VZCZCXRO4671
RR RUEHCD RUEHGD RUEHHO RUEHMC RUEHNG RUEHNL RUEHRD RUEHRS RUEHTM
DE RUEHME #4916/01 2542156
ZNR UUUUU ZZH
R 112156Z SEP 07
FM AMEMBASSY MEXICO
TO RUEHC/SECSTATE WASHDC 8829
INFO RUEHXC/ALL US CONSULATES IN MEXICO COLLECTIVE
RUEAHLA/DEPT OF HOMELAND SECURITY
RUCPDOC/DEPT OF COMMERCE WASHDC
RHMFIUU/DEPT OF ENERGY WASHINGTON DC
UNCLAS SECTION 01 OF 04 MEXICO 004916
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: MCAP PARM PTER MX
SUBJECT: READ-OUT OF BILATERAL MEETINGS ON MEXICO'S
CHEMICAL NATIONAL CONTROL LIST
1. (SBU) Summary: On August 16-17, Department of
Commerce/Bureau of Industry and Security (BIS) senior
technical and policy representatives participated in a
bilateral technical exchange in Mexico City, Mexico. This
meeting was in response to a specific request by the Mexican
Government seeking assistance in developing a national
control list with respect to chemicals. The BIS
representatives discussed the differences and cross-over
between the controls and obligations of the Chemical Weapons
Convention (CWC) and the Australia Group (AG) and discussed
how the U.S. and other countries implement CWC and AG
obligations. The GOM representives provided an overview of
Mexico's Federal Law on the control of chemical substances
that can be used to make chemical weapons, as well as
background on how the legislative system works. In addition,
U.S. and GOM representatives exchanged views on a variety of
legal and regulatory, industry outreach and process
development issues. End summary.
2. (SBU) Background: On July 25, Jesus Mao visited Washington
in his new capacity as Head of Mexico's National Authority on
Disarmament, Terrorism, and International Security. This
National Authority was inaugurated on July 20 as an auxiliary
agency of the National Security Council to coordinate all
international terrorism, nonproliferation, international
security and export control issues. In his meeting with Mao,
Assistant Secretary of Commerce for Export Administration
Christopher Padilla stated that he was impressed with
Mexico's progress to date and future plans for implementing
an export control program and obligations under the CWC. Mao
requested that BIS send a team to Mexico in the next 15 days
to work on the chemical control lists in the AG and the CWC
since Mexico's Federal Law on Chemicals was about to be
submitted before their legislature in early September.
3. (SBU) In response to this request, A/S Padilla sent a
letter to Mao reiterating that he was impressed with the
plans laid out by Mao and suggesting several near term
engagements, including a Bilateral Technical Exchange to
discuss the differences and cross-over between the controls
and obligations of the CWC and the AG and discuss how the
U.S. and other countries implement CWC and AG obligations.
4. (SBU) Report of the Bilateral Technical Exchange: On
August 16 and 17, the GOM hosted this bilateral technical
exchange at the Center for National Security and
Investigation (CISEN) facility. Mao welcomed the U.S.
delegation, briefly discussed his new role as Head of the
National Authority, and introduced his staff. Some of the
members of Mao's new National Authority team had followed him
from his previous office at Mexican Customs, while others
were from various other agencies. Two of the members had
just started that day.
5. (SBU) Adrianna Rivera, Deputy Chief of Legislative and
Administrative Harmonization, provided a short briefing on
Mexico's legislative process. The GOM plans to send the
Federal Law for the Control of Chemical Substances
Susceptible of Deviation for the Manufacture of Chemical
Weapons to the legislature in early September as a priority
in the fall session as part of a "special package from the
Executive Power." This Federal Chemical Law would be
introduced in the Senate chamber, since it deals with foreign
trade. Rivera noted that this legislation would probably
take at least three months to pass and if it were not passed
in the fall session, could possibly carry over into the
spring.
6. (SBU) Jorge Moreno, Deputy Director of Terrorism and
International Security, discussed in detail the Federal
Chemical Law which will implement the CWC. The GOM
representives noted that Mexico has obligations for companies
to allow inspections, submit declarations and report
transfers. He also noted that the law under consideration
will impose penalties, including fines and prison terms. He
explained how the National Authority will host international
inspections, and will also conduct national inspections to
determine compliance. He also informed the U.S. that the
National Authority would be taking over the CWC inspector
host role and had just been notified that they would be
hosting inspectors the following week. The U.S. delegation
discussed how the U.S. does not perform national inspections,
but rather works with industry on compliance by sending out
advance teams to inspection sites, working with industry on
their declarations, and doing Site Vulnerability Assessments.
Mao explained how Mexico is currently focused on chemical
and biological agents controlled by the CWC and AG, but
intends to implement all four multilateral export control
MEXICO 00004916 002 OF 004
regimes. The U.S. delegation emphasized that it is important
that industry declarations are correct, because these
declarations make up the national declaration. Later in the
session, the GOM informed us that representatives would be
attending a host inspector training course run by the OPCW in
Paris at the end of October. Also, Mao expressed his intent
to attend the Conference of States Parties annual meeting on
the CWC in early November in The Hague.
7. (SBU) The GOM representives discussed the roles of the new
National Authority. Mao explained how the National Risk
Assessment Center will work. The U.S. delegation asked
several questions with regard to the Mexican export license
process. The GOM intends for the National Authority to be
the ultimate decision maker with regard to whether a license
is approved or denied. The National Authority will also have
the technical experts who update the control lists and
determine whether items are controlled. The various Mexican
agencies that currently administer export controls, such as
the Ministries of Health, Environment, Defense, and Economy,
will continue to receive the license application; however,
their roles will be administrative rather than
policy-oriented or technical.
8. (SBU) The U.S. delegation's chemical expert discussed how
the U.S. implements both the CWC and the AG. He offered an
overview of the requirements of the AG versus those of the
CWC. Discussion involved how the USG handles its obligations
and some of the agencies and processes in place. The GOM had
a variety of questions. Mao asked what percentage of
licenses are processed within our 39 day limit and the U.S.
committed to provide a break down of licensing statistics.
The Mexican delegation was interested in this because in the
Mexican system they need to choose a date when companies can
assume they are authorized to export.
9. (SBU) On August 17, the U.S. delegation's chemical expert
met with GOM chemical experts to discuss the chemicals
controlled by the CWC and the AG. A thorough review of all
CWC scheduled, CWC discrete organic chemicals and Australia
group chemicals was conducted to ensure the legislative
process included the entire list. The U.S. delegation
encouraged the GOM to use legislation to only reference the
chemicals and not include a detailed spreadsheet.
10. (SBU) U.S. policy representatives also met with GOM
legal representatives to discuss a variety of legal and
regulatory, industry outreach and process development issues.
As for legal issues, the U.S. delegation asked about
whether, under existing laws and regulations, the GOM can
implement export controls and whether comprehensive export
control legislation is needed. The GOM representatives noted
that since the Federal Chemical Law is about to go to the
legislature, they will focus on their comprehensive export
control law. They also noted that Mexico would begin work on
the export control law in January with the law sent to the
legislature in September 2008 in the best case scenario. The
U.S. delegation agreed to provide the GOM representatives a
copy of the Legal Authorities Template, which helps countries
develop comprehensive export control legislation. Both sides
discussed what needs to be in the legislation, such as
penalties, and what is more appropriate for regulations, such
as the control lists which change periodically. Both sides
agreed that it would be productive to have a more in depth
session in the near term to discuss legal and regulatory
issues. The U.S. delegation promised to provide the GOM
legal representative with the name of an attorney in the BIS
so that the GOM can ask periodic questions.
11. (SBU) As for the Federal Chemical Law, the GOM lead legal
representative indicated that this was the twelfth draft in
two years, but that the Organization for the Prohibition of
Chemical Weapons (OPCW) had reviewed this draft and
determined that it was sufficient. The next step is for the
GOM to get industry buy-in to the provisions of this law.
The Deputy Chief of Legislative and Administrative
Harmonization, who had previously worked for the legislature,
noted that this law would take at least three months to pass
the legislature. The U.S. delegation explained the
difference between the CWC implementing law, the implementing
regulations and the Executive Order establishing the roles of
each agency. Copies of these documents were given to the GOM
representatives, who requested a copy of the Executive Order
on the dual use license process.
12. (SBU) The GOM Deputy Chief of Legislative and
Administrative Harmonization informed the U.S. delegation
that it will be her responsibility to reach out to the
MEXICO 00004916 003 OF 004
chemical industry regarding the Federal Chemical Law. Mao
had told the U.S. delegation that the heads of the three
major chemical industry associations were invited to the
inauguration of the National Authority on Disarmament,
Terrorism, and International Security, which was attended by
several ministers, so that they would understand the
importance of this undertaking for the government. The GOM
representatives noted that in the coming few weeks, the
National Authority would have an initial meeting with
Asociaci"n Nacional de la Industria Qu!mica (ANIQ) - the
major Mexican chemical industry group. Because of this
timing, both sides agreed that having a joint U.S. - Mexico
industry outreach event on the CWC with both American
Chemistry Council and ANIQ should be postponed until the time
is ripe. The U.S. representatives also spoke about the BIS
export control outreach program in the United States,
emphasizing how both sides benefit from the relationship.
The U.S. representatives also previewed the Annual Update
Conference which BIS has invited the GOM to attend and
discussed additional activities, such as meetings with the
chairs of the Technical Advisory Committees, which BIS
intends to have on the margins of the conference. The GOM
representatives seemed excited about attending this event.
Additionally, the U.S. representatives gave a hands-on
demonstration on how to access U.S. export control laws and
regulations online, as well as the BIS CWC website. The GOM
representatives were eager to review the information online
about how the U.S. administers its export controls.
13. (SBU) Overall, this technical exchange proved extremely
productive. The GOM was very engaged in the dialogue and
very serious about quickly and comprehensively implementing
its CWC requirements and export controls consistent with all
four export control regimes.
14. (SBU) Next Steps and Follow-On Actions: The next step is
for the U.S. to send the GOM a copy of the Legal Authorities
Template, statistics on U.S. licensing processing,
information on whether other countries charge money for
providing licenses, our Executive Order outlining our license
process, and information on weapons made from each of the
chemicals. BIS plans to follow up with the GOM regarding the
possibility of sending a small team to Mexico in early
October to further discuss the essential aspects of legal and
regulatory authorities, as well as organizational and process
development. The GOM will select four representatives to
attend the 20th Annual BIS Update Conference in Washington,
DC on October 31- November 1.
15. This cable was prepared and cleared by USG delegation
participants.
Participants:
United States
Elizabeth Scott, Director of Chemical and Biological
Controls, Bureau of Industry and Security, U.S. Department of
Commerce
Patricia Muldonian, Senior Policy Advisor for the Office of
National Security and Technology Transfer Controls, Bureau of
Industry and Security, U.S. Department of Commerce
Lisa Meyers, Special Assistant for the Assistant Secretary
for Export Administration, Bureau of Industry and Security,
U.S. Department of Commerce
Mexico:
Jesus Mao, Head of National Authority, Ministry of the
Interior Mexico
Geraldo Romo, Deputy Director of Strategic Formation and
International Coordination, Ministry of the Interior Mexico
Jorge Moreno, Deputy Director of Terrorism and International
Security, Ministry of the Interior Mexico
Teresita Macias, Deputy Director of Risk Assessment and
Security Measures, Ministry of the Interior Mexico
Adriana Rivera, Deputy Chief of Legislation and
Administration Harmonization, Ministry of the Interior Mexico
Jose Hugo German, Department Chief of International
Cooperation, Ministry of the Interior Mexico
Adriana Diaz, Department Chief of Non-Proliferation and
Export Controls, Ministry of the Interior Mexico
Marco Medina, Department Chief of Risk Assessment and
Security Measures, Ministry of the Interior Mexico
Jose Carlos Portoni, Department Chief of Weapons of Mass
Destruction and Security Measures, Ministry of the Interior
Mexico
MEXICO 00004916 004 OF 004
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