VZCZCXYZ0002
OO RUEHWEB

DE RUEHTC #0876/01 2911648
ZNR UUUUU ZZH
O 171648Z OCT 08
FM AMEMBASSY THE HAGUE
TO RUEHC/SECSTATE WASHDC IMMEDIATE 2116
INFO RUEHBY/AMEMBASSY CANBERRA PRIORITY 2771
RUEAIIA/CIA WASHDC PRIORITY
RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY
RHEBAAA/DEPT OF ENERGY WASHDC PRIORITY
RUEKJCS/SECDEF WASHINGTON DC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RUEKJCS/JOINT STAFF WASHDC PRIORITY
RHMFIUU/DTRA ALEX WASHINGTON DC//OSAC PRIORITY

UNCLAS THE HAGUE 000876 
 
SENSITIVE 
SIPDIS 
 
STATE FOR ISN/CB, VCI/CCA, L/NPV, IO/MPR, 
SECDEF FOR OSD/GSA/CN,CP> 
JOINT STAFF FOR DD PMA-A FOR WTC 
COMMERCE FOR BIS (ROBERTS AND DENYER) 
NSC FOR FLY 
WINPAC FOR WALTER 
 
E.O. 12958: N/A 
TAGS: PARM PREL ETTC CWC
SUBJECT: CWC: AUSTRALIA GROUP, TECHNICAL EXPERTS 
INTERSESSIONAL MEETING, THE HAGUE, OCTOBER 8-9, 2008 
 
REF: STATE 106875 
 
This is CWC-48-08 
 
-------------------- 
SUMMARY AND OVERVIEW 
-------------------- 
 
¶1. (SBU) The Australia Group (AG) held a technical experts 
intersessional implementation meeting in The Hague from 
October 8-9, 2008.  Discussion considered 3 proposals to 
the chemical control list and one proposal for the 
biological control list.  Technical delegations considered 
a number of revisions to these proposals and accepted the 
following revised proposals: 
 
-- Addition of ceramic valves (AG/Mar08/CL/CDN/5 and 
AG/Mar08/CL/GB/32.Rev2) 
-- Ensuring that the toxic gas monitoring system control 
captures critical components (AG/Mar08/CL/GB/31.Rev3) 
-- Export controls of software (AG/Mar08/CL/FIN/4.Rev4) 
-- Updating and clarifying the control of cross 
(tangential) flow filtration equipment (AG/Apr08/CL/USA/15 
and AG/Apr08/CL/GB/33.Rev2) 
 
These proposals will be circulated to the entire Plenary 
under a 60-day silence procedure. 
 
¶2. (SBU) Delegations supported consideration of issues for 
future implementation meetings to include a systematic 
review of the Control Lists.  Delegations recommended 
holding a further Intersessional Implementation  Meeting in 
the March/April 2009 timeframe.  The United Kingdom offered 
to host this meeting. 
 
------------------- 
CHAIRS INTRODUCTION 
------------------- 
 
¶3. (SBU) The Intersessional Implementation Meeting 
considered a number of important proposals addressing gaps, 
potential loopholes, changes in technology and 
opportunities for greater clarity in the language of the AG 
documentation.  The following member states were 
represented: Argentina, Australia, Belgium, Bulgaria, 
Canada, Croatia, Czech Republic, the European Commission, 
Finland, France, Germany, Hungary, Japan, the Republic of 
Korea, the Netherlands, Norway, Romania, Sweden, 
Switzerland, Turkey, Ukraine, and the United Kingdom. 
 
---------------------- 
CHEMICAL CONTROL LISTS 
---------------------- 
 
¶4. (SBU) Addition of ceramic valves (AG/Mar08/CL/CDN/5 and 
AG/Mar08/CL/GB/32) was considered by the delegation. 
Canada provided additional clarity to the definition of 
ceramics in their proposal, suggesting three specific 
ceramics:  silicon carbide, alumina of 99.9 percent or more 
purity, and zirconia.  France proposed that ceramics 
related to pumps and incinerators should be considered 
similarly.  The US, United Kingdom and Australia proposed 
that France submit individual proposals for consideration 
of any additional changes to pumps and incinerators control 
language.  Germany questioned the need to specify a purity 
for zirconia but Canada stated that such a parameter was 
unnecessary.  The delegation unanimously supported Canada's 
revisions.  An additional revision limiting silicon carbide 
to a purity of 80 percent or more was agreed on the 
margins. 
 
¶5. (SBU) Ensuring that the toxic gas monitoring system 
control captures critical components (AG/Mar08/CL/GB/31) 
was considered by the delegation with an intersessional 
revision by the United Kingdom.  Finland suggested the 
addition of software as a possible negotiation of their own 
Qaddition of software as a possible negotiation of their own 
 
software proposal.  Japan provided the delegation with a 
handout clarifying their concerns over controlling 
replaceable sensor cartridges.  The Netherlands stated that 
they have had legal trouble with the phrase "especially 
designed".  The delegation spent considerable time debating 
the terms "specially designed", "attributed to" and 
"dedicated".  Final revised text was agreed to use 
"dedicated", where dedicated was understood to mean 
"committed entirely to a single purpose or device".  The 
proposal was further revised to add control for sensors, 
replaceable sensor cartridges and software. 
 
¶6. (SBU) Export controls of software (AG/Mar08/CL/FIN/4) 
was considered by the delegation.  The delegation generally 
expressed strong support for this proposal which sought 
broad control of software on both biological and chemical 
control lists.  The Netherlands reiterated the need for 
harmonization among export control regimes.  Switzerland 
stated that they already control software for AG items to 
some extent in their legislation.  Canada provided a 
specific case of a commercial explosives and narcotics 
detector that could be upgraded to a CW detector using 
manufacturer software patches.  Australia also provided an 
example of firmware upgrades of handheld detectors that 
could have AG applicability.  The US had the only 
dissenting opinion that software should not be broadly 
applied across the entire biological and chemical control 
lists.  Considerable time was spent debating the issues of 
regime harmonization and technical applicability of 
software control to individual entries.  The delegation 
agreed to add software to the AG Guidelines while limiting 
specific software entry to toxic gas monitoring systems. 
Definitions of software, programs and microprograms were 
added to the AG lists.  The definitions adopted were 
identical to the Wassenaar and MTCR language. The US 
delegation obtained additional guidance from Washington 
prior to accepting these revisions. 
 
------------------------ 
BIOLOGICAL CONTROL LISTS 
------------------------ 
 
¶7. (SBU) Updating and clarifying the control of cross 
(tangential) flow filtration equipment (AG/Apr08/CL/USA/15 
and AG/Apr08/CL/GB/33) was considered by the delegation. 
Japan requested clarity on the definition of "unsuitable 
due to their design" as this relies heavily on 
manufacturer's catalogs or installation certificates from 
the end user.  The US and United Kingdom stated that 
resolution to this issue would be sought intersessionally 
with Japan.  The revised proposal for consideration was 
limited to adding single-use, disposeable cartridges. 
Switzerland supported the single-use issue, but, along with 
Japan, could not support the deletion of the terms "capable 
of being sterilized or disinfected in-situ" at this time. 
France proposed the addition of a 0.5 micron threshold but 
the United Kingdom stated that BW cuts across a broad 
particle range.  Providing a particle size threshold would 
not be appropriate. 
 
--------------------------------------------- 
FUTURE DIRECTION FOR THE COMMON CONTROL LISTS 
QFUTURE DIRECTION FOR THE COMMON CONTROL LISTS 
--------------------------------------------- 
 
¶8. (SBU) Delegations supported consideration of the 
following issues in future Implementation Meetings: 
 
-- A more systematic and incremental review of the Control 
Lists (prioritized by intelligence feeds and science and 
technology developments, and also revisiting previous 
thematic presentations to include synthetic biology). 
 
-- Specific topics worthy of further consideration include: 
nanotechnology (including reaching out to other export 
control regimes), AG implementation in a changed 
information environment (internet era), AG implementation 
 
in a changed economic environment (cost structures and 
drivers), second-hand equipment, and software. 
 
------------------ 
ANY OTHER BUSINESS 
------------------ 
 
¶9. (SBU) Delegations recommended the holding of a further 
Intersessional Implementation Meeting, with March/April 
2009 timing proposed.  The United Kingdom offered to 
host such a meeting. 
 
¶10. (U) Javits sends 
GALLAGHER