US embassy cable - 04THEHAGUE2750

UNCLAS SECTION 01 OF 03 THE HAGUE 002750 
 
SIPDIS 
 
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 JOECK 
WINPAC FOR WALTER 
 
E.O. 12958: N/A 
TAGS: PARM, PREL, CWC 
SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC):  WEEKLY WRAP-UP 
FOR 22 OCTOBER 2004 
 
REF: STATE 193093 
 
This is CWC-126-04. 
 
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ARTICLE VII IMPLEMENTATION AMONG EC MEMBERS 
------------------------------------------- 
 
1.  (U) On the margins of the 38th Executive Council, Del 
contacted Art VII noncompliant EC members to: 1) request an 
update regarding their status of implementation, 2) stress 
the importance of EC members, whom are charged with the 
responsibility of overseeing treaty implementation, to honor 
their Article VII implementation obligations, and 3) remind 
EC members the U.S. stands ready to provide implementation 
assistance, upon request. 
 
2.  (U) Amb. Javits personally addressed the issue with the 
delegations of Kenya, Morocco, Malaysia, and Tunisia.  Del 
contacted Cameroon, Sri Lanka, Kuwait, Mexico, Nigeria, 
Serbia and Montenegro, and Uruguay.  Zambia, which does not 
have a rep in The Hague, is the only EC member not yet 
contacted, as Del not been able to reach anyone in their 
office in Brussels.  Amb. Javits will be following up on this 
issue with other delegations as well as EC Chairman 
Arrospide.  Del will continue to press States Parties to meet 
their Article VII obligations and provide updates on the 
status of their national implementation efforts. 
 
3.  (U) All SPs provided similar responses to the demarche. 
First, SPs explained that they fully understand their 
obligations, EC members in particular, to implement the 
treaty.  Second, they assured Del their government is 
actively working on the legislation/process of 
implementation.  Third, they expressed appreciation for U.S. 
offers of assistance and added that they are evaluating how 
such assistance might help their specific situation.  Fourth, 
SPs assured us they will keep the Del apprised of status 
changes in regards to meeting their Art. VII obligations. 
 
4.  (U) The following specific comments were also provided: 
 
-- Kenya is very interested in U.S. assistance and mentioned 
their discussions with "a State Party" during their opening 
statement to the EC. 
 
-- Morocco provided draft legislation last February to the 
Technical Secretariat and received comments.  They have 
incorporated the comments and are awaiting presentation of 
the bill for adoption.  They anticipate this legislative 
process will be completed prior to the CSP-10 deadline. 
 
-- Tunisia's legislation has been drafted and currently sits 
in committee for consideration.  Tunisia anticipates this 
legislative process will be completed prior to CSP-10. 
 
-- Mexico originally drafted legislation as an add-on to 
their environmental/hazardous material regulations.  However, 
upon further review, Mexican officials decided this addendum 
was not sufficiently comprehensive to cover all aspects of 
national implementation, including the general purpose 
criterion.  Mexico, therefore, established a committee in 
April 2004 to consider amendments to both the criminal code 
and environmental/hazardous material regulations. 
 
-- Serbia and Montenegro indicated that political problems 
and instability have prevented action by the government on 
national implementing measures.  Representatives indicated 
that national implementing measures remain a priority, 
especially as EC members, and they intend to augment their 
draft legislation and get it through their regulatory process 
as soon as possible, hopefully by CSP-10. 
 
-- Representatives of Cameroon, Malaysia, Sri Lanka, Kuwait, 
Nigeria and Uruguay indicated little knowledge concerning the 
status of implementation in their countries.  Each indicated 
appreciation for the U.S. inquiry, and said they would check 
with capitals and get back to Del with substantive comments. 
 
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2005 BUDGET 
----------- 
5.  (U) There has been very little activity on the budget 
since the conclusion of the EC.  Both co-facilitators have 
been out of town, so there have been no consultations or 
meetings.  Delegations are waiting for the TS to provide 
additional information on current disbursement rates against 
approved budget allocations for 2004, recent decisions on 
salary levels and related staff benefits, updated USD/Euro 
exchange rate information, and the latest available 
information on local inflation information and labor market 
conditions, as promised in paragraph 21.3 of the EC-38 
report. 
 
6.  (U) The Canadian co-facilitator, Ian Mundell, told WEOG 
members that he believed that there may be some confusion 
within certain quarters of the TS about the necessity of 
promptly providing the information as required in the report 
language.  Mundell will follow up with the Deputy DG and 
attempt to schedule further budget consultations in the next 
two weeks.  In addition, several delegations, including the 
U.S., have outstanding requests for budget-related 
information pending with the TS.  Del will push the TS to 
adhere to the requirements of the report language and also to 
provide all delegations with the information requested in a 
timely manner.  Del will also highlight the fact that it 
would be in the TS's interest to provide alternative budget 
scenarios using a smaller increase than originally proposed, 
rather than having delegations go through the budget on a 
line-by-line basis. 
 
7.  (U) Noting that the issue of increased funding for 
International Cooperation and Assistance will definitely 
arise during upcoming budget discussions, the U.S. and other 
delegations stressed the need for emphasizing that much of 
the budget that does not officially fall under the heading of 
ICA is in fact ICA-related funding.  In addition, the Dutch, 
speaking for the EU, said that the one-time EU voluntary 
contribution for 2005 is likely to be two million euros, half 
of which will be earmarked for ICA.  The Dutch were not sure, 
but believe all of the two million euros will be disbursed in 
2005.  If so, it may be problematic for the TS to effectively 
absorb such a large contribution.  The Swiss suggested that 
the NAM might be willing to accept a smaller increase in ICA 
funding in exchange for strengthening the language concerning 
ICA within the Core Objectives.  The U.S. asserted that it 
was essential that the WEOG approach the upcoming budget 
discussions with a united front in order to stave off NAM 
attempts to increase ICA funding. 
 
-------------------------- 
WORKING CAPITAL FUND (WCF) 
-------------------------- 
 
8.  (U) Del rep spoke with the Head of the OPCW Budget and 
Finance Branch, Rick Martin, on October 18 to encourage him 
to utilize the WCF, rather than curtail OPCW activities 
should any late U.S. payment cause the organization to become 
strapped for cash.  Martin said that he thought the 
organization would probably not need to touch the WCF until 
at least late-November given the current rate of 
expenditures.  Martin added that it would be better to use 
the fund and then replenish it, rather than have to return 
the U.S. contribution to SP's should the U.S. payment arrive 
in CY 2005, as mandated by the financial regulations.  He 
seemed to imply, however, that there was some reluctance 
within the organization to tapping the WCF. 
 
--------- 
ARTICLE X 
--------- 
 
9.  (U)  Gabrielle Kruger (UK), facilitator of the National 
Programs questionnaire, noted in WEOG that the latest, and 
hopefully final draft of the document will be distributed to 
SPs by the TS this week.  Indications are that China and 
Russia have agreed to accept the document in its current form 
and that Pakistan, Iran and India have indicated to her they 
do not have substantive or specific objections, but will wish 
to discuss the decision language.  Del has received from 
Kruger a draft of the decision language, which has been sent 
to AC-CB.  Kruger is planning meetings for the end of next 
week or beginning of the following week to discuss the 
questionnaire and decision language. 
----------- 
ARTICLE VII 
----------- 
10.  (U) Del reps and representatives from Japan, New Zealand 
and Australia attended a TS meeting hosted by Sergey Kisselev 
(ICA), Ralf Trapp, and Keith Wilson (ERD) on October 21 to 
present a proposal for these states to assist implementing 
SPs in the Pacific Island Forum (PIF).  As background, the TS 
provided a copy of draft legislation developed during the 
June 14-15, 2004 Fiji workshop, an August 6, 2004 TS letter 
to these 17 states requesting information on the status of 
their implementation efforts, and a summary of responses 
received (FAXed to AC/CB). 
 
11.  (U) Using this information as the basis for discussion, 
the TS provided reps a proposal for follow-on actions by the 
attending SP representatives.  The TS proposes that the U.S. 
follow up with the Cook Islands, Fiji, Kiribati, the Marshall 
Islands, and Palau.  Kisselev reported that political 
pressure is required to move the implementation process 
forward in the Cook Islands, Fiji, Kiribati, and Palau (a 
U.S. citizen drafted Palau's legislation).  The Marshall 
Islands and Micronesia reportedly will need more direct 
assistance.  Kisselev noted that both Fiji and Palau will be 
attending the meeting of National Authorities in The Hague 
just prior to the CSP, which could provide an opportunity for 
U.S. del reps to meet with their representatives. 
 
12.  (U) The TS requested that the delegation indicate 
Washington's willingness to provide the requested assistance 
by mid-November.  Both Australia and New Zealand noted they 
lacked resources, but thought they could provide some of the 
needed support.  Japan enthusiastically endorsed the TS 
proposal subject to approval by Tokyo.  Del applauds the TS 
initiative to assign donors to recipients under the Article 
VII Action Plan. 
 
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"STATENKWARTIER" REDEVELOPMENT 
------------------------------ 
 
13.  (U) As reported previously, The Hague is planning a 
redevelopment near the Del office, extending from the 
International Criminal Court to the Netherlands Congress 
Center.  The development will be named "The Hague World 
Forum."  Del will be meeting with the project leader to 
discuss how the development may affect Del operations in key 
areas such as access, security, etc. 
 
14.  (U)  Javits sends. 
SOBEL