VZCZCXYZ0008
PP RUEHWEB

DE RUEHUNV #0547/01 3381215
ZNR UUUUU ZZH
P 041215Z DEC 09
FM USMISSION UNVIE VIENNA
TO RUEHC/SECSTATE WASHDC PRIORITY 0378
INFO RUEHTV/AMEMBASSY TEL AVIV 0342
RUEKJCS/SECDEF WASHDC
RHEBAAA/DOE WASHDC
RUEKJCS/DOD WASHDC
RUEKJCS/JOINT STAFF WASHDC
RUEAIIA/CIA WASHDC
RHMFIUU/HQ AFTAC PATRICK AFB FL

UNCLAS UNVIE VIENNA 000547 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR ISN/MNSA, VCI/NA, IO/GS, L/ACV 
DOE FOR NN-40 
JCS FOR J5/DDIN 
SECDEF FOR OSD/ISP, ATSH/NCB/NT, DTRA 
 
E.O. 12958: N/A 
TAGS: PARM AORC KTBT
SUBJECT: PC524:  CTBTO 33RD SESSION OF THE PREPARATORY 
COMMISSION, NOV. 16-17, 2009 
 
REF: A) STATE 117711 B) STATE 113019 C) STATE 111527 
 
¶1. (U) Summary.  The 33rd Session of the Preparatory 
Commission of the CTBTO proceeded more smoothly than 
expected.  There was little discussion of the recommendations 
coming to the PrepCom from Working Group B (WGB) and Working 
Group A (WGA), and the PrepCom approved all recommendations 
quickly and expeditiously.  Group and national statements 
featured largely familiar themes.  The G77 and China proposed 
an amendment to the PrepCom rules on observers that would 
allow Palestine to become an observer, but without mentioning 
Palestine by name.  The PrepCom decided to have the PrepCom 
Chair convene consultations on the proposed amendments, with 
a decision to be taken at the June 2010 PrepCom.  We expect 
the Arab Group to call for a vote at the time if there is no 
consensus on a rule which would allow Palestine to become an 
observer, and the Arab group would be likely to win.  Mission 
requests guidance on how to proceed in consultations on 
observers (see para twelve below).  End Summary. 
 
National and Group Statements 
----------------------------- 
 
¶2. (U) The G77 and China called for continual adherence to a 
zero real growth budget, claimed that experience had now 
demonstrated there was no need for more than two meetings per 
year of WGB, and suggested that the PrepCom itself should 
perhaps meet only once a year.  The statement of the 
non-aligned Movement (NAM) focused almost entirely on themes 
from the Nuclear Non-Proliferation Treaty.  Both the NAM and 
the G77 made strong calls for admission of Palestine as an 
observer in the Preparatory Commission. 
 
¶3. (U) The EU and other like-minded groups and countries 
stressed the need for future budgets to be program-based and 
generally encouraged a faster pace of work within the 
organization.  In particular the EU noted the importance of a 
continued steady buildup of the International Monitoring 
System (IMS), the need to certify all installed stations, 
particularly noble gas systems.  The EU called on the 
Provisional Technical Secretariat (PTS) to make clear its 
long-term staffing needs.  Finally, it noted that the 
proposed schedule of meetings for 2010 represented an 
experiment and thus did not set a precedent for future years. 
 The Ambassador delivered the US statement (Ref B), which was 
well-received. 
 
Recommendations of Working Groups A and B 
----------------------------------------- 
 
¶4. (U) The PrepCom approved all recommendations of Working 
Groups A and B, generally with little or no discussion. 
Mission representatives made interventions specified in Ref C 
at appropriate times.  Thus the PrepCom approved the WGB 
recommendations on the action plan for on-site inspections 
and the WGB work plan for 2010.  As for WGA recommendations, 
particularly important were the approval of budgetary 
transfers, the carry-forward of the unspent balance in the 
Capital Investment Fund (CIF), and the adoption of a new 
financial rule to expedite the procurement process.  The 
PrepCom approved the scale of assessments without the 
22-percent cap, but several delegations, notably including 
the Group of Latin American and Caribbean Countries (GRULAC), 
expressed interest in considering such a cap in the 2011 
budget. 
 
2010 Schedule of Meetings 
------------------------- 
 
¶5. (U) The PrepCom approved a schedule of meetings for 2010 
to include two meetings of three-week duration of Working 
Group B in the usual February-March and August-September time 
frame, sessions of Working Group A in June and October, 
PrepCom sessions in June and November, and joint meetings of 
Working Groups A and B in March, June, and August. 
 
-- Preparatory Commission 34th Session 28-29 June 2010 
 
-- Preparatory Commission 35th Session 8-11 November 2010 
 
 
-- Working Group A 37th Session 7 to 9 June 2010 
 
-- Working Group A 38th Session 4 to 6 October 2010 
 
-- Working Group B 34th Session 15 February to 5 March 2010 
 
-- Working Group B 35th Session 16 August to 3 September 2010 
 
-- Joint Meetings of Working Groups A and B on March 1, June 
3-4, and August 30 
 
 
 
Elections 
--------- 
 
¶6. (U) Since the African Group was unable to agree on 
candidates either for the 2010 PrepCom Chair or for the Chair 
of Working Group A, the PrepCom agreed to defer a decision 
until a special session of the PrepCom in March.  The 
Australian ambassador will continue as PrepCom Chair until 
that time.  Mission has heard that Namibia may be willing to 
accept the Chair of the PrepCom  The Namibian ambassador has 
performed very well as chair of the 2009 Commission on 
Narcotic Drugs and is close the the US Mission. 
 
Palestinian Observership 
------------------------ 
 
¶7. (U) In advance of the PrepCom, it was widely feared that 
the G77 and China would once again push hard in support of 
Palestine as an observer in the PrepCom.  Many observers, 
including the PrepCom chair, believed that some in the G77 
would call for a vote on the issue and that the G77 would 
easily win.  The G77 and China had earlier circulated a draft 
for proposed changes in the PrepCom rules concerning 
observers (see para nine below) that would have allowed 
Palestine to observe, without actually mentioning Palestine 
by name.  Egypt and others were expected to raise the issue 
independently of the proposed rule changes. 
 
¶8. (U) In the event, the G77 was content to have the PrepCom 
Chair promise to hold open-ended consultations on the 
proposed rule changes, with a decision expected at the next 
session of the PrepCom in June 2010.  The Egyptian delegation 
was also quite restrained, calling for Palestine to be 
admitted to observer status immediately, but then signaling 
that it, too, was willing to wait until June.  Again there is 
a clear expectation that, one way or another, the June 
PrepCom will admit Palestine as an observer.  If not, a vote 
is very likely. 
 
G77 and China Proposal on rule five of the G77 
--------------------------------------------- - 
 
¶9. (U) Begin text 
 
Rule 5 Observers 
 
¶1. Representatives of the non-signatory States to the CTBT 
may participate in, without taking part in the decision 
making process, meetings of the Commission and its subsidiary 
bodies.  The representatives of such States shall be entitled 
to receive the documents of the Commission and to submit 
written contributions on matters under consideration by the 
Commission.  Costs related to the attendance at such meetings 
shall be borne by that non-signatory State. 
 
¶2. Representatives of the United Nations and other 
inter-governmental organizations shall be entitled to attend 
meetings of the Commission and its subsidiary bodies and 
receive documents of the Commission.  Upon invitation of the 
Commission, or in accordance with an agreement concluded 
between the Commission and the organization concerned, 
written statements may be submitted by the organization to 
the commission for distribution in the meeting.  Costs 
related to the attendance at such meetings or distribution of 
documents shall be borne by the organization concerned. 
 
 
¶3. Representatives of any United Nations specialized agency, 
related organization, intergovernmental organization or 
entity having received a standing invitation to participate 
as an observer in the sessions of the United Nations General 
Assembly may attend meetings of the Commission and receive 
the documents of the Commission.  Costs related to the 
attendance at such meetings shall be borne by the 
organization or entity concerned. 
 
¶4. Any non-governmental organization (NGO) that wishes to 
attend meetings of the Commission may apply to the 
Provisional Technical Secretariat.  Permission to attend will 
be granted upon the decision of the Commission. 
Representatives of such a non-governmental organization shall 
be entitled to attend open meetings of the Commission and to 
receive upon request the documents of the Commission.  Costs 
related to the attendance of such meetings shall be borne by 
NGO concerned. 
 
End text. 
 
Israeli Views 
------------- 
 
¶10. (SBU) The Israeli Ambassador indicated to Mission officer 
after the end of the PrepCom that his government might be 
able to accept an amendment to Rule Five which would allow 
Palestine to observe meetings of the PrepCom, as long as the 
new rule did not mention Palestine by name.  He added that 
Israel would propose its own amendments to the Rules of the 
Preparatory Commission and that its acceptance of the 
proposed changes to Rule Five would also be dependent upon 
PrepCom acceptance of the Israeli amendments. 
 
¶11. (SBU) Proposed Israeli Amendments 
 
Rule 8, Officers and their Terms of Office (new paragraph 
Three of Rule 8) 
 
In case a Geographical Region as defined in the Treaty does 
not elect a Chairman or a Vice Chairman according paragraph 2 
of Rule 8, any member state of the Geographical Region may 
present its candidacy to that position for the PrepCom's 
decision. 
 
New Rule 38 (to replace the current rule 38) 
 
In case a proposal to change the Rules of Procedure does not 
achieve consensus the decision will be deferred to the next 
meeting of the PrepCom and then could be decided in 
accordance with the procedures for decision on matters of 
substance as set forth in Rule 26. 
 
¶12. (SBU) Comment and Action Requested.  Mission requests 
Department guidance on how best to proceed in the proposed 
consultations on Rule Five.  We believe the G77 will be 
willing to accept almost any changes, additions, or 
deletions, as long as the language in paragraph three, which 
would allow Palestine to be an observer, remains in the final 
version.  Mission also requests Department consult closely 
with Israel in the coming months, to see whether Israel is in 
fact willing to consider the new rule in some form, as the 
local ambassador indicated.  Such an approach would be an 
elegant way to defuse an issue that has been an unnecessary 
distraction for the work of the CTBTO --at a time when we 
find ourselves increasingly isolated in our approach. 
Indeed, were we to have a vote today, the US could find 
Australia, New Zealand, Canada, and much of the EU lined up 
against us.  Mission would like to be able to enter 
consultations with a text agreed upon by the EU, Australia, 
Canada, Japan, and other like-minded countries.  All of these 
countries share US concerns about the broad-brush changes in 
the G77 proposal. 
DAVIES