US embassy cable - 04THEHAGUE2687

UNCLAS THE HAGUE 002687 
 
SIPDIS 
 
FROM AMBASSADOR JAVITS - U.S. PERMREP TO THE OPCW 
 
E.O. 12958: N/A 
TAGS: PARM, PREL, LY, CWC 
SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC) - APPROVAL OF 
TECHNICAL CHANGE TO ALLOW CONVERSION OF RABTA FACILITY 
 
 
This is CWC-123-04. 
 
1.  (U) The Executive Council of the Organization for the 
Prohibition of Chemical Weapons (OPCW), at its October 12-15 
session, unanimously adopted a recommendation to all States 
Parties to approve a change to the Chemical Weapons 
Convention.  This change allows Libya to request approval for 
the conversion of its former chemical weapons production 
facility at Rabta for purposes not prohibited under the 
Convention.  Specifically, it allows Libya to produce 
pharmaceuticals to treat AIDS, malaria and tuberculosis on 
the African continent.  Close and effective cooperation 
between the U.S., UK, Libyan, Italian and Tunisian 
delegations resulted in a handful of holdouts, most notably 
Russia, being brought onboard late in the session.  Extensive 
discussions were also held with India and Pakistan to resolve 
lingering concerns about the format and scope of the draft 
recommendation containing the proposal. 
 
2.  (U) As required under subparagraph 5(c) of Article XV, 
all States Parties will now be notified of the Council's 
recommendation, with appropriate explanations, for 
consideration.  This action will be taken by the Council 
Chairman on or about October 18th and will trigger a 90-day 
period during which any State Party may object to the 
proposal.  Barring such objection, the proposal is considered 
approved at the end of the 90-day period.  If a State Party 
does object, the matter is to be taken up for decision as a 
matter of substance by the Conference of States Parties at 
its next session. 
 
3.  (U) The consensus decision of the Council gives reason 
for optimism that no State Party will break silence, although 
the delegation will continue to closely monitor the 
situation.  In that regard, we would note that after the 
Council adopted the draft recommendation, the German 
delegation, reading from text provided by Berlin, made a 
statement that concluded with the unhelpful observation that 
Germany may be obliged to object to the recommendation, 
purely as a procedural matter.  In particular, the FRG 
statement noted the possibility that, owing to Christmas 
holidays and the time available to them, the Bundestag may 
not be able to consider the recommendation during the 90-day 
period.  In such a case, Germany could not rule out the 
possibility of having to raise an objection simply to give 
itself the time and opportunity it needs to meet its internal 
bureaucratic requirements.  The statement also noted the FRG 
would do everything in its power to avoid such an 
eventuality.  It may be advisable for Embassy Berlin to 
monitor this situation closely during the coming weeks. 
 
4.  (U) Finally, this seems an opportune occasion to express 
my appreciation for the outstanding work done by AC/CB over 
the past few months and during the recent Council session, as 
well as the critical assistance that has been provided by all 
of the posts receiving this message.  The Rabta technical 
change generated a significant level of energy and engagement 
within the OPCW.  Opening statements were made by 26 
delegations, all of which addressed the Rabta issue.  Once 
the technical change was adopted, the Libyan and numerous 
African delegations went out of their way to extend to me 
statements of appreciation.  And I wish to extend my own 
thanks to all those who contributed to this successful 
outcome. 
 
5.  (U) Javits sends. 
SOBEL