CONDITION (10) (C) ANNUAL REPORT ON COMPLIANCE WITH THE CHEMICAL WEAPONS CONVENTION
This Report is submitted consistent with Condition (10)(C) of the Resolution of Advice and Consent to Ratification of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (CWC). The Convention was ratified by the United States on April 25, 1997, and entered into force (EIF) on April 29, 1997.
Condition (10)(C) provides as follows:
Annual reports on compliance: The President shall submit on January 1 of each year to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a full and complete classified and unclassified report setting forth—
(i) a certification of those countries included in the Intelligence Community’s (IC) Monitoring Strategy, as set forth by the Director of Central Intelligence’s Arms Control Staff and the National Intelligence Council (or any successor document setting forth intelligence priorities in the field of the proliferation of weapons of mass destruction (WMD)) that are determined to be in compliance with the Convention, on a country-by-country basis;
(ii) for those countries not certified pursuant to clause (i), an identification and assessment of all compliance issues arising with regard to adherence of the country to its obligations under the Convention;
(iii) the steps the United States has taken, either unilaterally or in conjunction with another State Party;
(I) to initiate challenge inspections of the noncompliant party with the objective of demonstrating to the international community the act of noncompliance;
(II) to call attention publicly to the activity in question; and
(III) to seek on an urgent basis a meeting at the highest diplomatic level with the noncompliant party with the objective of bringing the noncompliant party into compliance;
(iv) a determination of the military significance and broader security risks arising from any compliance issue identified pursuant to clause (ii); and
(v) a detailed assessment of the responses of the noncompliant party in question to action undertaken by the United States described in clause (iii).
For its part, both as a matter of national policy and as a guide to national policy, the United States undertakes its own independent review – based upon the best available information, including intelligence information – of the compliance of CWC States Parties with their obligations under the Convention. The United States believes that CWC States Parties should be held to their obligations under the CWC, and places a high premium upon their compliance both with specific detailed declaration and implementation provisions (e.g., Articles III, IV, V, and VII) and with the “general obligations” of Article I.
Information and assessments in this report are current as of December 31, 2012. This report highlights new developments since the last Condition (10)(C) Report, and refrains from repeating the content. Albania was certified in compliance in the 2010 Condition (10)(C) Report. In September 2011, Albanian officials notified Embassy Tirana it had discovered a small quantity of Schedule 1 and other toxic chemicals, which the Organization for the Prohibition of Chemical Weapons (OPCW) determined did not need to be declared. The United States concurred in the OPCW’s assessment and, at the request of Albania, sent a team of U.S. destruction experts to destroy the chemicals in July 2012.
The OPCW Technical Secretariat (TS) reported, as of July 27, 2012, that there were:
- Two CWC States Parties that had yet to designate a National Authority: Cape Verde and Timor-Leste.
- Sixty-five CWC States Parties that have not taken administrative measures to control transfers of scheduled chemicals: Afghanistan, Antigua and Barbuda, The Bahamas, Barbados, Belize, Benin, Bhutan, Botswana, Brunei Darussalam, Cameroon, Cape Verde, Central African Republic, Chad, Democratic Republic of the Congo, Republic of Congo, Djibouti, Dominica, Dominican Republic, El Salvador, Equatorial Guinea, Eritrea, Gabon, The Gambia, Grenada, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Iceland, Kenya, Kuwait, Kyrgyzstan, Lebanon, Libya, Malawi, Maldives, Marshall Islands, Micronesia, Mozambique, Namibia, Nauru, Nepal, Nicaragua, Niger, Papua New Guinea, Paraguay, Philippines, Rwanda, San Marino, Sao Tome and Principe, Sierra Leone, Solomon Islands, Suriname, Swaziland, Tanzania, Timor-Leste, Togo, Tonga, Trinidad and Tobago, Turkmenistan, Tuvalu, Vanuatu, Venezuela, and Yemen.
- Twenty other CWC States Parties have partially filled the requirements to control transfers of scheduled chemicals: Cambodia, Chile, Cote d’Ivoire, Ecuador, Georgia, Ghana, Guatemala, Iraq, Jamaica, Jordan, Lao People’s Democratic Republic, Mali, Mongolia, Panama, Samoa, Seychelles, Tajikistan, Uganda, United Arab Emirates, and Zimbabwe.
The TS reported as at June 30, 2012, 11 CWC States Parties had not yet submitted their required initial declarations pursuant to the Convention. Eight CWC States Parties had not yet submitted any initial declarations either under Article III or Article VI: Cape Verde (December 9, 2003), the Congo (February 2, 2008), Guinea-Bissau (July 19, 2008), Haiti (April 23, 2006), Timor-Leste (July 6, 2003), Tonga (July 28, 2003), Tuvalu (March 19, 2004), and Vanuatu (November 15, 2005). Two CWC States Parties—Kiribati and the Solomon Islands – had yet to submit their initial declarations under Article VI; and one, Saint Vincent and the Grenadines, had yet to submit its chemical weapons-related initial declaration pursuant to Article III. The Secretariat is unable to fulfill its verification tasks with regard to these States Parties.
During the reporting period, the Secretariat held bilateral meetings with three of these States Parties – Cape Verde (Technical Assistance Visit October 25-26, 2011), the Congo (Technical Assistance Visit, November 14-18, 2011) and Guinea Bissau (Tenth Regional Meeting of National Authorities in Africa held in Ethiopia, May 22-24, 2012). Representatives from Cape Verde found that the meetings raised awareness among the primary stakeholders, and the Congo representatives found that the visit allowed a number of issues on the outstanding items from the plan of action to be clarified. Guinea Bissau has still not begun its legislative process.
As of December 31, 2011, there were 188 States Parties to the Convention, the last being The Bahamas, which became a State Party on December 20, 2009. Eight other States have neither ratified nor acceded to the CWC (two signatory States, Israel and Myanmar, and six non-signatory States, Angola, Egypt, North Korea, Somalia, South Sudan, and Syria).
This Report addresses additional U.S. compliance issues with four countries: Iran, Iraq, Libya, and the Russian Federation.
Based on available information, the United States cannot certify whether Iran has met its chemical weapons production facility (CWPF) declaration obligations, destroyed its specialized chemical weapons (CW) equipment, transferred CW, or retained an undeclared CW stockpile.
The Convention entered into force for Iran on December 3, 1997. Iran made its initial declaration in three separate submissions (June 1998, January 1999, and March 1999).
The United States does not have sufficient information to be certain that some Iranian facilities are involved in or intentionally retain the capability to produce CW agents, and likewise we possess insufficient information about the disposition of specialized CW equipment used in former CWPFs. The United States also has insufficient information about possible CW activity prior to EIF of the Convention. There are reports that Iran transferred CW munitions to Libya in the late 1980s.
On the margins of OPCW Executive Council (EC) meetings in 2001 and 2004, the United States engaged the Iranian delegation about Iran’s CWC compliance. The outcome of the discussions did not completely resolve any of the issues.
Due to a combination of irregularities in the Iranian declaration and insufficient clarification from Iran, the United States cannot certify:
- that Iran has met its CWPF declaration obligations because of possible CW-capable infrastructure, including the possibility of a clandestine offensive CW production capability dispersed among industrial chemical plants and at military-owned facilities;
- that it has exhaustively declared and destroyed its specialized CW equipment (Iran has probably failed to meet its CWC obligations by failing to declare and destroy some of its specialized CW production equipment);
- that it has not retained an undeclared CW stockpile: and
- that it complied with CWC obligations to declare any CW transfers it may have made to Libya.
The OPCW TS has reported that Iran has fully implemented legislation under Article VII of the CWC that includes measures to control transfers of scheduled chemicals and penal provisions. As part of its obligations under paragraph 4 of Article X of the CWC acknowledging that it had a national protection program, Iran has submitted declarations annually. Iran has also committed to support, by bilateral agreements, as well as through unilateral offers, assistance measures under paragraph 7, Article X.