US embassy cable - 03THEHAGUE2939

UNCLAS SECTION 01 OF 03 THE HAGUE 002939 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR AC/CB, NP/CBM, VC/CCB, L/ACV, IO/S 
SECDEF FOR OSD/ISP 
JOINT STAFF FOR DD PMA-A FOR WTC 
COMMERCE FOR BIS (GOLDMAN) 
NSC FOR CHUPA 
WINPAC FOR LIEPMAN 
 
E.O. 12958: N/A 
TAGS: PARM, PREL, CWC 
SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC): 1ST MEETING OF 
LEGAL EXPERTS AT OPCW 
 
This is CWC-123-03. 
 
1.  (U)  Summary. Two USG legal experts (Bernard Seward from 
State/L/ACV - JAGLCS/CLAMO and Randy Pratt from 
Commerce/OGC/IS) participated in the first meeting of the CWC 
"Network of Legal Experts" November 4-7, supported by the 
Commerce representative to the U.S. CWC Delegation (Brandon 
Williams).  The meeting was useful in providing information 
about the status of implementing legislation in the 37 States 
Parties participating and in identifying how the USG may 
assist interested governments in taking steps toward full 
implementation of the Convention.  End Summary. 
 
2.  (SBU)  Attendance:  37 countries sent representatives to 
the initial meeting of the CWC Legal Experts Network (LEN)- 
Algeria, Argentina, Austria, Bangladesh, Belarus, Benin, 
Burundi, Cameroon, Canada, Czech Republic, El Salvador, 
Ethiopia, Gabon, Georgia, Germany, Indonesia, Kuwait, 
Kyrgyzstan, Malawi, Mexico, Moldova, Morocco, Nicaragua, 
Nigeria, Palau, Peru, St. Vincent and Grenadines, Serbia and 
Montenegro, Spain, Sri Lanka, Togo, Trinidad and Tobago, 
Uganda, UK, USA, Uzbekistan and Viet Nam. Japan and Iran 
attended intermittently but did not actively participate. Key 
legal and other assistance donor countries such as France and 
Australia were missing, and others such as Canada, UK, and 
Germany attended only the presentations and otherwise 
participated only minimally.  Members of their National 
Authority or their general legislative drafting departments 
represented most recipient countries. 
 
3.  (SBU)  Comment:  According to Technical Secretariat (TS) 
Legal Officer Lisa Tabassi, more countries were interested in 
participating.  However, the TS originally planned for 
participation of only 36 countries, so certain countries 
which had expressed interest, but which had recently received 
sponsorship to other fora were not funded and so did not 
participate.  End Comment. 
 
4.  (U)  The first two days of CWC LEN meeting were dedicated 
to TS and national presentations.  Tabassi began by framing 
the discussions for participants by referencing the Action 
Plan for Article VII and how the Convention and its 
comprehensive implementation complement global 
counter-terrorism efforts.  Tabassi also discussed various 
legal issues including the need to provide legal authority 
over "free zones" and "free ports" in CWC implementing 
legislation and the need to account for the obligation to 
provide legal assistance to other States Party to prosecute 
violations of laws prohibiting CW activities.  TS Policy 
Officer Trapp then provided a detailed brief on the Action 
Plan for implementation recently adopted by the OPCW CSP. 
 
5.  (SBU)  Status of implementing legislation:  The attendees 
then briefed their status as follows: 
 
-- (SBU) Comprehensive legislation enacted - 11 (Austria, 
Belarus, Canada, Czech Republic, Ethiopia, Germany, Peru, St. 
Vincent and Grenadines, Spain, UK, and USA).  Of these, 
Austria, Canada, and Spain indicated updates to legislation 
are in process to fill remaining gaps. 
 
-- (SBU) Legislation drafted but awaiting Cabinet/Legislative 
approval - 3 (Bangladesh, Morocco, Trinidad and Tobago) 
 
-- (SBU) In process of drafting - 14 (Algeria, Argentina, 
Benin, Burundi, Georgia, Indonesia, Kyrgyzstan, Mexico, 
Nigeria, Palau, Serbia and Montenegro, Sri Lanka, Uzbekistan, 
Viet Nam) 
 
-- (SBU) Nothing - 9 (Cameroon, El Salvador, Gabon, Kuwait, 
Malawi, Nicaragua, Moldova, Togo, Uganda). 
 
6.  (SBU)  During presentation of national statements, Togo 
and Nigeria publicly specifically requested U.S. help while a 
number of other countries also privately approached the Del 
for assistance (see para X.).  The representatives from 
Nigeria, Uganda, Sri Lanka, and Bangladesh seemed inclined to 
use the TS model law provided in its "National Legislation 
Implementation Kit."  Moldova, Republic of Serbia and 
Montenegro, Trinidad and Tobago, and Togo were interested in 
how to implement their laws once they are passed, and/or 
being able to describe the resources and regulatory measures 
that will be required for implementation during the current 
consideration of legislation. 
 
7. (SBU)  Most of the countries that had not enacted 
comprehensive legislation reported that they currently were 
relying on scattered existing legislation for possible 
enforcement actions, primarily penal code provisions on 
poisons and dangerous substances, environmental regulations, 
and customs laws.  They recognized, however, that overall 
legislation to fill in the gaps, modernize their laws and 
provide for declarations and inspections is necessary. 
 
8.  (U)  On Nov. 6, to facilitate language-based group 
discussion, attendees were divided into UN-based language 
groups.  The U.S. joined the so-called "English speaking" 
group (which consisted of all countries that did not speak 
Russian, Spanish, Arabic, Chinese or French - around 20 
countries).  No agenda or moderator was provided by the TS so 
each group decided for itself what it would do.  The 
English-speaking group decided to use the time to engage in 
bilateral consultations (see para X). 
 
9.    (SBU) Del conducted bilateral discussions with Vietnam, 
Indonesia, Trinidad and Tobago, Serbia and Montenegro, Togo, 
Uganda, and Nigeria each of whom requested specific U.S. 
implementation support to facilitate development of a 
national authority and facilitate enactment of legislation. 
Most requests were for assistance in educating government 
ministries, industry and legislators as to the requirements 
of the CWC, rather than drafting or other legal assistance. 
Discussions surfaced a general theme of implementation 
support needs for implementation information and guidance, 
industry outreach seminar assistance and government personnel 
training.  Bangledesh, Sri Lanka, and Cameroon also expressed 
interest in assistance, but indicated that timing of such 
assistance should follow enactment of legislation. Del 
provided each representative with USG contacts for written 
requests (State/National Authority - Sidler and CWDel member 
- Williams) to initiate dialogue on implementation support 
type, timing and intensity. 
 
10.  (U)  At a sparsely-attended Nov. 7 meeting of the 
"English-speaking" group, TS Policy Officer Trapp attempted 
to solicit ideas as to what legal assistance could be 
provided in the future by the CWC Legal Experts Network (LEN) 
and through what mechanisms.  In the absence of any reaction, 
USDEL led off with its view: 
 
-- (U) Having many of the actual legislative drafters present 
was very useful in providing an accurate assessment of the 
current state of affairs regarding implementing legislation 
in the countries represented. 
 
-- (U) The informal, experts nature of the meeting greatly 
assisted the free flow of information and should be 
continued.  The establishment of points of contact for 
legislation greatly improves communication and provides a 
conduit for follow-on bilateral and TS action. 
 
-- (U) USG CWC legal experts Seward and Pratt were available 
to review draft legislation and regulations and discuss legal 
issues, either directly or as part of submissions to the TS 
Office of the Legal Adviser. 
 
-- (U) The USG was prepared to entertain requests for other 
forms of implementation assistance such as brochures 
explaining the CWC to industry or conducting information 
seminars. While USG CWC legal experts could not receive 
official requests for resource, information or other 
non-legal forms of assistance, they could provide information 
on how to formally request assistance and would alert the USG 
that specific countries were inquiring about assistance. 
(Information on USG contacts for such requests -- CWDEL 
member Williams and State/MA Sidler -- was subsequently 
distributed.) 
 
-- (U) The TS should set up a password-protected area for the 
confidential exchange of information among experts.  This 
 
SIPDIS 
forum should be the main focal point for coordination of the 
LEN, augmented by annual meetings.  The TS should also 
solicit information for and post an informal quarterly update 
of the progress countries were making in 
drafting/passing/implementing their legislation and 
regulations.  This site should include copies of national 
statements presented during the LEN meeting. 
 
11. (U)  There were few other responses.  Sri Lanka liked the 
idea of a quarterly report.  Trinidad and Tobago asked for TS 
assistance for the Caribbean regional group and stressed the 
need for more interaction among the LEN participants, 
specifically requesting establishment of a Commonwealth-based 
review and coordination group for legislation. 
 
12. (U) The TS (Trapp) indicated it would be setting up the 
website for coordination, will consider annual meetings of 
the LEN to monitor and encourage progress, and will solicit 
other States Parties participation with a focus on linking 
donors to recipients. 
 
13.  (U)  Javits sends. 
SOBEL