your Excellency knows, among the restrictions that are
still keeping Iraq from rejoining the international community
as a responsible and effective member and depriving it (at
the same time) from benefiting from the progress in
technology and scientific research, are restrictions related
to the remaining issue concerning disarmament, which the
international community must put an end to after Iraq has
fulfilled its obligation in accordance with related Security
Council Resolutions.

Here I would like to reconfirm Iraq's support for the
international regime for nonproliferation, and its commitment
to disarmament and other related international agreements.
We will work on providing the reports that include the
additional steps taken by the Iraqi government in this
respect.

In this regard, I would like to refer to Iraq's report to the
Security Council mentioned in document no. S/2008/350, based
on Resolution No. 1762 for the year 2007, and Iraq's report
to the Committee of 1540 mentioned in document no.
S/AC.44/2004/(02)116. In both reports, we stated the
positive steps taken by Iraq in the areas of disarmament and
nonproliferation. The Iraqi government has taken a number of
steps and procedures to abide by the international rules for
nonproliferation and disarmament, in addition to the
practical measures reported previously and mentioned in the
two Iraqi reports stated above, which are consistent with
Article 9 Paragraph (the Arabic letter "H") of the permanent
Iraqi Constitution which stipulates that, "The Iraqi
government shall respect and abide by Iraq's international
commitments concerning nonproliferation and the development,
production, and use of nuclear, chemical, and biological
weapons, and shall prevent the development, production, and
use of relevant equipment, materials, technology, and
communication systems."

I am pleased to inform the Security Council that Iraq, since
the adoption of the Security Council Resolution No. 1762 for
the year 2007, has achieved progress in very important
matters. Iraq has completed joining the Agreement on Banning
the Development, Production, Storage, and Use of Chemical
Weapons (chemical weapons agreement). With the deposit of
the membership deed, Iraq has become on February 9, 2009, the
186th member in the Agreement for Banning Chemical Weapons.

Iraq has signed the Additional Protocol of the Comprehensive
Guarantees of the International Atomic Energy Agency which is
currently under review for approval by the Council of
Representatives. Also, the Treaty for the Comprehensive Ban
of Nuclear Experiments has been submitted to the Council of
Representatives for approval.

Also, the National Monitoring Directorate (NMD),as required
by Resolution No. 1762, is working with other ministries in
the Iraqi government concerning the controls on the dual-use
and harmonizing the legislation concerning Iraqi exports with
international standards.

The NMD is the national liaison for implementing the Treaty
on Banning Development, Production, Storage, and Use of
biological and toxic weapons and monitoring their
destruction. The NMD takes annual measures for building
trust, and providing information for the implementation
support unit within the Office of the United Nations for
Disarmament Affairs in Geneva.

NMD, in cooperation and coordination with the Ministry of
Foreign Affairs and the Ministry of Science and Technology,
is preparing Iraq for joining the Convention on the Physical
Protection of Nuclear Materials.

Also, the Iraqi government, in its democratic structure, in
accordance with the principles of the Constitution, pledges
to take additional steps to abide by the standards of
nonproliferation and disarmament.

The Iraqi government seeks to guarantee that the NMD continue
to work on establishing and implementing the regulations
Qto work on establishing and implementing the regulations
concerning control over the Iraqi exports in a manner that is
consistent with the international standards, such as the
control system over missile technology, the Australian Group,
the Nuclear Suppliers Group, and the "FAZNAR" agreement
(TN:spelled phonetically),including transit, shipping, and
all other controls in this regard. Iraq will seek to join
the Vienna Convention on Civil Liability for Nuclear Damages
and the Convention of Nuclear Safety, the international
system of discipline to prevent the spread of ballistic
missiles. Iraq will also take the necessary steps to
participate in the Hague Code of Conduct against the
proliferation of ballistic missiles.

Moreover, the Iraqi government will seek to approve the
International Initiative for Combating Nuclear Terrorism,
implement the laws of the International Atomic Energy Agency
on the rules of safety and security of radioactive sources,
implement the regulations related to import and export, and
enter into joint treaties concerning the safety of managing
consumed fuel and radioactive waste.

The Iraqi government will continue to provide the
International Atomic Energy Agency with the necessary and
required announcements in a way that is consistent with the
situation upon Iraq's approval of the Additional Protocol.

The steps that Iraq intends to take clearly show and assure
the international community of the extent of Iraq's
commitment to the regulations of nonproliferation. Iraq will
inform the Security Council and the IAEA and the relevant
agencies, in accordance with its legal and legislative
authority and consistent with international regulations, of
all progress achieved in implementing these steps.

Therefore, we hope the Security Council and the IAEA will
recognize these steps, as well as the change that has
occurred when the Security Council disarmament resolutions
were adopted. We look forward to the Security Council's
immediate consideration of ending all restrictions imposed on
Iraq in accordance with the Security Council Resolutions
related to disarmament, Weapons of Mass Destruction, and
ballistic missiles, including Security Council Resolutions
No. 687 and 707 of 1991.

The Government and People of Iraq are determined to build a
democratic system, live peacefully in a stable and secure
homeland, and play a positive role that contributes to the
stability and security of the region. We hope that the
international community will assist Iraq in playing this role
and overcoming the consequences of the irresponsible policies
of the previous regime.

I would be grateful if Your Excellency can circulate this
letter to the members of the UNSC as soon as possible to
assist the Council in its deliberations in accordance with
Resolution No. 1859 of 2008.

Respectfully,
Hoshyar Zebari
Iraqi Foreign Minister

HILL