HCOC - ENCOURAGING SINGAPORE TO SUBSCRIBE

C O N F I D E N T I A L STATE 016555

SIPDIS

E.O. 12958: DECL: 02/23/2035
TAGS: MTCRE PREL MNUC KSCA ETTC TSPA SN
SUBJECT: HCOC - ENCOURAGING SINGAPORE TO SUBSCRIBE

REF: A. 09 STATE 044998

B. 07 STATE 72346

C. 05 SINGAPORE 3160

D. 03 SINGAPORE 3869

E. 03 STATE 254339

F. 03 SINGAPORE 1566

G. 03 STATE 89910

H. 02 SINGAPORE 3942

I. 02 STATE 215622

J. 02 STATE 209829

K. 02 STATE 237600

L. 02 STATE 238689

M. 02 STATE 259795

Classified By: ISN/MTR DIRECTOR PAM DURHAM FOR REASONS
1.4 (B),(D),AND (H).


1. (U) This is an action request. Please see para 3.


OBJECTIVE AND ACTION REQUEST
--------------


2. (U) Objective: We want Singapore to subscribe to the
Hague Code of Conduct Against Ballistic Missile Proliferation
(HCOC).


3. (SBU) Action Request: Drawing on the talking
points and other information in paras 4-11 below, request post
approach appropriate senior-level host government officials at
the earliest opportunity and urge them to subscribe to the
HCOC. Post is requested to report the GOS's reply via cable
slugged for ISN/MTR with "HCOC" in the subject line. (Copies
of talking points, text of the HCOC, list of subscribing
countries, and sample Note Verbale may be shared with
Singapore officials).

BACKGROUND
--------------


4. (C) Background: The United States has encouraged
Singapore to subscribe to the Hague Code of Conduct Against
Ballistic Missile Proliferation (HCOC) numerous times since
2002 (Refs A-I). While Singapore has said that it has no
objections to the HCOC, it has expressed a reluctance to
subscribe due to "limited resources." Singapore was one of
159 nations that voted in favor of United Nations General
Assembly Resolution 63/64 of December 2008 supporting the
HCOC, as well as various predecessor resolutions.


5. (C) During the January 26-27, 2010 U.S.-Singapore
Counterproliferation Dialogue, Acting Assistant Secretary Vann
Van Diepen again pressed the GOS to subscribe, noting that he
had raised this issue with Singapore as far back as 2005, and
expressing his disappointment that this was still an open
issue. Singapore asked what subscribing to the HCOC would
entail, reiterating its concerns about Singapore's resource
constraints. Van Diepen emphasized that the demands on HCOC
Subscribing States ) especially non-missile states like
Singapore ) are minimal and consist of each subscribing
country providing an annual declaration of its space launch
and ballistic missile policies and submitting pre-launch
notification of all space launch vehicle and ballistic missile
launches. Van Diepen noted that as Singapore has no space
launch or ballistic missile program, it could simply submit a
"nil" form for its annual declaration each year. Singapore
officials agreed to take another look at the HCOC, and
indicated that "next time" they might have a "different
answer."


6. (SBU) Per Refs J-M, the Hague Code of Conduct Against
Ballistic Missile Proliferation (HCOC; also known as the
International Code of Conduct, or ICOC; text at para 9) 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 annual 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 February 2010, 130 countries have
subscribed to the HCOC (see para 10).


7. (SBU) 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 no formal secretariat or
implementing organization, and thus we do not foresee any
financial burden for Singapore. The HCOC will hold its Ninth
Regular Meeting on May 31 - June 1, 2010 in Vienna.


8. (C) Begin Text of Talking Points:

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

-- We have approached your government on several occasions
since 2002 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.

-- In our previous discussions with your government, you
stated that you did not have any objections to the HCOC, but
that you were concerned about a lack of resources.

-- Subscribing to the HCOC is the right thing to do, and has
no resource implications.

-- We would therefore like to again encourage Singapore to
subscribe to the HCOC by submitting its Note Verbale to the
government of Austria as soon as possible.

-- By subscribing, countries show their support for halting
the spread of ballistic missiles capable of delivering
nuclear, chemical, and biological weapons.

-- The HCOC is a political commitment that is open to all
countries' voluntary subscription. 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.

-- As Acting Assistant Secretary Van Diepen noted during the
January 26-27, 2010 U.S.-Singapore Counterproliferation
Dialogue, there are no assessed contributions or other
monetary costs of subscribing.

-- As a country with no missile or space launch programs,
Singapore's obligations under the HCOC would be minimal.

-- Subscribing countries are required only to provide an
annual declaration of their space launch and ballistic missile
policies, and to submit pre-launch notification of all space
launch vehicle and ballistic missile launches.

-- Because Singapore has no space launch or ballistic missile
program, it could simply submit a "nil" form for its annual
declaration each year.

-- The current 130 Subscribing States represent every region
in the world, including the following Asian/Pacific region
countries: Australia, Cambodia, East Timor, Japan,
Kazakhstan, Mongolia, New Zealand, Papua New Guinea, the
Philippines, and South Korea.

-- In addition, 78 PSI member states have subscribed to the
HCOC, including Argentina, Canada, Chile, Jordan, Liberia,
Libya, Morocco, Russia, Turkey, Ukraine and all European Union
countries.

-- 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 United Nations General Assembly of a
resolution endorsing the HCOC (GA Resolution 63/64). We are
grateful that Singapore voted in favor of this resolution, and
we hope you will take the next step and subscribe.

-- We know Singapore 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 appreciated
by the United States.

-- Singapore can subscribe by sending a Note Verbale to the
Government of Austria, which is the Executive Secretary of the
HCOC (hcoc@bmeia.gv.at). (Hand over example note at para 11.)

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

END TEXT OF TALKING POINTS


9. (U) The government of the Netherlands distributed the
HCOC text to all countries invited to the November 2002
Launching Conference. The USG has provided it to the GOS on
various occasions. 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
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
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:

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.



10. (U) List of Subscribing States as of February 2010.


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

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

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



11. (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


POINT OF CONTACT
--------------


12. (U) Please contact ISN/MTR's John Paul Herrmann or Sarah
Ayers with any questions or follow-up issues related to this
case (202-647-1430 - herrmannjp@state.sgov.gov or
herrmannjp2@state.gov; or 202-647-1142 -
ayerssl@state.sgov.gov or ayerssl@state.gov),and slug
reporting on this issue for ISN/MTR with "HCOC" in the subject
line.


13. (U) A word version of this document will be posted at
www.state.sgov.gov/demarche.
CLINTON