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 You are in: Under Secretary for Arms Control and International Security >
Bureau of International Security and Nonproliferation (ISN) > Releases > Remarks
> 2005


REMARKS TO THE TENTH SESSION OF THE CONFERENCE OF THE STATES PARTIES TO THE
ORGANIZATION FOR THE PROHIBITION OF CHEMICAL WEAPONS (OPCW)

Peter Lichtenbaum, Assistant Secretary of Commerce for Export Administration,
U.S. Department of Commerce
The Hague, The Netherlands
November 8, 2005



Mr. Chairman, Mr. Director-General, Distinguished Delegates,


Thank you for the opportunity to address the Conference today on a matter of
critical importance. National implementation of CWC requirements is an issue
that equally affects all States Parties and merits the full attention of this
Conference. Possessor states, non-possessor States, States Parties with sizable
chemical industries and those States Parties with small industries all must
fulfill the national implementation obligations established in Article VII.
There are no exceptions or exemptions to this requirement. All States Parties
share this common duty. And since these national measures are the tools by which
States Parties ensure that neither they, nor their citizens, nor anyone on their
territory possesses, stockpiles, or uses chemical weapons, or assists,
encourages, or induces others to do so, there are no States Parties where
fulfilling these obligations is unimportant.


At the time of the First Review Conference approximately two and a half years
ago, the state of Article VII implementation was alarming. Only fifty-five
percent of States Parties had informed the OPCW of the measures they had taken
to implement the CWC. Only about one-quarter of States Parties had adopted
legislation covering all key areas. And approximately one-quarter of States
Parties had yet to establish or designate a National Authority. Those are not
just statistics. They are gaping holes in our collective security net.


In response to this grave situation, the Review Conference drafted a political
declaration stressing in part that national implementation is one of the
essential elements for the effective operation of the Convention. States Parties
committed to make every effort to overcome difficulties and delays to fully meet
their implementation obligations. To achieve the goal of universal, effective
implementation, the Eighth Conference of the States Parties adopted the Plan of
Action Regarding the Implementation of Article VII Obligations. That Plan called
on member states to provide information about the status of their national
implementation; urged them to seek assistance if required; and enjoined both
member states and the Technical Secretariat to provide support, advice, and
assistance. This plan should be viewed as part of a broader framework of efforts
to close the gaps in our collective security, along with Security Council
Resolution 1540 and other initiatives. In this plan, the Conference also
established a two-year deadline for compliance. It agreed to review at its tenth
session the status of implementation and consider and decide on any appropriate
measures to be taken in order to ensure such compliance with Article VII. In our
view, CSP-10 is a real deadline.


The assistance promised in the Action Plan has been forthcoming. The Technical
Secretariat (TS) has provided assistance to States Parties upon request, and
reports that 106 Parties have now received Article VII assistance of some kind.
The TS has also provided us with detailed reporting on the status of
implementation in each State Party. The Technical Secretariat should be
commended for its efforts, as should those States Parties that have requested
assistance.


Individual States Parties also have provided assistance in the past two years,
bilaterally, in small groups, and in conjunction with the Technical Secretariat.
In the past two years, the United States and the government of Romania have
developed and distributed an Implementation Assistance Programme, or I-A-P to
more than 100 States Parties. The IAP is a tool designed for States Parties to
help establish a National Authority and enact administrative measures pursuant
to fulfilling Article VI requirements. Last week, we distributed an updated
version, and will soon be providing foreign-language versions as well. We also
have participated in bilateral, expert-level assistance visits to over a dozen
African, Asian, and Latin American States Parties We are not alone. Many States
Parties have engaged in similar efforts. For example, France and Portugal have
both hosted conferences for Francophone and Lusophone States Parties,
respectively, to assist in drafting legislation. Spain also has traveled with
the Technical Secretariat to central and South America.


Ultimately, however, the key to fulfillment of the Review Conference’s
objectives is that each State Party must take action to remedy shortcomings in
its own Article VII implementation to ensure it is in compliance.


The United States is encouraged by the notable improvement in the number of
States Parties now addressing national implementation shortfalls. While we
recognize that States Parties acceding after 2003 may need more time to become
fully compliant, it is evident that most other States Parties have taken action.
For example: 

 * Since March 2003, twenty States Parties have designated or established a
   National Authority. 
   
   
 * Twenty States Parties have submitted information to the Technical Secretariat
   on the legislation and administrative measures they have adopted to implement
   the Convention. 
   
   
 * Eighteen States Parties enacted legislation covering all key areas in the
   analysis of the Technical Secretariat. 
   
   
 * Furthermore, twenty-six percent of the States Parties that have yet to adopt
   legislation and administrative measures have prepared draft legislation and
   are currently at various stages of enacting it.

Clearly, momentum for national implementation has been building, and results are
being achieved.


These statistics are signs of progress, but they also make clear that we are
still far from the finish line. We cannot celebrate the conclusion of our
implementation efforts at this session of the Conference, but neither can we
simply give up. Instead, we must decide on further, concrete steps to achieve
full and universal compliance with Article VII obligations. It is proper to take
a moment to acknowledge the hard work that has brought the aforementioned
successes, but we also must take decisive action to finish the job. True success
cannot be measured by improved trends in Article VII compliance, but rather one
hundred percent compliance with Article VII by all States Parties.


It is encouraging that approximately one quarter of States Parties without
legislation are in various stages of enacting draft legislation. But it is
unacceptable that seventeen States Parties that signed the treaty over two years
ago have yet to even establish a National Authority, which is the most basic
Article VII obligation. It is just as unacceptable that twenty-one States
Parties have not drafted legislation and submitted it to their legislative
bodies for approval.


This Conference should address both the States Parties that are making good
faith efforts to meet their requirements, and those that have not taken their
commitments seriously. We must also recognize that States Parties acceding after
2003 may need more time to become fully compliant. Our objective should be to
ensure that all these States Parties come into full compliance in the shortest
possible time. These different groups pose different challenges, and different
measures are called for with respect to each group. The Conference should
differentiate between those who have been working to finalize legislation and
administrative measures, and those who have done little or nothing.


Let me be clear. This Conference should strive to provide both appropriate
support, and the necessary impetus for all States Parties to meet their binding
obligations. This benefits all of us –by ensuring equitable implementation of
core treaty requirements, and by closing the gaps in our security.


Mr. Chairman, fellow Delegates,


The Chemical Weapons Convention is a union of obligation and incentive. In
joining the Convention, States Parties commit to meeting their implementation
requirements. In return, States Parties avail themselves of certain benefits
available only to States Parties. Examples include less restricted trade in
Scheduled chemicals, powerful mechanisms to address potential CW-related
security concerns, transparency and nonproliferation assurance with respect to
both chemical weapons and relevant industrial facilities, and the vital security
assurances provided in Article X of the Convention.


The most fundamental benefit of this treaty -- though certainly not the only
benefit -- is increased international security, something that benefits every
State Party. But that benefit can only be fully achieved by universal compliance
with Article VII. For example, many States Parties have a sizable chemical
industry that engages in production, processing or consumption of Scheduled
chemicals. Other States Parties without a large indigenous production capability
trade in Scheduled chemicals and are potential transshipment points through
which Scheduled chemicals pass between destinations. Domestic laws in each State
Party must codify CWC restrictions and prohibitions to mitigate the risk of
these chemicals being used for illicit purposes.


Therefore, it is critical that the Conference take a decision on how to ensure
universal compliance with the Convention. It is critical that this decision
contain not only positive measures of assistance, but clear standards:
timelines, milestones, and consequences where those are warranted. We, also,
need to consider whether states that do not act to meet their commitments should
receive all the benefits outlined in the Convention.

The issue before us is not an administrative matter. It is a security matter,
and a matter of treaty compliance. The credibility of this Convention is on the
line. Adoption of a balanced decision on Article VII compliance is critical to
maintaining a viable, relevant Organization.

Thank you.





  



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