VZCZCXYZ0017
PP RUEHWEB

DE RUEHC #4247 2531907
ZNR UUUUU ZZH
P 101847Z SEP 09
FM SECSTATE WASHDC
TO RUEHKU/AMEMBASSY KUWAIT PRIORITY 0000
RUEHTC/AMEMBASSY THE HAGUE PRIORITY 0000

UNCLAS STATE 094247 
 
SENSITIVE 
SIPDIS 
THE HAGUE FOR CWC DEL 
 
E.O. 12958: N/A 
TAGS: KTIA PARM PREL CWC CBW OPCW KU
SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC):   FINALIZED 
HOST COUNTRY AGREEMENT WITH KUWAIT ON CHALLENGE INSPECTIONS 
 
¶1.  Action Request in Paragraph 7. 
 
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OBJECTIVES 
---------- 
 
¶2.  Department requests Embassy to pursue the following 
objective: 
 
-- Deliver to the Government of Kuwait the finalized copy of 
a Host Country Agreement (HCA) on the conduct of Chemical 
Weapons Convention (CWC) challenge inspections. 
 
------------------ 
REPORTING DEADLINE 
------------------ 
 
¶3.  Embassy should report results of discussions with Kuwaiti 
officials by NLT September 18, 2009. 
 
 
---------------- 
POINT OF CONTACT 
---------------- 
 
¶4.  Please contact ISN/CB Eugene Klimson at (202) 647-5165 or 
via email (klimsone@state.gov) for any further background 
needed to meet our objective. 
 
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BACKGROUND 
---------- 
 
¶5.  The United States and Kuwait has finalized the 
negotiation of a Host Country Agreement (HCA) on the conduct 
of Chemical Weapons Convention (CWC) challenge inspections. 
 
¶6.  The U.S. Executive Director of the National Authority has 
signed the letter acknowledging the final text and will 
forward the final signed copy by mail to Embassy for delivery 
to the Kuwaiti National Authority.  As a courtesy, the United 
States reprinted the final text at the end of the cable. 
 
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ACTION REQUEST 
-------------- 
 
¶7.  Drawing on the background and talking points, Embassy 
Kuwait is requested to deliver the text of the talking points 
in Paragraph 8 and the letter (with the HCA) in paragraph 9 
to the appropriate Kuwaiti officials and report to Washington 
when the letter has been delivered. 
 
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TALKING POINTS 
-------------- 
 
¶8.  Talking points for delivery: 
 
- The United States Government is very pleased that we have 
been able to complete negotiations on a Chemical Weapons 
Convention (CWC) Host Country Agreement with the Government 
of Kuwait. 
 
- The United States is pleased to inform you that we can 
accept the final changes and we are ready to exchange 
diplomatic letters. 
 
- We believe that this agreement strengthens the commitment 
of our Governments to the CWC and nonproliferation of 
chemical weapons. 
 
- The Host Country Agreement will contribute to ensuring that 
logistics and communications will be conducted in a manner 
that supports the implementation of a challenge inspection. 
 
- We appreciate Kuwait,s constructive approach, efforts, and 
cooperation during the negotiations. 
 
- We look forward to continuing our cooperation with Kuwait 
on the CWC and chemical weapon non-proliferation matters. 
 
End of Talking Points. 
 
-------------- 
TEXT OF LETTER 
-------------- 
 
¶9.  Text for Delivery to Kuwaiti Officials: 
 
H.E. Mr. Jassar A. Al Jassar 
Chairman 
National Committee Charged with the Implementation of the 
Convention on the Prohibition of Chemical Weapons 
Ministry of Defence 
Housing Department 
First Floor 
Kuwait City, Kuwait 
 
Dear Mr. Jassar 
 
I have the honor to refer to the discussions between the 
United States and Kuwait concerning challenge inspections 
under the Convention on the Prohibition of the Development, 
Production, Stockpiling and Use of Chemical Weapons and on 
Their Destruction (CWC). 
 
The United States proposes that a set of arrangements and 
principles for the conduct of challenge inspections under the 
Convention apply to the conduct of any challenge inspection 
in the territory of one Participant in which the assets of 
the other Participant may be within, or in the vicinity of, 
the inspection site. 
 
Nothing in these principles should be interpreted as altering 
in any way any agreements in force between the United States 
and Kuwait.  These principles should be interpreted in a 
manner that is consistent with the Convention and any 
agreements entered into between either Participant and the 
Organization for the Prohibition of Chemical Weapons (OPCW). 
 
In the event there is a conflict between the provisions of 
the Convention or any agreement between either Participant 
and the OPCW and this arrangement, the provisions of the 
Convention or such agreement with the OPCW should take 
precedence. 
 
The arrangements and principles may be amended in writing by 
the United States and Kuwait. 
 
If the principles and arrangements set out in the Annex below 
are acceptable to the Government of Kuwait, I have the honor 
to suggest that this letter and your reply to that effect 
will place on record the understanding of the United States 
and Kuwait in this matter that will come into effect on the 
date of your reply and will remain in effect until 90 days 
after the receipt of notice of termination by either Kuwait 
or the United States. 
 
Yours sincerely, 
 
Robert Mikulak 
United States Department of State 
Bureau of International Security and Nonproliferation 
U.S. National Authority for the Chemical Weapons Convention 
Washington, D.C.  20520 
 
Annex 
 
EXCHANGE OF LETTERS BETWEEN THE GOVERNMENTS OF THE UNITED 
STATES OF AMERICA AND KUWAIT ON PROCEDURES GOVERNING THE 
CONDUCT OF CHALLENGE INSPECTIONS UNDER THE CHEMICAL WEAPONS 
CONVENTION (CWC) 
 
Memorandum of Understanding Between the Government of the 
United States of America and the Government of the State of 
Kuwait Concerning Cooperation on the Conduct of Challenge 
Inspections Pursuant to the Convention on the Prohibition of 
the Development, Production, Stockpiling and Use of Chemical 
Weapons and on Their Destruction. 
 
The Government of the United States of America and the 
Government of the State of Kuwait, hereinafter referred to as 
the &Parties,8 
 
Recognizing that the provisions of this Memorandum of 
Understanding do not infringe upon the sovereignty or 
independence of either state, 
 
Referring to the Convention on the Prohibition of the 
Development, Production, Stockpiling and Use of Chemical 
Weapons and on Their Destruction, 
 
Have agreed on the following arrangements and principles to 
guide the conduct of challenge inspections, which take place 
on the territory of either of their states. 
 
Article I 
 
For the purposes of this Memorandum of Understanding the 
terms mentioned below have the following meanings: 
 
¶1.  &The Convention8 means the Convention on the 
Prohibition of the Development, Production, Stockpiling and 
Use of Chemical Weapons and on Their Destruction, opened for 
signature on January 13th, 1993. 
 
¶2. &OPCW8 means the Organization for the Prohibition of 
Chemical Weapons. 
 
¶3. &Assets8 means any equipment, area, building or location 
owned, operated, occupied by, or under the control of one of 
the Parties. 
 
¶4. &Inspectable area8 means the area that is eligible for 
inspection, and that lies within the requested or final 
perimeter or in the vicinity of the requested final perimeter. 
 
¶5.  &Vessels and Aircraft8 means sovereign vessels and 
aircraft (including warships as defined under customary 
international law as reflected in Article 29 of the 1982 
United Nations Convention on the Law of the Sea, and other 
ships owned or operated by a state and used only for 
government noncommercial service) and state aircraft (as 
referred to in the Convention on International Civil Aviation 
of 1944) used only for government noncommercial service. 
 
Article II 
 
¶1.  These arrangements and principles shall apply to the 
conduct of any challenge inspection which takes place on a 
site in the territory of the State of Kuwait (hereinafter 
referred to as &Kuwait8) in which or near to which any 
assets owned or operated by the United States of America 
(hereinafter referred to as the &United States8) are 
located. 
 
¶2.  These arrangements and principles shall also apply, 
mutatis mutandis, to any challenge inspection which takes 
place on a site in the territory of the United States, in 
which or near to which any assets owned or operated by Kuwait 
are located.  In this event, &Kuwait8 shall take the place 
of the &United States8 and the &United States8 shall take 
the place of &Kuwait8 wherever these expressions occur in 
the articles of this Memorandum of Understanding. 
 
Article III 
 
¶1.  If either Party receives notice from the OPCW of a 
challenge inspection that is to be conducted on the territory 
of Kuwait in which assets owned or operated by the United 
States are located, it shall notify the other Party within 
two hours.  Such notification shall include all of the 
information provided by the OPCW concerning the inspection. 
The other Party shall acknowledge receipt within two hours. 
The acknowledgement of receipt shall confirm receipt of the 
information provided in the notification, as well as provide 
the name and telephone number of any alternative points of 
contact for future transmission of any additional 
information.  Any further information about the inspection 
that becomes available after the initial notification shall 
also be transmitted to the other Party within two hours after 
its receipt. 
 
¶2.  In the event that the Party which received notice of the 
inspection from the OPCW does not receive an acknowledgment 
of receipt from the other Party within the two-hour time 
period, the Party which received notice of the inspection 
from the OPCW shall proceed with preparations for the 
challenge inspection under the Convention, until the other 
Party provides such acknowledgment. 
 
¶3.  The point of contact for notifications to the State of 
Kuwait is the National Committee Charged with the 
Implementation of the Convention on the Prohibition of 
Chemical Weapons, 965-2-483-3351, 965-2-677-7098 and 
965-2-564-1259; fax 965-2-483-6444 and 965-2-562-2789. 
 
¶4.  The point of contact for notifications to the United 
States is the United States Nuclear Risk Reduction Center, 
001 -202-647-9166, fax 202-647-4892 and the United States 
Central Command Joint Operations Center, 001-813-827-3928 and 
fax 001-813-827-6175. 
 
Article IV 
 
The Parties shall consult one another regarding whether to 
accept an observer designated by the requesting State Party 
to the Convention. 
 
Article V 
 
For challenge inspections where the United States is the 
inspected State Party, Kuwait shall seek to provide the 
necessary support to the United States.  It shall facilitate 
the inspection, in order to enable the inspection team to 
carry out its tasks in an effective and timely manner as set 
forth in Section C (Paragraph 19) of Part II of the 
Verification Annex to the Convention. 
 
Article VI 
 
In the event that the Party, which is not the inspected State 
Party, has assets within the inspectable area, that Party may 
send representatives to observe and participate in 
preinspection and inspection activities, and to prepare its 
assets for inspection. 
 
Article VII 
 
¶1.  Both Parties affirm that each retains its full sovereign 
rights with regard to its vessels and aircraft. 
 
¶2.  If one of the Parties is designated as the inspected 
State Party in a challenge inspection, and the inspectable 
area is restricted to a vessel or aircraft owned or operated 
by the other Party, then both Parties shall notify the OPCW 
that this vessel or aircraft is solely under the jurisdiction 
and control of the other Party, and that the governments of 
both Parties consider the other Party to be the inspected 
State Party. 
 
¶3.  If one of the Parties is designated as the inspected 
State Party, and both Parties accept that the other Party 
should be the inspected State Party, then both Parties shall 
consult concerning the possibility of informing the 
Director-General and the Executive Council of the OPCW to 
seek a change in designation. 
 
Article VIII 
 
If an asset owned or operated by the other Party lies within 
the inspectable area, including the 50-meter band, the 
inspected State Party shall consult the other Party regarding 
the final requested perimeter of the inspectable area.  In 
addition, the inspected State Party shall obtain the consent 
of the other Party before: 
 
(i)  Proposing an alternative perimeter that would include an 
asset owned or operated by the other Party within the 
inspectable area that would not have been included under the 
requested perimeter in the original inspection request, or 
 
(ii)  Accepting a final perimeter that would place an asset 
owned or operated by the other Party within the 50-meter band. 
 
Article IX 
 
¶1.  Each Party shall seek to fulfill its obligations under 
the Convention. 
 
¶2.  Both Parties shall coordinate regarding contacts with the 
inspection team.  Neither Party shall disclose information 
concerning assets owned or operated by the other Party, 
without first obtaining the consent of the other Party. 
 
¶3.  The representatives of the inspected State Party shall 
not refer to, nor provide, information on assets belonging to 
the other Party outside the inspectable area without the 
consent of the other Party. 
 
 
Article X 
 
¶1.  Whenever one or more assets of the United States would be 
included, fully or partially, within the inspectable area and 
Kuwait is the inspected State Party, Kuwait shall permit the 
United States to implement the provisions specified in 
Section C of Part X of the Verification Annex to the 
Convention with respect to its assets, and shall permit U.S. 
representatives to accompany the inspection team. 
 
¶2.  Whenever one or more assets of Kuwait would be included, 
fully or partially, within the inspectable area and the 
United States is the inspected State Party, the United States 
shall permit Kuwait to implement the provisions specified in 
Section C of Part X of the Verification Annex to the 
Convention with respect to its assets, and shall permit 
Kuwaiti representatives to accompany the inspection team. 
 
 
Article XI 
 
¶1.  In order to facilitate inspection activities, the United 
States shall send experts from Washington, D.C., and their 
necessary equipment, which may include a mobile laboratory. 
The mobile laboratory will be of assistance in taking samples 
and analysis. 
 
¶2.  Both Parties shall also consult with one another 
periodically regarding personnel, equipment and material 
requirements for hosting or participating in inspections and 
they shall provide appropriate guidance to one another for 
domestic laws, regulations, restrictions or necessary entry 
requirements. 
 
Article XII 
 
Whenever the Host Country is not the inspected State Party, 
the inspected State Party shall permit representatives of the 
Host Country to accompany the inspection team. 
 
Article XIII 
 
¶1.  This Memorandum of Understanding shall be interpreted 
consistently with the Convention, any agreements in place 
between the Parties, and any agreements entered into between 
either Party and the OPCW. 
 
¶2.  In the event of a conflict between the terms of this 
Memorandum of Understanding and the Convention, the 
provisions of the Convention shall take precedence. 
 
Article XIV 
 
The Parties may conduct joint challenge inspection exercises 
in accordance with this Memorandum of Understanding. 
 
Article XV 
 
¶1.  This Memorandum of Understanding shall enter into force 
on the date it is signed. 
 
¶2.  This Memorandum of Understanding may be amended by 
written agreement of the two Parties. 
 
¶3.  This Memorandum shall remain in force unless terminated 
by either Party after giving 180-days written notice to the 
other Party. 
 
Signed in          on the       day of      , 2009 in 
duplicate in English and Arabic languages, both texts being 
equally authentic. 
 
End of text for delivery to Government of Kuwait. 
CLINTON