Search

 

Cablegate: Chemical Weapons Convention (Cwc): Wrap Up for The

VZCZCXRO8408
OO RUEHTRO
DE RUEHTC #1998/01 3201438
ZNR UUUUU ZZH
O 161438Z NOV 07
FM AMEMBASSY THE HAGUE
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0700
INFO RUEHTRO/AMEMBASSY TRIPOLI IMMEDIATE
RUEAIIA/CIA WASHDC PRIORITY
RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY
RHEBAAA/DEPT OF ENERGY WASHDC PRIORITY
RUEKJCS/SECDEF WASHDC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RUEKJCS/JOINT STAFF WASHDC PRIORITY

UNCLAS SECTION 01 OF 09 THE HAGUE 001998

SIPDIS

SENSITIVE
SIPDIS

STATE FOR ISN/CB, VCI/CCA, L/ACV, IO/S,
SECDEF FOR OSD/ISP
JOINT STAFF FOR DD PMA-A FOR WTC
COMMERCE FOR BIS (GOLDMAN)
NSC FOR LEDDY
WINPAC FOR WALTER

E.O. 12958: N/A
TAGS: LY PARM PREL CWC
SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC): WRAP UP FOR THE
TWELFTH CONFERENCE OF STATES PARTIES, NOVEMBER 5-9, 2007

REF: A. A) STATE 152370

B. B) THE HAGUE 1952

This is CWC-88-07.

-------
SUMMARY
-------

1. (SBU) The Twelfth Conference of States Parties (CSP -12)
approved a series of decisions to intensify action on Article
VII implementation, to continue consultations on specific
measures to implement Article XI, and to continue work on the
action plan on universality. The Iranian price for allowing
these decisions to move forward was report language on the
importance of developing measures for emergency assistance to
victims of chemical weapons under Article X.

2. (SBU) This Conference was notable for two unprecedented
procedural maneuvers, which may haunt the CWC political
bodies in the future. First was the challenge by Morocco in
the CSP of the African regional group,s slate of candidate
countries for the Executive Council, which led to a
procedural vote in plenary session. That Morocco refused to
accept the regional group,s decision, after an earlier
attempt by some in the African group to revisit their
decision on the CSP chair, will likely mean continued
divisions among the African ranks and perhaps future
disgruntled challenges to positions selected by regional
groups. Second, the inability of the Executive Council (EC)
to complete its work on Articles VII, XI and Universality
before, or during an extra meeting concurrent with the CSP,
led to the referral of all three matters directly to the
Conference. This transfer, along with the sudden Iranian
push for action on Article X, may weaken the authority of the
Executive Council and further encourage Iran or others to
bring new issues directly to the full Conference without
prior vetting through consultations or the EC.

3. (U) This report will cover the special meeting of the
Executive Council, the Conference of States Parties in the
order of its agenda items, and then side meetings with the
Quad and Libya. End Summary.

----------------------------------------
SPECIAL MEETING OF THE EXECUTIVE COUNCIL
----------------------------------------

4. (U) The EC met on Thursday, November 8, and again on
Friday, November 9, to consider action on Articles VII, IX
and Universality to the Conference. At the opening of the
Council, the Algerian representative, as the vice chair for
the industry cluster, requested the addition of Article VI to
the agenda (see EC-M-27/DEC/CRP.4, dated 8 November 2007).
Iran, in turn, requested consideration of Article X. The
facilitator for the Article VI consultations on &late
declarations8 (Larry Denyer, Del) made a brief report to the
EC on the consensus achieved during the most recent
consultation (October 19). However, during discussion, India
informed the EC that they did not have final instructions
regarding this decision and, because of a national holiday,
would not be able to receive such during the EC. For this
reason, this matter was deferred to EC-51.

5. (U) Despite lengthy adjournments for consultations,
consensus was not reached on Articles VII, X, XI, and
Universality, and the Chairman announced that time had run
out for EC action. The Council referred all four matters to
the Conference of States Parties without recommendation on
Friday afternoon.


----------------------------
CONFERENCE OF STATES PARTIES
----------------------------
AGENDA ITEMS 1- 6
----------------------------

THE HAGUE 00001998 002 OF 009

6. (U) Ambassador Dastis (Spain) opened CSP-12 on November 5
with an overview of the year in his role as the past
chairman. He introduced Ambassador Idris of Sudan, who was
elected as the new chairman, and the regional group
vice-chairmen of the Conference -- United States, France,
China, Iran, Russia, Croatia, Ecuador, Costa Rica, Cameroon
and Nigeria. The German Ambassador was elected chairman of
the Committee of the Whole. The Credentials Committee was
appointed.

--------------------------------------------- --------
AGENDA ITEM 7 - STATEMENT BY THE DIRECTOR-GENERAL
--------------------------------------------- --------

7. (U) Director-General Rogelio Pfirter,s statement
captured a number of prevailing themes that are important to
the U.S., including the CWC Tenth Year Anniversary, progress
made on the destruction of CW stockpiles and chemical weapons
production facilities, status of conversion activities,
Albania,s completion of destruction of its CW stockpile,
industry issues, TS readiness to conduct a challenge
inspection and investigation of alleged use, progress in
implementing the Article VII plan of action, adoption of the
2008 budget, universality, and the Second Review Conference.

------------------------------
AGNEDA ITEM 8 - GENERAL DEBATE
------------------------------

8. (U) A representative of the Secretary General of the
United Nations, Ambassador Duarte, congratulated the OPCW on
its ten year anniversary. The General Debate spanned from
Monday afternoon to late Tuesday afternoon. First to speak
were representatives of groups ) the Portuguese ambassador
on behalf of the European Union and its supporting countries,
Cuba representing the Non-aligned movement (NAM) and China,
and South Africa on behalf of the African states. The EU
expressed concern for increasing the number of inspections
for Other Chemical Production Facilities (OCPFs), and thanked
the Netherlands for having carried out a Challenge Inspection
exercise at a commercial chemical facility in Delft. Cuba
expressed concern about the pace at which possessor States
Parties are completing their obligations to destroy declared
CW stockpiles. Albania was praised as the first possessor
state to have completed destruction of its declared CW
stocks. The Cuban/NAM statement raised concerns regarding
the implementation of Article XI and technology transfer
related issues, and about the selection criteria used for
choosing sites for OCPF inspections. South Africa, speaking
on behalf of the Africa Group, also echoed the NAM position
that possessor states must complete their destruction of CW
stocks as soon as possible. The African statement also urged
the establishment of an OPCW office in Africa.

9. (U) Many of the States Parties (SPs) provided national
speeches following the overarching addresses made by group
representatives. Frequent themes included congratulations to
Albania for having completed destruction of its CW stockpile,
calls for possessor states to meet their obligations to
destroy all of their stockpiles within the deadlines set by
the Convention, dissatisfaction with the current OCPF
selection methodology, and the need for continued efforts and
assistance on national implementation (Art VII). Among the
developing countries, themes included the need to focus on
full implementation of Article XI, particularly at the
RevCon. Algeria emphasized the need to address the issue of
terrorism, while Pakistan called for a multilateral export
control agreement. Albania was among the last speakers to
take the floor, proudly stating that it was the first
possessor SP to eliminate its CW stocks. Albania gave credit
and thanked the US for its financial and technical support,
as well as the Swiss.

--------------------------------------------
AGENDA ITEM 9 -- STATUS OF IMPLEMENTATION
--------------------------------------------

THE HAGUE 00001998 003 OF 009

10. (U) On November 6, A/S Paula DeSutter was featured as a
speaker under this agenda item. Her address was well
received, except for Iran,s exercise of its right to reply
in which it objected to DeSutter,s reference to its nuclear
program as inappropriate in a Chemical Weapons Convention
Conference. The U.S. requested that her speech be published
as a document of the Conference.

11. (U) On November 7, a representative from Hong Kong gave
a brief summary of CWC implementation in the Hong Kong
Special Administrative Region (SAR). A CWC Ordinance was
created in 2003, with enforcement beginning in 2004; Hong
Kong,s initial declaration was submitted through the Chinese
government in 2004. The rep elaborated on the authority
given to customs officials, and the permit and notification
system used to ensure CWC-relevant facilities are declared as
appropriate. Finally, she noted that a Compliance Department
has been established for the Hong Kong SAR and that the CWC
is being fully implemented.

12. (U) On November 7, the Conference noted a report by the
director-General on the implementation of the regime
governing the handling of confidential information by the
Secretariat (EC-48/DG.5 C-12/DG.5, dated 14 February 2007).

SIPDIS

13. (U) The CSP also noted a report by the Director-General
on progress made by States Parties toward fulfilling their
obligation to complete the destruction of their category 1
chemical weapons stockpiles by the extended final deadlines.

14. (u) Despite a series of consultations on Article VII
implementation over several weeks, the consultations under
facilitator Kimmo Laukkanen (Finland) during the week of the
CSP failed to make significant progress. Iran, later joined
by a unified statement from the NAM, questioned whether a
decision was even needed, clearly indicating that agreement
was not going to be possible until progress was made on other
items they saw as higher priorities. When a decision had not
been achieved by the EC session on Friday morning, the EC
Chair proposed sending this directly to the CSP for
consideration. A decision text was negotiated on November 9
that kept to the heart of the guidance and gave the EU and
individual countries what they needed to justify future
voluntary contributions toward national implementation
support efforts. The Conference approved the compromise
decision text Friday evening and took note of a report on the
status of implementation of Article VII (C-12/DG.6, dated 9
October 2007).

---------------
AGENDA ITEM 10
---------------

15. (U) The Conference approved the report of the OPCW on the
implementation of the Convention in 2006 (EC-49/4 C-12/CRP.1,
dated 27 June 2007).

------------------
AGENDA ITEM 11
------------------

16. (U) The Conference noted the report of the Executive
Council on the performance of its activities in the period
from 8 July 2006 to 29 June 2007 (EC-50/3 C-12/3, dated 26
September 2007). EC Chairman Romeo Arguelles (Philippines)
presented an oral report of the Council,s activities since
the report.

--------------------------------------------- --------------
AGENDA ITEM 12 -- ELECTION OF EXECUTIVE COUNCIL MEMBERS
--------------------------------------------- --------------

17. (U) On November 7, members of four of the five regional
groups were elected to the Executive Council to begin in May
2008, as follows:
Asia ) Iran, Kuwait, Pakistan, Sri Lanka

THE HAGUE 00001998 004 OF 009


Eastern Europe ) Former Yugoslavian Republic of Macedonia,
Russian Federation, Slovakia
GRULAC ) Chile, Costa Rica, Cuba, Peru
WEOG ) Australia, Austria, Netherlands, Spain, Sweden.

18. (U) On November 8 after a group meeting lasting until
midnight, the Africa Group officially put forward as their
candidates for the EC: Algeria, Libya, Nigeria and South
Africa. This slate was gaveled through by the CSP Chair
(Sudan). However, Morocco then took the floor to deliver an
impassioned plea, claiming that the vote taken in the Africa
Group was invalid, that Morocco deserved the EC seat, and
that a vote should be taken in the Conference to reverse or
nulligy the decision taken when the gavel fell, and to elect
Morocco to the EC. The OPCW Legal Advisor presented his
opinion that there was no recourse in the CSP procedures to
reverse the decision of the regional group. The meeting
adjourned until the afternoon, when the matter was re-opened.
The Moroccan representative spoke again, arguing that the
regional group,s procedures were illegal since there was no
consensus. The Chair (Sudan) held a procedural vote, in
which the decision was whether or not to uphold the
Conference,s decision in the morning to accept the African
group,s slate of countries. Many delegations were confused
as to what the vote entailed, and there was much discussion
on the margins about the precedent this could set. The vast
majority of delegations present abstained. Of the SPs
voting, twenty voted in favor of upholding the Conference,s
earlier decision to accept the African group,s candidates,
and two voted against.

--------------------------------------------- --
AGENDA ITEM 13 - 2008 PROGRAM AND BUDGET
--------------------------------------------- --

19. (U) The Conference adopted the OPCW Draft Program and
Budget for 2008 (C-12/DEC/CRP.4, dated 26 October 2007).
The Conference also noted the Medium Term Plan for 2008 to
2010 (C-12/S/1, dated 25 June 2007).

------------------------------------
AGENDA ITEMS 14 - 16
ADMINISTRATIVE AND FINANCIAL MATTERS
------------------------------------

20. (U) The Conference adopted the decision on the Scale of
Assessments for 2008 (C-12/DEC/CRP.2, dated 11 October 2007).


21. (U) The Conference approved the decision on the
adjustment to Argentina,s scale of assessment for 2003
(C-12/DEC/CRP.8, dated 2 November 2007).

22. (U) The Conference noted the External Auditor,s report
on the OPCW financial statements and Provident Fund for 2006
(C-12/DG.2, dated 1 June 2007).

23. (U) The Conference noted the Director General,s note on
the new External Auditor (C-12/DG.9, dated 26 October 2007).

24. (U) Conference noted the DG,s report on OPCW income and
expenditure for the financial year to 30 June 2007.

25. (U) The Conference noted the Note by the DG on the use of
the Working Capital Fund for the financial year to 30
September 2007 (C-12/DG.7, dated 11 October 2007).

26. (U) The Conference approved the multi-year payment plans
proposed by Moldova and Guatemala.

27. (U) The Conference noted the report of the Secretariat on
the status of implementation of agreed multi-year payment
plans.

28. (U) The Conference noted the annual report of the Office
of Internal Oversight for 2006 and the accompanying note by
the DG.

THE HAGUE 00001998 005 OF 009

29. (U) The Conference approved the alignment of OPCW Staff
Regulation 3.2(a) with the corresponding UN Staff Regulation
(C-12/DEC/CRP.3, dated 17 October 2007).

30. (U) The Conference noted the DG,s note on the transfer
of funds between programs in 2006 (C-12/DG.1, 16 February
2007).

--------------------------------------------- ------
AGENDA ITEM 17 - FOSTERING OF INTERNATIONAL COOPERATION
(ARTICLE XI)
--------------------------------------------- ------

31. (U) Much as was the case for Article VII, a series of
consultations on this matter over several weeks did not
produce significant results. However, the consultations
early during the week of the CSP produced marked progress but
failed to reach consensus. In fact, facilitator Li Hong
(China) did not call for further consultations later in the
week, knowing that an agreement on Article VII was the weak
link in the chain of decisions Iran and the NAM had set up.
When a decision had not been achieved by the EC session on
Friday morning, the EC agreed to refer this matter directly
to the CSP for consideration. In the end, a decision text
was negotiated that kept to the heart of U.S. guidance,
calling for continued &intensive8 consultations to develop
&concrete measures8 to ensure the full implementation of
Article XI.

--------------------------------------------
AGENDA ITEM 18 - ENSURING UNIVERSALITY
--------------------------------------------

32. (U) The Conference noted the annual report by the DG on
implementation of the action plan for the universality of the
Convention from 30 September 2006 to 31 August 2007
(C-12/DG.4, dated 14 September 2007). Despite the fact that
a decision on universality should have been relatively
non-controversial, the draft decision was held hostage by the
NAM until agreement was reached on all other outstanding
issues. Negotiations were characterized by a camouflaged
Iranian effort to single out Israel as a State not Party &of
particular concern8 and an equally firm German position
against reference to Israel. The Conference finally approved
late Friday a decision to continue and intensify efforts
toward full universality that avoided that contentious issue,
after the Article VII and XI compromises had been approved.


--------------------------------------------- -------------
AGENDA ITEM 19 - ESTABLISHMENT OF AN OPCW OFFICE IN AFRICA
--------------------------------------------- -------------

33. (U) South Africa requested and the Conference approved
the insertion of report language echoing EC-50,s report that
a new facilitator should be appointed and the Open Ended
Working group re-activated to continue consultations on an
office in Africa.

---------------------------------------------
AGENDA ITEM 20 ) REPORTS OF SUBSIDIARY BODIES
---------------------------------------------

34. (U) German Ambassador Burkart, Chairman of the Committee
of the Whole, reported that the Committee had not met.

35. (U) CSP Chairman Amb. Idris (Sudan) reported on the
General Committee.

36. (U) The Conference noted the report of the Ninth Meeting
of the Commission for the Settlement of Disputes Related to
(CC-9/2, dated 1 June 2007).

37. (U) Credentials Committee Chair Ambassador Rodriguez
Mancia (Guatemala) presented the committee,s report on
November 9 and listed the States Parties for whom credentials

THE HAGUE 00001998 006 OF 009


had been received after the close of the Committee,s
meeting. The Conference noted the Committee,s report
(C-12/4, dated 8 November 2007).

-----------------------------------
AGENDA ITEM 21 - ANY OTHER BUSINESS
-----------------------------------

38. (U) The Conference noted a report by the Committee on
Relations with the Host Country (C-12/HCC.1 dated 11 October
2007).

39. (U) Amb. Lyn Parker (UK) reported to the Conference in
his role as Chair of the Open Ended Working Group for the
Review Conference. He noted that the RevCon is an important
landmark, listed the various topics the Working Group has
already considered in its first round of discussions, and
noted that fifteen national papers and more than thirty
papers from external bodies have already been submitted and
are available on the OPCW external server. He also
highlighted the upcoming NGO forum. Finally, he neatly
sidestepped the issue of the RevCon Chair by explaining that
consultations are ongoing on &the appointment of officers
when the appropriate time comes.8

40. (U) Amb. Maarten Lak (Netherlands) offered thoughts on
capitalizing on the synergy created and strengthened in the
Tenth Anniversary year between the Technical Secretariat,
States Parties, chemical industry, academia, and other
stakeholders. He encouraged further exploitation of avenues
that have been opened through various symposiums and other
events held over the past year. Lak also noted concern that
attendance at the CSP each year is limited by financial
constraints that prevent many smaller SPs from attending, and
that as the host country the Netherlands is considering
funding the travel expenses for two delegates from each of a
number of developing countries next year.

41. (U) Poland requested that a reference be added in report
language to the UN high level meeting on the Tenth
Anniversary of the OPCW held in New York on 27 September
2007.

42. (SBU) Article X. Iran submitted a vague, last-minute
proposal the week before the CSP to establish a network for
the victims of chemical weapons attacks, thus by-passing the
ongoing facilitated consultations and the Executive Council.
When the EC did meet on November 8, Iran added Article X to
the agenda. With the limited time available, and three other
issues under active consultation, the EC was unable to reach
consensus on appropriate report language on Article X and
referred the matter to the CSP. After intensive meetings in
small groups on all the outstanding issues, it became clear
that Article X was the key for Iran to allow consensus on all
the other issues. The Conference late on Friday approved
report language emphasizing the importance of TS readiness to
respond in a timely manner to any request for assistance, and
encouraging future consultations on developing specific
measures for emergency assistance to member states and their
victims of chemical weapons. A number of States Parties
expressed concern in private that the language adopted did
not offer adequate assurance that any efforts would be
forward-looking, i.e. not focused on a retroactive assistance
program for Iran, and agreed that those clear positions will
need to be adhered to in future Article X consultations.

---------------------------------------------
AGENDA ITEM 22 - DATES OF FUTURE CSP SESSIONS
---------------------------------------------

43. (U) The Conference agreed respectively to the following
dates of the Thirteenth through Seventeenth Sessions of the
Conference: 2-5 Dec 2008, 30 Nov ) 4 Dec 2009, 29 Nov ) 3
Dec 2010, 28 Nov ) 2 Dec 2011 and 26 ) 30 Nov 2012. (Del
comment: This should help alleviate the time pressure on
budget negotiations, and allow all of the EC sessions to
occur before the CSP, eliminating this year,s lame duck

THE HAGUE 00001998 007 OF 009


session of the EC.)

---------------------------------------
AGENDA ITEM 23 ) ADOPTION OF THE REPORT
---------------------------------------

44. (U) After much back room deliberation and the final
conclusion of negotiations on Articles VII, XI and X and
Universality, the Conference approved the three decisions and
the report language on Article X. Although inter-dependence
was acknowledged by the Chair, all the decisions and the
report language were gaveled through separately in respect of
the non-linkage principle. The CSP then immediately adopted
the report of its twelfth session.
-----------------------------------
AGENDA ITEM 24 ) CLOSURE OF THE CSP
-----------------------------------

45. (U) The Chairperson closed the Twelfth Session of the CSP
at 2145 hours on 9 November 2007.

--------------------------
SIDE MEETINGS - QUAD LUNCH
--------------------------

46. (SBU) On November 8, German Ambassador Walter Burkart
hosted a lunch for the Close Allies, originally intended to
continue discussions from the October meeting in Berlin (riot
control agents, incapacitants for law enforcement, the
handling of these topics at the RevCon, and industry issues).
However, much of the time was devoted to discussing the
state of play of various issues in the CSP, to include the
rather unexpected Moroccan call that morning for a vote on
the Africa Group,s nomination of EC candidates. Delegations
agreed that abstaining from the vote was probably the only
political solution that would avoid interfering with regional
group affairs. Some time was also spent on Article X and the
Iranian proposal to establish a network for the victims of
chemical warfare, with several delegates voicing concern at
the perceived underlying political intent to assign
retroactive responsibility for compensation to Iranian
victims.

47. (SBU) On the unfinished business from the October 25-26
meeting in Berlin, UK Amb. Parker raised the issue of how the
group might deal with the increasing interest in discussing
&non-lethals,8 riot control agents and incapacitating
agents used for law enforcement at the RevCon. Parker
expressed the UK view that some discussion will be
unavoidable, particularly given the combined interest of
external bodies (as reflected in papers already submitted to
the Working Group), the Scientific Advisory Board, and
certain States Parties. (Del note: Assumption based on
previous positions and recent discussions is that these SPs
include Switzerland, Canada and Australia. End note.) There
was general agreement that one of the most important tasks
will be to limit discussions to terminology used in the CWC,
i.e. to avoid broad generalizations about non-lethals and
drugs as weapons. As in previous discussions, Del reps noted
that the U.S. is continuing to study these issues, but is not
likely to look favorably upon any efforts to articulate or
further clarify CWC provisions on these topics.

48. (SBU) In a private discussion with del reps later, the UK
suggested that perhaps a reference in the RevCon report could
be acceptable if buried under a broader heading such as
&continuing to monitor advances in science and technology,8
or a heading related to toxic chemicals and the General
Purpose Criterion. UK Rep Clive Rowland noted that the UK is
developing its thoughts along two separate tracks - its own
national position on the issues, and how to handle
discussions at the RevCon ) and would greatly appreciate
early discussions on at least the RevCon aspect with the U.S.


49. (SBU) The German delegation raised the prospects for
agreement on Russia,s Facility Agreement and Verification

THE HAGUE 00001998 008 OF 009


Plan for its Maradykovsky facility. German rep Peter
Beerwerth underscored Berlin,s continued concern at current
and future approaches to two-stage destruction processes, by
noting that at Pochep, German experts understand the reaction
mass will be composed of approximately 90 percent precursors.
Amb. Parker also raised the possibility of future accession
to the CWC by other states possessing chemical weapons, and
the fact that assurances of complete destruction could be
even more important in such cases. As in Berlin, there
seemed to be general resignation to the fact that the next
opportunity to apply political pressure would be Russia,s 45
percent deadline in December 2009, and no clear way ahead was
outlined for upcoming sessions of the EC.

50. (SBU) Discussion then turned to the future of the OPCW,
and the need for it to adapt not only to a changing
scientific and technological environment, but also to a
mission that will shift in the coming years from verification
of chemical weapons destruction to verification of industry
and a greater focus on the non-proliferation aspects of the
CWC. France raised the importance of the counter-terrorism
role of the OPCW, and noted that France will be hosting a
seminar on the future of the OPCW early next year.
Delegations agreed to further discussions on this topic, and
to keep the group informed of developing positions on
possible issues facing the RevCon.

--------------------------------------------
BILATERAL MEETING WITH THE LIBYAN DELEGATION
--------------------------------------------

51. (SBU) U.S. reps Robinson, Parker and Lewis met with
Mohadeb Gheton and Dr. Hesnawy of Libya on the margins of the
CSP-12 to discuss the status of Libya,s remaining Trilateral
Steering Coordinating Committee (TSCC) Chemical Subcommittee
issues regarding proliferation sensitive equipment, current
status of the CW destruction contract, and Libya,s request
to amend its approved Rabta Chemical Weapons Production
Facility (CWPF) conversion request. Under the auspices of
the TSCC Chemical Subcommittee, procedures were put into
place to monitor Libya,s progress of dismantling its CW
efforts. During the US-UK team July 2005 visit, Libyan
officials had promised to provide the TSCC Chemical
Subcommittee team an inventory of the dual-use chemical
process equipment that did not meet CWC declaration
requirements. According to Dr. Hesnawy, an inventory list
had already been provided to US officials during the
October-December 2003 timeframe and since the July 2005 team
visit to the former US CW-subcommittee co-chairman. However,
Hesnawy promised to provide the US another copy of the
inventory list through the US delegation in The Hague.
Hesnawy also stated that the dual-use equipment is slated for
production of medicines by the National Pharmaceutical
Company. (NOTE: The March 12, 2005 Agreement Protocols for
CW specifies that any of this &equipment not currently in
use will either be placed into use within three years for
peaceful purposes inside Libya or sold to a final user
mutually agreed by the three parties8 (US/UK/Libya). Libya
still needs to establish a system to account for and track
the disposition of proliferation sensitive CW production
equipment.)

52. (U) U.S. reps asked whether Hesnawy was still in
agreement that the US-UK could revisit the converted CWPFs at
Rabta and the CW defensive laboratory that Col. Othman, the
Head of the Libyan Nuclear and Chemical Defense School is
building; he responded positively. No timeframe for the
visit was discussed.

53. (U) U.S. reps also asked Libyan officials about Libya,s
reasons for withdrawing from the US )Libya contract, the
status of its contract with the new Italian firm S.I.P.S.A.,
and the progress made to date in signing a contract. Libya
explained that there were no issues with the US-Libya
Government-to-Government contract. However, issues became
apparent with the requirements of U.S. laws and
responsibilities imposed by the US Contractor on Libya

THE HAGUE 00001998 009 OF 009


Government regarding indemnification. Dr. Hesnawy stated that
these included Libya,s responsibilities for any accidents
and environmental damages resulting from an accident
occurring from the facility operation. Dr. Hesnawy stated
that he does not expect any technical problems with the
chosen technology. Libya,s Ministry of the Environment
endorses the plant, although a formal signature of approval
has not yet been received. The National Authority has
already &taken ownership8 of the destruction plant site.

54. (U) Although there has not been a contract signing,
letters of intent have been exchanged with the Italian
company, which has already completed plant design, and the
basic engineering design is under review. Libya has been
discussing the draft Facility Agreement and Verification Plan
for the facility since EC-50, and Dr. Hesnawy indicated
initial discussions on the documents may be concluded before
EC-52. Hesnawy also continues to be optimistic in his
projections for the destruction timeline; he estimates that
Mustard will be completed by 2009 and precursors by 2010, a
year ahead of the respective approved extended deadlines. He
also believes preparatory site work could begin as early as
December 2007. When asked for clarification on an earlier
statement that Libya would work with the Swiss branch of the
engineering firm, as opposed to the Italian branch, Hesnawy
stated he did not say that he was working with the Swiss.
Hesnawy clarified his earlier statements by explaining that
Libya will be working through Switzerland due to the
possibility of frequent labor strikes in Italy and to have
access to a more efficient banking system. U.S. reps asked
if Libya will be seeking additional US assistance; Dr.
Hesnawy noted this would only be necessary if there was a
problem in obtaining monitoring equipment from other European
suppliers. (NOTE: In a separate conversation, Dr. Hesnawy
also stated that the Government of Libya is financing the
entire destruction project at a total cost less than the
proposed US-Libya contract approach. The lower cost is based
on Hesnawy,s opinion that S.I.P.S.A. can do the project
based on his design for the destruction facility. He also
clarified that both incineration and neutralization phases
will be operated simultaneously.)

55. (U) Libyan officials plan to submit a note to the
Technical Secretariat requesting a change to the approved
General and Detail Conversion Plans for Rabta Pharmaceutical
Factory 1 and 2 regarding the retention of a &civilized8
sandbag wall. The wall was declared as a special feature of
the former CWPF and requires destruction. Libya is now
seeking US and UK support to retain this feature. Libya
stated that the UK had no initial objections to this proposed
amendment and was seeking similar support from the U.S. The
Libyan delegation provided the U.S. with an initial draft of
the note by the Technical Secretariat entitled &Correction
(sic) to the General and Detailed Plans for Conversion for
the Chemical Weapons Production Facilities Rabta
Pharmaceutical Factory 1 and Rabta Pharmaceutical Factory 2
(dated 2 October 2007), a copy of which is being forwarded to
Washington for review. Hesnawy stated that he was seeking the
views of the U.S. and UK and other States Parties that may
have concerns about the wall. U.S. reps noted that the issue
of the wall will require careful study in Washington, and is
unlikely to receive approval in time for the 51st session of
the Executive Council (27-30 November 2007). Given the fact
that the Secretariat apparently intends to wait for a
guarantee of U.S. and UK support before moving forward, Del
understands that this issue will not be included in the EC-51
agenda. As in previous discussions, Dr. Hesnawy also
referred to the recent TS request to itemize all equipment in
commercial buildings 3 and 4 at Rabta.

56. (U) JAVITS SENDS.
Gallagher

© Scoop Media

 
 
 
World Headlines

 

UN SDG: UN Appoints Twenty Eminent Thinkers To Shed New Light On The World’s Greatest Challenges

New York, 21 January 2021 – Twenty prominent personalities, globally renowned for their intellectual leadership in economic and social fields, will form the second United Nations High-level Advisory Board (HLAB) on Economic and Social Affairs, the ... More>>

UN: As COVID Deaths Pass Two Million Worldwide, Guterres Warns Against Self-Defeating ‘Vaccinationalism'

With more than two million lives now lost worldwide to COVID-19, the UN Secretary-General appealed on Friday for countries to work together and help each other to end the pandemic and save lives. In a video statement , Secretary-General António Guterres ... More>>

World Economic Forum: President Xi Jinping’s Speech At Davos Agenda Is Historic Opportunity For Collaboration

– Chinese President Xi Jinping called for both greater global efforts in the fight against an unprecedented public health crisis and a renewed commitment to multilateral cooperation, in a special address on Monday to business, government and civil society ... More>>

UN: Violent Attempt At US Capitol To ‘overturn’ Election, Shocking And Incendiary

A group of independent UN rights experts released ... More>>