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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