Global Security Newswire: By National Journal

    Issue for Wednesday, November 24, 2004

    Week in Review

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  terrorism  
Rumsfeld Denies Lobbying Against Intelligence Bill Full Story
Recent Stories

  wmd  
CIA Warns of Continued Progress of Iranian, North Korean Unconventional Weapons Efforts Full Story
Libyan leader Qadhafi “Disappointed” He Has Not Seen More Rewards for WMD Dismantlement Full Story
South Africa Fines Company for Chemical Exports Full Story
Recent Stories

  nuclear  
Iran Wants IAEA OK to Operate Centrifuges During Suspension of Uranium Enrichment Activities Full Story
U.S.-U.K. Mutual Defense Agreement Extended Full Story
Congress Designates $300 Million for U.S. MOX Site Full Story
Russia Reduces Nuclear Arsenal Under START Treaty Full Story
U.N. General Assembly Chairman Believes North Korea Will Return to Six-Party Talks Full Story
Recent Stories

  missile1  
U.S. Strengthens Missile-Related Export Controls Full Story
Libya Has Applied to Join MTCR, Former Chairman Says Full Story
Recent Stories

 

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If I didn’t want to support the president’s position I wouldn’t be in the administration, and I do intend to support it.
—U.S. Defense Secretary Donald Rumsfeld, saying he supported President George W. Bush’s call for the creation of a national intelligence director.


U.S. Secretary of State Colin Powell said yesterday that the United States at some point could resume diplomatic relations with Iran (AFP photo/Ramzi Haidar).
U.S. Secretary of State Colin Powell said yesterday that the United States at some point could resume diplomatic relations with Iran (AFP photo/Ramzi Haidar).
Iran Wants IAEA OK to Operate Centrifuges During Suspension of Uranium Enrichment Activities

Iranian officials have asked the International Atomic Energy Agency for the right to maintain access to dozens of centrifuges during its suspension of uranium enrichment activities, Agence France-Presse reported today (see GSN, Nov. 23).

Iran is “trying to convince the IAEA to leave several dozen of the centrifuges unsealed for R&D (research and development) purposes in addition to other equipment which has direct use for enrichment,” one diplomat said.

It would be “outrageous” for Iran to exempt some centrifuges from the suspension, a Western diplomat said...Full Story

CIA Warns of Continued Progress of Iranian, North Korean Unconventional Weapons Efforts

By Mike Nartker
Global Security Newswire

WASHINGTON — The CIA yesterday warned of the continued progress made by Iran and North Korea in developing weapons of mass destruction and ballistic missiles (see GSN, Nov. 11, 2003)...Full Story

U.S.-U.K. Mutual Defense Agreement Extended

By Chris Schneidmiller
Global Security Newswire

WASHINGTON — Congress took no action on the U.S.-British Mutual Defense Agreement this session, meaning the two nations will sustain their ability to share nuclear weapons knowledge and equipment for another decade (see GSN, Aug. 9)...Full Story

Current Issue Wednesday, November 24, 2004
terrorism

Rumsfeld Denies Lobbying Against Intelligence Bill

By Mike Nartker
Global Security Newswire

WASHINGTON — U.S. Defense Secretary Donald Rumsfeld yesterday denied lobbying against the creation of a national intelligence director following a successful effort by some House Republicans to kill a vote on a recently reached compromise intelligence reform bill (see GSN, Nov. 22).

During a Defense Department press briefing, Rumsfeld noted that President George W. Bush supported the creation of a national intelligence director — a measure proposed this summer by the Sept. 11 commission and one that has been the focus of intense debate over the past several months.

“Needless to say I’m a part of this administration. I support the president’s position,” Rumsfeld said. “If I didn’t want to support the president’s position I wouldn’t be in the administration, and I do intend to support it.”

House and Senate negotiators early Saturday announced that they had reached a compromise between their two separate intelligence reform bills after about a month of negotiations. Later that same day, House Speaker Dennis Hastert (R-Ill.) refused to allow a vote on the measure because of opposition from House Armed Services Committee Chairman Duncan Hunter (R-Calif.) and House Judiciary Committee Chairman James Sensenbrenner (R-Wis.). 

Among Hunter’s objections to the bill were concerns that it would jeopardize the military chain of command and hurt military commanders’ ability to receive battlefield intelligence. Rumsfeld and other Defense Department officials expressed similar concerns during hearings this summer on intelligence reform (see GSN, Aug. 18).

The chairmen maintained their objections to the bill despite the personal efforts by Bush and Vice President Dick Cheney to gain their support.

There have been questions on whether the Pentagon has viewed the creation of a national intelligence director through the lens of a “turf battle.” The defense secretary now controls about 80 percent of intelligence funding; a large portion of that authority would shift the new national intelligence director.

Rumsfeld said yesterday his past comments on the planned national intelligence director were “personal views” and not “administration views.” 

“I favor reform in the intelligence community, as the president does,” he added.

White House deputy press secretary Claire Buchan yesterday deflected a number of questions on possible Pentagon lobbying against the intelligence reform bill, stressing instead Bush’s support for the measure.

“I would say the president has made very clear that he believes the Congress should act on the intelligence bill,” Buchan said. “So we’re going to work very hard on this issue; it’s something the president wants to get done.”

House and Senate members are continuing to negotiate on a final bill, Rumsfeld said.   “I have a feeling they’re close,” he added.

A spokeswoman for Senator Joseph Lieberman (D-Conn.), one of the main Senate negotiators, denied today that any further negotiations were under way.

“An agreement was reached that was signed off on by the four primary conferees and House Speaker Hastert. A majority of the Senate conferees approved the agreement. Any attempt to characterize this bill as still in flux is an attempt to rewrite the record,” said spokeswoman Leslie Phillips.

Rumsfeld also said yesterday that he and the administration had been aware of a letter sent last month during the negotiations on a compromise bill by Chairman of the Joint Chiefs of Staff Gen. Richard Myers to Hunter. In the letter, Myers expressed his opposition to the creation of a national intelligence director with broad levels of authority (see GSN, Nov. 1).

“They were fully aware of the chairman’s position, just as I was,” Rumsfeld said of the White House. “We also were fully aware of the requirement that a uniformed military personnel, when they’re asked by the House or the Senate committees their views, would give them their honest views, and he [Myers] did.”


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wmd

CIA Warns of Continued Progress of Iranian, North Korean Unconventional Weapons Efforts

By Mike Nartker
Global Security Newswire

WASHINGTON — The CIA yesterday warned of the continued progress made by Iran and North Korea in developing weapons of mass destruction and ballistic missiles (see GSN, Nov. 11, 2003).

The CIA assessments were contained in an unclassified version of an annual report the agency is required to submit to Congress on countries seeking or providing WMD-related technologies. The report covers activities that occurred in the second half of 2003, as well as broader trends.

According to the report, Iran last year worked to develop an indigenous nuclear fuel cycle “ostensibly for civilian purposes, but with clear weapons potential.” The report dismisses Iran’s claims of requiring a fuel cycle to produce fuel for civilian nuclear power plants, namely the Bushehr reactor under construction by Russia, by noting that Moscow has agreed to provide fuel for the facility for the length of its operational lifespan.

While international attention will probably prevent Iran from using the nuclear facilities it has declared to the International Atomic Energy Agency for military purposes, it could use the same technology at other covert locations, the CIA said (see related GSN story, today).

The agency also noted the “significant assistance” Iran’s nuclear efforts received from former top Pakistani nuclear scientist Abdul Qadeer Khan. Early this year, Khan confessed to heading a vast international network that provided Pakistani nuclear technology to Iran, Libya and North Korea. The Pakistani government has repeatedly insisted, though, that Khan’s activities were conducted without official sanction.

“Before the reporting period, the A.Q. Khan network provided Iran with designs for Pakistan’s older centrifuges, as well as designs for more advanced and efficient models, and components,” the CIA report states.

An Iranian opposition group, the National Council of Resistance of Iran, claimed last week that Tehran received in the mid-1990s a Chinese nuclear warhead design through the Khan network. Iran, however, has denied that allegation (see GSN, Nov. 17).

The report does not include any information related to claims made last week by Secretary of State Colin Powell that Iran is working to adapt its ballistic missiles to carry nuclear warheads. Questions have since been raised as to the reliability of the information used by Powell in making his allegations (see GSN, Nov. 19).

Iran also sought to obtain from abroad technology and expertise to help achieve an indigenous nerve agent production capability, the report says. It also warns that Iran “probably maintained” an offensive biological weapons program, and sought dual-use equipment and materials for use in such efforts.

In addition, entities in the former Soviet Union, North Korea and China aided Iran in its efforts to achieve a self-sufficient ballistic missile production capability, according to the CIA report, which listed such assistance as “equipment, technology and expertise.”

In September, the United States imposed sanctions on 13 entities from a number of countries for allegedly aiding Iran’s WMD and ballistic missile efforts. The sanctioned entities included five Chinese companies, a North Korean company, a Belarusian company, a Russian company and a Russian national (see GSN, Sept. 30).

North Korea

Regarding North Korea, the CIA noted Pyongyang’s threats to “transfer” or “demonstrate” its reputed small stockpile of nuclear weapons, as well as North Korea’s later offer to not export nuclear weapons in exchange for rewards. The agency plans to continue to monitor North Korea’s nuclear program, the report says.

The report also reiterates past CIA warnings that North Korea may be nearly self-sufficient in producing ballistic missiles and that Pyongyang has demonstrated a “willingness” to sell complete missile systems and components abroad.

North Korea continued to acquire dual-use materials capable of supporting its chemical weapons program; as well as dual-use, biological-related equipment, supplies and reagents for its biological weapons program, according to the report.

Syria

The CIA also reiterated its concerns about Syria’s “nuclear ambitions,” noting the country’s possession of a nuclear research center, as well as agreements between Damascus and Moscow on nuclear energy cooperation that have yet to be implemented. The CIA made a similar assessment of Syria’s nuclear program in a report released in November of last year that covered the first half of 2003.

Syria also continued with its efforts to obtain from abroad chemical weapons-related technology, possibly for the development of toxic and persistent nerve agents to add to its sarin stockpile, the report says. It also seemingly contains a downgraded assessment of Syria’s intent to develop a biological weapons capability, saying Damascus was “probably” doing so. In its report last year, the CIA said it was “highly probable” that Syria was working to develop a biological weapons capability (see GSN, Nov. 10).

WMD Terrorism

One of the CIA’s “highest concerns,” the report says, is the willingness of al-Qaeda to commit “unconventional attacks” using weapons of mass destruction against the United States (see GSN, Nov. 22). According to the report, al-Qaeda has pursued a biological weapons program focused on anthrax for mass casualty attacks, as well as other agents for smaller-scale attacks. In addition, the agency received information last year that described the construction of a cyanide-based chemical weapon that could be easily made with available items.

The CIA is also concerned that al-Qaeda operatives might target U.S. nuclear and chemical facilities with conventional attacks.

While possible al-Qaeda attacks involving weapons of mass destruction could cause a variable number of casualties, “most scenarios could cause panic and disruption,” the report says.

Suppliers

The CIA report lists China, North Korea and Russia as the main suppliers last year of WMD- and missile-related technologies. During the latter half of 2003, the report says, Russian entities were a “key source” of dual-use biotechnology equipment and chemicals for countries with active weapons programs, as well as suppliers of a “variety” of missile-related items to countries such as India, Iran and China.

While Russia has made progress in developing a national export control system, there remains concerns regarding enforcement, the report says.

“Top Russian officials must make a sustained effort to convince exporting entities — as well as the bureaucracy whose jobs it is to oversee them — that nonproliferation is a top priority and that those who violate the law will be prosecuted,” it says.

North Korea continued to export “significant” ballistic missile-related items to the Middle East, South Asia and North Africa, the report says, adding that such exports were a main source of hard currency for Pyongyang, which used the revenue for its own missile efforts.

The CIA also noted China’s efforts to improve the enforcement of its national export control system, citing as an example Beijing’s blocking in September of last year at the Chinese-North Korean border a shipment of chemicals that could have been used in Pyongyang’s nuclear program.

Even so, Chinese entities continued to provide aid to Iran and Pakistan’s ballistic missile programs, according to the report. It also says that Chinese entities provided chemical weapons-related production equipment to Iran.

 Bush Seeks to Boost CIA Capabilities Against WMD

Meanwhile, U.S. President George W. Bush last week ordered the CIA to take several steps to improve its ability to counter the threats posed by terrorism and the spread of weapons of mass destruction.

Among the measures included in a memorandum released yesterday by the White House was a directive for the CIA to increase its staff of analysts by 50 percent. Bush also ordered the CIA to increase its analytic capabilities in several areas, included WMD proliferation, the Near East and South Asia.

The CIA also must increase the staff of its Directorate of Operations, which is responsible for foreign intelligence gathering, by 50 percent and ensure that the new staff is drawn from “diverse backgrounds.”

In its report this summer, the Sept. 11 commission called on the CIA to improve both its analytic and human intelligence capabilities. The commission also recommended the agency improve its foreign language programs and work to recruit diverse agents to better blend in overseas.

CIA Director Porter Goss said during his confirmation hearings this summer that he would work to improve agency’s information collection and analysis capabilities (see GSN, Sept. 15).

In addition, Bush ordered the agency last week to ensure that its analysts consider and present to national security officials “diverse views” in their intelligence assessments. The U.S. intelligence community has come under fire for having allegedly engaged in “group think” in its assessments of prewar Iraq’s WMD efforts.


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Libyan leader Qadhafi “Disappointed” He Has Not Seen More Rewards for WMD Dismantlement


Libyan leader Col. Muammar Qadhafi said in an interview published today that he was “a little disappointed” that he had not received more rewards for his decision to renounce weapons of mass destruction (see GSN, Oct. 18).

“To tell you the truth, we have been a little disappointed by the reaction of Europe, the United States and Japan. They haven’t really rewarded Libya for its contribution to international peace,” Qadhafi told the French newspaper Le Figaro. “And we’re still waiting. If we are not recompensed, other countries will not follow our example and dismantle their own programs.”

Qadhafi hinted at the types of rewards he would like to see for his decision last year to dismantle his WMD programs, such as aid in adapting military technologies for civilian uses. He also said that “a country that gets rid of its weapons of mass destruction should at least obtain guarantees from the international community on its national security” (Agence France-Presse/Middle East Online, Nov. 24).

Meanwhile, French President Jacques Chirac is set to arrive in Libya today for the first visit by a French leader in almost 50 years, according to Agence France-Presse. During his visit, Chirac will discuss with Qadhafi topics such as terrorism, economic cooperation and Iraq, said Chirac spokesman Jerome Bonnafont (Agence France-Presse/The Tocqueville Connection, Nov. 24).


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South Africa Fines Company for Chemical Exports


The South African company African Amines has been fined $16,000 for illegally exporting a chemical capable of being used in pesticides and rocket fuel to Iran and Australia, a South African official said Tuesday (see GSN, Sept. 28).

The company was convicted on two charges of exporting the chemical Dimethylamine without a permit, according to national prosecutions authority spokesman Makhosini Nkosi. The company shipped 120 metric tons of the chemical to Iran in March of last year, and about 11 metric tons to Australia in May 2003, Nkosi said.

The chemical shipments did not go, though, to “a military or terrorist entity for use as a chemical warfare agent,” he said (Agence France-Presse/SpaceWar.com, Nov. 23).


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nuclear

Iran Wants IAEA OK to Operate Centrifuges During Suspension of Uranium Enrichment Activities


Iranian officials have asked the International Atomic Energy Agency for the right to maintain access to dozens of centrifuges during its suspension of uranium enrichment activities, Agence France-Presse reported today (see GSN, Nov. 23).

Iran is “trying to convince the IAEA to leave several dozen of the centrifuges unsealed for R&D (research and development) purposes in addition to other equipment which has direct use for enrichment,” one diplomat said.

It would be “outrageous” for Iran to exempt some centrifuges from the suspension, a Western diplomat said.

Agency officials today were working to seal roughly 1,000 centrifuges at three sites in Iran, ahead of the start tomorrow of the IAEA Board of Governors meeting, AFP reported.

A diplomat close to the agency said the centrifuges would probably be used for testing rather than uranium enrichment (Agence France-Presse/SpaceWar.com, Nov. 24).

Iran’s request appeared to be a continuance of earlier efforts, a Western diplomat said today. In the U.N. agency’s June report on Iran, it said:  “Iran has requested that a small number of key components, as well as 10 assembled rotors be left unsealed in order to allow ongoing R&D centrifuge work at Kalaye Electric Co. and Natanz.  Iran stated that R&D is not covered by its voluntary suspension undertakings, but these unsealed items would be made available to the Agency on request to permit it to ensure that they are not used in activities inconsistent with Iran’s undertaking.”

The chances for Iran prevailing on this matter, however, are slim, the diplomat said. “It doesn’t have any legs.”

An IAEA official said Iran was trying to draw the agency into defining what constituted a suspension of enrichment activities. The agency, however, prefers to limit its role to implementing Iran’s safeguards agreement, the official said. The agency would also be willing to verify additional measures Tehran might agree to with the European nations, but those measures would need to be specified by the Iran and the three EU states (Greg Webb, Global Security Newswire, Nov. 24).

Negotiations continued yesterday on the resolution the three European nations will present to the U.N. agency on Iran’s nuclear effort, according to the Financial Times.

The EU countries want Iran to accede to more intrusive inspections under an Additional Protocol to its IAEA safeguards agreement, while Iranian officials want the document to make it clear that the suspension is voluntary and that restarting uranium enrichment would not cause Tehran to be automatically sent to the U.N. Security Council for possible sanctions (Adams/Dinmore, Financial Times, Nov. 23).

“Iran will never be prepared to completely dismantle its nuclear program,” Iranian chief nuclear negotiator Hossein Mousavian said today. “Iran is prepared to give all assurances that uranium enrichment activities will never be diverted. That’s why we should have the right for peaceful nuclear technology and that this right should be exercised with no discrimination. That’s why dismantlement is out of the question” (Agence France-Press/Yahoo!News, Nov. 24).

Iran’s parliament would press to resume enrichment if the IAEA meeting goes poorly for Tehran, parliament chief Gholamali Haddad Adel said today.

“The parliament is expecting that the IAEA and the European show that they respect their commitments during the meeting of the Board of Governors,” he said. “Otherwise, the parliament will force the government to resume enrichment” (Agence France-Presse/Yahoo!News, Nov. 24).

The United States is prepared to support the resolution, diplomats told AFP.

U.S. officials are “just being pragmatic for once, recognizing that the EU-3 text is pretty good and that there are few policy alternatives to joining consensus on it,” a Western diplomat said (Michael Adler, Agence France-Presse/ SpaceWar.com, Nov. 24).

The United States could someday re-establish diplomatic ties with Iran, but only after Tehran reverses its nuclear program and support for terrorism, U.S. Secretary of State Colin Powell said yesterday.

“It is not in the best interest of international relations for there to be a permanent enmity or animosity between two states,” he told ABC News.

Such relations would develop “in due course,” Powell said. “But I think there is a history here, a 25-year-history of difficult relations with Iran” (Associated Press/Yahoo!News, Nov. 24).


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U.S.-U.K. Mutual Defense Agreement Extended

By Chris Schneidmiller
Global Security Newswire

WASHINGTON — Congress took no action on the U.S.-British Mutual Defense Agreement this session, meaning the two nations will sustain their ability to share nuclear weapons knowledge and equipment for another decade (see GSN, Aug. 9).

President George W. Bush submitted to Congress in June a proposal to extend Article 3 bis of the 1958 Mutual Defense Agreement through Dec. 31, 2014 rather than allow it to expire. The proposal was required by law to sit before the House and Senate for 60 session days for consideration, after which it would automatically go into effect.

The 60-day period apparently ended on Nov. 16, said Matt Martin, deputy director for the British American Security Information Council (BASIC). 

“There were no hearings. As far as I know there was no discussion beyond a staff level between (the Department of Energy) and Congress,” Martin said. “As far as I know there weren’t any changes.”

A spokesman for Senate Foreign Relations Committee Chairman Richard Lugar (R-Ind.) confirmed that the agreement had been extended.

The agreement was approved in the United Kingdom last summer after the British government rejected efforts by members of Parliament to open the matter for debate.

A ceremonial exchange of messages finalizes the extension and other technical updates to the agreement , but Martin said he believes that could be handled by staff at the State, Energy or Defense departments.

Martin said he was not surprised that little attention was given to the agreement, given the intense focus on the conflict in Iraq, efforts to derail Iran and North Korea’s suspected nuclear weapons programs, the war on terrorism and work on intelligence reform legislation.

“It’s hard to make much of an issue of something that’s so far down in the weeds as the U.S.-U.K. MDA,” Martin said.

Mark Hayes, Lugar’s spokesman, noted that the Senate Foreign Relations Committee had taken no formal action during the prior two extension periods in past decades.

In the Mutual Defense Agreement, the United States and United Kingdom pledge to “communicate to or exchange with the other party such classified information, sensitive nuclear technology, and controlled nuclear information” needed for the allies’ nuclear defense plans, delivery systems and military reactors.  The agreement does not include transfer of actual nuclear weapons, but allows for exchange of enriched uranium.

While details of the nuclear exchanges remain classified, experts believe the United States passed on warhead designs for its submarine-based Trident ballistic nuclear missiles.

Opponents say the agreement undermines the two countries’ stances on nonproliferation, while representatives of both governments argue that it supports the safety, security and reliability of their respective nuclear arsenals.

“It’s wholly consistent with the Nuclear Nonproliferation Treaty and both the U.S. and U.K. commitments under Article 6 of the treaty,” Hayes said. Article 6 requires member states to “pursue negotiations in good faith” toward nuclear disarmament.

Martin said it is impossible for observers to say what information or technology might be shared over the next 10 years. Congress’ rejection this week of funding for research on the nuclear bunker buster and other projects could lead U.S. officials to encourage their British counterparts to take up that work, he said (see GSN, Nov. 22).

Requests for comment from the State and Defense departments had not been returned by press time.

“It’s a 10-year extension and we’ll just have to see what happens,” Martin said.


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Congress Designates $300 Million for U.S. MOX Site


The fiscal 2005 Omnibus Appropriations bill approved by Congress on Saturday includes $300 million for construction of a facility to convert weapon-grade plutonium into mixed-oxide (MOX) fuel for use by U.S. nuclear power plants, the Associated Press reported (see GSN, Oct. 13).

Work on the plant at the Savannah River Site nuclear facility in South Carolina was expected to begin last spring, but has been delayed.

The United States and Russia agreed in 1998 to each eliminate 34 metric tons of plutonium. Agreements to build conversion plants in both countries expired last year, and Moscow is still looking for the United States to assume liability for the Russian plant, AP reported.

U.S. lawmakers hold out hope for an agreement with Russia, according to AP.

“The Bush administration understands how important it is we get this project moving so we can take this material off the market and terrorists cannot get their hands on it,” Senator Lindsey Graham (R-S.C.) said in a statement.

The appropriations bill does not include funds for the planned Savannah River National Laboratory, while legislators will decide whether to fund the $4 billion modern pit facility in the next fiscal year, AP reported (Associated Press/The State, Nov. 23).


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Russia Reduces Nuclear Arsenal Under START Treaty


Russia has reportedly reduced its nuclear weapons arsenal to less than 1,000 delivery vehicles and 5,000 warheads under the U.S.-Russian START arms-control treaty, the Associated Press reported yesterday (see GSN, Nov. 18).

Under the treaty, which was ratified by the United States and the Soviet Union in 1994, each country can deploy no more than 1,600 missiles and 6,000 warheads, ITAR-Tass reported

The two nations have destroyed roughly 1,000 missiles and other delivery vehicles under the accord (Associated Press/Yahoo!News, Nov. 23).


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U.N. General Assembly Chairman Believes North Korea Will Return to Six-Party Talks


U.N. General Assembly Chairman Jean Ping left North Korea this week optimistic that Pyongyang would return to the six-party negotiations on its nuclear program, Agence France-Presse reported (see GSN, Nov. 22).

Ping spent five days in North Korea, during which he met with the country’s No. 2 leader, Kim Yong Nam, and Foreign Minister Paek Nam Sun. He then traveled to South Korea yesterday.

Ping, who is also Gabon’s foreign minister, said “he had received a very positive message from North Korea in relation to the resuming of six-way talks,” the South Korean Unification Ministry said in a press release. “He said North Korea had asked him to relay a message that it wants to co-exist with the United States” (Agence France-Presse, Nov. 24).


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missile1

U.S. Strengthens Missile-Related Export Controls

By Mike Nartker
Global Security Newswire

WASHINGTON — The U.S. Commerce Department earlier this month moved to strengthen national export control regulations, in part to better prevent rogue states and terrorist groups from developing biological and chemical weapon delivery systems (see GSN, Oct. 25).

Under previous regulations, U.S. exporters were required to obtain government approval before transferring dual-use items intended for use in missile projects conducted by a group of specific countries, including China, India, Iran, Israel, Libya, North Korea, Pakistan, Russia, Syria and Taiwan. The regulations defined a missile project as a system capable of traveling at least 300 kilometers while carrying a payload of at least 500 kilograms.

An interim rule published in the Nov. 8 Federal Register, which has gone into effect, now requires U.S. exporters to obtain an export license before transferring a dual-use item to one of the countries listed in the regulations for use in a missile or unmanned aerial vehicle (UAV) capable of traveling at least 300 kilometers, regardless of payload.

The new rule removes the payload requirement because of the lower weight of biological and chemical agents and related dissemination devices, such as sprayers for UAVs, a Commerce Department official said yesterday. 

The purpose of the regulation changes, according to the official, is to help prevent states from being able to build delivery devices to carry biological or chemical agents. The new regulations are also intended to prevent terrorist groups from building crude short-range missiles or UAVs for use in biological and chemical attacks, the official said.

A second provision in the rule requires U.S. exporters to obtain government approval before transferring a dual-use item anywhere in the world if the exporter knows the item is intended for use in a missile or UAV system intended for WMD attacks. The provision applies regardless of what country the project may be located in, or the range of the system to be developed.

In addition, the new rule requires exporters to first obtain U.S. approval for a dual-use item transfer if they are unable to determine the potential range of the system for which the item is intended.

Earlier this year, the U.S. Government Accountability Office warned that the previous regulations did not do enough to prevent individuals or terrorist groups from obtaining dual-use items for developing cruise missiles or UAVs. As an example, congressional auditors cited the case of a New Zealand man who announced last year that he had obtained dual-use items from the United States to build his own cruise missile. As neither the man nor his project were specified in the U.S. regulations, the GAO report said, there was no requirement for U.S. exporters to first obtain government approval before transferring the items (see GSN, Feb. 26).

The Commerce Department official yesterday praised the new rule as a “significant improvement,” saying it helped “tighten up” the existing export-control regulations.


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Libya Has Applied to Join MTCR, Former Chairman Says

By Mike Nartker
Global Security Newswire

WASHINGTON — Libya recently applied to join the Missile Technology Control Regime, a former regime chairman said yesterday (see GSN, Sept. 22).

Libya formally submitted its application “a few days ago,” senior Argentine Foreign Affairs Ministry official Ambassador Renato Carlos Sersale di Cerisano said yesterday here during a briefing held by the Argentine Embassy and the Arms Control Association.

The 34-member regime is a multilateral export-control system that seeks to establish common rules for exporting ballistic missiles and related technologies. Argentina held the regime’s chairmanship this year.

Before Libya can be accepted into the regime, it must first develop an effective national export regulatory system, Sersale said. Regime officials held a workshop in May, he said, to help Libya develop an export licensing system and to set up a list of controlled dual-use missile-related items that would require governmental approval before they were exported.

Libya has the “political will” to join the regime, Sersale said. “It is just a matter of time.”

In the interim, Libya has agreed to abide by regime standards, Sersale said.

A U.S. State Department official told Global Security Newswire yesterday, though, that Libya lacks even a rudimentary export-control system. The official said he was unaware if the United States, a regime member, was aiding Tripoli in developing such a system.

The official also said it was too early to comment on whether the United States would support Libya’s bid for membership into the regime, which requires a consensus of all members. While 11 countries sought in the last year to become regime members, only Bulgaria was accepted, according to Sersale.

Among those countries that saw their membership bids rejected was China, which held several rounds of talks over the past year with regime official on its possible addition. The United States has opposed China’s membership because of continued concerns over the proliferation activities of Chinese entities and Beijing’s weak record of enforcement of its export-control regulations (see GSN, Oct. 4).

One concern about Libya is that it could act as a “spoiler” if admitted into the regime, said Richard Speier, a former U.S. Defense Department official who helped to negotiate the regime. As an example, Speier cited Russia, which he said has successfully fought off the addition of items to the regime’s control list due to the regime’s system of requiring that decisions be made by consensus.

Speier also said that it was important to determine the missile proliferation risks posed by Libya before admitting it into the regime, which focuses on suppliers.

“If they are a supplier or potential supplier of missile technology, that would weigh in favor of having them in the regime.  If they are just joining the regime as a reward for becoming nice guys, their acceptance into the regime would continue the debasement of nonproliferation regimes into diplomatic baubles,” he said in a written response to GSN.

Were Libya to join the regime, it would be the latest in a series of nonproliferation steps taken by Tripoli after leader Col. Muammar Qadhafi decided late last year to renounce weapons of mass destruction and to dismantle his WMD and ballistic missile programs (see GSN story, today). As part of his decision, Qadhafi agreed to not possess ballistic missiles that go beyond MTCR parameters — systems capable of carrying a payload of at least 500 kilograms for a range of at least 300 kilometers.

In May, U.S. Undersecretary of State John Bolton announced that Libya planned to no longer conduct missile-related trade with countries outside of the regime (see GSN, May 14).

Since Qadhafi announced his decision to renounce weapons of mass destruction, Libya has destroyed its arsenal of Scud C ballistic missiles, and has agreed to eliminate its stockpile of Scud B missiles. The State Department official yesterday declined to comment on the status of the Scud B elimination effort.

The United States is in the “early stages” of creating a program to help redirect former Libyan missile and WMD scientists to civilian research projects, the State Department official said. The purpose of such a program would be to prevent Libyan scientists from transferring their expertise to rogue states or terrorist groups.

Libya’s past efforts involved only a “handful” of scientists, the official said.

As briefly described by the official, the United States envisions establishing in Libya a program similar to the science centers set up to help redirect former Soviet WMD scientists, such as the International Science and Technology Center (ISTC). Among its activities, the center provides funding grants for civilian research projects by former Soviet WMD scientists.

The State Department official declined to comment on when the Libyan scientist redirection program would begin.

 


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