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“Over the past 50 years, ACA has contributed to bridging diversity, equity, inclusion and that's by ensuring that women of color are elevated in this space.”
– Shalonda Spencer
Women of Color Advancing Peace, Security, and Conflict Transformation
June 2, 2022
April 2001
Edition Date: 
Sunday, April 1, 2001

China Opposes Prospective U.S. Arms Sales to Taiwan

Wade Boese

Repeating what has become an annual exercise, senior Chinese government officials stepped up their public opposition in March to U.S. arms sales to Taiwan. The United States, which decides every April what weapons it will sell to Taiwan, has, as always, remained silent about its prospective sales but has stressed its commitment to help provide for Taiwan's defense.

Beijing, which considers Taiwan to be a renegade province and seeks the island's reunification with the mainland, views all arms sales by foreign countries to Taipei as a violation of Chinese sovereignty. Washington justifies its Taiwan arms sales as an obligation arising from the 1979 Taiwan Relations Act, which calls on the United States to make available arms "necessary to enable Taiwan to maintain a sufficient self-defense capability." The United States adopted the act after switching diplomatic recognition from Taiwan to China.

This year, Taiwan is reportedly seeking, among other arms, to buy P-3C Orion anti-submarine aircraft, advanced anti-radar missiles, and four U.S. Arleigh Burke-class guided-missile destroyers equipped with the Aegis combat system. The Clinton administration declined to sell these weapons last year but did approve for the first time the sale of an advanced air-to-air missile.

China is most upset by the possible destroyer sale because of the ship's advanced radar, communications, and battle management capabilities, as well as the fact that the United States is planning to use these ships as the platform for its own naval theater missile defense systems. Speaking to reporters in Beijing March 14, Sha Zukang, who heads the Chinese Foreign Ministry's arms control and disarmament department, expressed "hate" for all U.S. arms sales to Taiwan but said that the "Aegis is the worst." Sha worried that the destroyer's advanced technology would permit it to be "linked" to the U.S. military, which he stated would be "tantamount to [a] de facto military alliance" between Taipei and Washington.

Earlier in the month, on March 6, Chinese Foreign Minister Tang Jiaxuan warned the sale of advanced weaponry like the destroyers would "endanger China-U.S. relations" and counseled the United States to "rein in its wild horse right on the side of the precipice." Chinese officials describe Taiwan as the most important and sensitive issue in U.S.-China relations.

Since the Bush administration assumed office in January, China has sent three delegations to the United States to lobby against U.S. arms sales to Taiwan, the most recent being the trip made by Vice Premier Qian Qichen in mid-March. Qian told reporters March 20 that the sale of the Aegis-equipped ships could change China's approach to reunification with Taiwan from peaceful to "military." Chinese policy, as outlined in February 2000, is that Beijing will only resort to force against Taiwan if the island declares independence, is occupied by a foreign country, or indefinitely refuses to negotiate on reunification.

Meeting with top U.S. officials later in the week, Qian did not repeat the same statement. Instead, according to a senior State Department official, on March 21 Qian issued the standard Chinese complaint to Secretary of State Colin Powell, saying that China considers U.S. arms sales to Taiwan a violation of the 1982 Sino-U.S. Joint Communiqué, which stated that the United States would not "carry out a long-term policy of arms sales to Taiwan" and that U.S. arms sales would "not exceed, either in qualitative or in quantitative terms, the level of those supplied in recent years." Powell disagreed, the official said, and defended U.S. arms sales as helping stability in the region.

Qian did not raise the issue of arms sales with Secretary of Defense Donald Rumsfeld the next morning, but he broached it with President George W. Bush that night without mentioning specific weapons systems. A senior administration official said the president reaffirmed to Qian the U.S. commitment to the Taiwan Relations Act. Bush, according to the official, also told Qian in a general discussion on regional security that "nothing we do is a threat to you, and I want you to tell that to your leadership."

In an exclusive interview with The Washington Post the following day in Beijing, Chinese President Jiang Zemin declared, "We absolutely oppose the sale of advanced weapons by the United States to Taiwan." He further warned, "The more weapons you sell, the more we will prepare ourselves in terms of our national defense." The sale of Aegis-equipped destroyers would be "very detrimental to China-U.S. relations," Jiang concluded.

For their part, Bush administration officials contend they have yet to decide on any specific weapons package, saying the decision will be made in April. Some Taiwan papers, however, report that Washington has already decided not to supply the advanced destroyers. An alternative could be the sale of four decommissioned Kidd-class guided-missile destroyers, which are not equipped with the Aegis system. Such a sale would be less provocative to China and could likely be completed sooner.

According to Litton Ingalls, one of the two U.S. companies that build the Arleigh Burke destroyers, it takes three years to build an Arleigh Burke-class ship to established U.S. specifications; Taiwan's requirements would likely be different. In addition, the two companies are currently building additional destroyers for the U.S. Navy, and it is uncertain how Taiwan ships would fit into the schedule.

During a mid-March visit to China, Admiral Dennis Blair, commander-in-chief of the U.S. Pacific Command, cautioned that U.S. decisions on what arms to sell Taiwan "depend in large measure" on what China does with its missiles that threaten the island. Blair noted that China has approximately 300 missiles deployed across from Taiwan and is adding about 50 a year.

Senior Republicans in Congress, led by Senator Jesse Helms (R-NC), have advocated the sale of advanced weaponry to Taiwan. On March 8, a professional staff member of the Senate Foreign Relations Committee, which is chaired by Helms, released a report arguing that "Taiwan does need new platforms, particularly submarines and advanced destroyers." The report charged that the United States has not only been "rejecting and slowing down arms sales to Taiwan," but "dumbing down" weapons approved for Taiwan. Taiwan's military is also "increasingly worried" about Chinese military activities and weapons buys from Russia, the report noted. (Two days before the report's release, China announced a 17.7 percent increase in its defense spending.)

According to the Pentagon, it delivered more than $15.3 billion in weaponry to Taiwan between fiscal years 1990 and 1999, as compared with only $4.4 billion in all prior years back to 1950. A Congressional Research Service report last August noted that, over an eight-year period beginning in 1992, Taiwan received some $20.6 billion in arms, while China imported roughly $5.9 billion in weapons. China primarily buys Russian weaponry, which are cheaper than U.S. arms.

Preserving the North Korean Threat

Spurgeon M. Keeny, Jr.

In deciding not to continue the Clinton administration's efforts to curb the North Korean ballistic missile program, President George W. Bush has gratuitously rejected a promising opportunity to improve U.S. security. In fact, the decision is so irrationally contrary to U.S. security interests that it is widely perceived internationally as intended to preserve, and even enhance, the North Korean ballistic missile threat so that it can serve as the rationale for early deployment of a national missile defense (NMD). This devastating assessment of U.S. motivation will only be refuted if the Bush administration's promised review of its North Korea policy leads to a prompt resumption of the deferred negotiations to stop Pyongyang's development and export of ballistic missiles.

The decision was apparently taken with little or no consultation with South Korea or Japan, the front-line states with the most at stake in U.S. missile policy toward North Korea. This latest example of disregard for the concerns of allies on the ballistic missile issue was underscored by the choice of the meeting with South Korean President Kim Dae Jung, the principal architect of South Korea's policy of reconciliation with North Korea, as the venue for the short shrift of a diplomatic resolution of the North Korean ballistic missile issue. Kim was clearly very embarrassed politically at being blindsided and used as the backdrop for Bush's deferral decision.

Despite half a century of extremely difficult relations with North Korea, experience does not support Bush's hesitation in pursuing diplomacy with Pyongyang. At a time of extreme tension, the United States was able to negotiate the 1994 Agreed Framework, which froze the North Korean nuclear weapons program and provided for the phased elimination of the facilities that had been shut down. Without this arrangement, the world would today face a North Korea armed with several tens of nuclear weapons and could look forward shortly to a North Korean nuclear arsenal numbering in the hundreds. Building on this experience, the United States sought a similar arrangement curbing the North Korean ballistic missile program. By the end of the Clinton administration, negotiations had progressed to the point—characterized by U.S. Ambassador Wendy Sherman as "tantalizingly close"—to allow Clinton to contemplate going to Pyongyang to close the deal. Although time ran out on the immediate negotiation, the makings of a deal remain on the table. But this window of opportunity may well close because, in announcing its moratorium on missile testing, North Korea declared that its ban would last only as long as negotiations continued.

In rejecting Secretary of State Colin Powell's proposal, made the day before, that the Bush administration should take up the negotiations with North Korea where the Clinton administration left off, Bush suggested that it was not possible to negotiate with Pyongyang on the issue since an agreement required "complete verification" and Pyongyang may not be honoring existing agreements. Actually, Pyongyang has kept its side of the bargain in the Agreed Framework on its nuclear program as well as the United States has. As to verification, U.S. national technical means alone can monitor the critical elements of a ballistic missile agreement bearing most significantly on U.S. security. The tests required for the development of long-range missiles are easily detectable, and the export of North Korean ballistic missiles on a scale that would affect U.S. security would also soon be apparent.

If an agreement included a ban on all missile production and the elimination of existing missiles, additional verification measures would indeed be necessary. But, as desirable as these constraints would be, they need not be absolutely comprehensive to provide high confidence that the North Korean missile program had in fact been adequately constrained. Indeed, working out a mutually acceptable balance of obligations and verification measures is what negotiations are all about.

Whatever one may think about the need for a national missile defense, the United States will be far better off preventing the further development and unlimited production of North Korean ballistic missiles for the next decade before the enhanced NMD, which Bush apparently advocates, can possibly become operational. President Bush should therefore promptly revisit his decision to defer resumption of ballistic missile talks with North Korea and follow Powell's wise advice to resume the negotiations with the objective of reaching an early, adequately verified agreement. The United States cannot afford to be perceived as being prepared to sacrifice the opportunity to eliminate the North Korean missile program diplomatically in order to preserve the threat of a growing North Korean missile capability as a rationale for undertaking a major national missile defense.

Bush's Deferral of Missile Negotiations With North Korea: A Missed Opportunity

Friday, March 23, 2001
8:30 – 10:00 A.M.
The Carnegie Endowment for International Peace
1779 Massachusetts Avenue, N.W.
Root Room

Following a meeting with visiting South Korean President Kim Dae Jung, President George W. Bush announced March 7 that his administration would not immediately pursue negotiations begun by the Clinton administration to constrain North Korea's ballistic missile development and exports. Bush's remarks differed dramatically from Secretary of State Colin Powell's statement a day earlier that the administration would pick up where the Clinton administration had left off. U.S. negotiators had reportedly been close to finalizing a deal under which North Korea would have stopped its missile development in exchange for satellite-launch services and would have halted missile exports in exchange for nonmonetary compensation. (See Bush Puts N. Korea Negotiations on Hold, Stresses Verification.)

On March 23, the Arms Control Association held a press conference to discuss the ramifications of the president's decision. The speakers were Spurgeon M. Keeny, Jr., president and executive director of the Arms Control Association; Morton H. Halperin, a senior fellow at the Council on Foreign Relations and director of the Policy Planning Staff at the State Department from 1998 to 2001; and Robert Gallucci, the dean of Georgetown University's School of Foreign Service and the chief U.S. negotiator of the 1994 Agreed Framework, which ended North Korea's nuclear weapons program.

The following is an edited transcript of their remarks and the question-and-answer session that followed.

Spurgeon M. Keeny, Jr.

Good morning and welcome to the Arms Control Association's press conference on President Bush's decision to defer negotiations to curb the North Korean ballistic missile program. We called this press conference because we thought the implications of this decision were so serious that they deserved further attention. I'm sure this issue will be with us for some time.

I believe that President Bush's handling of this affair in the recent meeting with President Kim Dae Jung of South Korea was one of the most serious diplomatic blunders of the post-Cold War era. When Bush announced that the United States had no plans to resume the far-advanced negotiations with North Korea to curb or eliminate the North Korean ballistic missile program, he failed to pursue a major opportunity to improve U.S. security. He compounded this diplomatic blunder by repudiating the position that his own secretary of state had set forth the day before: that the United States would pursue the negotiations initiated under the Clinton administration. Furthermore, he chose to make this announcement after a meeting with President Kim, who has made a major policy effort to achieve reconciliation and resolution to the very difficult North Korean situation. Bush clearly blindsided President Kim and put him in an extremely embarrassing position.

The United States, through long and very difficult negotiations, managed in 1994 to achieve an understanding with North Korea on the so-called Agreed Framework, which stopped an unambiguous and substantial North Korean effort to develop nuclear weapons. Without the Agreed Framework, today we would be facing a North Korea that had several tens of nuclear weapons in hand and was not so far away from having hundreds of nuclear weapons. That is assuming that military activity did not occur in the interim. Let me remind you that in 1993 and 1994 the situation appeared so serious that usually cautious observers Brent Scowcroft and Arnold Kanter went so far as to publicly propose that unless the North Korean nuclear program could be stopped, we should undertake pre-emptive action against North Korea and its nuclear facilities. I think it would have been quite remarkable if such action had not resulted in North Korean action against Seoul and, very likely, a war on the Korean Peninsula, which could have easily resulted in hundreds of thousands, if not millions, of casualties.

With the apparent resolution of the nuclear situation, attention turned to the North Korean ballistic missile program, and we have struggled with this for the last six years. As you know, many observers, including Secretary of Defense Donald Rumsfeld, consider this program a near-term threat, not only to the security of the region, but also to the security of the United States itself. After a slow start and with the help of former Secretary of Defense William Perry, the negotiations finally got on track, and in the past year or so considerable progress was made, causing Ambassador Wendy Sherman to write recently that we were "tantalizingly close" to an agreement.

In rejecting Colin Powell's statement that this administration would pick up where the Clinton administration left off, Bush gave as his explanation that North Korea was untrustworthy and that efforts to curb the ballistic missile development program were unverifiable. I believe that, as difficult as North Korea has been, its record on implementing the Agreed Framework has been quite good—probably as good as that of the United States. I also believe that efforts to control the North Korean ballistic missile threat are certainly verifiable. Developments in North Korea's longer-range missile program, which is not far advanced, require testing, which can easily be verified by national technical means. The export of North Korean missiles on any scale that had significant consequences to U.S. security would certainly also be clearly apparent. To deal in depth with all aspects of the missile program is indeed more difficult, but understanding the final details of North Korea's program is not relevant to U.S. or even regional security.

If one thinks the North Korean ballistic missile program is a threat to the United States, one has not only an opportunity but really an obligation to pursue the negotiations which seemed to be on track toward eliminating this threat at the source. The alternative of rejecting this diplomatic track in favor of building a national missile defense—which would not be operational for more than a decade and which, in the form the Bush administration appears to be envisaging, would cost hundreds of billions of dollars—is a very poor trade-off. Doing so would essentially allow North Korea a decade of opportunity to pursue whatever ballistic missile program it may have in mind.

Failure to pursue these negotiations will certainly be widely perceived in this country and throughout the world as a cynical effort on the part of the United States to maintain North Korea as a clear and present danger to the United States and thus as a rationale for pursuing a national missile defense. This is hardly a posture the United States should seek as leader of the free world in efforts to control the proliferation of weapons of mass destruction and their delivery systems.

On a more optimistic note, I hope that Bush's performance reflected a lack of decision within the administration of what to do about North Korea and that this policy issue is a work in progress. And in the process of formulating a policy, hopefully Colin Powell and other people in the administration who understand the necessity of a diplomatic approach on this issue will eventually win the day.

Morton H. Halperin

Let me begin by describing briefly what has come to be called the "Perry process," which developed out of the recommendations in a report by former Secretary of Defense Perry; what the Clinton administration was trying to accomplish; how far it had gotten before the end of the administration; and then what the implications of that are.

The Perry process was begun out of a debate within the country about whether the Agreed Framework was working and also whether we needed more, since the Agreed Framework covered only a part of North Korea's nuclear program and did not at all limit its missile program. The debate was given impetus by the testing by the North Koreans of a longer-range missile, which roused concern not only in the United States but also in Japan that the North Koreans might be trying to develop longer-range missiles and to mate them to nuclear weapons.

The decision was made, without any dissent in the administration, to focus on the nuclear weapons and the missiles, notwithstanding the fact that the Korean Peninsula is the scene of the most intense conventional confrontation that remains in the world and that there is therefore a constant danger of war breaking out. It was decided that the question of changing the conventional balance would be dealt with afterward in the context of a comprehensive peace settlement on the Korean Peninsula. And so the administration approached the North Koreans with the proposal that we discuss further limits on their nuclear program and limits on their missile program, both their indigenous production and their exports.

The North Korean position initially was that they were prepared to talk about further limits on nuclear weapons, but only in the context of full observation of the Agreed Framework. Further, they were prepared to limit and indeed eliminate their missile exports. For them the issue was only money—if we wanted to buy them instead of having others buy them, that was fine. It was not a matter of principle, it was just a matter of how much the exports were worth. But on their indigenous missile capability, the North Koreans began with the proposition that their testing, development, and deployment violated no existing international treaties, that they were not under any obligation not to test or develop missiles, and that this was a matter of their national security and not something they were prepared to discuss.

The United States made it clear that for us any movement toward a change in the relationship between the United States and North Korea, a movement away from belligerency and confrontation, required that the North Koreans be willing in principle to give up further development, at least, of their missile program. And after several rounds of discussions at various technical and political levels, a meeting by the secretary of state with the North Korean foreign minister, a high-level visit of a North Korean official to the United States, and then, finally, a visit by the secretary of state to Pyongyang, the North Koreans clearly accepted that they would be willing to put limits on their ballistic missile program—both their indigenous program and their exports—and further limits on their nuclear program in exchange for what they called compensation and what we called further steps to deal with humanitarian problems in North Korea and to move away from belligerency.

Now, there have been various reports about just how far along we were, and I do not want to get into the precise details; but it was clear, I think, beyond any doubt, that the North Koreans were prepared to forgo additional tests of long-range missiles, and that they were prepared to agree not to develop or deploy longer-range missiles. There were questions of how much verification they would accept. There were also questions about whether they would put limits on the shorter-range missiles that they have had for many years and further questions about whether they would be willing even to eliminate those missiles. As you all know, President Clinton made a decision at the end of the administration not to go to North Korea to try to close this deal. It is these negotiations that remain and that the Bush administration, one hopes only temporarily, has decided to postpone.

Let me say a few words about which agreements I think are possible and which are in our interests. It seems clear to me that how much verification we need and how much assistance we should be prepared to provide to the North Koreans depends very much on how much of a limit they are prepared to accept on their program.

It is important to remember that we started negotiations with the urgent need to prevent the North Koreans from conducting further tests of a long-range missile. That need was based on the estimate of the intelligence community that the North Koreans were going to test and that the purpose of the tests was to develop long-range ballistic missiles, including ICBMs, that would be mated with nuclear weapons and that would be capable of reaching the United States. It was this estimate of the North Korean program that led the Clinton administration to move toward deployment of a national missile defense.

If the North Koreans are prepared to forgo further tests in return for the launching by the international community of some North Korean satellites, without any transfer of technology, then it seems to me clear beyond any doubt that this agreement is in our interest, whether we get any other agreements or not. It is certainly completely verifiable, and the cost of putting up their satellites is well worth having the North Koreans not further test ballistic missiles. If one moves beyond that to trying to get agreements on production and on various kinds of testing of the components of a longer-range missile, then clearly that would require some degree of verification. But the degree of verification required, at least for limits on testing, seems perfectly reachable even in a closed society like North Korea, and such an agreement therefore is also clearly in the interests of the United States.

Whatever one thinks about national missile defense, it seems clear that the North Koreans are much less likely to fire an ICBM at the United States if they do not have one and that it must be in our interest to try to reach an agreement which prevents them from building such an ICBM. The alternative of simply watching them build it, watching them mate it to a nuclear weapon, watching them fire it at the United States, and then trying to shoot it down cannot be the best way to protect the national security interests of the United States. So, even if one thinks that the capacity to shoot down missiles is something we need to develop, it cannot be that, if we are worried about the missile threat, we are not interested in negotiating an agreement that would prevent the North Koreans from developing an ICBM.

If you try to move further to a freeze on existing shorter-range missiles, or even dismantling those missiles, then that clearly requires a much greater degree of verification and clearly will require a greater degree of compensation. There is also the question of whether the North Koreans are actually willing to do that, whether they are willing to accept the degree of verification that would be required to do that, and whether in fact we would be willing and should be willing to pay the cost of dismantling a system that has been in place for many years and that is really part of the conventional military balance. But it cannot be the case that, because such an agreement is either not attainable or not attainable at a price we want to pay, that we should not seek agreements that would deal with longer-range missiles that threaten the United States and Japan.

In addition to the demands for intrusive verification, which I've already discussed, we are also hearing that we should not accept an agreement of any kind with the North Koreans unless the North Koreans also agree to changes in the conventional military balance. That is an irresponsible position because it says that we will not try to constrain nuclear weapons and missiles because we cannot at the same moment also get limits on conventional forces. It is important to remember that the decision not to put conventional forces on the table was one that was made by the U.S. government in approaching the North Koreans. To now turn around and say to the North Koreans, "We will not do this unless you agree to agreements on conventional forces," is irresponsible. We can reach agreements on conventional forces, but only in the context of a comprehensive political settlement on the Korean Peninsula, and a political settlement on the Korean Peninsula requires improved relations between the United States and North Korea. A missile agreement would make a major contribution toward that.

I think we also need to understand that, if this administration is serious about improving relations with our allies, then the path that it has embarked on is an extraordinarily dangerous one. For one, it risks undercutting the South Korean "sunshine policy" because I think it is very likely that the North Koreans will not go much further in terms of improving bilateral North-South relations unless they see it as also bringing improvements in U.S.-North Korean relations, which I think is their primary objective. Second, I think that our relations with Japan and the very important trilateral relationship that we built to deal with the North Koreans will be placed in jeopardy if we simply refuse to negotiate with the North Koreans because at some point one of the consequences of that is almost certainly going to be a further North Korean missile test.

The North Koreans agreed to a moratorium on testing while the negotiations were underway. If the position of the administration turns out to be that we cannot negotiate with the North Koreans because in the future they might violate agreements that have not yet been negotiated or signed, then we have to expect that at some point the North Koreans will say that their unilateral commitment to a moratorium while negotiations are going on is no longer valid. And if there are tests, this will have important implications in Japan, especially if it appears that the testing occurred because of U.S. unwillingness to negotiate.

So, in terms of our own security interests in preventing North Korean weapons from attacking Americans and in terms of our relations with Japan and South Korea, I think it is important that the administration complete whatever review it is undertaking, go back to the negotiating table, and be prepared to seek to negotiate various levels of limits based upon the degree of intrusive inspection that we can get for those agreements.

Robert Gallucci

I want to start by asking why we're all here this morning. This is easy to answer: I'm here because Spurgeon asked me to be here, and whenever Spurgeon Keeny has asked me to do something in the last 20 or 30 years, I've tried to do it. It's usually right, and I think it is in this case.

Beyond that, we're here because the stakes in this particular issue area are very high. While there are other challenging foreign policy issues that the new administration needs to get a grip on where the stakes are high as well, there's something different about North Korean policy, and that is that there seems to be a fairly clear policy course that one could set that would be successful. I don't think that is necessarily true with the other foreign policy challenges, such as Iraq.

At the beginning of the Clinton administration in 1993, we were already in crisis with North Korea, which had taken steps with respect to the International Atomic Energy Agency and announced it was going to pull out of the nuclear Non-Proliferation Treaty [NPT]. We concluded that North Korea had a small research reactor that was operational, a somewhat larger 50-megawatt reactor being built, and a much larger 200-megawatt reactor under construction, together with a chemical separation plant. We calculated these would be finished in three to five years and would produce about 150 kilograms of plutonium each year.

Depending on a lot of things, 150 kilograms of plutonium a year is about 30 nuclear weapons each year. That is a large nuclear weapons program, and there were no ambiguities—or not many—about North Korea's capability to complete the program. After all, the small research reactor had been completed and was operating, and it had already produced enough plutonium—about 30 kilograms contained in spent fuel—for maybe five nuclear weapons. So North Korea had a real nuclear weapons program that needed to be stopped.

In addition, we were concerned about the impact that North Korean withdrawal from the NPT would have on the international non-proliferation regime. At the same time, we were watching a ballistic missile program that we had every reason to believe would be mated with the nuclear weapons program, making the United States as well as our allies vulnerable to attack by ballistic missiles armed with nuclear weapons. Needless to say, the South Koreans and the Japanese were very concerned about what the United States would do to deal with this problem.

Finally, underlying all of this, was the conventional military situation: North Korea had more than one million men forward-deployed and hundreds of artillery tubes within range of Seoul; we had 37,000 American men and women forward-deployed in South Korea, and we had a treaty commitment to defend the South. So if we managed the nuclear weapons and ballistic missile program poorly, we had the prospect of a major conventional war on the Korean Peninsula, which, in the words of Gary Luck, who was the force commander, would not look like the Gulf War. He said, "I'll be able to win that one for you, but not right away."

So the stakes were very high then and they're very high now. That means one has to be very careful in how one manages this particular security problem.

How do you stop a country, which you've already identified as a rogue, that has a nuclear weapons program and a ballistic missile program? Well, the last administration decided the best way to do that was to engage it in negotiations, which led to the Agreed Framework. For that, it was accused by some of allowing the United States to be blackmailed, of giving good things to bad people, of rewarding bad behavior, of sustaining a totalitarian regime, and of other catchy phrases. But the Agreed Framework was sustained year after year by appropriations from a Republican Congress. Why, if it was such a reprehensible agreement? It was sustained because it gave the United States and its allies real benefits, and it was certainly better than any other agreement that could have been negotiated or any other solution to the problem of North Korean ballistic missiles and nuclear weapons.

Could we have stopped the North Korean program with sanctions? Nobody inside or outside of the administration thought we could then or thinks we can now. Could we have stopped it with military force? Yes, we thought, but we didn't think we could do it without conducting a war on the Korean Peninsula. Could we adopt a strong defense and deterrent posture instead of negotiations, demonstrating that we will not negotiate with rogues? Yes, that would mean containing North Korea, and that's a good, solid position. But the vulnerability of that position is that it means accepting North Korea as a nuclear-weapon state armed with ballistic missiles. Containment does not stop the programs. The alternative was negotiations.

I go through that with you because I think we confront something similar, though not identical, with the ballistic missile problem. The second Clinton administration launched a policy review led by former Secretary of Defense Perry, and one way of characterizing what that review concluded is that the best course was indeed to engage the North in negotiations to see whether the North could be persuaded to give up its ballistic missile program, whether the cost of persuading the North to do that was acceptable to us, and whether we could do that and have high confidence that we had achieved the objective.

I rather liked Secretary Powell's statement that they would follow up where the Clinton administration left off, and I was disappointed, frankly, to see the president pull back the next day and express skepticism about negotiating with North Korea. This will make life a bit harder for the Kim Dae Jung government in South Korea, harder for him to pursue the sunshine policy, and I think that's regrettable.

My own view is that Kim Dae Jung's visit was, in retrospect, perhaps a little premature, certainly from Kim's perspective. It is not, however, terribly surprising that the new administration wants to review policy. I'm not here to criticize the new administration's policy because I don't know what it is yet, and they ought to be given a chance to develop it, in my view. I've expressed some concern about how it develops, but I'll wait and see more myself. At this point, I think a policy review is certainly in order; it's a new administration. I hope they will get on with it.

But I also hope that, in the course of getting on with reviewing our policy to North Korea, the administration remembers that they are now in office and they do not need to run against the last administration any longer. They do not need to criticize Clinton administration policy. They need to set their own policy. And, I'm fairly confident that if they do a policy review, much as Secretary Perry did for the Clinton administration, they will find the prudent course is indeed one which explores negotiations. We shouldn't fail to pursue them because North Korea is a rogue state by some definition.

Finally, on the question of national missile defense, North Korean ballistic missiles, and how these things fit together, it has never seemed to me that any administration does anything with absolute unity of thought among all its members, and I do not know what's in the minds of the senior people in this administration. If anybody's thinking it is a good idea to preserve the threat of North Korean ballistic missiles, I would think that is an idea that was not consistent with American national security interests and I would hope that they would put it aside.

Question and Answer

Question: There has been some discussion of revising the Agreed Framework in order to replace the light-water reactors with a coal-fired plant. Is that a good idea?

Gallucci: The question of reopening the Agreed Framework in order to see whether the North Koreans could be persuaded to accept conventionally fueled plants rather than nuclear-powered plants has been discussed for some years. My own view is that it would be a good idea to continue to explore with the North Koreans—after consulting closely with the South Koreans and the Japanese—any interest they might have in substituting fossil-fueled plants for the two 1,000-megawatt light-water reactors that are envisioned in the Agreed Framework.

The benefits could be substantial to all. I say could be—it depends on a lot of things. Units of smaller size would make more sense given the rudimentary character of the electrical grid in the North. Fossil-fueled plants could also be introduced sooner than the first light-water reactors could possibly come online, and this would be of benefit to the North. From our perspective, those who are involved in the Korean Peninsula Energy Development Organization [KEDO] would not have to worry about the plutonium that would be produced in those light-water reactors if they were replaced with conventionally powered plants, and that would be a plus.

Let me digress for a moment here before any of you have palpitations of the heart. The plutonium produced in a light-water reactor can be used to manufacture nuclear weapons—we certainly knew that when we made the deal. We made the deal because in real life things are measured as in terms of "as compared to what," and a light-water reactor is preferable to a gas graphite reactor system, which we were trying to convince the North Koreans to abandon and we did. But still, from the perspective of preventing the spread of nuclear weapons, in a country like North Korea, I prefer a conventionally powered plant to a nuclear plant.

So, I'm sympathetic to and supportive of exploring the idea with these two huge provisos: one, that first we consult with our allies and make sure the South Koreans and the Japanese are supportive of this idea; and, two, that we do it with the approach that it is a substitute and ask the North Koreans, in essence, whether this is of interest to them and then we explore the terms. So, I'm arguing that it may be a good idea to reopen and look at some of the terms of the Agreed Framework, not—I repeat not—to abandon the Agreed Framework.

Question: Dean Gallucci, as you were the chief negotiator for the Agreed Framework, I find what you're recommending at this time, revising the Agreed Framework, very provocative. What has made you change your mind? What makes you think that the agreement should be reopened now?

Gallucci: Don't find this provocative. I'm not trying to make news. Remember that the negotiations were not a one-day affair. They were quite protracted, beginning roughly in June 1993 and ending in October 1994. During the negotiations, it was not possible to persuade the North Koreans to accept conventionally powered plants as a method of achieving their energy objectives and as the benefit that was in the Agreed Framework. They would not then have agreed to that. They said if they were going to give up their gas-graphite technology—which consisted of three reactors at that point (two under construction and one completed) and a chemical separation plant—they wanted the very best nuclear technology. And the very best nuclear technology, they thought, was modern, light-water reactors.

So you can analyze what was going on in the North Korean calculations in terms of their bureaucracy and their energy needs and come to your own conclusions, but we were not able to persuade them away from that position. And it was not a close call for me to decide which was the better outcome. The choices were a North Korea with two 1,000-megawatt light-water reactors, which they can't fuel without external assistance and where there is no need to reprocess and separate plutonium, or a gas-graphite system that produces weapons-grade plutonium that will, out of necessity, be separated at a plant. There's no contest. So light-water reactors were a good idea. If at any point we could have persuaded them otherwise, I think it would have been a good idea. We were not able to then.

Since that time, any number of people have had a light bulb go on over their head and said, "Gee, 1,000-megawatt light-water reactors. Boy, that doesn't fit very well with the North Korean grid." Yes, we know that. "But they can't be run safely." Yes, and something will have to be done before those reactors come online safely. We understand all that. We are trying to deal with a problem which threatens the security of South Korea, Japan, the United States, and the international community, and we will have to work toward dealing with that problem. We would prefer to have conventionally powered plants. If at some point the North Koreans decide they would agree to that and our allies are comfortable with the transition—because up to now they have been planning to fulfill the provisions of the Agreed Framework through KEDO—then it's a good idea. It always was a good idea.

Question: What is your expectation that the North Koreans would agree to do this? And what about the Japanese and the South Koreans?

Gallucci: Well, I don't know. I have not talked to the North Koreans about this since 1994, and that's getting to be a long time ago. I don't know where the North Koreans are on this, and I don't even know where my colleagues who were in the last administration were on this idea. It is to me an important but second-order issue.

Keeny: I'd like to add a point from someone who wasn't involved in these negotiations. At this point, given the Bush administration's apparent approach to the North Korean situation, it would be disastrous to come in and suggest that we want to revise the Agreed Framework. If it is even brought up on the margins of discussion as something advantageous to North Korea, it will have to be done in the most cautious and sensitive way because they will look on it as the beginning of the end of the Agreed Framework and start paying more attention to how they resume their nuclear weapons program along with their ballistic missile program. So, to say something is somewhat better is a far cry from saying that this is something one should actively pursue at this time.

Gallucci: Spurgeon, I would of course assume that, if the administration explored this, that they would do it cautiously and sensitively.

Keeny: Well, of course, we see the evidence is that the administration is very adept at cautious and sensitive approaches.

Question: What does the North Korean case suggest about the administration's general approach to non-proliferation?

Halperin: I think it's too soon to tell, and I don't think that one should jump to conclusions. I think as the administration works its way through these issues it will inevitably come to see that negotiations and efforts to prevent proliferation have to be made key components of any serious policy to prevent the spread of nuclear weapons.

Gallucci: I think it's too early to tell.

Keeny: It's too early to tell, but the indicators are not encouraging.

Question: President Bush sounded very skeptical regarding North Korean compliance with the Agreed Framework. What is your assessment of North Korea's compliance?

Halperin: Well, if you read the rather tortured background press briefing that followed Bush's statement, it turns out that it depends on what the meaning of "is" is. "Is" turns out to mean "will." What the administration seems to be saying is that there is no doubt that the Agreed Framework is still being observed, but that the president is skeptical whether, if there were a future agreement, the North Koreans would observe it and whether we would be able to verify it completely, given the closed nature of their society.

And I think that, as I tried to say in my opening remarks, depends on what the agreement is. If the agreement is that the North Koreans will not test-fire a long-range missile, then we will be able to verify that. Korea is a very small country; one cannot test-fire a long-range missile within North Korea. If their agreement is not to export, I believe we will have a high degree of ability to verify that. As you get into agreements to dismantle missiles or not to produce missile components, then obviously the verification becomes more difficult.

But the question one always has to ask is, "Is getting an agreement with some confidence of verification worth it?" And that depends on what you pay to get that agreement. The president's remarks sound like the debate we had about the Soviet Union in the early 1960s when people said, "It's a closed, totalitarian society. We can't verify agreements." And we discovered, in fact, that we could negotiate agreements which were verifiable, which were verified, and which were observed. And I think everyone now agrees that the Agreed Framework with the North Koreans is observed.

Gallucci: I think you have to be fairly careful on this issue of verification and trust. When we negotiated the Agreed Framework, we were confident that we could tell whether or not the North Koreans were doing what they said they were going to do at the facilities we were concerned about. We identified particularly a small five-megawatt research reactor, a chemical separation plant that was being expanded into a larger reprocessing facility, a 50-megawatt reactor under construction, and a 200-megawatt reactor under construction somewhere else. That wasn't everything, but it was clear it was virtually everything. And we had high confidence we could tell when those facilities were being mothballed, frozen in place, and when the fuel was going to be recanned, if it was already separated in the pond, because we were going to do the recanning.

Now, critics said, "But wait a minute. They could have a secret program. You've just done a deal with North Korea, and they could be cheating. Don't you know that North Koreans cheat? Don't you know that they could hide things? Don't you know that North Koreans dig tunnels and they can put these secret facilities in the tunnels? So what are you doing an agreement with North Korea for?" Excuse me, but remember the proposition "as compared to what?" Are you better off stopping with high confidence a known nuclear weapons program that has already produced 30 kilograms of plutonium and promises to be producing 150 kilograms a year, or not?

If you decide you are better without an agreement because they might also have a secret program, what are you accomplishing? Indeed, with an agreement, you are better off not only in stopping the known program, but when you develop a suspicion that there is a secret program, as we did in 1998, you can act on it. Had we had no Agreed Framework with the North Koreans, do you really think the North Koreans would have said "Come on in" when we said we want to go look inside that cavern? I don't think so. The only reason we got access to what we thought might be a secret nuclear weapons program was the Agreed Framework and the benefits it contains that the North Koreans wished to protect.

So, be careful here. Make sure that you are considering the real world in which you have to compare real possibilities and outcomes. The Agreed Framework does not automatically give us access to North Korea to check on secret nuclear weapons programs. We have to do that ourselves. Fine. If there was no Agreed Framework, we'd still have to use all our assets to monitor North Korea and see whether they are doing things which we believe are threatening to ourselves or our allies. We'd have to do that anyway. The Agreed Framework gives us better access to deal with the problem if we discover it.

Keeny: I'd like to add just two points. First, when the U.S. government became concerned about what was going on in those underground cavities, the North Koreans agreed to let us take a look. They didn't have to do that. So they've gone further than they had to in facilitating the verification process to the extent we have evidence to go on. And, second, I want to underscore again that, in a case of a ballistic missile agreement, it would be easy to verify the development through testing, which would be absolutely necessary for more advanced ballistic missiles, and also the problem of exporting complete systems. That would be the most important part of an agreement because that is what really threatens the region and what might threaten the United States. Those are verifiable with a great degree of confidence. The other things that may be desirable, which require more complicated verification, are not central to what we're trying to accomplish in curbing North Korea's ballistic missile program.

Question: I have trouble believing that the administration is using North Korea as a tool to support their missile defense program because, if you ask them about it, they see threats everyplace—next door, across the street—they don't need North Korea to spend billions of dollars on a missile defense. So, what's behind this? Why is this administration turning its back on these negotiations? Is it not isolationism, pure and simple?

Keeny: As I said at the beginning, I am afraid the administration may not want negotiations, both because the threat provides a rationale for going ahead with a national missile defense and because they simply don't like agreements and negotiations. But we've seen lots of changes in administrations in the past. I point in particular to President Nixon's positive approach to arms control, which came as a pleasant surprise to many of us as time went on. I think in this business one cannot abandon hope. And the effort to cut off a major threat to the United States—a threat recognized by the administration—through negotiations seems such an overwhelmingly rational and desirable activity that one can only hope that, when it examines the alternatives, the administration may moderate its position.

Halperin: I don't think it is isolationism. I think it is a deep skepticism about negotiating with closed regimes. This is not something that's peculiar to this administration. There were many people in the Clinton administration who were skeptical about whether engaging North Korea made sense or not.

But I think that the facts of this situation lead one to a more sober conclusion. The strongest supporters of doing something by agreement is the American military because, as they say, we could defeat the North Koreans in a war, but that defeat will not come anything like in the Gulf War—the casualties will be very substantial and the cost in many ways will be very great. So simply saying we can deal with this militarily is not really an option. And as Bob pointed out, containment is not really an option, because containment means sitting there and watching the North Koreans develop nuclear weapons and missiles. Even if one thinks ballistic missile defense could shoot down a lot of them, that is a very dangerous way to live.

So you end up, I think, having to overcome your own skepticism, your own visceral dislike of dealing with totalitarian regimes and people who you think you can't trust, and say, "Let's see if we can't negotiate something that advances our interests." One can only hope that, as the president's advisers work him through this issue, he will come to the conclusion that, even if you don't like the North Koreans, even if you don't think that you can trust the North Koreans, you can work out agreements that are verifiable and that are clearly in our interests.

Gallucci: There is a good quote—I think from Abba Eban—that you can't make peace by negotiating only with your friends. And there's a lot to that. This is hard work. I really want to wait and see what happens. This administration has very experienced professionals in national security issues, and I don't know that they all think exactly alike. So I think it is prudent for anybody who is looking to support good policy to wait and see if good policy evolves.

Question: What is the risk of sending a message to North Korea that negotiations are going to be put off?

Halperin: Well, I think the risk here is very simple. The North Koreans have demonstrated to us over the years that they think the way to get our attention is to do something provocative, like starting to produce plutonium or testing a long-range missile. And when they get our attention, they then try to negotiate an agreement. But when they think they have lost our interest, they do something provocative again, and the North Koreans have told us exactly what the provocative thing is: it's another ballistic missile test. They have said that they stopped testing at our request while the negotiations were going on, and that there has to be a limit on how long this moratorium remains in effect.

What I fear is that at some point the North Koreans will decide the only way to get the attention of this administration is to do another missile test. That will get the attention of the administration, but in exactly the wrong way. It will persuade people in the administration that the North Koreans cannot be trusted when, in fact, it demonstrates the reverse, that they can be trusted to do what they say they will do. The administration will then say, "See, we told you these guys can't be trusted." That will lead them to a further unwillingness to talk, so the North Koreans will think, "Ah, we will have do something more to get their attention." They will fire another missile, and we will then be in a spiral of sending bad signals which ultimately could then call into question the Agreed Framework and lead us to a much more dangerous situation.

So, I think it is incumbent on the administration to say very clearly and reasonably soon where it wants to go, how it wants to proceed with this issue, and to accept that, if it's not willing to talk, it's going to get missile tests.

Gallucci: I think there are two themes here. One is how the North behaves, and in my experience it behaves the way Mort described. It behaves that way tactically in the context of negotiations, and it behaves that way strategically in terms of the way it relates to South Korea and the United States. And we have seen the North Koreans already begin to exercise that one bit of leverage they have. I mean, they have no real assets other than the ability to cause trouble and pain and raise concerns, and what they are doing is suggesting that is what they'll do. We want to avoid precisely the spiral that Mort describes.

The second theme is that I would not like to see us snatch defeat from the jaws of victory here. It doesn't seem to me that we have to go down that road. The road we previously defined is not a nice smooth road—it will be frustrating and bumpy—but we'll keep the North Korean situation from being a problem of foreign policy and prevent it from becoming a crisis for us. It seems to me that there's a course that will do that. And there's another course that may have some rhetorical appeal but that is less prudent.

Question: Congress is a player that is often influential early in an administration. Just before the Kim Dae Jung visit, there were a couple of letters from members of Congress to the administration—one from the senior Democrats expressing interest in continuing the dialogue on the missile freeze and one from Henry Hyde and a couple of others expressing some concern about the Agreed Framework. Dr. Halperin, in your experiences working at the State Department during the last three or four years, how would you characterize the concerns that you were hearing from members of Congress about this? Are there partisan views on the approach to North Korea, or is there some sort of bipartisan agreement about at least some aspects of this U.S.-North Korean dialogue and relationship?

Halperin: Well, I think by the end there was bipartisan agreement on the Agreed Framework. There are always some members of Congress who think we're paying too much for it, but I think in the end most Republicans on the Hill and most Republicans from outside, many of whom are now in the administration, ended up agreeing that the Agreed Framework is a good agreement, that the North Koreans were observing it, and that it is clearly in our interests to continue with it.

I do not think that the administration's action here was based on congressional pressure or public pressure. I think there was in fact much less criticism of the Clinton administration's move toward North Korea than many people in the administration feared. People kept waiting for the attack on it, but it never came. And so I think this administration has a lot more running room to do it. I think the decision to put off negotiations is a result of the administration's own internal views and the worldview of the president and his advisers more than it is a calculation about domestic politics or congressional roles.

Question: North Korea has said on a number of occasions that the United States has not kept up its end of the Agreed Framework, particularly on the economic exchanges, and that contention has been repeated by observers here. What is your opinion?

Halperin: Well, we promised the North Koreans that we would eliminate the sanctions under the Trading With the Enemy Act, I think, three times. And then we finally did do it. We have certainly been behind schedule in providing the heavy fuel that we promised them, and we are behind schedule in building the reactors. Now I think that a lot of that is inadvertent: it's the result of bureaucratic delays and various kinds of problems. I don't think that there's been any intentional or systematic violation of the agreement on the American side, but certainly if you look at the record with punctilious observation, you have to conclude that we reacted more slowly than in fact we were committed to do. But I think the North Koreans, on balance, accept the fact that both sides are proceeding in a way that is consistent with the basic agreement.

Gallucci: The fundamental obligation of the North Koreans was first cooperating in the canning of spent fuel that was in the pond and had plutonium in it, and then the freezing of all activity at the other nuclear facilities. They did that. The other thing that they were supposed to do was a lot less clear in the language of the Agreed Framework, which is tortured on this point, but generally we intended the language to put a burden on the North to engage the South directly in discussions that would reduce tensions on the Korean Peninsula. This they were slow to do. Of course, in recent times it has not been an issue because there has been very remarkable dialogue between the North and the South.

For our part, the North has complained that we did not remove the limits on economic contacts between the United States and North Korea and that we have not generally been as forthcoming as the Agreed Framework, they believe, would have us be. I was not for a long time sympathetic to that and I am not now because we had our own complaint about North Korea's failure with respect to their obligations to engage the South.

As to the two substantive commitments we have, one is the delivery of the heavy-fuel oil, and the scheduling of the heavy-fuel oil is not what we had told the North Koreans we would try to do in terms of the amount of tons of heavy-fuel oil per unit of time. But it has gotten delivered. The second is with respect to the reactors. I've always been a little unhappy with the suggestion that we are behind schedule. When the North wanted a schedule, I resisted because I knew, based upon what I had been told, that it was going to be very hard to clearly predict how long it was going to take to build two 1,000-megawatt light-water reactors in North Korea. We have a pretty good idea how long it would take in South Korea (and we can still get that wrong) because we've built—with the help of various others—reactors in the South, but no one has built a large reactor in the North. So even apart from the political issues surrounding this, the technical issues can be quite significant. However, we did provide the North a notion of how long it would take, and we're not moving as quickly as we would like with the construction of the reactors.

But I would not want to characterize any of this as failure to take the steps envisioned in the Agreed Framework. These things are complicated—sometimes the language is soft, sometimes the technical obstacles are significant, sometimes the politics causes delays in implementation—but generally we have been proceeding according to the steps envisioned in the Agreed Framework pretty well.

Putin Reaffirms Arms Sales, Nuclear Assistance to Iran

Wade Boese

Hosting a visit by Iranian President Mohammad Khatami on March 12, Russian President Vladimir Putin reaffirmed that Russia would pursue new arms sales to Iran and complete construction of a nuclear power plant at Bushehr. Long critical of Moscow's relations with Tehran, Washington immediately expressed concern and warned Russia that selling advanced weapons and technologies to Iran could jeopardize better relations with the United States.

Early last November, the Kremlin notified the United States that on December 1 Russia would withdraw from a June 1995 agreement to end arms sales to Iran. Russia had not strictly adhered to the agreement, selling an estimated $200 million in weapons to Iran between 1996 and 1999, according to the Congressional Research Service. Nevertheless, the State Department believes the agreement succeeded in limiting Russian arms deals during the period, and it opposes Russia's abrogation of its commitment.

Russia and Iran did not finalize any specific weapons contracts during Khatami's four-day visit to Russia, but deals may be signed later this spring or early summer. The two sides did sign a number of agreements, including a Treaty on the Foundations of Mutual Relations and the Principles of Cooperation, aimed at expanding bilateral relations and trade.

Putin and other senior Russian officials have said only defensive weapons will be sold to Iran, but State Department spokesman Richard Boucher noted on March 12 that Moscow has not been "quite clear" on what qualifies as defensive weaponry. Russian and Iranian press reports suggest that tanks, armored combat vehicles, fighter aircraft, helicopters, shoulder-fired surface-to-air missiles, and advanced S-300 air defense systems may all be on Iran's shopping list, though it remains unclear whether Iran could afford to purchase that amount of weaponry.

Putin justified the potential deals on March 12, stating that "Iran has the right to ensure its security and defense capability" and explaining that Russia has "economic reasons" for making such sales. Since assuming the Russian presidency, Putin has pushed to increase Russian revenue from weapons sales by trying to revive sales to old Soviet clients and seeking new arms markets and by reducing competition between Russian arms companies, which had been driving Russian weapons prices down.

Testifying before the Senate Budget Committee on March 14, Secretary of State Colin Powell implied that, if it wants improved relations with the United States, Russia should rethink to whom it sells arms. "It would not be wise to invest in regimes that are not following accepted standards of international behavior," Powell declared. The U.S. government classifies Iran as a state sponsor of terrorism and believes Iran is seeking to develop nuclear weapons despite its legal obligation not to under the nuclear Non-Proliferation Treaty.

Depending on what types of arms Russia sells Iran, it could engender more than just ill will from Washington. The 1992 Iran-Iraq Arms Non-Proliferation Act calls on the United States to impose sanctions on countries supplying "destabilizing numbers and types of advanced conventional weapons" to either Baghdad or Tehran. Other U.S. legislation prohibits U.S. foreign assistance funds from being sent to countries that deliver "lethal military equipment" to states sponsoring terrorism. A March 16 bipartisan letter to President George W. Bush from 29 U.S. representatives reminded him of this latter legislation and asserted that the results of Russia's March 12 meeting with Iran "warrants the immediate attention of the United States and requires appropriate, significant action."

Not directly related to Putin's visit with Khatami, on March 13 President Bush declared a national emergency with respect to Iran, an action necessary for keeping U.S. sanctions in place that have been mandated by executive orders. The national emergency expires every year on March 15, requiring an executive extension. Bush, according to a White House statement, extended the emergency because Iranian actions and policies "continue to threaten the national security, foreign policy, and economy of the United States."

Although much of the recent U.S. criticism focused largely on Russia's almost certain future arms sales to Iran, Boucher added on March 13 that the United States did not think Russian cooperation with Iran in the nuclear sphere is "well advised." Russia has a contract to complete a nuclear reactor at Bushehr, and Putin stated that Moscow would finish the project even though work has been delayed, a holdup he attributed to "sluggishness on both the Iranian and Russian side." The reactor is scheduled to be completed in 2003.

Putin stressed that Russia's nuclear cooperation with Iran is conducted "in accordance with the rules of [the International Atomic Energy Agency (IAEA)] and under its control." The IAEA is responsible for verifying that nuclear facilities and materials under its supervision are not used or diverted for weapons purposes.

Iran also reportedly again raised its interest in a second reactor for the same site after Russia finishes work on the current one. Putin may have alluded to Iran's plans during his March 12 remarks when he noted Tehran "has plans for expanding its nuclear power industry, and the Russian Federation, in accordance with international rules, is interested and willing to take part in the appropriate tenders for participation in this work."

U.S. Considers Retargeting Iraqi Sanctions Regime

Alex Wagner

Looking to strengthen the deteriorating sanctions regime imposed on Baghdad after the Persian Gulf War, the Bush administration is considering focusing the restrictions solely on Iraq's proscribed weapons programs. According to Secretary of State Colin Powell, the most "attractive" approach to boosting international support for the regime would involve "eliminating those items in the sanctions regime that really were of civilian use and benefited people and focus exclusively on weapons of mass destruction."

During the past year, the sanctions regime, which the United Nations put in place after Iraq's 1990 invasion of Kuwait and which severely restricts Iraq's economic interaction with the rest of the world, has appeared to weaken considerably. Reported violations include rampant smuggling of goods into and out of Iraq, Iraqi receipt of oil surcharges not authorized by the United Nations, and illegal exports of oil from Iraq via its pipeline with Syria.

International support for the regime has also waned, with Russia, France, China, and Arab states voicing strong criticism about the humanitarian impact the sanctions are having on ordinary Iraqi citizens. After returning from a late February tour of Mideast capitals, Powell expressed concern that "more and more nations were saying let's just get rid of the sanctions, let's not worry about inspectors, let's just forget it."

Although the Bush administration has yet to provide any details about its proposal, press reports have indicated that it is considering removing controls on almost all consumer goods exports to Iraq and allowing Iraq's neighbors to purchase Iraqi oil at discounted prices in return for cooperating with the sanctions overhaul. According to the administration, the net impact of such a policy would be to encourage regional support for sanctions, discourage smuggling, and focus international efforts on inhibiting Iraq's pursuit of weapons of mass destruction. Depending on the nature of the changes, alterations to the sanctions regime would need approval from the UN committee that oversees the Iraqi sanctions or the UN Security Council.

The administration appears to have received support for modifying the sanctions regime from Iraq's neighbors. Referring to Powell's recent trip to the region, State Department spokesman Richard Boucher said, "We found substantial support for the idea of keeping tight controls on weapons, on money, on smuggling, and taking steps to tighten up on those things at the same time as we were able to smooth out the flow of civilian goods to the civilian population." Russia and France have also expressed interest in the proposal.

The administration's suggested approach does not appear to address Baghdad's continued noncompliance with UN Security Council resolutions demanding inspections to verify that Iraq has eliminated its weapons of mass destruction programs. No weapons inspectors have been allowed in Iraq since December 1998, when the United States and Britain launched three days of punitive airstrikes against Iraq for its failure to cooperate fully with inspectors from the United Nations Special Commission (UNSCOM).

While expressing support for inspections in an interview published March 5 in The Washington Times, Vice President Richard Cheney said the U.S. priority was to revitalize the sanctions regime and then to work on reintroducing inspectors to Iraq. "I think we'd like to see the inspectors back in there," Cheney said, but "I don't think we want to hinge our policy just to the question of whether or not the inspectors go back in there."

Baghdad has not reacted favorably to U.S. interest in modifying the terms of the sanctions and has said that, even if sanctions were lifted, it would not allow weapons inspectors into Iraq unless every other country in the region, including Israel, was subjected to the same scrutiny.

Toward a New Nuclear Posture: Challenges for the Bush Administration

Robert Kerrey and William D. Hartung

After almost a decade of gridlock on U.S. strategic policy, President George W. Bush's mid-February decision to undertake an immediate review of the U.S. arsenal with an eye toward making deep cuts in nuclear weapons was a welcome step in the right direction. More than five decades into the atomic age, a radical downsizing of the U.S. nuclear arsenal is long overdue.

But overhauling the U.S. nuclear posture presents considerable challenges. To ensure that the current review does not simply end up ratifying a "Cold War lite" nuclear stance, as occurred when the Clinton administration undertook a similar review, Bush and his top national security advisers need to take charge of the review process by setting clear goals and challenging the shopworn, status quo assumptions of the nuclear bureaucracies at the Pentagon and the Department of Energy. Strong presidential leadership is a basic precondition for achieving substantial reductions in U.S. nuclear forces.

Furthermore, if President Bush is serious about his pledge to "discard Cold War relics and reduce our own nuclear forces to reflect today's needs," it will also be essential to incorporate the views of members of Congress, non-governmental analysts, and experts who have been involved in the development of U.S. nuclear weapons and nuclear policy in past administrations. Without a well-informed national debate about what purpose, if any, nuclear weapons should serve in a revised U.S. national security strategy, the political consensus needed to support real changes in U.S. policy will not be achieved.

Perhaps the most basic challenge of all for the Bush administration will be deciding whether it wants to take a unilateralist approach to U.S. nuclear policy that relies on an ambitious missile defense program and the development of a new generation of nuclear weapons, or a more cooperative stance in which the United States takes the lead in promoting reductions in global nuclear stockpiles by updating and expanding upon existing arms control agreements. As part of the posture review, the Bush administration will have to think hard about the value of pursuing a complex, costly, and unproven missile program that could become an obstacle to U.S.-Russian nuclear arms reductions and a catalyst for a major buildup of Chinese nuclear forces.

 

A Decade of Delay

Ten years after the end of the Cold War, the risk of a nuclear attack is still the single greatest threat to our national survival. Yet since 1993, when President George Bush and Russian President Boris Yeltsin signed START II, further reductions in Washington's and Moscow's arsenals of nuclear overkill have been held hostage to political posturing, bureaucratic inertia, and short-term thinking.

On the U.S. side of the nuclear divide, both major political parties bear a share of the responsibility for what is now nearly a decade of missed opportunities for nuclear arms reductions. The Clinton administration was far too timid in its own reassessment of U.S. nuclear deterrence needs, and its "go slow" approach to nuclear reductions was exacerbated by the actions of Republicans on Capitol Hill, who joined together with a number of their Democratic colleagues to pass annual legislation that prevents the president from reducing U.S. strategic forces below START I levels of 6,000 warheads or from taking U.S. forces off high-alert status.

Meanwhile, in Moscow, harsh political battles between President Boris Yeltsin and opposition parties in the Duma repeatedly delayed Russian ratification of START II, which would reduce the number of deployed strategic warheads to 3,000-3,500. It was not until Vladimir Putin succeeded Boris Yeltsin as president that the arms control logjam in Moscow was pried loose. In March 2000, the Duma ratified both START II and the Comprehensive Test Ban Treaty (CTBT) just in time for the review conference on the nuclear Non-Proliferation Treaty (NPT).

The presentations at that conference served as a good illustration of the nuclear inertia that plagued the 1990s, especially on the U.S. side. While Russian representatives came to the NPT review conference with two freshly ratified arms control treaties in hand, the senior U.S. representative to the conference, Secretary of State Madeleine Albright, had nothing to show in the way of new U.S. commitments to nuclear reductions since the previous review meeting in 1995. To make matters even worse, the negative international repercussions of the U.S. Senate's October 1999 vote against ratification of the CTBT still lingered.

In an effort to put the best possible face on this embarrassing situation, the State Department put up an impressive exhibit at UN headquarters in New York detailing the thousands of nuclear weapons that the United States had withdrawn from service and dismantled during the 1990s. But the well-crafted presentation left out one important point: all of the reductions implemented during the Clinton administration were carried out pursuant to arms reduction agreements that had been negotiated prior to its tenure, during the Reagan and Bush administrations. On the critical issue of achieving further reductions in the size of the U.S. and Russian nuclear stockpiles, the Clinton administration had basically been treading water.

An important reason for the "decade of delay" in nuclear arms reductions was the Clinton administration's mishandling of the 1994 nuclear posture review. According to analyst Janne Nolan, what started out as a fundamental review of the U.S. nuclear posture in the first year of the new administration degenerated under the weight of "bureaucratic inertia and a lack of presidential leadership" into an extremely cautious set of recommendations suggesting "no significant changes in the nuclear posture of Clinton's predecessors."1

Clinton's first secretary of defense, Les Aspin, and the assistant secretary in charge of overseeing the review, Ashton Carter, initially conceived of it as an effort to seek a wide range of options for restructuring U.S. nuclear forces, including the possibility of making major changes, such as the complete elimination of land-based intercontinental ballistic missiles. When push came to shove, however, these new ideas were forcefully opposed by mid-level Pentagon officials, and Carter was not given sufficient support from senior levels of the administration—up to and including the president—to overcome this intense bureaucratic resistance.2

By contrast, when George Bush's administration conducted a similar review, the president, then-Secretary of Defense Richard Cheney, and then-Chairman of the Joint Chiefs of Staff Colin Powell were all closely involved in the process. That high-level focus allowed for significant changes in the size of the U.S. nuclear target list. As a result of its lack of firm leadership from the top, the Clinton administration missed an historic opportunity to promote deep cuts in U.S. and Russian nuclear arsenals and to parlay those cuts into political leverage over other nuclear-armed nations and aspiring nuclear powers.

This is not to suggest that the Clinton record on nuclear arms control was without accomplishment. Vice President Al Gore did important work in helping to broker the denuclearization of the former Soviet republics of Ukraine, Belarus, and Kazakhstan, and the administration's consistent support for cooperative threat reduction programs provided important resources for the destruction of Soviet delivery vehicles and the control of bomb-grade fissile materials. Through the Agreed Framework, the administration was able to stop Pyongyang's nuclear weapons program and in subsequent negotiations it made significant progress toward an agreement to cap North Korea's ballistic missile programs. But much more could have been accomplished if the president and his top advisers had made nuclear arms reductions a political priority.

 

A Fresh Perspective

On May 23, 2000, in the face of ongoing questions about whether he had sufficient foreign policy expertise to serve as president, then-presidential candidate George W. Bush made an appearance at the National Press Club to present his vision of a new U.S. nuclear policy. In an attempt to add gravitas to the proceedings, Bush was joined by a group of distinguished Republican foreign policy experts, but the event proved to be more than just another campaign photo opportunity. Bush used the speech to challenge the existing orthodoxy on U.S. nuclear weapons policy.

While a significant portion of the speech was devoted to reiterating Bush's controversial proposal for the deployment of an extensive national missile defense system, the most forward-looking elements of his statement were his endorsement of reductions in U.S. nuclear weapons stockpiles to "the lowest possible number consistent with our national security" and his call for removing "as many weapons as possible from high-alert, hair-trigger status." In direct contradiction to the stance adopted by his Republican colleagues on Capitol Hill, who had been obstructing efforts to reduce deployed U.S. forces below START I levels of 6,000 warheads, Bush suggested that "it should be possible to reduce the number of American nuclear weapons significantly further than has already been agreed to under START II without compromising our security in any way." Early on in the speech, Bush struck a conciliatory tone toward Moscow, observing that since "Russia is no longer our enemy…[o]ur mutual security need no longer depend on a nuclear balance of terror." In perhaps the most memorable phrase of the speech, Bush argued that unnecessary weapons based on outmoded targeting scenarios are nothing more than "the expensive relics of dead conflicts."

His decision shortly after taking office to order a serious review of the U.S. nuclear posture suggests that Bush's speech was more than just an exercise in campaign rhetoric designed to demonstrate that he was "up to the job" of serving as commander-in-chief. The question is whether the elements of the president's nuclear policy can be fashioned into a coherent, constructive whole. As currently envisioned, the Bush policy has a fundamental contradiction: his administration's enthusiastic embrace of missile defenses, combined with its denigration of long-standing arms control arrangements, could spark a new arms race that would undercut the rationale for his commitment to constructive measures such as deep cuts and de-alerting.

It remains to be seen whether President Bush can find a way to harmonize the contradictory strands in his emerging nuclear doctrine. His choice of long-time missile defense advocate Donald Rumsfeld as his secretary of defense indicates a strong commitment to this element of his proposed nuclear policy. Since taking office, Rumsfeld has attempted to create an air of inevitability about U.S. deployment of long-range missile defenses by suggesting that the issue is no longer whether the United States will deploy such a system but when. He has alternated between harsh anti-arms control rhetoric—such as his comment during his confirmation hearings that the Anti-Ballistic Missile (ABM) Treaty is "ancient history"—and more conciliatory statements, such as his reference in those same hearings to the need to "refashion the balance between defenses and deterrence."

If Rumsfeld truly seeks a balance, rather than pursuing missile defenses regardless of the economic, diplomatic, and security costs, then the Bush agenda of security-enhancing nuclear reductions may be achievable. But a unilateral decision to deploy missile defenses regardless of the concerns expressed by Russian officials would almost inevitably provoke Moscow to modernize its nuclear missile forces and keep a significant proportion of them on high-alert status. Furthermore, a National Intelligence Estimate assessing the potential security impact of U.S. deployment of a missile defense system conducted last year reportedly indicated that an abrupt U.S. decision to deploy missile defenses would probably spark an increase in the nuclear and missile forces of China, Pakistan, and India.3

Under this turbulent scenario of nuclear arms buildups and the hawkish domestic political climate that would likely follow, it is hard to see how a policy of deep reductions in U.S. nuclear forces would be sustainable. And even if the Bush administration could make some cuts in our own arsenal in the face of Russian and Chinese nuclear expansion, the net result would hardly be a safer world. Pursuing missile defenses as a fallback against rearmament in an environment of deep cuts or elimination of current arsenals would be one thing, but pursuing them without serious regard for the likely response of other nuclear powers can only serve as an obstacle to what should be the overriding goal of U.S. policy: to safely eliminate as many nuclear weapons as possible, not only in the United States, but in all states with nuclear weapons.

Despite these contradictions, Bush seems serious about pursuing deep nuclear reductions, but there is a danger that the administration may pursue changes to the nuclear arsenal that are destabilizing and dangerous, rather than security enhancing. The administration's nuclear review will reportedly lean heavily on the findings of a January 2001 report by the National Institute for Public Policy (NIPP).4 The NIPP report was directed by Keith Payne, who was the co-author of an infamous 1980 essay on U.S. nuclear policy that ran in Foreign Policy magazine under the ominous title "Victory Is Possible." Among the participants in the study panel were Stephen Hadley and Robert Joseph, both of whom are now responsible for nuclear policy issues at the National Security Council.

The NIPP report sheds important light on the "unilateralist" strain in the thinking of key Bush advisers. The report's basic thrust is in an era of strategic uncertainty, when the United States is not even sure who its adversaries may be, it needs the flexibility to reduce or reconstitute its nuclear forces as circumstances require, ideally without the limits imposed by negotiated arms control agreements. Part of this new "flexibility," the report suggests, includes developing "future deterrent and wartime roles" for U.S. nuclear weapons that would include the following: using U.S. nuclear weapons to deter other nations from undertaking an attack on the United States using chemical or biological weapons; employing U.S. nuclear weapons to limit U.S. casualties in a major conventional conflict; and using U.S. nuclear weapons for "special targeting requirements," such as attacking hardened underground military and command facilities.5

If the thinking reflected in the NIPP report were to become the basis for the Bush nuclear policy, the security benefits derived from reducing U.S. nuclear forces could be canceled out by the new dangers inherent in a policy which legitimizes the use or even the threat of use of nuclear weapons in certain regional conflict scenarios. This would be a disastrous doctrine. It would likely spur nuclear proliferation and it would contradict the U.S. commitment under Article VI of the nuclear Non-Proliferation Treaty to take concrete steps toward eliminating its nuclear arsenal, a commitment that was reaffirmed at the 2000 NPT review conference.

Thankfully, it appears that the Bush administration is not of one mind on the issue of making "usable," low-yield nuclear weapons the centerpiece of a new U.S. nuclear doctrine. Secretary of State Colin Powell, for example, decided against using or threatening to use nuclear weapons in the 1991 Persian Gulf War. In his best-selling memoir, Powell traces his own reservations about the wisdom of using nuclear weapons in a wartime role to a discussion he had during a 1986 war-gaming exercise that involved using battlefield nuclear weapons to blunt a Soviet conventional attack on West Germany: "No matter how small these nuclear payloads were, we would be crossing a threshold. Using nukes at this point would mark one of the most significant political and military decisions since Hiroshima…. At that point, I began rethinking the practicality of these small nuclear weapons."6

Hopefully, Powell's practical views on issues ranging from the CTBT, which he has supported in the past, to the need to continue the dialogue with North Korea about capping its ballistic missile programs, which has been put on hold by the president despite Powell's advice to the contrary, will ultimately prevail within the Bush administration. If the nuclear unilateralists prevail, President Bush's pledge to cut U.S. nuclear arsenals and reduce global nuclear dangers may never come to fruition.

 

Outlines of a New Policy

The most important contributing factor to the success of the Bush administration's proposal to reduce nuclear dangers will be its diplomatic approach. The president will have to demonstrate that the United States is serious about using its current position of unparalleled strength to exert genuine international leadership. The United States must be perceived as willing to use its unprecedented power for the common good of the international community, not just for its own self-interest, narrowly defined. The provocative, unilateralist tone that has colored recent remarks by Rumsfeld and his deputy, Paul Wolfowitz, is liable to provoke a political and military backlash from allies and adversaries alike. The more moderate, cooperative stance struck by Powell is far more likely to yield positive results in reducing global nuclear dangers. The question is, which approach will President Bush adopt?

The key area in which the issue of unilateralism versus cooperative leadership will come into play is the question of national missile defense (NMD). If the goal of NMD is to reduce the threat of a ballistic missile attack on the United States, it makes eminent sense to vigorously pursue diplomatic preventive measures now, before nations of concern have developed the capability to reach U.S. soil with a nuclear-armed ballistic missile. If President Bush wants to supplement his program of nuclear reductions by developing a national missile defense system, he must do so in a realistic fashion that takes into account the limits of existing technologies, the costs of the proposed system, and the impacts on arms control and the behavior of potential adversaries.

Most experts agree that it will take at least five to 10 years to develop even a modest capability to knock down a handful of incoming warheads. In the time it will take to see if such a system is worth deploying, we can and should be making great strides toward reducing the nuclear threat using all the other tools we have at our disposal—diplomatic, legal, and economic. If we do our work well, in five years time the need to construct a missile defense system to overcome the nascent threats from North Korea, Iran, or Iraq may be rendered moot by changes in the local, regional, and international political landscapes. Whatever difficulties or obstacles may arise, it would be irresponsible not to pursue all reasonable channels for stemming the proliferation of ballistic missiles and nuclear weapons in tandem with any missile defense development effort.

Reducing nuclear weapons will also require enlightened leadership on the domestic front. As an integral part of the nuclear posture review, President Bush should immediately direct the secretary of defense to brief every member of Congress on the Single Integrated Operational Plan (SIOP), the Pentagon's top secret nuclear target list. Unless members of Congress understand the enormity of our current arsenal and the awesome destructive power of nuclear weapons at a gut level, they will not understand the urgent need for action, nor will they be willing to provide the resources required for safe reductions of global arsenals. When the principal author of this article served as the ranking Democrat on the Senate Intelligence Committee, he repeatedly sought a briefing from the Pentagon on the SIOP but was never granted one. As of this writing, it is not clear whether any current member of Congress has had such a briefing. At a minimum, members of the intelligence, armed services, and defense appropriations committees of the House and Senate should receive such a briefing as a first step toward piercing the veil of secrecy and bureaucratic privilege that has contributed to keeping the U.S. nuclear arsenal at dangerously high levels.

As a major step toward reducing and eventually eliminating our own nuclear arsenal (as we have committed to doing under the NPT), the Bush review should consider moving toward a minimum deterrent posture involving hundreds, not thousands, of nuclear warheads. Just one of our Trident submarines can launch up to 192 independently targetable warheads, each with a yield approximately 30 times as powerful as the bomb that was dropped on Hiroshima at the end of World War II. Two or three of these submarines should provide more than enough destructive power to deter any nation from contemplating a nuclear attack on the United States, its allies, or its forces. A minimum deterrent posture would also entail changing the purpose of U.S. nuclear weapons so that U.S. nuclear weapons would only be used to deter or retaliate against the use of nuclear weapons against U.S. territory or allies. U.S. conventional forces are sufficiently powerful and resilient to provide a deterrent or retaliatory capability against a state wielding chemical or biological weapons and perhaps even against a nation with a small nuclear arsenal.7

As for the question of reducing U.S. forces unilaterally, President Bush should consider the approach taken during his father's administration, in which reciprocal unilateral steps by Washington and Moscow were utilized as a way to speed the process of nuclear reductions, not as an alternative to arms control agreements. The firestorm of criticism from allies and potential adversaries alike over the Bush administration's suggestion that it might break out of the ABM Treaty gives a preliminary indication of how dangerous and unpredictable a world without nuclear arms control arrangements could be. Provoking an environment of nuclear anarchy is not in the interests of the United States or any other nation. As the world's pre-eminent military power, the United States actually has more to lose under an "every nation for itself" approach to nuclear weapons development and deployment than virtually any other state.

Along with any reductions it pursues in the U.S. arsenal, the Bush administration should also ease Russian nuclear cuts through a major expansion of the Nunn-Lugar threat reduction program, which has been providing several billion dollars per year to assist Russia in dismantling nuclear weapons and safely disposing of bomb-grade fissile materials. President Bush expressed support for the Nunn-Lugar concept during the campaign. It is now time to back up that commitment. Hopefully, the recent revelations regarding a review of U.S.-Russian programs in this area represent a good faith effort to fine tune the Nunn-Lugar program in ways that make it more effective, not the beginning of an attempt to reduce resources devoted to these activities, which have contributed to the deactivation of more than 5,200 Russian nuclear warheads and 400 long-range missiles.

Unfortunately, reports emerged at the end of March that the White House Budget Office is contemplating steep cuts in key cooperative threat reduction initiatives, including a sharp decrease in the program designed to help Moscow control and account for its bomb-grade nuclear materials. If implemented, these cuts would directly contradict the recommendations of a recent bipartisan panel co-chaired by former Senate Majority Leader Howard Baker (R-TN), which recommended a $30 billion increase in Nunn-Lugar-style programs over the next decade to head off a situation in which Russia could become "a virtual 'Home Depot' for would-be proliferators."

Finally, as part of the nuclear posture review, the president should move swiftly to implement his campaign pledge to take as many U.S. nuclear weapons as possible off high-alert status. As long as the United States and Russia maintain such large nuclear arsenals, the prospect of an accidental launch is real, as we learned a few years back when President Yeltsin reportedly came close to ordering an attack on the United States after Russian radars mistook a Norwegian satellite launch for a U.S. missile attack. General Lee Butler, the former head of the U.S. Strategic Command, has spoken of the "mind-numbing compression of decision-making under threat of a nuclear attack," in which the decision to launch a nuclear-armed missile must be made within a matter of minutes. It is in no one's interest—not in Washington, not in Moscow, not in Beijing, not anywhere—for the decisions on whether to use these devastating weapons to continue to be made on such short notice.

We should seize the occasion of the nuclear posture review to reinforce the most positive elements of President Bush's proposal: his calls for immediate, substantial reductions in the U.S. arsenal and de-alerting of as many U.S. and Russian nuclear weapons as possible. But to accomplish this worthwhile goal and break the nuclear gridlock that has paralyzed nuclear reduction efforts for nearly a decade, the president will need to curb the unilateralist impulses of a number of his key advisers and build upon this nation's bipartisan record of arms control and arms reduction initiatives.

In doing so, President Bush will have ample precedent in the record of Ronald Reagan, who began his time in office pursuing an across-the-board modernization of the U.S. nuclear arsenal and an expansive missile defense shield but ended up putting missile defense on the back burner and agreeing to the elimination of theater nuclear forces in Europe and, in principle, to substantial reductions in long-range Soviet and U.S. nuclear forces. We can only hope that President Bush will be as creative in adapting to the circumstances and opportunities of our era as President Reagan was in the 1980s. If so, his vision of a safer world with far fewer nuclear weapons can and will be realized.

 

NOTES

1. Janne E. Nolan, "Preparing for the 2001 Nuclear Posture Review," Arms Control Today, November 2000, p. 13.

2. For a thorough analysis of the 1993-1994 nuclear posture review, see Janne E. Nolan, An Elusive Consensus: Nuclear Weapons and American Security after the Cold War (Washington, D.C.: Brookings Institution, 1999), p. 35-62.

3. See, for example, Bob Drogin and Tyler Marshall, "Missile Shield Analysis Warns of Arms Buildup," The Los Angeles Times, May 19, 2000, p. A1.

4. Steven Lee Myers, "Bush Takes First Step to Shrink Arsenal of Nuclear Warheads," The New York Times, February 9, 2001, p. A1.

5. National Institute for Public Policy, Rationale and Requirements for U.S. Nuclear Forces and Arms Control, Volume I, Executive Report, January 2001.

6. Colin Powell with Joseph E. Persico, My American Journey (New York: Ballantine Books, 1995), p. 313.

7. For more on this latter point, see the interview with General Lee Butler in Jonathan Schell, The Gift of Time: The Case for Abolishing Nuclear Weapons Now (New York: Henry Holt/Metropolitan Books, 1998), p. 203-205.

 


Robert Kerrey, a former Democratic senator from Nebraska, is president of New School University. William D. Hartung is president's fellow and director of the Arms Trade Resource Center at New School University's World Policy Institute.

The Chemical Weapons Convention: Has It Enhanced U.S. Security?

Jonathan B. Tucker

Long before the Chemical Weapons Convention (CWC) became international law, the United States decided that the possession and use of chemical arms was not in its national interest. In November 1985, Congress mandated that the U.S. stockpile of unitary chemical weapons be unilaterally destroyed. Then, in May 1991, in the aftermath of the Persian Gulf War, President George Bush went one step further by declaring that the United States would formally forswear the use of chemical weapons for any reason, including retaliation, once the CWC entered into force.

By signing the convention in January 1993 and ratifying it in April 1997, the United States sought to ensure that other nations would also renounce the possession and use of chemical weapons, reducing the risk that U.S. civilians or soldiers would face poison gas at home or on the battlefield. The CWC requires member states to destroy all chemical weapons stockpiles and dedicated production facilities within a decade of entry into force and to renounce their reacquisition in the future. Functioning both as a disarmament and a non-proliferation measure, it is the first multilateral treaty to require the elimination of an entire category of weapons under strict international monitoring.

Although April 29 marks the fourth anniversary of the CWC's entry into force, the perceived threat of chemical weapons has not diminished significantly, raising the question of how effective the convention has been in enhancing U.S. security. That question is particularly germane now, with the arrival of a new administration in Washington. Despite the fact that the CWC was one of the major foreign policy legacies of the first Bush presidency, President George W. Bush and his advisers have generally taken a skeptical view of multilateral arms control.

The CWC may not be a panacea for the problem of chemical weapons proliferation—it must be augmented with other measures such as export controls and protective equipment—but it is a potentially powerful instrument in the U.S. policy toolkit. Compared with earlier treaties such as the Biological Weapons Convention and the nuclear Non-Proliferation Treaty, the CWC is unique in the depth and breadth of its verification mechanisms, which include national declarations, routine on-site inspections, consultation and clarification mechanisms, and state-party-initiated challenge inspections. The convention also breaks new ground in the extent to which it monitors dual-use facilities in the private sector, in this case, the commercial chemical industry.

Several key states of concern are not yet members of the CWC, but as the treaty approaches universality, it will cement a worldwide norm against the possession and use of chemical weapons. And although the convention is binding only on states, it has indirect effects on the problem of chemical-weapons terrorism because states-parties are required to pass domestic implementing legislation making the prohibitions in the treaty binding on their nationals living both at home and abroad and imposing punitive sanctions for violations.

Unfortunately, the United States has not used the CWC effectively over the past four years to benefit its own interests or to further international security. Instead, Washington has weakened the convention by not complying fully with its affirmative obligations and by failing to make use of mechanisms within the treaty, such as challenge inspections, to resolve compliance concerns.

 

Assessing CWC Implementation

The results of the first four years of CWC implementation have been mixed. On the positive side of the ledger, the number of states-parties has grown rapidly, reaching 143 by early 2001 and including major regional powers such as Russia, China, and Iran. Four countries—the United States, Russia, India, and South Korea—have declared chemical weapons stockpiles totaling 69,863 metric tons of chemical agents and nearly 8.4 million munitions and containers. Significantly, after many years of denials, India and South Korea decided to come clean about their chemical weapons stockpiles.

All of the declared possessors except Russia have begun destroying their chemical weapons and have met the first intermediate destruction deadline in the CWC to eliminate 1 percent of their most dangerous stocks by April of last year. To date, the agency overseeing CWC implementation, the Organization for the Prohibition of Chemical Weapons (OPCW), has helped to eliminate roughly 7 percent of the world's chemical agents and 15 percent of its chemical munitions and has conducted hundreds of inspections at chemical weapons sites and relevant industry facilities. In addition, 11 states-parties have declared current or past chemical weapons production facilities, which must either be dismantled or converted to peaceful purposes.

Despite these successes, Iraq, Libya, Syria, and North Korea—all states that are of particular concern to Washington and that are thought to possess chemical weapons—remain outside the regime, with no short-term prospect for their inclusion. The nonparticipation of these states and others, such as Egypt and Israel, poses a major obstacle to achieving the treaty's fundamental goal of eliminating chemical weapons from the planet.

Other dark clouds lurk on the horizon: a serious financial crisis at the OPCW threatens to force a major cutback in verification activities; Russia is experiencing serious delays in its chemical demilitarization program; growing constraints on the intrusiveness of on-site inspections are reducing the OPCW's ability to build confidence in compliance; and a lack of political will on the part of member states to confront suspected violators by launching challenge inspections lessens the likelihood that states will use this important tool to address compliance concerns.

Unless these negative trends are reversed, they could fatally undermine the ability of the convention to achieve the security goals that the United States and other nations had in mind when ratifying the treaty. Ironically, although the United States played a key role in the CWC negotiations in Geneva and has the most to gain from a successful convention, a failure of U.S. leadership is at least partly to blame for many of the CWC's implementation problems.

 

Financial Crisis at the OPCW

Each CWC member state is obliged to contribute to the OPCW's $55 million annual budget. About two-thirds of states-parties have failed to pay their regular assessments, however, while others, including the United States, have not reimbursed the organization for the full costs of verification activities on their territory, as required by the convention. Compounding this problem is the unwillingness of many member states sitting on the OPCW's governing body, known as the Executive Council, to punish states for nonpayment of dues—apparently because they, too, are in arrears. As a result of these shortfalls, the organization is facing a serious financial crisis.

In February 2001, OPCW Director-General José Bustani warned that budgetary constraints threaten to cripple the operations of the organization. Unless this situation is remedied, the OPCW may have to reduce its verification activities at operating chemical weapon destruction facilities in the United States, India, and South Korea, and to cut the number of industry inspections from the 140 it conducted last year to 25. The longer the OPCW faces an acute shortage of funds, the more profound will be the consequences for the effective implementation of the organization's mandate.

 

Russian Chemical Demilitarization

Russia's vast stockpile of chemical weapons inherited from the Soviet Union, totaling 40,000 metric tons, is the largest in the world. The cost of destroying this stockpile has been estimated at roughly $6 billion, which Moscow cannot afford. Indeed, after Russia acceded to the CWC in November 1997, a lack of funds from domestic and international sources was a major reason it was unable to begin destroying its chemical weapons. Other impediments included political and bureaucratic infighting, disagreements between the Russian federal authorities and leaders of the six regions where the weapons are stored, and public concerns about the environmental impact of chemical weapons destruction. Given the current financial situation, it is extremely doubtful that Moscow will meet the CWC's deadline for the destruction of its entire stockpile even if it is granted a one-time, five-year extension that would give it until 2012 to finish the task.

A recent reorganization of the Russian bureaucracy in charge of the chemical demilitarization program has cast a ray of hope into this dark picture. The Putin administration transferred responsibility for the program from the Ministry of Defense to a new civilian body called the Russian Munitions Agency, led by a seasoned bureaucrat named Zinoviy Pak. In March 2001, Pak proposed overhauling the 1996 federal plan, which called for building separate destruction facilities at each of the seven depots where chemical weapons are stored. Instead, the number of future destruction facilities would be scaled down to three: one near the town of Shchuch'ye to destroy munitions filled with nerve agents and two near the towns of Gorny and Kambarka to destroy blister agents stored in bulk tanks that are in danger of leaking and cannot be moved. Chemical weapons from the other four storage sites would be transported to Shchuch'ye for destruction, significantly reducing costs. The main obstacle facing the proposed plan is that the transportation of chemical weapons among Russian regions is prohibited by a 1997 federal law and by local legislation. Whether these laws can be rescinded is an open question.

 

Fallout From U.S. Implementing Legislation

In drafting the domestic legislation to ratify and implement the CWC, Congress and the Clinton administration included three unilateral exemptions that have undermined the multilateral treaty by creating a separate set of rules for the United States. The most damaging provision allows a U.S. president to refuse an on-site inspection by the OPCW on the grounds that it could pose a threat to national security. A second exemption prohibits the removal of chemical samples from U.S. territory for detailed analysis at independent laboratories overseas. The third exemption sharply limits the number of U.S. chemical facilities subject to declaration and routine inspection.

These unilateral U.S. provisions have been serious impediments to effective implementation of the CWC, both because they violate the nondiscriminatory spirit of the treaty and because they set a bad example that other countries have begun to follow. Although Clinton administration officials sought to play down the impact of the exemptions, they have clearly had a corrosive effect. Several foreign governments have taken note of the provisions and some, such as India and Russia, have initiated steps to duplicate them. Even if a future U.S. president never invokes the national security waiver to block a challenge inspection, another country, such as Iran, might well decide to exploit this loophole. In that case, Washington would be in a weak position to criticize.

Beyond its flawed implementing legislation, the United States did not submit its declaration of relevant chemical industry facilities to the OPCW until early May 2000, three years after the deadline in the CWC. This delay, attributable to difficulties in passing the required implementing legislation and a squabble within the executive branch over which agency would have the lead for treaty implementation, seriously disrupted the industry inspection process. Because of Washington's extreme tardiness in preparing its industry declaration, U.S. chemical companies were unavailable for routine inspections for three years, forcing the European Union to bear the brunt of the industry inspection regime. The European states finally rebelled in 1999 and refused to accept additional CWC inspections until the United States came into compliance. Moreover, other countries that were late in filing their own declarations, including Iran, were only too happy to hide behind the U.S. example. Paralyzed by its own failure to comply with the letter of the treaty, Washington was in no position to point a finger at Tehran for technical—or even substantive—noncompliance.

 

Weakening of Verification Measures

The negotiators of the CWC sought to achieve a reasonable balance between two conflicting objectives: on the one hand, providing sufficiently intrusive verification to build confidence in compliance, and, on the other hand, protecting non-treaty-related trade secrets and national security information. Over the past four years, states-parties have increasingly shifted this delicate balance by giving precedence to protecting confidential information over transparency concerns, with the unfortunate result of eroding the intrusiveness of the CWC verification regime.

During inspections at industry sites, for example, states-parties have begun to adopt a number of practices that clearly diverge from the intent of the treaty negotiators. On the grounds of protecting proprietary or national security information, countries hosting inspections have sought to limit the access of OPCW inspectors to plant sites and facility records, preventing them from obtaining the data they need to accomplish the aims of their inspection mandate. Also, CWC members have approved procedures giving host governments the right to confiscate and retain any piece of recording equipment that host officials claim has not been satisfactorily cleared of data unrelated to treaty compliance.

Even more egregious, OPCW inspectors are currently required to allow host officials to copy all of the information in their notebooks, laptop computers, electronic cameras, and video recorders before they depart from an inspected industry site. This new policy clearly conflicts with provisions in the CWC guaranteeing the inviolability of inspection records so that the inspectors can perform their duties without undue interference from hostile government officials or plant managers. So far, the United States has been either unable or unwilling to block these negative developments.

Inspections at U.S. industrial plants that produce, process, or consume treaty-controlled chemicals provide another example of how CWC implementation has become less intrusive than the treaty negotiators intended. When hosting industry inspections, U.S. government officials have narrowly defined the perimeter of the plant site and restricted the access of OPCW inspectors to the point that they have been unable to verify the absence of prohibited chemicals. Although U.S. officials acknowledge the importance of this verification objective, they argue that inspectors cannot use it as justification to gain access to all parts of a facility or to visit undeclared chemical plants on the same plant site without specifying a particular "ambiguity," or compliance concern. If widely adopted by other countries, the restrictive practices endorsed by the United States would diminish confidence in the effectiveness of industry inspections.

The campaign to weaken the intrusiveness of the CWC verification regime also extends to "challenge inspections," which provide a safety net to detect, and thereby deter, the clandestine production of chemical weapons. Under the convention, a member state has the right to request the OPCW to conduct such an inspection of any site—declared or undeclared—on the territory of another state-party for which some evidence of noncompliance exists. The CWC stipulates that a state-party can request a challenge inspection at any time and that the inspection will proceed unless a three-quarters majority of the OPCW Executive Council votes within 12 hours to stop it on the grounds that it is frivolous, abusive, or beyond the scope of the convention.

Recently, however, China, Cuba, India, Iran, Pakistan, and Russia have argued that a state-party can request a challenge inspection only after all bilateral and multilateral consultative procedures for resolving compliance questions have been exhausted. Although it is true that the CWC provides for such consultative mechanisms, the treaty makes clear that these methods are alternatives to, and not prerequisites for, a challenge inspection. Reinterpreting the convention to curtail the right to launch a challenge inspection would seriously weaken a key element of the verification regime.

Despite the low probability that a challenge inspection would uncover "smoking gun" evidence of a treaty violation, such as undeclared chemical munitions, using this measure when appropriate would help to deter would-be cheaters. During the first four years of implementation, however, not a single state-party has invoked the challenge inspection provisions of the CWC, even though suspicions have been raised that some member states are in substantive noncompliance with the convention.

The United States, for example, has asserted publicly that Iran continues to produce chemical weapons in violation of its treaty obligations. U.S. intelligence officials have testified before Congress that Tehran still possesses "several thousand metric tons of weaponized and bulk agent" including nerve, blister, choking, and blood agents, and has sought assistance from Russia, China, and other countries to become more self-sufficient in chemical weapons production.1 For reasons that remain unclear, however, the United States has never followed up these allegations by requesting a challenge inspection in Iran. Perhaps Washington is reluctant to disclose the sensitive intelligence information on which its assessment of Iranian noncompliance is based or fears a retaliatory Iranian challenge inspection on U.S. territory.

Whatever the reason for its inaction, if the United States continues to raise questions about CWC compliance without requesting a challenge inspection, this powerful tool will lose all credibility. The longer the challenge inspection mechanism remains unused, the more politically charged the process will become and the greater the burden of proof the requesting state will have to bear. Thus, if no challenge inspections are launched in the near future, there is a real risk that the states-parties could lose this critical instrument for promoting the goals of the CWC.

 

Conclusions and Recommendations

Taken as a whole, these implementation shortcomings pose a serious threat to the viability of the CWC and, by extension, to the security benefits that the convention could provide to the United States. Although the fact that a few countries have begun destroying their chemical weapons stocks and production facilities means that the United States is marginally safer than it was four years ago, the treaty has yet to live up to its promise, in large part because of a lack of U.S. leadership.

The vast majority of the 143 states-parties lack any experience with arms control implementation, and most of them face no immediate threat of chemical attack. Because the United States is one of the countries at greatest risk from the spread of chemical arms, Washington's rhetorical support for chemical disarmament and non-proliferation must be turned into effective action. Although the OPCW possesses the necessary tools to monitor and enforce compliance, the real question is whether the states-parties, in particular the United States, have the political will to implement the CWC in a way that strengthens non-proliferation norms and reduces the security threat posed by chemical weapons.

To take the lead in strengthening CWC implementation, the United States should take the following actions:

  • Address the financial crisis at the OPCW. The United States should help put the organization's fiscal house in order by reimbursing in full the cost of verification activities conducted on its territory. (As of February 28, Washington owed nearly $1.7 million for these activities.) At the same time, Washington should urge the OPCW Executive Council to punish those member states that have failed to pay their assessments for the past two years by stripping them of their voting rights, as provided for by the convention.

     

  • Minimize the impact of unilateral exemptions in the U.S. implementing legislation. The United States should help to restore the integrity of the CWC's verification regime by repealing or otherwise mitigating the three unilateral exemptions in the U.S. implementing legislation, which have seriously weakened the treaty. Although the Clinton administration was reluctant to attempt to modify legislation that it had accepted as part of a deal with Senate leaders to secure CWC ratification, the Bush administration starts with a clean slate and thus has more room to maneuver. Given the probable resistance to changes from conservative members of Congress, it is unlikely that the administration could remove all three exemptions from the legislation. But it may be possible for President Bush to pledge that he will not invoke the "national security waiver" during his time in office. That step would enable Washington to launch a challenge inspection without risk that the challenged country would invoke the same "right" to refuse an inspection on national security grounds.

     

  • Restore funding for Russian chemical weapons destruction. To facilitate the construction and operation of the Shchuch'ye nerve agent destruction plant, Washington should strive to restore the financial support that the U.S. Congress eliminated for fiscal years 2000 and 2001.2 Congress' decision to eliminate all $125 million slated for the project was based largely on the premise that, in the words of Senator Pat Roberts (R-KS), "Chemical weapons pose more of an environmental threat to Russia than a security threat to the United States." In fact, Russian chemical munitions are in good condition, portable, and could easily be stolen by terrorists. Although security measures at the seven chemical weapons depots have been improved, only destroying the entire stockpile will remove the threat.

     

  • Resolve conflicts with the OPCW over industry inspections. Sharp differences of interpretation between the U.S. government (notably the Department of Commerce) and the OPCW over the extent to which the CWC authorizes inspectors access to chemical industry plant sites have led to an impasse. Although the inspected companies have generally been prepared to compromise with the inspectors, U.S. government officials have dug in their heels and refused to budge. The OPCW has retaliated by subjecting the inspected firms to multiple inspections at the same sites. Instead of forcing industry to bear the brunt of this dispute, the U.S. government should seek to clarify this issue within the policy-making forums of the OPCW.

     

  • Launch a challenge inspection within the next year. In order to strengthen the credibility of the CWC verification regime, the United States should plan to launch a challenge inspection of a country suspected of a substantive violation or assist a close ally with initiating such an inspection. To this end, the U.S. intelligence community should build a compelling case for noncompliance and be prepared to share the necessary supporting information with the OPCW. At the same time, the U.S. government should prepare to host a challenge inspection that might be requested as a form of retaliation by the challenged country.

    During more than two decades of arduous negotiations at the UN Conference on Disarmament in Geneva, the CWC's framers successfully designed a treaty that could eliminate chemical weapons and give member states confidence that the threat of chemical warfare would gradually diminish and finally disappear. Non-proliferation treaties are only effective, however, when given adequate resources and political support by law-abiding states and when violators are punished. For this reason, the CWC requires strong leadership if it is to be a useful instrument of non-proliferation that significantly benefits U.S. security.

    Over the past four years, Washington's general lack of interest and confidence in the treaty has unfortunately created a vicious circle in which ineffective implementation has weakened the regime further, making it even less capable of inspiring confidence. If this downward spiral is not reversed soon, the CWC may not recover, and the United States will have lost a potentially valuable tool for reducing the threat of chemical weapons.

     

    NOTES

    1. Statement by John A. Lauder to the Senate Committee on Foreign Relations, October 5, 2000; statement by A. Norman Schindler to the Proliferation and Federal Services Subcommittee, Senate Governmental Affairs Committee, September 21, 2000.

    2. Some U.S.-funded design work has continued at Shchuch'ye with money from earlier appropriations.


    Jonathan B. Tucker directs the Chemical and Biological Weapons Nonproliferation Program in the Washington, D.C., office of the Monterey Institute of International Studies' Center for Nonproliferation Studies (CNS). He is the editor of the forthcoming CNS report The Chemical Weapons Convention: Implementation Challenges and Solutions.

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  • Chemical Weapons Convention Signatories and States-Parties

    Press Contact: Seth Brugger, (202) 463-8270 or [email protected]

    The Chemical Weapons Convention currently has 143 states-parties. Thirty-one signatory states have not yet ratified. For a guide to the terms of the convention, see Understanding the Chemical Weapons Convention. For an overview of the convention's implementation, see Chemical Weapons Convention Implementation.

    Country

    Signature

    Ratification/Accession

    Afghanistan 1/14/93
    Albania 1/14/93 5/11/94
    Algeria 1/13/93 8/14/95
    Argentina 1/13/93 10/2/95
    Armenia 3/19/93 1/27/95
    Australia 1/13/93 5/6/94
    Austria 1/13/93 8/17/95
    Azerbaijan 1/13/93 2/29/00
    Bahamas 3/2/94
    Bahrain 2/24/93 4/28/97
    Bangladesh 1/14/93 4/25/97
    Belarus 1/14/93 7/11/96
    Belgium 1/13/93 1/27/97
    Benin 1/14/93 5/14/98
    Bhutan 4/24/97
    Bolivia 1/14/93 8/14/98
    Bosnia-Herzegovina 1/16/97 2/25/97
    Botswana N/A 8/31/98
    Brazil 1/13/93 3/13/96
    Brunei Darussalem 1/13/93 7/28/97
    Bulgaria 1/13/93 8/10/94
    Burkina Faso 1/14/93 7/8/97
    Burundi 1/15/93 9/4/98
    Cambodia 1/15/93
    Cameroon 1/14/93 9/16/96
    Canada 1/13/93 9/26/96
    Cape Verde 1/15/93
    Central African Republic 1/14/93
    Chad 10/11/94
    Chile 1/14/93 7/12/96
    China 1/13/93 4/25/97
    Colombia 1/13/93 4/5/00
    Comoros 1/13/93
    Congo 1/15/93
    (Dem. Rep. of) Congo 1/14/93
    Cook Islands 1/14/93 7/15/94
    Costa Rica 1/14/93 5/31/96
    Côte d'Ivoire 1/13/93 12/18/95
    Croatia 9/14/1998 9/22/1998
    Cuba 1/13/93 4/29/97
    Cyprus 1/13/93 8/28/98
    Czech Republic 1/14/93 3/6/96
    Denmark 1/14/93 7/13/95
    Djibouti 9/28/93
    Dominica 8/2/93 2/12/01
    Dominican Republic 1/13/93
    Ecuador 1/14/93 9/6/95
    El Salvador 1/14/93 10/30/95
    Equatorial Guinea 1/14/93 4/25/97
    Eritrea N/A 2/14/00
    Estonia 1/14/93 5/26/99
    Ethiopia 1/14/93 5/13/96
    Fiji 1/14/93 1/20/93
    Finland 1/14/93 2/7/95
    France 1/13/93 3/2/95
    Gabon 1/13/93 9/8/00
    Gambia 1/13/93 5/19/98
    Georgia 1/14/93 11/27/95
    Germany 1/13/93 8/12/94
    Ghana 1/14/93 7/9/97
    Greece 1/13/93 12/22/94
    Grenada 4/9/97
    Guatemala 1/14/93
    Guinea 1/14/93 6/9/97
    Guinea-Bissau 1/14/93
    Guyana 10/6/93 9/12/97
    Haiti 1/14/93
    Holy See 1/14/93 5/12/99
    Honduras 1/13/93
    Hungary 1/13/93 10/31/96
    Iceland 1/13/93 4/28/97
    India 1/14/93 9/3/96
    Indonesia 1/13/93 11/12/98
    Iran 1/13/93 11/3/97
    Ireland 1/14/93 6/24/96
    Israel 1/13/93
    Italy 1/13/93 12/8/95
    Jamaica 4/18/97 9/8/00
    Japan 1/13/93 9/15/95
    Jordan N/A 10/29/97
    Kazakhstan 1/14/93 3/23/00
    Kenya 1/15/93 4/25/97
    Kiribati N/A 9/7/00
    Kuwait 1/27/93 5/28/97
    Kyrgyzstan 2/22/93
    Laos 5/13/93 2/25/97
    Latvia 5/6/93 7/23/96
    Lesotho 12/7/94 12/7/94
    Liberia 1/15/93
    Liechtenstein 7/21/93 11/24/99
    Lithuania 1/13/93 4/15/98
    Luxembourg 1/13/93 4/15/97
    Macedonia N/A 6/20/97
    Madagascar 1/15/93
    Malawi 1/14/93 6/11/98
    Malaysia 1/13/93 4/20/00
    Maldives 10/1/93 5/31/94
    Mali 1/13/93 4/28/97
    Malta 1/13/93 4/28/97
    Marshall Islands 1/13/93
    Mauritania 1/13/93 2/9/98
    Mauritius 1/14/93 2/9/93
    Mexico 1/13/93 8/29/94
    Micronesia 1/13/93 6/21/99
    Moldova 1/13/93 7/8/96
    Monaco 1/13/93 6/1/95
    Mongolia 1/14/93 1/17/95
    Morocco 1/13/93 12/28/95
    Mozambique N/A 8/15/00
    Myanmar 1/14/93
    Namibia 1/13/93 11/24/95
    Nauru 1/13/93
    Nepal 1/19/93 11/18/97
    Netherlands 1/14/93 6/30/95
    New Zealand 1/14/93 7/15/96
    Nicaragua 3/9/93 11/5/99
    Niger 1/14/93 4/9/97
    Nigeria 1/13/93 5/20/99
    Norway 1/13/93 4/7/94
    Oman 2/2/93 2/8/95
    Pakistan 1/13/93 10/28/97
    Panama 6/16/93 10/7/98
    Papua New Guinea 1/14/93 4/17/96
    Paraguay 1/14/93 12/1/94
    Peru 1/14/93 7/20/95
    Philippines 1/13/93 12/11/96
    Poland 1/13/93 8/23/95
    Portugal 1/13/93 9/10/96
    Qatar 2/1/93 9/3/97
    Romania 1/13/93 2/15/95
    Russia 1/13/93 11/5/97
    Rwanda 5/17/93
    St. Kitts & Nevis 3/16/94
    St. Lucia 3/29/93 4/9/97
    St. Vincent & the Grenadines 9/20/93
    Somoa 1/14/93
    San Marino 1/13/93 12/10/99
    Saudi Arabia 1/20/93 8/9/96
    Senegal 1/13/93 7/20/98
    Seychelles 1/15/93 4/7/93
    Sierra Leone 1/15/93
    Singapore 1/14/93 5/21/97
    Slovak Republic 1/14/93 10/27/95
    Slovenia 1/14/93 6/11/97
    South Africa 1/14/93 9/13/95
    South Korea 1/14/93 4/28/97
    Spain 1/13/93 8/3/94
    Sri Lanka 1/14/93 8/19/94
    Sudan N/A 5/24/99
    Suriname 4/28/97 4/28/97
    Swaziland 9/23/93 11/20/96
    Sweden 1/13/93 6/17/93
    Switzerland 1/14/93 3/10/95
    Tajikistan 1/14/93 1/11/95
    Tanzania 2/25/94 6/25/98
    Thailand 1/14/93
    Togo 1/13/93 4/23/97
    Trinidad & Tobago N/A 6/24/97
    Tunisia 1/13/93 4/15/97
    Turkey 1/14/93 5/12/97
    Turkmenistan 10/12/93 9/29/94
    Uganda 1/14/93
    Ukraine 1/13/93 10/16/98
    United Arab Emirates 2/2/93 11/28/00
    United Kingdom 1/13/93 5/13/96
    United States 1/13/93 4/25/97
    Uruguay 1/15/93 10/6/94
    Uzbekistan 11/24/95 7/23/96
    Venezuala 1/14/93 12/3/97
    Vietnam 1/13/93 9/30/98
    Yemen 2/8/93 10/2/00
    Yugoslavia N/A 4/20/00
    Zambia 1/13/93 2/9/01
    Zimbabwe 1/13/93 4/25/97
    Source: Organization for the Prohibition of Chemical Weapons

    Pentagon Conducts BWC Protocol 'Trial Visit'

    The Defense Department conducted an exercise March 20-22 to assess the national security implications of on-site measures being considered for a compliance protocol to the Biological Weapons Convention. (For information on the protocol, see BWC Ad Hoc Group Meets With 'Mixed' Results.)

    Ordered by Congress in November 1999, the exercise, known as a "trial visit," was the first in a series and was conducted at the Armed Forces Institute of Pathology in Washington, D.C. During the trial, a visiting team, exercising "notional protocol provisions," toured the facility, interviewed personnel, and reviewed relevant documentation, according to a Defense official. A second team hosted the visit and tried to assess whether "the notional provisions adequately allowed for the protection of national security information."

    The Defense Department is still evaluating the trial's results, which it will factor into an administration report to Congress assessing the need for "investigations" and "visits" under the compliance protocol. The department is considering conducting another trial visit later this year.

    BWC Ad Hoc Group Meets With 'Mixed' Results

    Seth Brugger

    The Ad Hoc Group of states party to the Biological Weapons Convention (BWC) ended its first session of the year February 23 with some progress on major outstanding issues but without Chairman Tibor Tóth issuing a "chairman's text," which appears necessary to help resolve the most contentious matters.

    Summarizing the session's results as "mixed," Tóth said in his closing remarks that the negotiations are in an "extremely difficult phase" but that a "prevailing constructive mood" has emerged. Tóth had been expected by some to issue his text—which will contain proposed solutions to outstanding issues and could replace the current draft protocol—in time for this session. However, the chairman reportedly held off in large part to give the new Bush administration time to conduct a review of U.S. policy on the protocol.

    Led by Ambassador Donald Mahley, head of the U.S. delegation, the review began in February after the end of the latest session and is reportedly due for completion at the end of March. According to a senior U.S. official, it is a "fundamental review" that will make recommendations to the administration on how to proceed.

    The Ad Hoc Group has met a number of times each year in Geneva since 1995 to negotiate a legally binding protocol to strengthen the convention, which outlaws biological weapons but contains no verification mechanisms.

    During the latest session, which began February 12, the group made some progress on resolving certain long-outstanding verification-related issues. According to the U.S. official, the delegations took steps forward on accepting the concept of having "transparency visits" being done on a random basis and deciding whether "clarification visits" should be allowed at undeclared facilities or restricted to declared facilities.

    They also progressed in their deliberations on initiating inspections. According to the official, "It's probably the first time in a year that subject has been brought up and anybody has had a constructive discussion of it."

    However, other highly disputed issues remain unsettled. One such topic is whether states-parties should be able to maintain national export controls or whether such controls should be part of a multilateral framework applied uniformly to all states-parties, the U.S. official said.

    As part of this debate, China, Cuba, India, Indonesia, Iran, Libya, Mexico, Pakistan, and Sri Lanka have called for the establishment of a panel that would have the power to review and overturn denials of requests for biotechnology transfers. Western states, including the United States, oppose such measures, asserting that such a regime would infringe too much on their national sovereignty and interfere with established national export controls.

    The delegations also disagree on what types of facilities should submit declarations. According to the U.S. official, Washington wants to ensure that the protocol is not ambiguous about which facilities should be declared. It is also "adamant" that "the declaration of facilities should not be limited to the United States or Western countries."

    However, others see the United States as trying to limit the number of facilities covered by the protocol in order to protect its national laboratories and biotechnology industry. While the U.S. position is supported by some non-aligned states, the European Union and other non-aligned countries want a more inclusive protocol regime. Although they differ on the details, these states argue that the more facilities the protocol covers, the stronger the regime.

    Time is running short to resolve these issues. The group has aimed to complete the protocol by the fifth BWC review conference, but it has only seven weeks of negotiations scheduled before the conference starts on November 19.

    To move forward on the disputed issues, Tóth has been conducting private informal consultations with the delegations for the past three sessions. During the last two sessions' consultations, the delegations presented their views to Tóth on various unresolved issues. This session, these discussions advanced to a "second generation," where the chairman presented his view of the situation, suggested possible ways forward, and collected more feedback, the U.S. official said.

    Tóth has used this feedback to continually revise proposed solutions that he has been circulating since the previous session, held November 20-December 8. For the first time, during this session, Tóth put his proposals together as a package and circulated them for further comment. Although they do not tackle the most controversial issues, taken as a whole, the proposals appear to make up a good portion of what will become Tóth's chairman's text.

    At the beginning of the session, Iran and China suggested that they would have reservations about the issuing of a chairman's text. However, at the end of the session, they did not openly object, and Tóth is reportedly likely to issue his text in time for the next session in April. The U.S. official said that Washington does not yet have a policy on the issuing of the text since the U.S. review is considering the issue.

    Whether the chairman's text will replace the current draft protocol will depend on "the persuasive ability of the chairman, how close he's come to something which everybody can accept, and the mood of the negotiators," the U.S. official contended, adding that the text would not likely be open to many changes if adopted as a draft protocol.

    At the end of the session, Tóth encouraged the delegations to review his proposals during the intersessional period and to explore further areas for compromise. He warned that, notwithstanding the prevailing "constructive spirit," the session's achievements, and "the readiness to move forward, the process is facing challenges as a result of the extremely limited amount of time available." He said that, if the group did not exercise "the necessary flexibility," then it might fail. The Ad Hoc Group is scheduled to meet again from April 23 to May 11.

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