OPCW

 

 

 

Conference of the States Parties

Second Session

C-II/2*

1 - 5 December 1997

EC-VI/2
 

31 October 1997
 

Original: ENGLISH

DRAFT REPORT of the organisation

on the Implementation of the Convention

(29 APRIL - 28 OCTOBER 1997)

1. INTRODUCTION

1.1 This draft report on the implementation of the Convention covering the period between the entry into force of the Convention and 28 October 1997 is a reflection of the novelty of the OPCW itself. The OPCW came into being part way through a calendar year, as a result of which it was clearly impossible, before the completion of that part year, to submit to the Conference of the States Parties at its Second Session anything more than a truncated report on the part year 29 April to 28 October 1997.

1.2 The Chemical Weapons Convention has broken new ground in the history of disarmament and the elimination of weapons of mass destruction. This in part explains its impressive membership: eighty-seven States were party to the Convention upon its entry into force. Now, 101 States have ratified or acceded and a further 66 have signed the Convention. Thus, in terms of its membership, the Convention is now second only to the Nuclear Non Proliferation Treaty, which, incidentally, had only 47 ratifying States when it entered into force.

1.3 The success of the Convention will be judged primarily by the effectiveness of its verification regime. In this regard it is heartening to be able to report that good progress was registered in the first six months of operations of the OPCW. During the preparatory phase it had been assumed, for budgetary and planning purposes, that only three States - the Russian Federation and the United States of America and one unnamed other - would declare the possession of chemical weapons. In fact, eight States declared either the possession of chemical weapons or a past or present capability to produce them. This list does not include the other declared possessor of chemical weapons, the Russian Federation, which has yet to ratify. Thus, a clearer picture is already emerging about the quantity and location of chemical weapons activities, past and present, in the world - an essential step towards the ultimate goal of eliminating this class of weapon of mass destruction.

 

1.4 The Secretariat continues to receive a steady flow of information from the States Parties in accordance with the requirements of the Convention. While a significant number of States Parties have not yet fulfilled the requirements of the Convention, in whole or in part, the overall picture for a fledgling multilateral organisation which is breaking important new ground in the field of disarmament is a positive one. More detailed information on the level of compliance with the requirements of the Convention is provided elsewhere in this report.

1.5 There has also been good progress in relation to the second pillar of the Convention’s verification system - on-site inspections. The very first OPCW inspection commenced at a facility in the United States of America on 1 June 1997, just over one month after entry into force. By 28 October the number of inspections undertaken was 87, and the OPCW was conducting permanent monitoring of chemical weapons destruction operations at five CW destruction facilities in the United States of America. More than 100 inspections will be completed by the end of 1997.

1.6 The OPCW has also been working hard to actively assist States Parties to implement the Convention at a national level. Their declaration requirements, for example, are extremely complex, and some have experienced difficulty in compiling the requisite information. Nonetheless, as a result of the combined efforts of States Parties and the Secretariat, the momentum has been maintained and the situation as regards national compliance with all provisions of the Convention is continuously improving.

1.7 Another important aspect of the work of the OPCW is the implementation of Article XI of the Convention (economic and technological development). The close interrelationship between disarmament and non-proliferation commitments on the one hand, and free trade and cooperation for peaceful purposes on the other, is reflected in this Article. It is accordingly essential for this careful balance to be preserved as the Convention is implemented. In addition to providing training courses for personnel of National Authorities to facilitate the appropriate and effective implementation of the Convention at a national level, the Secretariat is working on a number of projects and programmes aimed at promoting international cooperation between States Parties in the field of chemical activities for purposes not prohibited under the Convention including the international exchange of scientific and technical information, and chemicals and equipment for the production, processing or use of chemicals for purposes not prohibited under the Convention.

1.8 Another fundamental challenge is the promotion of the universality of the Convention. Already the prognosis is good - four of the five permanent members of the United Nations Security Council are States Parties, and the Convention captures the overwhelming majority of the world’s chemical industry. Some States with capabilities important to the object and purpose of the Convention still remain outside its ambit, and in that regard the ratification of the Convention by the Russian Federation, with 40,000 agent tonnes of chemical weapons, is essential if the Convention is to fulfil its aim of eliminating chemical weapons in a comprehensive manner.

1.9 Ensuring the universality of the Convention is very important to all States Parties and has special relevance to States with serious security concerns.

2. Implementation-related matters

Status of ratifications of and accessions to the Convention

2.1 As of 28 October 1997, 100 States were States Parties to the Convention, and entry into force was pending for one State (see annex 1 to this report).

2.2 As of 28 October, 66 signatory States had not yet ratified the Convention (see annex 2 to this report).

Representation

2.3 As of 28 October, 34 Member States had accredited permanent representatives to the OPCW. An additional 19 Member States had notified the Director-General of the appointment of their permanent representative and will forward formal credentials in due course.

Legislative and administrative measures taken by States Parties

2.4 Article VII, paragraph 5, of the Convention provides that "Each State Party shall inform the Organization of the legislative and administrative measures taken to implement this Convention." Although a number of signatory States during the preparatory phase submitted copies to the Secretariat of their ratification acts, enabling legislation or specific pieces of legislation (acts establishing the National Authority, for example) and draft comprehensive legislation, only a few have notified the Secretariat of approval of their comprehensive legislation by the appropriate decision-making body. Following entry into force of the Convention, formal submissions to the Secretariat under Article VII, paragraph 5, have been received from eleven States Parties. The importance of establishing consistent national legal regimes to implement the Convention should not be overlooked: it will promote a uniform application of the provisions of the Convention domestically and internationally.

Declarations

Receipt and processing of initial declarations under Articles III, VI and X

2.5 The status of submission of initial declarations since the entry into force of the Convention on 29 April 1997 remains problematical. Thirty days after EIF, thirty-three States Parties had provided initial declarations as required by Article III of the Convention. Between 30 May and 28 October 1997, the Secretariat received an additional thirty-five initial declarations, bringing the total number of submitted initial declarations to sixty-eight. However, thirty-two States Parties still had not submitted initial declarations by 28 October. The Secretariat is continuing its efforts to encourage and support States Parties in their presentation of initial declarations and in the effective implementation of the Convention at the national level.

2.6 Thus as of 28 October, 32% of States Parties had not submitted the initial declarations required under Article III of the Convention. Furthermore, a large number of initial declarations submitted by States Parties continued to be incomplete, and thus did not fulfil all the requirements of the Convention. This required States Parties to submit additional information pertaining to their initial declaration either on their own initiative or at the request of the Secretariat. An overview of the content of the initial declarations already provided is contained in annex 3 to this report.

2.7 The Secretariat has continued to provide information from declarations to States Parties which have requested this in accordance with subparagraph 2(b)(i) of the Confidentiality Annex. So far, the Secretariat has continued to provide information from declarations to eight States Parties which have requested such information.

2.8 A general concern remains the sheer volume of data processed and provided to the States Parties. The compilation and photocopying of the data requires a significant allocation of resources which was not foreseen during the preparatory phase, when it was envisaged that this activity would be done electronically using the electronic document management system (EDMS), and when the staffing levels in the areas concerned were determined accordingly. This unforeseen additional burden is imposing a substantial additional workload on the Declarations and Confidentiality Branches in the Verification Division. Another concern is the greatly increased security risk involved in generating and providing such large volumes of classified data in hard copy form. These factors are one more reason to move urgently to resolve the outstanding issues relating to the security environment surrounding the EDMS.

2.9 As of 28 October, the Secretariat had received from a number of States Parties the following notifications required by the Convention within 30 days after entry into force: notification of points of entry for inspection teams (Verification Annex, Part II, paragraph 16); and notifications of standing diplomatic clearance numbers for non-scheduled aircraft (Verification Annex, Part II, paragraph 22). Notifications have also been received from a number of States Parties concerning their National Authorities (Article VII, paragraph 4: notification required at EIF for the State Party), concerning implementing legislation (Article VII, paragraph 5) and, from seventeen States Parties, concerning information on assistance to be provided pursuant to Article X, paragraph 7 (notification required within 180 days after EIF).

2.10 An overview of the status of the declaration information already provided is contained in annex 3 to this report. On 10 October, the Acting Director-General wrote to 97 States Parties to draw to their attention the fact that they had either not provided all the notifications and declarations required under the Convention or that, if they had, such notifications and declarations were incomplete. The Director-General reiterated his concern about the lack of compliance with the requirements of the Convention in this respect. As on previous occasions, he noted that this situation had not yet impacted greatly on the Secretariat’s ability to implement the relevant provisions of the Convention, but that there would clearly be major operational problems if a challenge inspection were to be made against a State Party which had failed to provide the Secretariat with either a notification regarding its point of entry or its standing diplomatic clearance numbers for non-scheduled aircraft. The Director-General therefore urged all States Parties to provide this information as soon as possible.

Confidentiality

2.11 Since the EIF of the Convention, the OPCW has upheld the confidentiality policy adopted by the Conference of the States Parties at its First Session (C-I/DEC.13, dated 16 May 1997). The OPCW Policy on Confidentiality and the administrative directives of the Director-General supporting its implementation lay down a number of obligations, principles, guidelines and working procedures, which constitute the foundation of the confidentiality regime of the Organisation. This regime is being enforced in the most stringent manner throughout the Organisation.

2.12 Each staff member of the Secretariat has signed an individual secrecy agreement, in accordance with the Confidentiality Annex to the Convention. All staff members, particularly those who have been notified to States Parties that they will be granted clearance by the Director-General for access to confidential information, are undergoing training in confidentiality matters.

2.13 As required by the Confidentiality Annex, in order to avoid the unauthorised release of information, inspectors and staff members of the OPCW headquarters are being regularly advised and reminded about security considerations and of the possible penalties that they would incur in the event of improper disclosures. In evaluating the performance of inspectors and any other employees of the Secretariat, the Director-General is giving specific attention to the record of employees regarding the protection of confidential information.

2.14 Pending the introduction of a certified EDMS security-critical network, the Secretariat has processed declarations of States Parties in hard copy format only. The procedures necessary to enable this to be done, although complicated and resource-intensive, have been put in place and are being implemented.

2.15 The Secretariat is using only stand-alone computers with removable hard disks, or laptop computers, to process declaration-related correspondence and/or classified documents containing some declaration data which are needed for the Council or for the purpose of planning for inspections. Removable hard disks and laptop computers are being handled as OPCW Highly Protected documents and are being kept in safes, as required by the OPCW Manual of Confidentiality Procedure. It is the intention of the Secretariat gradually to phase out the use of laptop computers and to replace them with stand-alone computers with removable hard drives for the processing of confidential information in the OPCW headquarters.

2.16 In order to facilitate the implementation of the Convention and to speed up the negotiations on facility agreements between the Secretariat and the States Parties concerned, as well as to reduce the burden on the handling of confidential data, the Director-General wishes to reiterate his appeals addressed to all States Parties:

(a) to provide, in accordance with the requirement of paragraph 4 of the Confidentiality Annex, details regarding their handling of OPCW confidential information made available to States Parties by the Secretariat pursuant to paragraph 2(b)(i) of the Confidentiality Annex;

(b) to consider re-assessing the original classification of or declassifying, as appropriate, their initial declarations, final inspection reports and preliminary findings based on information submitted through those declarations, and the draft facility agreements pertaining to facilities which are subject to OPCW inspections;

(c) to submit all their classified correspondence relating to declarations or final inspection reports to the Confidentiality Branch of the Verification Division, possibly through a hand delivery by an accredited representative, which would greatly assist the efforts of the Secretariat to provide adequate protection to those documents and expedite the processing of confidential information.

Notifications of intended transfers of Schedule 1 chemicals

2.17 States Parties are required, under paragraph 5 of Part VI of the Verification Annex, to notify the Secretariat of any transfer of a Schedule 1 chemical not less than 30 days before any such transfer. Information relating to such transfers is described in annex 4 to this report. During the period between EIF and 28 October 1997, 47 transfers were notified to the Secretariat from either sending States Parties, receiving States Parties, or both. Only five notifications were reported for the same transaction by both senders and receivers (see annex 4 to this report for further details).

2.18 Four (4) Schedule 1 chemicals were notified for transfers: saxitoxin (36), ricin (8), soman (2) and lewisite (1). A total amount of less than 60 milligrams of transferred Schedule 1 chemicals was reported. The quantities involved were very small, and were consistent with the aim of the transfers as stated in the notifications and with the object and purpose of the Convention.

Inspections, facility agreements

2.19 While some problems have arisen , inspections have for the most part been carried out smoothly and with the full cooperation of the inspected States Parties as required by the Convention. An overview of completed and ongoing inspections is contained in annexes 5 and 6 to this report.

2.20 As of 28 October, eighty-six initial inspections had been conducted on the territory of twenty States Parties. The initial inspections of all thirty-four declared chemical weapons production facilities (CWPFs) were conducted within the time frames specified by the Convention (i.e. within 90 - 120 days after EIF). As of the same date, the initial inspections of nineteen declared chemical weapons storage facilities (CWSFs) had been completed, while the initial inspections for the remaining seven declared CWSFs were planned for completion by early November 1997. Although the Secretariat had planned to complete the initial inspections of all declared CW-related facilities, excluding a number of old and abandoned chemical weapons sites, by early November, this may be achieved only by the end of November 1997. In late November 1997, initial inspections of the remaining of old and abandoned chemical weapons sites will start. Continuous monitoring of CW destruction operations was underway at five separate locations.

2.21 Since the entry into force of the Convention, initial inspections have been conducted at twenty-three declared Schedule 1 facilities, and an additional initial inspection is currently in progress. Another initial inspection is being planned for completion by the beginning of November 1997 in order to complete the initial inspections at the twenty-four declared Schedule 1 facilities.

2.22 By 28 October it had become clear that it would not be possible for the Secretariat to accomplish the twin goals of completing the initial inspections of all CW-related and Schedule 1 facilities and of concluding all related facility agreements within 180 days after the entry into force of the Convention, as required by Part III, paragraph 4 of the Verification Annex. Whilst the Secretariat will all but complete the inspection targets, the same cannot be said in relation to the associated facility agreements. This situation has come about as a result of several factors which were examined in detail in subparagraph 7.4 of EC-V/DG.4, dated 24 September 1997, and which may be summarised as follows:

(a) the number of inspectors available to the Secretariat for the conduct of inspection duties is 21% less than the planned figure of 140;

(b) the number of inspectors engaged in continuous monitoring activities at destruction sites at any one time is about the same or slightly higher than that originally envisaged which, when combined with subparagraph 2.22(a) above, means that the number of inspectors available for other inspection duties has fallen by about 30%;

(c) the situation since EIF has been significantly different to the situation envisaged during the preparatory phase. Inspection planning at that time was based on the assumptions that the Russian Federation would be a State Party at EIF and that there would be a bilateral agreement in force between the United States of America and the Russian Federation, which would have permitted substantial savings in OPCW inspection resources;

(d) the "other possessors" have declared CWSFs and CWPFs in significantly greater numbers than was originally envisaged;

(e) inspections in some cases did not get underway in earnest until much later after EIF than originally planned, due to restrictions imposed on the processing of declarations by some State Parties, as well as to cash flow problems and, in some cases, to the requirement to process large volumes of declaration data;

(f) all initial inspections to CW-related facilities (excluding inspections to the remaining old and abandoned chemical weapons facilities) will be completed by the end of November 1997. This result has been possible only by requiring the inspectors and the appropriate headquarters staff to work at a pace which could not be sustained in the longer term;

(g) the substantial workload involved in activities such as evaluating declarations, planning inspections, formulating inspection mandates, finalising inspection reports and assessing the results of inspections, and preparing draft facility agreements and transitional verification arrangements (TVAs), the major portion of which has fallen on a comparatively small number of staff. The situation is particularly acute in relation to the completion of facility agreements; and

(h) it should be remembered that a facility agreement is a bilateral arrangement. The absence of any agreed models for these agreements means that each agreement is subject to detailed bilateral negotiation. This is a slow and time-consuming task which must inevitably result in delays in the completion of these agreements.

2.23 The situation in relation to each type of facility is as follows:

(a) five TVAs for chemical weapons destruction facilities (CWDFs) have been concluded between the Secretariat and the United States of America. Three were approved by the Council at its Third Session, and the remaining two were approved at the Fifth Session of the Council;

(b) a draft facility agreement for a Part IV(B) facility located in Italy has been concluded between the Secretariat and Italy and was submitted to the Council for consideration at its Sixth Session;

(c) the facility agreements for chemical weapons production facilities (CWPFs) are under negotiation with the States Parties concerned;

(d) inspections of chemical weapons storage facilities (CWSFs) will be completed by early November 1997. The related facility agreements will not therefore be completed and sent to inspected States Parties much before 1 December 1997. Inspections to be carried out in old and abandoned chemical weapons storage facilities are being planned;

(e) current planning is that inspections of all Schedule 1 facilities declared thus far will be completed by the beginning of November 1997. Two facility agreements for Schedule 1 facilities, concluded between Australia and Sweden respectively, were submitted to the Council for consideration at its Sixth Session. Work on other facility agreements is ongoing, but none of them has been finalised; and

(f) the inspection of Schedule 2 facilities will commence before the end of the year.

2.24 Finally the Secretariat reiterates the need for guidance on the verification regime to be applied at old/abandoned chemical weapons sites. This need is now becoming pressing, with inspections at old/abandoned chemical weapons sites about to get underway in a sustained fashion and in view of the urgent need to finalise the 1998 programme and budget for the Organisation. The first sites of this kind have already been inspected, and more will be inspected in the near future. Decisions, including decisions on the need for the conclusion of transitional verification arrangements and facility agreements, are required in relation to the future verification regime to be implemented at these and similar sites.

Provision of assistance through the Organisation

2.25 In accordance with subparagraph 7(a) of Article X, three Member States had made contributions to the Voluntary Fund for Assistance as of 22 September 1997 (see annex 9 to this report). Furthermore, as of 28 October, in accordance with subparagraphs 7(a) and (c) of Article X, seventeen Member States had either made or had undertaken to make contributions to the voluntary fund or had made declarations to provide assistance in response to an appeal by the Organisation (see annex 3 to this report). No bilateral agreements under subparagraph 7(b) have so far been concluded.

Courses for personnel of National Authorities

2.26 With the assistance of the Government of Zimbabwe, the Secretariat organised a nine-day course for personnel of National Authorities. The course was held at the Zimbabwe Institute of Public Administration and Management near Harare, Zimbabwe, from 6 to 14 October 1997. The Secretariat will arrange one more such course before the end of 1997 at the Instituut Defensie Leergangen just outside The Hague, the Netherlands, from 3 - 11 November 1997.

The Secretariat website

2.27 The Secretariat continues to maintain an Internet website to provide up-to-date information on the Convention and on implementation matters, primarily for National Authorities, as well as web pages on the various international cooperation programmes. The URL of the website is http://www.opcw.nl/

International cooperation programmes

2.28 Proceeding from the provisions of the Convention, the Secretariat has initiated a number of specific programmes for international cooperation among States Parties, inter alia: programmes related to facilitating cooperation in the chemical field, a fellowship database and programme for interns, facilitation of bilateral cooperation agreements, a chemical technology transfer website, a database of laboratory equipment being sought or offered, a programme to facilitate the improvement of technical competence at national chemical analytical laboratories which are, or intend to be, involved in chemical analyses relevant to the Convention, and the experimental information service. The strengthening of international cooperation is also an important contribution to promoting the universality of the Convention.

3. Relationship with States and international organisations

3.1 On 28 May, the Director-General met briefly with United States Secretary of State, Ms Madeline K. Albright, and received a United States congressional delegation including Senator Gordon Smith, Representative John Mc Hugh, and congressional staff members. The Director-General met with the Secretary of State of Foreign Affairs of Poland, Mr Eugeniusz Wyzner, on 18 August in The Hague. On 10 September a delegation from the State Duma of the Russian Federation, headed by Mr Vladimir P. Lukin, visited the Secretariat and held talks with the Director-General.

3.2 The Director-General also held a number of meetings with officials of the Host Country, making courtesy calls to the Prime Minister of the Netherlands, Mr Willem Kok, and to the Dutch Minister of Foreign Affairs, Mr Hans van Mierlo, on 25 August and 11 September respectively. The Director-General met with the Mayor of The Hague, Mr W. Deetman, on 2 October.

3.3 The Director-General visited the Russian Federation from 17 - 18 September, where he met the Foreign Minister, Mr E.M. Primakov, and other senior officials. He also visited Ukraine on 19 September, and met Mr Kostyantyn Gryshchenko, Deputy Minister of Foreign Affairs. The Director-General visited Romania from
8 to 12 October, and met the Deputy Prime Minister and Minister of Foreign Affairs, H.E. Mr Adrian Severin. From 13 to 22 October, the Director-General met in New York with the representatives of more than 20 signatory and non-signatory States to discuss the Convention and to promote its universality. During his stay in New York, he also called on the president of the United Nations General Assembly, the foreign Minister of Ukraine, H.E. Mr Genády Udovénko and the Secretary-Gebneral of the United Nations, Mr Kofi Annan.

3.4 On 30 September, the Director-General addressed the 41st General Conference of the International Atomic Energy Agency. He presented papers to the Scientific and Technology Committee of the North Atlantic Assembly and to the North Atlantic Assembly’s Defence and Security Committee on 11 October, and addressed the First Committee of the United Nations General Assembly on 16 October.

 

Outreach activities in Brussels

3.5 Visits were received from senior officials of the Secretariat on 13 and 16 June, and on 23 September, during which representatives of different regional groups were briefed on the activities of the OPCW in The Hague. On 14 and 15 October, a Workshop on the National Implementation of the Chemical Weapons Convention was organised by the Secretariat.

Regional seminars on national implementation of the Convention

3.6 The Secretariat held a Regional Seminar on National Implementation of the Chemical Weapons Convention in Libreville, Gabon, from 23 to 24 October 1997. The seminar, which was preceded by a one-day Training Course for Personnel of National Authorities, was attended by a number of officials from the Gabon Government, as well as by representatives of Cameroon, the Central African Republic, Chad, Congo, Equatorial Guinea and Gambia.

Visas and travel documents for OPCW inspectors

3.7 Since the entry into force of the Convention, the Secretariat has acquired 335 visas for 156 inspectors. As of 28 October, the Secretariat had received 147 of the requested 149 United Nations laissez-passers. There have been no problems with any State Party in requesting visas.

4. Management issues

Financial situation

4.1 During the period May to the end of August 1997, the Secretariat experienced a difficult cash flow situation which was caused on the one hand by late payments of assessed contributions and, on the other hand, by the necessity for the Secretariat to set aside funds to meet the obligations of some NLG 11 million arising from the Preparatory Commission and at the same time to pay for non-discretionary expenditure such as salaries, common staff costs, rent, communications and other contractual obligations in the amount of some NLG 5 million per month. However, since the end of August 1997, the cash flow situation has improved markedly.

4.2 During the period under review, the Secretariat received contributions from Member States in the total amount of about NLG 88.9 million, of which about NLG 81 million relate to the 1997 budget and the Working Capital Fund and about NLG 7.9 million to previous years. As a result of these substantial collections, cash reserves increased from NLG 10.2 million as of EIF to NLG 63.8 million as of 20 October. Current cash reserves are more than sufficient to cover the payment of outstanding obligations of some NLG 3 million relating to the Preparatory Commission and to meet the expenditures of the 1997 budget for the remainder of 1997, which are estimated to be in the range of NLG 20 to 25 million. As can be seen from the report on the status of contributions annexed to this report, the collection rate for the financial contributions of the Preparatory Commission relating to the years 1993 to 1997 ranged from 83.2% to 97.8%, and is currently 81.9% for the 1997 OPCW budget. This considerably exceeds the average collection rates of the United Nations, which are normally between 70 and 75%.

4.3 Nevertheless, and in spite of the marked improvement in the collection of annual contributions, 47, or 47% of the 100 States Parties, representing 3.9% of the total assessments, have not yet made any contributions to the 1997 OPCW budget, despite repeated appeals by the Director-General for assessed contributions to be made on a timely basis.

4.4 Annex 7 to this report contains five appendices with information on the financial situation: a statement of income and expenditure and changes in reserves and balances as of 30 September 1997; a report on the status of assessed contributions as of 20 October 1997; a report on the status of appropriations by programme as of 30 September 1997; a report on the status of appropriations by main object of expenditure as of 30 September 1997; and a report on the status of investments as of 20 October 1997. Annexes 8 and 9 contain statements on the status of funds as of 22 October 1997 for the Trust Fund for Media Requirements for the First Session of the Conference of the States Parties and for the Voluntary Fund for Assistance respectively.

Implementation of the 1997 budget

4.5 The status of appropriations by programme and by main object of expenditure as of 30 September 1997 (annex 7, appendixes 3 and 4 of this report) shows that, even after the obligation of salaries and common staff costs in the total amount of NLG 18.4 million for the final quarter of 1997, NLG 44 million or 49% of the budget is still available. One of the main reasons for the underspending of the budget was the precarious financial situation mentioned in subparagraph 4.1 above, which forced the Secretariat to keep expenditure for the period of June to August to an absolute minimum, in order to cover all non-discretionary expenditure until the end of the budget period.

4.6 Now that the cash situation has considerably improved, the Secretariat is making every effort to utilise the budget to the extent possible, especially in the areas of procurement of equipment related to inspection and information systems, and of recruitment to fill current vacancies. As a result, the monthly rate of expenditure has increased from NLG 5.1 million in July to NLG 7.3 million in September, and is expected to further increase to a level of some NLG 8 to 10 million for the remaining three months of the year. Nevertheless, the 1997 budget will have an unspent balance of between NLG 27 to 35 million, depending on the actual rate of expenditure during the last three months of 1997. At least some NLG 14 to 15 million of the unspent budget relate to salaries and common staff costs caused by the late filling of some 60 posts and the deferral of the recruitment of 29 inspector posts from 1997 to 1998 and 1999.

 

External audit of the 1996 and 1997 financial statements

4.7 The 1996 and 1997 financial statements of the Preparatory Commission and the Provident Fund of the Preparatory Commission were audited by the External Auditor, who found no weaknesses or errors considered material to the accuracy, completeness and validity of these statements, and, accordingly, placed an unqualified opinion on them. The reports of the External Auditor and the audited 1996 and 1997 financial statements, together with the comments by the Director-General, were noted by the Council at its Sixth Session and were forwarded to the Conference of the States Parties for consideration at its Second Session.

Liquidator for the Preparatory Commission

4.8 The Government of the Netherlands has offered the services of Mr A.Th.A. Koet, Director of Accounting of the Dutch Ministry of Finance, to act as Liquidator for the Preparatory Commission, at no cost to the OPCW. Mr Koet will prepare the financial statements of the Preparatory Commission and will submit them to the External Auditor by the end of March 1998. He will be present when the final audited financial statements are presented to the Council and the Conference of the States Parties, and will respond to any questions raised by those organs in this connection.

Personnel management

4.9 Just over five months have now elapsed since the new Technical Secretariat came into being. The members of the new management team have settled well into their new functions. The management team is striving to create an environment which is conducive to the growth and development of team work and to the achievement of the goals of the Organisation.

Appointments

4.10 A number of senior appointments have been made since the First Session of the Conference. Following the resignation of the incumbent Director of Administration, Mr Reginald van Raalte of the United States of America was appointed to this post. As of the date of this report, the following additional senior appointments had been made: Mr Deep Chand of India, as Head of the Confidentiality Branch, Mr Kim Il-Hyun of the Republic of Korea, as Head of the Technical Support Branch, and Mr Donato Kiniger-Passigli of Italy as Head of the Media and Public Affairs Branch.

Personnel strength

4.11 Two hundred and seventy positions in the professional and higher categories were authorised in the OPCW 1997 budget. As of 28 October, 211 of these had been filled by staff representing 51 Member States. The regional breakdown of nationalities represented in the professional and higher categories effective 28 October 1997 was as follows: Africa: 9%; Asia: 23%; Eastern Europe: 15%; Latin American and Caribbean: 12%; and WEOG: 41%. A listing of staff of the Secretariat, by nationality, is available from the Secretariat on request. An up-to-date organisational chart reflecting the current structure of the organisation, as well as the current nomenclature, is at annex 10 to this report.

4.12 The number of women staff members in the professional and higher categories remains low at 34, or 16% of the staff in this category. Qualified women candidates are encouraged to apply for professional positions in the Secretariat.

Recruitment

4.13 Since the conclusion of the First Session of the Conference of the States Parties, the Secretariat has advertised 123 posts in the professional and higher categories - 90 inspector and inspection assistant trainees for Training Group B, and 33 Headquarters posts. A large number of posts in the General Services category have also been advertised. The filling of the vacant headquarters posts is continuing. As of 20 October, training contracts had been offered to 69 inspector and inspection assistant trainees.

Transfer of the Training Branch to the Administration Division

4.14 During the period under review, the Training Branch was moved from the Verification Division to the Administration Division, and was renamed the Training and Staff Development Branch. The task of this new Branch is to manage all training activities for inspector trainees, existing inspectors, and also for other staff members. The new Branch has also been requested to establish a policy and an action plan for staff development, a critical aspect of attracting and retaining competent staff in the Organisation.

Training Group A

4.15 The Training Branch organised, supervised and participated in the last phase of Training Group A, Module 3 on-site trial inspection, in the countries offering facilities (China, the Czech Republic, Germany, Italy, Japan, Romania, and the Slovak Republic). One hundred and thirty-five trainees successfully concluded the 20-week training: 111 from ratifying States, who were recruited as OPCW inspector/inspection assistants, and 24 from non-ratifying States.

Recruitment of Inspectorate candidates for Training Group B

4.16 With the participation of the Human Resources Branch, the Training Branch coordinated the recruitment of the Inspectorate candidates for Training Group B. Approximately 80 qualified candidates should be identified for this group, which will include CW/MS specialists, chemical production technologists, chemical production logisticians, medical specialists, and paramedics.

 

Training Group B

4.19 Three workshops have been dedicated so far on the training scheme with Member States which are prepared to or might offer training courses and/or training facilities. The general training scheme (with a duration of 21 weeks) would be as follows:

Module A: Basic Course (6 weeks);

Module B: Specialised Courses (8 weeks);

Module C: Inspection planning and equipment operation (4 weeks); and

Module D: On site trial inspection (3 weeks).

4.20 The training is expected to commence and to conclude on 12 January and 5 June 1998 respectively.

Other training activities

4.21 In order to successfully implement the OPCW Manual of Confidentiality Procedure, a training programme was initiated for all directors and branch heads, as well as for all other staff occupying posts with responsibilities impacting on confidentiality matters.

General Services Branch renamed

4.22 During the period under review, the former General Services Branch was renamed the Procurement and Support Services Branch.

Accommodation-related matters (future and present)

4.23 As one of his first activities connected with the new OPCW building, the Director-General signed the Tenancy Agreement for the New Purpose-Built OPCW Office Building at a ceremony which took place on 23 May 1997. The construction of the facility is on target for the completion of building-related works by mid-January 1998, and the project remains within the approved budget. The Director-General and his designated representatives continue to closely monitor both the project and the financial expenditure connected with its development. In the period under review a number of significant changes and improvements to the facility (some of which involved savings) have been suggested and implemented. The Secretariat is currently undertaking numerous activities to lay the foundation for a large number of contracts connected with the operation of the facilities and their maintenance. In addition, preparatory work for the hand-over of the new OPCW building and the relocation of staff and equipment to it has commenced. On 1 September, the Secretariat signed the Contract for the Supply of Office Furniture and Related Equipment for the OPCW (annex to EC-IV/DG.15, dated 4 September 1997) to supply furniture for the offices and for the public spaces in the new OPCW building. The programme of requirements (PoR) for the additional office furniture has been completed and the purchase order was placed on 9 October. The preparation of the PoR for furniture for the public area is underway, and the purchase order will be placed soon. Currently, the Secretariat continues to maintain its three facilities (Laan van Meerdervoort 51, the Aegon building, and the OPCW Laboratory and Equipment Store).

Travel and transportation

4.24 Due to the increase in the number of staff members, and to the needs of the Inspectorate, the number and frequency of official travel requests processed has increased significantly, as has the demand for the in-house transportation service.

Procurement

4.25 As of 20 October, purchase orders (or contracts) with a total value of NLG 3,000,000 had been processed or were being processed. Procurement activities continued to focus mainly on the needs of the Inspectorate, the Information Systems Branch, and the OPCW Laboratory and Equipment Store. It is expected that, due to activities connected with the requirements of the new OPCW building, the number of service contracts to be prepared and concluded will increase dramatically in the near future.

Upgrading and development of the IMS

4.26 Some 400 - 450 staff now work on the information management system (IMS), using the various applications available on seven separate networks, in four locations. The growth of the system experienced in the period under review may be described as remarkable.

4.27 There has been a major upgrading and updating of the various networks and operating systems. The network had to be redesigned in order to cope with the increased number of staff and their requirements. The move from Novell to NT was completed, and the Lotus Notes environment was upgraded from version 3 to version 4. At the workstation level, many of the older PCs were upgraded, and all Pentium PCs were provided with a Windows 95 operating system.

4.28 The telephone system was redesigned to incorporate the four locations, and the implementation of a virtual network was completed. In order to manage usage and cost, cost registration management has now been implemented in all locations.

4.29 Due to the ever increasing number of computer viruses, the virus check program has been upgraded and implemented on the whole network. Virus check centres were introduced in all locations, to enhance virus awareness and to allow all staff to check for viruses on stand-alone PCs.

4.30 The security non-critical network supports various applications available to functional areas of the organisation. The implementation of various administration modules (SmartStream) continued. The Budget and General Ledger module was released to its users. The Staff Administration unit has accepted the Human Resources module, and the Budget and Finance Branch is finalising its assessment of the accounts payable module.

4.31 The correspondence management system has been introduced, and is in its pilot phase for the Offices of the Director-General and the Deputy Director-General, and for the External Relations Division. The project will be expanded to the Administration Division in November. Several key databases were developed in Lotus Notes, on subjects such as National Authorities, inspector training, and procurement and visa tracking. The security-critical network supports limited applications which are strictly implemented within the context of the prescribed security measures. The electronic document management system for the verification information system (VIS-EDMS) was installed by EIF, and a subsequent audit made several recommendations that led to a decision not to load declaration data into the EDMS until the environment for the EDMS was brought up to the appropriate level and to a revision of the IABG security study for the security-critical network. The implementation of Computer Associate "Unicenter", a network security management software, has started, and is expected to be completed in November. The inspection planning module is an integral part of the VIS operating in the security-critical network.

4.32 The Training and IS Help Desk was created to assess staff for PC skills, to promote better usage of the software available to staff, and to help them resolve their computer problems. New staff are tested for PC skills and are offered various IMS-related courses. Course material was developed for IMS security principles, Microsoft Word, Excel, Project, Lotus Notes, etc. Customised training has been developed for system application modules (i.e. accounts payable, General Ledger, etc.). A training programme has also been implemented for the users of the VIS-EDMS. Technical training is organised on a continuous basis through vendors to keep up with the ever-changing technology. In view of the necessary upgrades and the security requirements, staff members of the Information Systems Branch have participated in various training courses such as Lotus Notes, Windows NT, Sybase, SmartStream, InfoImage, Microsoft SQL Server, etc. The IS Help Desk manages the growing number of requests/problems identified by staff, processes 30 - 40 requests a day, and tracks and refers to other Information Systems Branch staff those requests that cannot be handled immediately by the Help Desk.

4.33 The Information Systems Branch Info Flash was introduced recently, to give all staff urgent IMS-related news.

4.34 The analysis for a library management system was completed, which found that the implementation of such a system will be a necessary prerequisite for the introduction of the OPCW library in the new OPCW building. A temporary MS Access database has been customised to track the existing decentralised libraries. The security non-critical archives are also managed by the Information Systems Branch, and an electronic database has been developed to implement the storage of documents. The volume of mail received and sent has tripled since EIF. Procedures are reviewed regularly to take advantage of the most cost-effective solutions available.

 

Legal activities

4.35 Since the First Session of the Conference of the States Parties, legal activities have focused primarily on the following four areas: the provision of legal advice on the application of the provisions of the Convention; agreements; implementing legislation; and institution building, specifically for administrative measures, contracts for goods and services, and for the new OPCW building:

(a) legal opinions have been provided on a number of issues, inter alia the transmission of declaration-related information submitted by States Parties; clearance for access to confidential information; transitional verification arrangements; facility agreements; the transmission of declaration-related information submitted by States Parties; the reorganisation of the Secretariat; the OPCW logo; and the protection and release of confidential information under the Convention and the draft relationship agreement;

(b) assistance with implementing legislation has been provided at the request of Member States;

(c) assistance was provided to the Commission for the Settlement of Disputes Related to Confidentiality ("Confidentiality Commission") during its first meeting and in the preparation of its draft operating procedures;

(d) legal advice has been provided on the texts of draft facility agreements, and there has been participation in the related negotiations with States Parties;

(e) requests for conversion of CWPFs and one sui generis case for temporary delay of destruction of a CWPF were submitted to the Executive Council for forwarding to the Conference at its Second Session for consideration and approval;

(f) in accordance with Article VIII, subparagraph 34(a) of the Convention, the Council shall conclude agreements or arrangements with States and international organisations on behalf of the Organisation, subject to prior approval by the Conference. In accordance with Article VIII, subparagraph 34(c) of the Convention, the Council has approved transitional verification arrangements, including a transitional facility agreement, for five chemical weapons destruction facilities. Two facility agreements for Schedule 1 facilities, and one facility agreement under Part IV(B) of the Verification Annex, , have been negotiated and will be considered by the Council at its Sixth Session. Progress on the conclusion of the relationship agreement between the OPCW and the United Nations is advancing and, pending its conclusion, a temporary arrangement concerning the use of the United Nations laissez-passer by members of OPCW inspection teams was agreed through an exchange of letters. Initial bilateral discussions on agreements under Article VIII, paragraph 50, of the Convention have commenced and a proposed draft has been circulated to all Member States; draft terms of reference for the Scientific Advisory Board were prepared and submitted for informal consultations;

(g) the register and procedure for the registration of international agreements have been established. All international agreements concluded between the OPCW and any of its members, between the OPCW and any other State(s), or between the OPCW and another international organisation will be recorded in this register (a table listing treaties and international agreements registered with the OPCW as of 28 October 1997 is at annex 11 to this report);

(h) Provisional Interim Staff Rules were promulgated by the Director-General and submitted to the Council for review for consistency with the Interim Staff Regulations. A number of administrative directives have been promulgated by the Director-General to implement the Interim Staff Regulations, the Provisional Interim Staff Rules and the Financial Regulations and Financial Rules. Several of the bodies required under the Interim Staff Regulations have been established;

(i) contracts with respect to the new OPCW building were prepared; and

(j) legal advice continued to play a key role in the drafting and negotiation of contracts related to the purchase of equipment and services.

Policy-making organs

Matters relating to the Conference and the Council

4.36 Despite the relative brevity of the period under review, these were very busy months for the OPCW's policy-making organs - the Conference of the States Parties and the Executive Council.

4.37 The Conference of the States Parties at its First Session took many important decisions enabling the Organisation to start implementing the Convention. All of these decisions were subsequently followed up in the Secretariat. There were also some unresolved issues left from the First Session, which were subsequently dealt with either by facilitators under the supervision of the Chairman of the Committee of the Whole or directly by the Council.

4.38 The Council held six regular sessions at approximately monthly intervals. At these sessions the status of implementation of the Convention was reviewed and several decisions were taken to ensure the proper and continuous implementation of the provisions of the Convention. The decisions and recommendations of the Council are detailed in the "Report of the Executive Council on the Performance of its Activities" (EC-VI/4, dated 31 October 1997).

 

Conference and language services

4.39 The Secretariat continued to provide the different organs of the OPCW with conference and language services. As of 15 October, 2,536 pages of official documents had been distributed in English since EIF.

4.40 The Secretariat continued to provide full interpretation services for the sessions of the Conference, the Executive Council and the Confidentiality Commission. One thousand and ninety-nine pages of official documents were translated into all languages of the Commission and, in addition, 319 pages of general unofficial documentation were translated from one official language of the Commission into another official language.

4.41 The Conference Services Branch is still understaffed due to problems in recruiting suitably qualified linguists. There is also a continuing need to establish a more realistic linguistic capacity for the Organisation which would enable the provision, at one and the same time, of full interpretation at short notice and of a limited translation capacity.

Annexes (English only)

Annex 1

LIST OF MEMBER STATES OF THE OPCW

(as of 28 October 1997)

1.

Albania

2.

Algeria

3.

Argentina

4.

Armenia

5.

Australia

6.

Austria

7.

Bahrain

8.

Bangladesh

9.

Belarus

10.

Belgium

11.

Bosnia and Herzegovina

12.

Brazil

13.

Brunei Darussalam

14.

Bulgaria

15.

Burkina Faso

16.

Cameroon

17.

Canada

18.

Chile

19.

China

20.

Cook Islands

21.

Costa Rica

22.

Côte d'Ivoire

23.

Croatia

24.

Cuba

25.

Czech Republic

26.

Denmark

27.

Ecuador

28.

El Salvador

29.

Equatorial Guinea

30.

Ethiopia

31.

Fiji

32.

Finland

33.

France

34.

Georgia

35.

Germany

36.

Ghana

37.

Greece

38.

Guinea

39.

Guyana

40.

Hungary

41.

Iceland

42.

India

43.

Ireland

44.

Italy

45.

Japan

46.

Kenya

47.

Kuwait

48.

Lao People's Democratic Republic

49.

Latvia

50.

Lesotho

51.

Luxembourg

52.

Maldives

53.

Mali

54.

Malta

55.

Mauritius

56.

Mexico

57.

Monaco

58.

Mongolia

59.

Morocco

60.

Namibia

61.

Netherlands

62.

New Zealand

63.

Niger

64.

Norway

65.

Oman

66.

Papua New Guinea

67.

Paraguay

68.

Peru

69.

Philippines

70.

Poland

71.

Portugal

72.

Qatar

73.

Republic of Korea

74.

Republic of Moldova

75.

Romania

76.

Saint Lucia

77.

Saudi Arabia

78.

Seychelles

79.

Singapore

80.

Slovakia

81.

Slovenia

82.

South Africa

83.

Spain

84.

Sri Lanka

85.

Suriname

86.

Swaziland

87.

Sweden

88.

Switzerland

89.

Tajikistan

90.

The former Yugoslav Republic of Macedonia

91.

Togo

92.

Trinidad and Tobago

93.

Tunisia

94.

Turkey

95.

Turkmenistan

96.

United Kingdom of Great Britain and Northern Ireland

97.

United States of America

98.

Uruguay

99.

Uzbekistan

100.

Zimbabwe

 

Entry into force pending (pursuant to Article XXI, paragraph 2, of the Convention):

1. Pakistan (EIF 27 November 1997)

 

Annex 2

SIGNATORY STATES WHICH HAVE NOT YET RATIFIED THE

CHEMICAL WEAPONS CONVENTION

(as of 28 October 1997)

1

 Afghanistan

2

 Azerbaijan

3

 Bahamas

4

 Benin

5

 Bhutan

6

 Bolivia

7

 Burundi

8

 Cambodia

9

 Cape Verde

10

 Central African Republic

11

 Chad

12

 Colombia

13

 Comoros

14

 Congo

15

 Cyprus

16

 Democratic Republic of the Congo

17

 Djibouti

18

 Dominica

19

 Dominican Republic

20

 Estonia

21

 Gabon

22

 Gambia

23

 Grenada

24

 Guatemala

25

 Guinea-Bissau

26

 Haiti

27

 Holy See

28

 Honduras

29

 Indonesia

30

 Iran (Islamic Republic of)

31

 Israel

32

 Jamaica

33

 Kazakhstan

34

 Kyrgyzstan

35

 Liberia

36

 Liechtenstein

37

 Lithuania

38

 Madagascar

39

 Malawi

40

 Malaysia

41

 Marshall Islands

42

 Mauritania

43

 Micronesia (Federated States of)

44

 Myanmar

45

 Nauru

46

 Nepal

47

 Nicaragua

48

 Nigeria

49

 Panama

50

 Russian Federation

51

 Rwanda

52

 Saint Kitts and Nevis

53

 Saint Vincent and the Grenadines

54

 Samoa

55

 San Marino

56

 Senegal

57

 Sierra Leone

58

 Thailand

59

 Uganda

60

 Ukraine

61

 United Arab Emirates

62

 United Republic of Tanzania

63

 Venezuela

64

 Viet Nam

65

 Yemen

66

 Zambia

Annex 3

INITIAL DECLARATIONS/NOTIFICATIONS AND OTHER INFORMATION PROVIDED 

BY STATES PARTIES TO THE SECRTARIAT AFTER EIF

 

State Party

Initial Declaration Due

Date of Submission *1

Articles/ Parts of the Verification Annex (VA) *2

NA Details *3

Implementing Legislation *4

Information onAssistance *5

Point of Entry *6

Standing Diplomatic Clearence No. for non-scheduled flights *7

Albania

29-May

Algeria

29-May

28-May

III, VI

NA identified

identified

Argentina

29-May

28-May

III, VI

NA identified

submitted

identified

provided information

Armenia

29-May

26-May

III

NA identified

identified

Australia

29-May

26-May

III, VI

NA identified

submitted *8

submitted

identified

provided information

Austria

29-May

10-Jun

III, VI

NA identified

submitted

submitted

identified

Bahrain

29-May

Bangladesh

29-May

02-Sep

III, VI

Belarus

29-May

8-May / 5-Jun

III, VI

NA identified

submitted *8

submitted

identified

provided information

Belgium

29-May

26-Jun

III, VI, VA-IV(B)

NA identified

Bosnia and Herzegovina

29-May

Brazil

29-May

23-May / 25-Jun

III, VI

NA identified

submitted

identified

Brunei Darussalam

26-Sep

Bulgaria

29-May

29-May

III, VI

NA identified

identified

provided information

Burkina Faso

06-Sep

Cameroon

29-May

Canada

29-May

29-May

III, VI

NA identified

submitted

identified

provided information

Chile

29-May

28-May

III, VI

NA identified

submitted

identified

provided information

China

29-May

29-May

III, V, VI, VA-IV(B)

NA identified

identified

Cook Islands

29-May

21-Aug

III, VI

NA identified

identified

Costa Rica

29-May

Cote d'Ivoire

29-May

13-Aug

III

NA identified

Croatia

29-May

27-Oct

III

NA identified

Cuba

28-Jun

18-Jul

 III, VI

NA identified

identified

provided information

Czech Republic

29-May

04-Jun

 III, VI

NA identified

submitted *8

submitted

identified

provided information

Denmark

29-May

02-Jun

 III, VI

NA identified

identified

provided information

Ecuador

29-May

09-May

III, VI

NA identified

El Salvador

29-May

28-May

III, VI

NA identified

Equatorial Guinea

29-May

Ethiopia

29-May

18-Jul

III, VI

NA identified

identified

Fiji

29-May

04-Aug

III, VI

Finland

29-May

27-May

III, VI

NA identified

submitted

identified

provided information

France

29-May

28-May

III, V, VI, VA-IV(B)

NA identified