VZCZCXRO8047
PP RUEHGA RUEHHA RUEHMT RUEHQU RUEHVC
DE RUEHOT #0037 0151814
ZNR UUUUU ZZH
P 151814Z JAN 09
FM AMEMBASSY OTTAWA
TO RUEHC/SECSTATE WASHDC PRIORITY 8993
INFO RUCNCAN/ALL CANADIAN POSTS COLLECTIVE PRIORITY

UNCLAS OTTAWA 000037 
 
SENSITIVE 
SIPDIS 
 
STATE FOR ISN/CB E. KLIMSON 
 
E.O. 12958: N/A 
TAGS: PARM PREL KTIA CWC CA
SUBJECT: CANADIAN AMENDED LANGUAGE ON CWC CHALLENGE 
INSPECTIONS EXCHANGE OF NOTES 
 
REF: A. 08 OTTAWA 1481 
     ¶B. 08 OTTAWA 1396 
     ¶C. 08 STATE 112672 
     ¶D. 08 OZGA - GHITA-DUMINICA DISCUSSION OF 12/3 
 
¶1.  (SBU) Department of Foreign Affairs and International 
Trade Chemical Weapons Convention (CWC) Senior Adviser Adrian 
Ghita-Duminica told pol/miloff on January 13 that Canada and 
the U.S. are "very close" to agreement on an Exchange of 
Notes on CWC challenge inspections that would integrate U.S. 
personnel into Canadian teams at the sub-team level. 
Ghita-Duminica said that he had drawn from language provided 
by U.S. counterparts (ref d) to draft the revised text in 
para 3 below. 
 
¶2.  (SBU) Ghita-Duminica emphasized, however, that Canada 
would be comfortable with the new language as long as the 
communication channel from the inspection team leader to the 
U.S. representative goes through the Canadian representative, 
and vice versa.  He explained that this was because the 
inspected state party had the "final responsibility" to 
demonstrate compliance per Part X, para 48 of the CWC.  This 
responsibility also led Canada to be "sticky" with respect to 
suggested edits of Section III, Paragraph F, he added. 
 
¶3.  (SBU) Text of Canadian response: 
 
CAN/US EXCHANGE OF NOTES ON PROCEDURES GOVERNING THE CONDUCT 
OF CHALLENGE INSPECTIONS UNDER THE CWC 
 
A meeting was held in The Hague on 3 December 2008 in the 
margins of the 13th Session of the Conference of State 
Parties.  Participants on the CAN side included Mr. James 
Junke, Director IDA: Adrian Ghita-Duminica, Senior Adviser 
CAN, IDA and Don Neill, Defence Scientist CORA, DND.  The USA 
side consisted of Dr. Deborah Ozga, Military Policy Analyst, 
International Negotiations Division, Pentagon and Abigail 
Robinson, US delegation to the OPCW. 
 
As a result of this meeting, a US counterproposal (hard copy 
only) was presented the next day to Candel.  We undertook to 
provide an answer as soon as possible.  In order to take into 
account operational concerns in relation to the opportunity 
for the representatives of the other Participant to observe 
and advise on national security interests during sub-teams 
activities, we propose the following amended text for Section 
III merged paragraphs A, B and C into one paragraph to read 
as follows (changes in brackets): 
 
"Allow the other Participant to send representatives to 
observe and advise the Inspected State Party on any matters 
pertaining to the national security interest of the other 
Participant at all stages of the Challenge Inspection, 
including but not necessarily limited to: point of entry 
procedures, perimeter negotiations, inspection of OPCW 
approved equipment, pre-inspection briefing, conduct of 
inspection, and sampling and analysis and at all levels 
(including sub-team activities)." 
 
The proposal for Section III remains the same, i.e. amend 
paragraph F to read as follows: 
 
"Consult with the other Participant on the employment of 
managed access procedures to its assets" 
 
We also propose to change the title of this document to: 
 
EXCHANGE OF NOTES BETWEEN THE GOVERNMENTS OF THE UNITED 
STATES OF AMERICA AND CANADA ON PROCEDURES GOVERNING THE 
CONDUCT OF CHALLENGE INSPECTIONS UNDER THE CWC 
End Canadian text. 
 
Visit Canada,s Economy and Environment Forum at 
http://www.intelink.gov/communities/state/can ada 
 
WILKINS