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Viewing cable 09STATE105819, CWC: GUIDANCE FOR THE 58th SESSION OF THE OPCW

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Reference ID Created Released Classification Origin
09STATE105819 2009-10-10 00:26 2011-08-30 01:44 UNCLASSIFIED Secretary of State
VZCZCXYZ0002
OO RUEHWEB

DE RUEHC #5819 2830051
ZNR UUUUU ZZH
O R 100026Z OCT 09
FM SECSTATE WASHDC
TO RUEHTC/AMEMBASSY THE HAGUE IMMEDIATE 0000
INFO RUEHGB/AMEMBASSY BAGHDAD 0000
UNCLAS STATE 105819 
 
SIPDIS, THE HAGUE FOR CWC DEL 
 
E.O. 12958: N/A 
TAGS: PARM PREL CWC OPCW CBW
SUBJECT: CWC: GUIDANCE FOR THE 58th SESSION OF THE OPCW 
EXECUTIVE COUNCIL (OCTOBER 13-16, 2009) 
 
REFS: 
A) 2009 State 064170 (CWC: Guidance on U.S. CW 
Destruction for Senior-Level Visit, Week of June 22, 
2009), 
B) 2009 State 100809 (U.S. Response to Libyan Papers on 
Two CWC Implementation Issues). 
 
----------------- 
Summary/Overview 
----------------- 
 
1.  (U) This document provides guidance for the U.S. 
delegation to the Fifty-eighth Session of the 
Organization for the Prohibition of Chemical Weapons 
(OPCW) Executive Council (EC).  The three significant 
political items on the agenda are: Appointment of a new 
Director-General, the Draft Program and Budget of the 
OPCW for 2010, and Efforts by Iran to ensure that the 
projected U.S. inability to meet the 2012 CW destruction 
deadline remains a political issue.  The agenda is very 
crowded with routine EC business, and South Africa will 
seek to add a new agenda item called "Security and 
Destruction of Chemical Weapons in Situations not 
Foreseen by the CWC." 
 
2.  (U) EC Chair Ambassador Lomanaco (Mexico) will 
likely hold several straw polls in an effort to 
eliminate the weakest candidates and narrow the field to 
perhaps 4 or 5 candidates.  It is not anticipated that 
this EC will be able to make a consensus recommendation 
on a Director-General to the Conference of the States 
Parties (CSP). 
 
3.  (U) The draft 2010 budget is a zero-nominal growth 
budget with few changes from 2009 but opposition by 
China and India to the slight increase in the total 
number of inspections is expected to spark the now 
annual debate on the total number of OCPF industrial 
inspections.  The EC trip report to Pueblo and Umatilla 
and the separate U.S. 90-day report on the status of our 
CW destruction activities will provide Iran with a way 
to raise the 2012 destruction deadline and ensure that 
the issue remains at the forefront of the EC. 
 
4.  (U) U.S. Objectives: 
 
-- Work to ensure that Freeman (UK), Gottwald (Germany), 
and Uzumcu (Turkey) stay in the running as candidates 
for the next Director-General, while working to 
eliminate those with the least support first. Prevent 
support from coalescing around an undesirable candidate; 
 
-- Work to ensure that the EC trip report to Pueblo and 
Umatilla is noted by the EC.  Del should work with the 
EC Chair and other EC members to ensure that Iran 
remains isolated, to the extent possible, in their 
continual quest to make a political issue of the 2012 
deadline. 
 
-- Work to ensure that the draft OPCW budget remains 
zero-nominal growth, has a slight increase in the number 
of OCPF inspections, and is adopted by consensus. 
 
-- Work to ensure better understanding of South African 
intentions, motives and objectives with respect to 
recovered CW.  Del should seek to minimize RSA's ability 
to make this a political issue and keep it off the EC 
agenda. 
 
 
--------------------------------------------- ----------- 
--- 
Agenda Item/Issue 
Paragraphs 
--------------------------------------------- ----------- 
--- 
 
Status of implementation of the Convention (Item 5): 
a.       Conversion of chemical weapons production 
facilities. . . . . . . . . . . . . . . . . . . . 
5-8 
b.       Progress made in meeting revised deadlines for the 
destruction of chemical weapons . . . . . . . . 
9-15 
c.       Supplement to the 2008 Verification Implementation 
Report  . . . . . . . . . . . . . . . . . . . . . 
16 
   d. Status of implementation of Article VII . . . . . 
17 
   e. Status of implementation of Article X . . . . . 
18-20 
   f. Status of implementation of Article XI  . . . . 
21-22 
   g. Progress made in the implementation of the action 
      plan for the universality of the Convention  . 
23-24 
   h. Industry-Cluster issues, including enhancement of 
      OCPF declarations . . . . . . . . . . . . . . . 
25-26 
   i. Timely submission of declarations under Article VI 
of 
      the Convention . . . . . . . . . . . . . . . . . . 
27 
   j. Technical arrangement between the Technical 
      Secretariat and designated laboratories concerning 
      the procedures for off-site analysis of samples 
and 
      for adherence to the requirements of the OPCW 
      Confidentiality Regime . . . . . . . . . . . . . . 
28 
   k. Report by the Director-General on the readiness of 
      the Technical Secretariat to conduct a challenge 
      inspection . . . . . . . . . . . . . . . . . . . . 
29 
OPCW's Central Analytical Database (Item 6):  . . . . 
30-31 
Administrative and Financial Matters (Item 7): 
a.       Draft Program and Budget of the OPCW for 2010, and 
all items pertaining to this Budget.  .  . . . 
32-33 
b.       OPCW income and expenditure for the financial year 
to 30 June 2009; and the cash situation and the 
use of the Working Capital Fund for the financial 
year to 
31 August 2009. . . . . . . . . . . . . . . . . 
34-36 
c.       Status of implementation by States Parties of 
agreed multi-year payment plans to regularize the 
payment of their outstanding annual contributions 
. . . . . . 37 
d.       Report on the implementation of the policy on 
tenure in 2008 . . . . . . . . . . . . . . . . . . 
. . .  38 
   e. Adoption of the International Public Sector 
      Accounting Standards (IPSAS) . . . . . . . . . . . 
39 
Report on the implementation in 2009 of the 
recommendations of the External Auditor (Item 8): . . . 
. . . . . . . .  40 
Report on the Advisory Body on Administrative and 
Financial Matters (Item 9):  . . . . . . . . . . . . . . 
. . .  41-43 
Enhancing the interaction between the Scientific 
Advisory Board and States Parties, as well as the 
policy-making organs (Item 10): 
. . . 44 
Draft Report of the Executive Council on the performance 
of its activities (Item 11): . . .. . . . . . . . . . . 
. . 45 
Report by the Committee on Relations with the Host 
Country (Item 12): . . . . . . . . . . . . . . . . . . . 
. . . . 46 
Appointment of the Director-General (Item 13):. . . . 
47-50 
Any other business (Item 14): . . . . . . . . . . . . 
51-54 
 
[Note: Throughout the guidance cable where the EC is 
requested to note a document, the Del may agree to note 
it unless otherwise stated. End Note] 
 
--------------------------------------------- ------- 
Item 5:  Status of implementation of the Convention 
--------------------------------------------- ------- 
 
--5(a):  Conversion of chemical weapons production 
facilities-- 
 
5.  (U) The EC is requested to consider and note a Note 
by the Technical Secretariat (TS) on a proposal for 
general guidelines on the nature of continued 
verification measures at converted chemical weapons 
production facilities (CWPFs) ten years after the 
Director-General's certification of their conversion 
(EC-56/S/3(asterisk), dated 14 April 2009) and to 
approve a draft decision on the matter (EC-57/DEC/CRP.1, 
dated 3 June 2009).  Both items were deferred from EC-57 
based on a UK request and its concerns with the "one 
size fits all" guidelines approach proposed by the TS. 
The UK is continuing to solicit support for this 
position and will likely request further deferral.  We 
agree with the UK that the TS proposal requires further 
consideration and are still reviewing it in Washington. 
 
6.  (U) The EC is requested to consider and note a Note 
by the TS on the update on progress in converting a 
former CWPF for purposes not prohibited under the 
Convention.  The official reference was not available to 
Washington in advance.  However, we do not anticipate 
any problems with this document.  Del should review the 
document upon release to ensure it is consistent with 
typical notes of this nature.  If not problematic, Del 
may join consensus to note the Note. 
 
7.  (U) The EC is requested to note a Note by the TS on 
corrections to the general and detailed plans for 
conversion of the CWPFs Rabta Pharmaceutical Factory 1 
and Rabta Pharmaceutical Factory 2, Rabta, the Libyan 
Arab Jamahiriya (EC-58/S/2, dated 25 September 2009). 
The United States provided Libya with a consolidated 
response to Libyan documents supporting the request for 
corrections to the General and Detailed Plans for 
Conversion of Chemical Weapons Production Facilities 
Rabta 1 and Rabta 2, and for extension of the deadlines 
for destruction of its chemical weapons (Ref. B).  The 
U.S. response included a non-paper defining U.S. 
expectations on both requests for Libya's future 
presentations at the EC.  The United States has no 
substantive concerns regarding the two requests and is 
prepared to support EC agreement to both requests, 
provided that Libya commits to implement fully the 
transparency measures previously defined in the non- 
paper.  No substantive action is required on the Note. 
 
8.  (U) The EC is requested to note the notification of 
changes to the general and detailed plans for the 
conversion of former CWPFs "Rabta 1" and "Rabta 2" (EC- 
58/NAT.6, dated 15 September 2009). No substantive 
action is required. 
 
--5(b):  Progress made in meeting revised deadline for 
the destruction of chemical weapons-- 
 
9.  (U) The EC is requested to consider and note a Note 
by the Director-General on the progress made by those 
States Parties that have been granted extensions of 
deadlines for the destruction of their chemical weapons. 
The official reference was not available to Washington 
in advance.  However, we do not anticipate any problems 
with this document.  Del should review the document upon 
release to ensure it is consistent with typical Notes of 
this nature.  If not problematic, Del may join consensus 
to note the Note. 
 
10.  (U) Further to a decision by the CSP at its 
Eleventh Session (C-11/DEC.15, dated 8 December 2006), 
the EC is requested to consider and note a national 
paper by the Libyan Arab Jamahiriya on the status of its 
destruction activities (EC-58/NAT.4, dated 15 August 
2009).  No substantive action is required. 
 
11.  (U) The EC is requested to consider a request by 
the Libyan Arab Jamahiriya for extension of the 
intermediate and final deadlines for the destruction of 
its Category 1 chemical weapons (EC-58/NAT.5, dated 24 
August 2009), and to approve a recommendation on this 
request for consideration by the CSP at its Fourteenth 
Session (EC-58/DEC/CRP.2, dated 14 September 2009). 
U.S. support for a recommendation for the Category 1 CW 
destruction deadline is linked to Libya fully 
implementing the transparency measures previously 
defined (Ref B).  The U.S. concerns about Libya's lack 
of transparency also have been expressed by other States 
Parties, including the UK, whose delegation is expected 
to engage the Libyan delegation with specific metrics 
for full transparency that parallels the U.S. position. 
Del should not initiate discussion of the need for 
transparency in open debate or in discussions on the 
margins, but as appropriate and in continued private 
coordination with the UK, support the need for full 
transparency on the progress in preparing for CW 
destruction (status of construction of the CW Rabta 
Toxic Chemicals Destruction Facility) and the basis for 
the revised destruction deadlines, as well as on the 
Rabta 1 and Rabta 2 conversion.  Del may join consensus 
to approve a recommendation. 
 
12.  (U) Further to a decision by the CSP at its 
Eleventh Session (C-11/DEC.17, dated 8 December 2006), 
the EC is requested to consider and note a national 
paper by the United States of America on the status of 
its destruction activities (EC-58/NAT.3, dated 17 July 
2009).  No substantive action is required. See paragraph 
13 (below) for additional guidance that Del may deploy 
if necessary. 
 
13.  (U) Further to considering this issue at its 
previous session, the EC is requested to consider and 
note the report on the visit by the EC Chairperson and 
representatives of the EC to the Pueblo Chemical Agent 
Destruction Pilot Plant, Colorado, and to the Umatilla 
Chemical Agent Disposal Facility, Oregon, the United 
States of America (EC-57/12, dated 10 July 2009).  Del 
guidance from EC-57 still applies for any discussion 
during the informals, during the EC, in EC Report 
language, and in any bilateral consultations (Ref A). 
For Del's convenience, the key elements are repeated 
below: 
 
--Articulate a positive message by highlighting the 
successful elements of the U.S. chemical destruction 
program, the U.S. commitment to the CWC, and the Obama 
administration's commitment to examine all possible 
options for accelerating CW destruction; 
--Note that the projected dates for Pueblo and Blue 
Grass represent the current schedule and that the United 
States is actively reviewing options to accelerate our 
destruction activity. 
 
--Avoid any statement that the United States expects to 
violate any of its CWC obligations or has abandoned 
attempts to meet the 2012 deadline; 
--Make clear in consultations that the United States is, 
to the greatest possible extent, committed to proactive 
full disclosure, including schedule and cost data, and 
consultations with other parties; 
--The United States is fully committed to meeting the 
objectives of the CWC, including verified destruction of 
100 percent of its CW stockpile as rapidly as possible; 
--The Obama Administration is fully committed to 
examining all possible options for accelerating CW 
destruction; 
--On April 29, 2012, the United States is currently 
projected to have destroyed approximately ninety-percent 
of its CW stockpile, which means that seven of the 
original nine storage sites will have eliminated all of 
their chemical weapons leaving, under current 
projections, approximately eight percent at Pueblo, and 
approximately two percent at Blue Grass; 
--Since 2006, the United States has found ways to 
accelerate its CW destruction program.  We are exploring 
options to accelerate destruction at Pueblo and Blue 
Grass consistent with all of our CWC obligations, 
including complete destruction, the safety of people, 
and protection of the environment in light of national 
standards, technical limitations, and other requirements 
(e.g., Article IV, paragraph 10). 
 
Del should work with the EC Chair and other key 
delegations to try and ensure that this report is not 
further deferred.  The preferred outcome is for EC-58 to 
"note" the report.  If necessary, Del may accept some 
formulation that the report was "received" or 
"distributed" to Council members if that will remove the 
report from the agenda. 
 
South Africa has re-circulated its report language from 
July on the report of the visit.  Del should ensure that 
all report language adopted for this agenda item is 
fully consistent with guidance in Ref A. 
 
14.  (U) Further to a decision by the CSP at its 
Eleventh Session (C-11/DEC.18, dated 8 December 2006), 
the EC is requested to consider and note a national 
paper by the Russian Federation on the status of its 
destruction activities (EC-58/P/NAT.1, dated 15 July 
2009).  No substantive action is required. 
 
15.  (U) Further to a decision by the EC at its Forty- 
Sixth Session (EC-46/DEC.4, dated 5 July 2006), the EC 
is requested to consider and note a national paper by 
China entitled "Report on the Status of Chemical Weapons 
Abandoned by Japan in China" (EC-58/NAT.1, dated 14 July 
2009).  The EC is also requested to consider and note a 
national paper by Japan entitled "The Report on the 
Current Status of the ACW Projects in China (Report 
Period: from 1 April to 30 June 2009)" (EC-58/NAT.2, 
dated 16 July 2009). 
No substantive action is required. 
 
--5(c):  Supplement to the 2008 Verification 
Implementation Report-- 
 
16.  (U) The EC is requested to consider and note the 
supplement to the 2008 Verification Implementation 
Report (VIR) (EC-58/HP/DG.1, dated 27 August 2009).  The 
EC is also requested to note the comments and views 
received on the 2008 VIR (EC-57/HP/DG.2/Add.1, dated 4 
August 2009), and a second corrigendum to the VIR (EC- 
57/HP/DG.1/Corr.2, dated 16 September 2009)).  No 
substantive action is required. 
 
--5(d): Status of implementation of Article VII-- 
 
17.  (U) Further to a decision by the CSP at its 
Thirteenth Session regarding the implementation of 
Article VII obligations (C-13/DEC.7, dated 5 December 
2008), the EC is requested to note a Note by the 
Director-General on the status of implementation of 
Article VII as at 19 August 2009 (EC-58/DG.5, dated 9 
September 2009) and to submit the report to the CSP at 
its Fourteenth Session, along with its recommendations, 
as appropriate, for consideration.  Del should encourage 
the continued focus on implementation of Article VII and 
may support EC decision language in support of Article 
VII and continued focus on implementation. 
 
--5(e): Status of implementation of Article X-- 
 
18. (U) Further to considering this issue at its 
previous session, the EC is requested to consider and 
note a Note by the TS on the content of the assistance 
and protection data bank and its use (EC-57/S/3, dated 
18 June 2009).  No substantive action is required. 
 
19.  (U) At its Twelfth Session, the CSP requested the 
EC to conduct intensive deliberations to develop 
measures for emergency assistance to Member States 
including with regard to victims of chemical weapons, as 
provided in Article X of the Convention, and to report 
to the CSP at its Thirteenth Session, along with any 
appropriate recommendations (Para. 21.8 of C-12/7, dated 
9 November 2007).  Del should report back any outcomes 
of these deliberations for further discussion in 
Washington, and if necessary, additional guidance will 
be provided. 
 
20.  (U) At its Thirteenth Session, the CSP requested 
the EC to continue further intensive deliberation in 
line with the above-mentioned mandate given to it by the 
CSP at its Twelfth Session, and to report to the CSP at 
its Fourteenth Session (Para. 17.3 of C-13/5, dated 5 
December 2008).  No substantive action is required. 
 
--5(f): Status of implementation of Article XI-- 
 
21.  (U) At its Thirteenth Session, the CSP requested 
the EC to continue to work, pursuant to a previous 
decision to intensify consultations at regular intervals 
to develop concrete measures within an agreed framework 
to ensure the full implementation of Article XI, and to 
report back to the CSP at its Fourteenth Session for 
consideration (Para. 17.3 of C-13/5, dated 5 December 
2008). 
 
22.  (U) At its previous session, the EC welcomed the 
appointment of Mr. Chen Kai of China as facilitator on 
this matter, and encouraged him to pursue informal 
consultations at an early date to explore all options to 
identify concrete measures for the full implementation 
of Article XI and to report to the EC at its next 
regular session on the progress made in this regard 
(Para 5.21 of EC-57/16, dated 17 July 2009).  Mr. Chen's 
recent consultation showed a broad consensus among 
States Parties to call for an Article XI workshop.  It 
is expected that the facilitator will introduce a draft 
decision in short and simple language with the intent of 
moving forward with such a workshop in 2010. The details 
are expected to be worked out later.  The Delegation may 
join consensus on the draft language if it believes that 
such a workshop would be a genuine effort in support of 
Article XI and not a thinly veiled effort in order to 
attack the Australia Group or call for the Australia 
Group's abolishment. 
 
--5(g): Progress made in the implementation of the 
action plan for the universality of the Convention-- 
 
23.  (U) The EC at its Twenty-Third Meeting adopted an 
action plan for the universality of the Convention (EC- 
M-23/DEC.3, dated 24 October 2003).  The plan requested 
the Director-General, inter alia, to submit to the CSP 
at its regular sessions an annual report on the 
implementation of the action plan, and to keep the EC 
regularly informed, so that the CSP and the EC may 
review progress and monitor its implementation 
effectively. 
 
24.  (U) The EC is requested to consider and note the 
annual report on the implementation of the action plan 
for the universality of the Convention during the period 
from 19 November 2008 to 11 September 2009 (which is 
being submitted to both the EC and CSP) (EC-58/DG.9 C- 
14/DG.8, dated 29 September 2009). No substantive action 
is required. 
 
--5(h): Industry cluster issues, including enhancement 
of OCPF declarations-- 
 
25.  (U) Further to receiving at its Fifty-third Session 
both a Note by the TS on enhancing information on the 
characteristics of plant sites in other chemical 
production facility (OCPF) declarations (EC-53/S/5, 
dated 17 June 2008) and a Note by the Director-General 
concerning information on the enhancement of OCPF 
declarations (EC-53/DG.11, dated 17 June 2008), and 
having considered both Notes at its previous sessions, 
the EC, which has deferred this item five times, is 
requested to consider them further.  No action is 
required on these two Notes.  There has been no progress 
during the consultations on these two Notes since EC-57 
and they were not on the agenda for the most recent 
Industry Cluster issues consultations (October 6, 2009). 
If needed, Del should draw from previous guidance, 
recent consultations, and the following additional 
points for comments: 
 
-- For the TS Note on proposed requirements for 
additions to declaration information: The United States 
supports the TS in its continuing efforts to focus OCPF 
inspection efforts on sites of most relevance to the 
Convention. However, the information provided by the TS, 
including the information provided for the most recent 
(September 8, 2009) consultations, have not yet 
demonstrated that instituting the proposed changes to 
the declaration regime will provide significant 
benefits. The United States encourages the TS and States 
Parties to continue efforts to ensure that the proposed 
changes have a meaningful, beneficial impact on the 
inspection regime. 
 
-- For the DG Note addressing voluntary actions by the 
TS and States Parties: The United States recognizes that 
some of the States Parties' voluntary actions will yield 
incremental, but undefined, improvements.  The United 
States encourages the TS to work with States Parties to 
provide an assessment of the potential effect of these 
voluntary changes. 
 
-- If raised by others, Del may support a suggestion 
that the TS continue its efforts to better focus OCPF 
inspections by working with States Parties in 
considering alternative approaches to those contained in 
the two Notes. 
 
26.  (U) Further to its consideration of this issue at 
its previous sessions, the EC, which has deferred this 
item three times, is requested to consider further and 
note the report by the Director-General on the 
performance of the modified methodology for the 
selection of OCPFs for inspection (EC-55/DG.8, dated 2 
February 2009).  As appropriate, Del should support 
noting of the report by restating the U.S. position 
that: 
 
-- the report documents a demonstrable change in the 
distribution of numbers of inspections toward States 
Parties with larger numbers of declared sites and an 
increase in the overall percentage of inspections at 
high or medium relevance facilities; 
 
-- the number of inspections appear to be proportional 
to the number of facilities owned by a State Party 
(i.e., a State Party with a high number of declared 
OCPFs can typically expect to receive more OCPF 
inspections than a State Party with only a small number 
of OCPFs; and 
 
-- the United States supports continued implementation 
of the modified methodology through 2009 and a 
reassessment of its impact after that time. 
 
Additionally, Del should state that the United States 
wants to encourage OCPF selection methodology that fully 
implements the provisions of Paragraph 11 of Part IX of 
the Verification Annex to include proposals by States 
Parties. 
 
--5(i): Timely submission of declarations under Article 
VI of the Convention-- 
 
27.  (U) Further to considering this issue at its 
previous sessions, the EC is requested to note a Note by 
the TS on electronic submission of annual declarations 
on past activities as at 31 May 2009 (S/773/2009, dated 
18 June 2009).  No substantive action is required. 
 
--5(j): Technical arrangement between the TS and 
designated laboratories concerning the procedures for 
off-site analysis of samples and for adherence to the 
requirements of the OPCW Confidentiality Regime-- 
 
28.  (U)  Further to considering this issue at its 
previous session, the EC is requested to consider and 
note a Note by the Director-General entitled the 
"Technical Arrangement between the Technical Secretariat 
and Designated Laboratories concerning the Procedures 
for Off-site Analysis of Samples and for Adherence to 
the Requirements of the OPCW Confidentiality Regime" 
(EC-57/DG.5, dated 3 June 2009). No substantive action 
is required though Del may support France (as during EC- 
57) in having this item deferred because the TS has been 
negotiating directly with designated labs on a case-by- 
case basis. 
 
--5(k): Report by the Director-General on the readiness 
of the TS to conduct a challenge inspection-- 
 
29.  (U) The EC is requested to note a Note by the 
Director-General on the update on the TS's readiness to 
conduct a challenge inspection (EC-58/DG.8, dated 28 
September 2009).  No substantive action is required. 
 
----------------------------------------- 
Item 6:  OPCW Central Analytical Database 
----------------------------------------- 
 
30.  (U) Further to considering this issue at its 
previous session, the EC is requested to note a Note by 
the TS on continued inclusion in the OPCW Central 
Analytical Database (OCAD) of analytical data for 
analytical derivatives of scheduled chemicals (EC- 
57/S/1, dated 11 June 2009).  No substantive action is 
required. [Note: Paragraph 4 of the Note explains that 
the analytical derivatives are formed solely by the 
reactions of specific scheduled chemicals with 
derivatizing agents that are a part of the approved 
equipment list.  The resulting derivatives can then be 
analyzed using approved equipment whereas the original 
scheduled chemicals could not be analyzed due to the 
lack of the capabilities of the approved equipment. 
This is a limited, but necessary, analytical function. 
End Note]. 
 
31.  (U) The EC is requested to consider a Note by the 
Director-General on the lists of validated data for 
approval by the EC for inclusion in the OCAD (EC- 
58/DG.4, dated 4 September 2009) and to approve a draft 
decision on the inclusion (ec-58/DEC/CRP.1, dated 10 
September 2009).  Del may join consensus to approve the 
draft decision. 
 
-------------------------------------------- 
Item 7:  Administrative and financial issues 
-------------------------------------------- 
 
--7(a): Draft Program and Budget of the OPCW for 2010, 
and all items pertaining to this Budget-- 
 
32.  (U) At its Fifty-Seventh Session the EC received 
the Draft Program and Budget of the OPCW for 2010 (EC- 
57/CRP.2, dated 7 July 2009), and agreed that 
consultations on it would continue during the 
intersessional period.  In accordance with Article VIII, 
paragraph 32(a), of the Convention, the EC is requested 
to consider the Draft Program and Budget and to transmit 
it, together with its recommendation and any amendments 
it deems appropriate, to the Conference at its 
Fourteenth Session.  Del may join consensus to transmit 
the draft budget to the CSP if it remains a zero-nominal 
growth budget, if the total number of inspections do not 
dip below the 2009 budget levels, and if there are no/no 
major revisions in substance (not including format). 
 
33.  (U) The Medium-Term Plan for the period from 2010 
to 2012 (EC-57/S/8 C-14/S/1, dated 10 July 2009) was 
circulated to the members of the EC along with the Draft 
Program and Budget for 2010. 
 
--7(b): OPCW income and expenditure for the financial 
year to 30 June 2009; and the cash situation and the use 
of the Working Capital Fund for the financial year to 31 
August 2009-- 
 
34.  (U) The EC is requested to consider and forward to 
the CSP at its Fourteenth Session a report by the 
Director-General on OPCW income and expenditure for the 
financial year to 30 June 2009 (EC-58/DG.2, dated 7 
August 2009 and Corr. 1, dated 8 September 2009).  No 
substantive action is required. 
 
35.  (U) The EC is requested to note a report by the 
Director-General on OPCW income and expenditure for the 
financial year to 30 September 2009.  The official 
reference was not available to Washington in advance. 
However, we do not anticipate any problems with this 
document.  Del should review the document upon release 
to ensure it is not problematic.  If not problematic, 
Del may join consensus to note the report. 
 
36.  (U) The EC is also requested to consider and 
forward to the CSP at its Fourteenth Session a Note by 
the Director-General on the cash situation and the use 
of the Working Capital Fund for the financial year 31 
August 2009 (EC-58/DG.6, dated 28 September 2009).  No 
substantive action is required. 
 
 
 
--7(c): Status of implementation by States Parties of 
agreed multi-year payment plans to regularize the 
payment of their outstanding annual contributions-- 
 
37.  (U) Further to a decision of the CSP at its 
Eleventh Session (C-11/DEC.5, dated 7 December 2006), 
the EC is requested to consider and forward to the CSP 
at its Fourteenth Session, a Note by the Director- 
General on the status of implementation by States 
Parties of agreed multi-year payment plans (EC-58/DG.7, 
dated 28 September 2009)).  No substantive action is 
required. 
 
--7(d): Report on the implementation of the policy on 
tenure in 2008-- 
 
38.  (U) Further to considering this issue at its 
previous session, the EC is requested to consider and 
note a report by the Director-General on the 
implementation of the tenure policy in 2008 (EC-57/DG.4, 
dated 3 June 2009).  No substantive action is required. 
 
--7(e): Adoption of the International Public Sector 
Accounting Standards-- 
 
39.  (U) The EC is requested to note a Note by the 
Director-General on the adoption of the International 
Public Sector Accounting Standards (IPSAS) (EC-58/DG.3, 
dated 2 September 2009), and to approve a recommendation 
on it for consideration by the CSP at its Fourteenth 
Session (EC-58/DEC/CRP.3, dated 28 September 2009).  Del 
may join consensus to note the Note and join consensus 
to approve the recommendation to send it to the CSP-14 
for consideration. 
 
--------------------------------------------- ------- 
Item 8:  Report on the implementation in 2009 of the 
recommendations of the External Auditor 
--------------------------------------------- ------- 
 
40.  (U) The EC is requested to note a Note by the TS on 
the status of implementation of the recommendations of 
the External Auditor (EC-58/S/1, dated 27 August 2009). 
No substantive action is required. 
 
--------------------------------------------- ----------- 
-- 
Item 9:  Report of the Advisory Body on Administrative 
and Financial Matters 
--------------------------------------------- ----------- 
-- 
 
41.  (U) The EC is requested to consider and note the 
report of the Twenty-Seventh Session of the Advisory 
Body on Administrative and Financial Matters (ABAF), 
which took place from 31 August to 4 September 2009 
(ABAF-27/1, dated 3 September 2009)), and a Note by the 
Director-General containing comments on the report of 
the ABAF at that session (EC-58/DG.10, dated 1 October 
2009).  No substantive action is required. 
 
42.  (U) The EC is requested to note the resignation of 
Ms. Su-Jun Cho and Mr. Takayuki Kitagawa from the ABAF. 
No substantive action is required. 
 
43.  (U) The EC is requested to note a Note by the TS on 
the nominations for members of the ABAF (EC-58/S/3, 
dated 25 September 2009), and to approve the 
appointments of Mr. Yungjoon Jo and Ms. Sakiko Hayakawa. 
Del may join consensus to approve the appointments. 
 
--------------------------------------------- ----------- 
-- 
Item 10:  Enhancing the interaction between the 
Scientific Advisory Board and States Parties, as well as 
the policy-making organs 
--------------------------------------------- ----------- 
-- 
 
44.  (U) The EC is requested to consider and note a Note 
by the Director-General on possible ways of enhancing 
the interaction between the Scientific Advisory Board 
and States Parties, as well as the policy-making organs, 
making best use of governmental experts (EC-58/DG.1, 
dated 22 July 2009).  No substantive action is required. 
 
--------------------------------------------- ----------- 
-- 
Item 11:  Draft report of the EC on the performance of 
its activities 
--------------------------------------------- ----------- 
-- 
 
45.  (U)  The EC is requested to consider and approve 
its draft report on the performance of its activities in 
the period from 28 June 2008 to 17 July 2009 (EC- 
58/CRP.1, dated 31 July 2009), and to submit it to the 
CSP for consideration at its Fourteenth Session.  Del 
may join consensus to approve the report and submit it 
to the CSP. 
 
--------------------------------------------- ---------- 
Item 12: Report by the Committee on Relations with the 
Host Country 
--------------------------------------------- ---------- 
 
46.  (U) At its Eleventh Session the CSP adopted a 
decision establishing a Committee on Relations with the 
Host Country (C-11/DEC.9, dated 7 December 2006).  The 
EC is requested to consider and note a report by the 
Committee on Relations with the Host Country on the 
performance of its activities in 2009 and to submit it 
to the CSP for consideration at its Fourteenth Session. 
The official reference was not available to Washington 
in advance.  However, we do not anticipate any problems 
with this document.  Del should review the document upon 
release to ensure it is consistent with previous reports 
on this topic.  If not problematic, Del may join 
consensus to note the Note. 
 
--------------------------------------------- 
Item 13:  Appointment of the Director-General 
--------------------------------------------- 
 
47.  (U) At the previous session of the EC, the 
Chairperson encouraged candidates and States Parties' 
representatives to continue to meet after the Fifty- 
Seventh Session of the EC in order to gain a better 
understanding both of the candidates' positions and the 
delegations' expectations. 
 
48.  (U) The EC at the same session noted the 
consultations undertaken by its Chairperson on issues 
related to the appointment of the Director-General and 
encouraged him to continue to carry them out, with the 
aim of reaching consensus on a candidate.  The EC 
welcomed the commitment of the Chairperson to continue 
to engage in such consultations during the 
intersessional period, and requested him to keep 
interested delegations informed regarding the progress 
being made towards reaching consensus on a 
recommendation by the EC at its Fifty-Eighth Session, to 
be submitted to the CSP at its Fourteenth Session, for 
the appointment of a candidate to the position of 
Director-General. 
 
49.  (U) The EC also considered and took note of a 
statement by the Chairperson (EC-57/15, dated 16 July 
2009), containing a road map for the appointment of the 
position of Director-General. 
 
50.  (U) Specific guidance for the Delegation on this 
topic will be provided SepTel. 
 
---------------------------- 
Item 14:  Any Other Business 
---------------------------- 
 
51.  (U) Following the established practice, the EC is 
requested to consider and approve an addendum to the 
report by the Director-General on the credentials of 
representatives of members of the EC (Official Reference 
number).  Del should take note of those States Parties 
(if any) that do not have an accredited EC 
representative.  This would impact on those situations 
requiring the EC to vote.  Del may join consensus to 
approve the addendum to the report. 
 
52.  (U) Security and Destruction of Chemical Weapons in 
Situation not foreseen by the CWC:    South Africa 
proposed that this item be added to the EC-58 agenda 
(EC-58/2, dated 1 October 2009).  It stems from EC-57 
where South Africa expressed concern about the security 
and destruction of chemical weapons in a conflict 
situation involving a non-State Party (e.g., recovered 
CW munitions in Iraq).  Following statements by the 
United States and the UK, the EC (EC-57/16, paragraph 
17) decided to encourage interested States Parties to 
consult on the matter, as appropriate, in a timely 
fashion as an alternative to a more formal structure. 
 
-- South Africa broadly circulated proposed EC-58 report 
language (dated September 29, 2009) that calls for 
establishing an open-ended working group (OEWG) "to 
develop guidelines for the security and destruction of 
chemical weapons that come into possession and/or 
control of a State Party or States Parties in situations 
not foreseen by the CWC, including in conflict 
situations and otherwise." 
 
-- Del should work to prevent this item from being added 
to the EC agenda, including blocking adoption of the 
agenda, if necessary.  This item is not ready for 
discussion before the EC.  In exchange for keeping the 
item off of the agenda, Del may agree to a meeting that 
includes more delegations than the United States, the 
UK, and the RSA (as long as it is not an OEWG).  The 
meeting should have a well-defined set of objectives, a 
draft discussion paper agreed to by the United States, 
the UK and the RSA to better frame the discussion, and a 
clear and defined end-point. 
 
-- Del should seek to coordinate with the UK delegation 
in advance of any meetings on this subject.  In meetings 
with RSA and other interested delegations, Del should 
adhere to the following guidelines: 
        a.) In general, the RSA proposal goes way beyond 
what the United States is willing to consider. 
Proposals or EC report language of potentially unlimited 
scope such as "future situations that are not foreseen 
by the Convention" are too broad and not acceptable. 
        b.) Establishment of an undefined, open-ended OEWG 
is premature and the United States cannot agree to such 
a proposal. 
        c.) Any proposals, language, or report language 
should be limited to munitions recovered from a non- 
State Party under conditions in which hostilities have 
commenced or are imminent. 
        d.) Ideas are welcome on the development of 
guidelines or best practices that are specifically 
tailored for chemical weapons that are recovered in 
areas of conflict (as was the case in Iraq).  Such 
guidelines or best practices could include measures that 
ensure the safety and security of the recovered chemical 
weapons from the battlefield, reasonable timelines for 
reporting such recovered chemical weapons to the OPCW, 
and possible transparency measures demonstrating to the 
extent practical the destruction of the CW (e.g., 
photos, videos, etc.) if such weapons are quickly 
destroyed due to safety and security concerns. 
        e.) The guidelines or any report language should 
not include open-ended situations (such as recovered CW 
from collapsed states, interdiction operations, etc.). 
        f.)  Any proposals, report language, etc., should 
"look forward" and "not backwards."  If delegations 
raise questions on Iraq and question U.S. actions 
regarding recovered munitions, Del may utilize 
previously cleared talking points. 
 
53.  (U) Brazilian Proposal for sub-item 5(b):  Brazil 
has circulated report language on "Progress made in 
meeting revised deadlines for the destruction of 
chemical weapons."  Brazil is seeking report language 
instructing the Chairman to "engage in informal 
consultations with all interested delegations on how and 
when to initiate formal deliberations by the EC about 
the feasibility of the revised deadlines of 2012 being 
met by possessor States, and to report to the EC at its 
next session."  Del should seek to change "formal 
deliberations" to "consultations" or something similar. 
Del should also seek an understanding from Brazil and 
the Chairman that such discussions will not be held in 
2009 (it's too early) and that sometime in mid-2010 may 
be more appropriate.  With these changes, Del may 
support such a proposal. 
 
54.  (U) Donor's Meeting:  The United States is 
interested in having the Iraqis give a presentation on 
their CW-related assistance requirements to the Donor's 
Group at EC-60.  The U.S. should propose inviting the 
Government of Iraq to present at the next Donors Meeting 
in spring 2010.  This should be done at the October 
Donors Meeting to gage interest and solicit support.  On 
the margins, Del should try to determine UK's (or 
another country's) interest in facilitating. 
CLINTON