VZCZCXRO4139
OO RUEHTRO
DE RUEHC #0774/01 0362052
ZNR UUUUU ZZH
O P 052036Z FEB 09
FM SECSTATE WASHDC
TO RUEHAK/AMEMBASSY ANKARA IMMEDIATE 7038
RUEHBJ/AMEMBASSY BEIJING IMMEDIATE 5587
RUEHHI/AMEMBASSY HANOI IMMEDIATE 8568
RUEHKM/AMEMBASSY KAMPALA IMMEDIATE 5239
RUEHLO/AMEMBASSY LONDON IMMEDIATE 2008
RUEHME/AMEMBASSY MEXICO IMMEDIATE 8443
RUEHMO/AMEMBASSY MOSCOW IMMEDIATE 7494
RUEHOU/AMEMBASSY OUAGADOUGOU IMMEDIATE 8099
RUEHFR/AMEMBASSY PARIS IMMEDIATE 2756
RUEHSJ/AMEMBASSY SAN JOSE IMMEDIATE 0072
RUEHKO/AMEMBASSY TOKYO IMMEDIATE 7649
RUEHVI/AMEMBASSY VIENNA IMMEDIATE 7289
RUEHVB/AMEMBASSY ZAGREB IMMEDIATE 2162
RUEHTRO/AMEMBASSY TRIPOLI IMMEDIATE 5482
RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 4739
INFO RUEHVEN/USMISSION USOSCE PRIORITY 7541
RUEHBS/USEU BRUSSELS PRIORITY
RUEHNO/USMISSION USNATO PRIORITY 4046
RUEHUNV/USMISSION UNVIE VIENNA PRIORITY 4460

UNCLAS SECTION 01 OF 03 STATE 010774 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PARM PREL AORC KPAO PTER UNSC
SUBJECT: DEMARCHE TO SECURITY COUNCIL ON UNSCR 1540 - 
PROGRAM OF WORK (POW) 
 
REF: A. 08 STATE 100866 
     ¶B. 08 LONDON 3041 
     ¶C. USG EDITS TO DRAFT POW 
     ¶D. NONPAPER EXPLAINING NEED FOR ROBUST POW 
 
SENSITIVE BUT UNCLASSIFIED -- PLEASE PROTECT ACCORDINGLY 
 
¶1.  (U) This is an action request.  Bearing in mind para 3 
objectives, USUN and other action addressees are asked to 
deploy para 6 suggested text in combination with REFS C and D 
to delegations and host governments as appropriate in order 
to permit a robust Program of Work (POW) for the UNSCR 1540 
Committee. 
 
¶2.  (U) Background:  UNSC Resolution 1810 requires the 1540 
Committee to adopt a new POW by January 31.  Committee edits 
received January 14 did not meet agreed U.S. objectives from 
mid-2008 (see REF A).  USG revisions to the work program were 
introduced by USUN to the UK, who have the lead, on January 
¶20.  At the time, the United States made clear that objected 
to the January 14 edits as adopting a minimalist position and 
that the work program would not be adopted without the 
inclusion of specific thematic and technical elements that 
would ensure the Committee is capable of taking action 
worldwide on the prevention of WMD proliferation through 
implementation of UNSCR 1540.  Negotiations have continued 
beyond the January 31 deadline and the Committee has agreed 
to an extension until February 20.  End background. 
 
--------------------------------------------- --- 
OBJECTIVES FOR ENGAGING SECURITY COUNCIL MEMBERS 
--------------------------------------------- --- 
 
¶3.  (SBU) In pursuing this request, Washington requests that 
action addressees pursue the following objectives: 
 
-- Demarche host nation and express commitment to securing a 
Program of Work (POW) including the USG-proposed elements. 
Note for Post only:  This was our agreed position as 
coordinated with P3 (see REF B).  End note for Post only. 
 
-- Confirm host nation understanding that the USG edits to 
the January 14 text are the best way forward and are 
reflective of positions expressed by those countries 
interested in technical assistance that 1540 efforts should 
be better coordinated and more inclusive. 
 
-- Confirm host nation acknowledgment that the United States 
will seek further extension if an agreement on a POW enabling 
a more robust Committee structure is not reached by the new 
UNSC reporting deadline of February 20. 
 
-- (For USUN, Beijing, and Moscow only) Achieve Chinese and 
Russian co-sponsorship of POW and recognition that the 
current delay is essential to reinforcing the language 
previously introduced and agreed to in UNSCR 1810 -- which P5 
co-sponsored. 
 
¶4.  (U) Reporting deadline:  Action addressees are requested 
to deliver the demarche during the week of February 9 and 
report results NLT February 16, 2009 via front channel cable. 
 
------------------------------- 
ADDITIONAL BACKGROUND FOR POSTS 
------------------------------- 
 
¶5.  (SBU) Washington seeks support for a 1540 Committee POW 
that addresses the following broad priorities ) in 
particular by outlining clear deadlines and working groups to 
 
STATE 00010774  002 OF 003 
 
 
accomplish these objectives ) this is Annex A to the POW. 
 
Priority 1: Developing useful information to identify gaps in 
laws. The Committee should be more than a collection box of 
information.  A key requirement for the Committee should be 
to undertake assessments of the reports submitted, identify 
gaps in states, capacities as well as any pattern of 
deficiencies among states and across regions, and begin to 
prioritize steps that States should take to meet their 
commitments.  While these would not be binding 
recommendations, they could help shape states, approaches to 
implementing the resolution's requirements and focus the 
Experts.  This kind of analysis would be of use to potential 
donors in assessing where funding is needed and in planning 
assistance programs. 
 
Priority 2: Outlining regional and state-specific assistance 
priorities for stemming proliferation activity.  Given the 
Committee's work, it is uniquely situated to make assessments 
regarding regions or states most in need of assistance 
programs because their legal and regulatory controls are 
particularly lacking or there is greater proliferation 
activity in their region or territory.  Committee assessments 
are not binding, but could provide useful input for donors to 
consider in making assistance decisions. 
 
Priority 3: Assisting in the coordination of assistance 
requests so that donor states can work together to help 
states implement their 1540 obligations.  While donors 
continue to make their own decisions regarding whether and 
how to provide assistance to states to implement their 
obligations under 1540, there is much the Committee can do to 
help donors coordinate on possible projects and help focus 
donors on priority gaps.  The Committee could convene and 
chair meetings in which donor countries discuss their 
on-going assistance, highlight perceived gaps in aid, and 
share information or assessments regarding assistance. 
 
--------------------------------------------- - 
TEXT OF PAPER TO SC MEMBERS FOR POSTS AND USUN 
--------------------------------------------- - 
 
¶6.  (U) Begin text. (Note. Posts should also attach REFS C 
and D emailed to Post.  End note.) 
 
UN Security Council Resolution (UNSCR) 1540 (2004) imposes 
obligations on all states to establish domestic controls to 
prevent the proliferation of nuclear, chemical, and 
biological weapons, and their means of delivery.  Resolution 
1540 is an unprecedented initiative that bears great promise. 
 The 1540 Committee is beginning to carry out its new mandate 
contained in UN Security Council Resolution 1810 (2008) to 
further states, implementation of resolution 1540.  We were 
surprised and disappointed that the latest revision of the 
1540 Committee's Program of Work advocated few new ideas 
reflective of UNSCR 1810,s call to intensify Committee 
efforts for full implementation by all states. 
 
The 1540 Committee's Program of work should highlight the 
importance of capacity building and a strengthened Committee. 
 The edited text we support does this, and also reflects 
positions expressed by reporting countries that a better 
coordinated and more inclusive approach is needed.  This 
forward-looking approach is consistent with the commitments 
made in UNSCR 1810 as co-sponsored by the P5 and Croatia.  We 
do not believe the POW as tabled on January 14 is sufficient, 
especially given growing and widespread international 
interest in implementing UNSCR 1540 through assistance and 
regional cooperation.  The tasks in the POW should be a voice 
of encouragement to non-Security Council members and 
international groups working actively to support the 
resolution's implementation. 
 
The Committee should work with states as a clearinghouse on 
 
STATE 00010774  003 OF 003 
 
 
assistance (using the information it has collected from 
states), and then set about the work of promoting capacity 
building.  It is specifically for these reasons we are 
seeking an open, transparent process (such as "caucus" 
meetings) because we believe this would be a way of helping 
states meet their obligations and ensure that the assistance 
programs available have the most widespread availability for 
access. 
 
We have repeatedly said that UNSCR 1540 is about raising the 
bar of standards, and is not about pointing fingers or 
singling out non-compliant states.  We have fundamental 
agreement on the need to address nonproliferation seriously. 
We look for you to join us in supporting strong action on 
UNSCR 1540, commensurate with the rhetorical support our 
countries have given to the Resolution.  We look forward to 
discussing with you at the earliest opportunity the revisions 
in the attached draft and the accompanying paper that 
outlines our thoughts on why these elements are important. 
 
End draft demarche text. 
 
---------------- 
POINT OF CONTACT 
---------------- 
 
¶7. (U) Further questions or information on UNSCR 1540 can be 
directed to Tom Wuchte, U.S. 1540 Coordinator.  Washington 
appreciates Posts' assistance. 
CLINTON