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August 23, 2007

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Reference ID Created Released Classification Origin
07KYIV2114 2007-08-23 12:47 2011-08-30 01:44 CONFIDENTIAL Embassy Kyiv


DE RUEHKV #2114/01 2351247
P 231247Z AUG 07

C O N F I D E N T I A L KYIV 002114 
E.O. 12958: DECL: 08/23/2017 
REF: A. STATE 116196 
     B. MOSCOW 4118 
     D. 2007 EMAIL 
Classified By: Political Counselor Kent Logsdon for reasons 1.4(,b,d). 
1. This is an action request.  See paragraph 5. 
2.  (C)  As agreed ref email, PolCouns met with MFA Director 
for Non-Proliferation and Arms Control Volodymr Belashov 
August 23, to follow up on Acting EUR A/S Volker's meeting 
with the Ukrainian Charge and Moldovan Ambassador August 22 
in Washington.  Also as instructed, Polcouns provided a copy 
of the Ref A non-paper and stressed that the U.S. was 
committed to find a way to work with Russia and other CFE 
states to see the A/CFE Treaty enter into force.  Belashov 
was grateful for a copy of the non-paper; he had not yet 
received a copy from the Ukrainian DCM in Washington or a 
readout of the meeting with Acting A/S Volker. 
3.  (C)  Belashov said that Ukraine had been consulting with 
a number of Treaty members regarding a possible way ahead and 
looked forward to reviewing the U.S. proposal.  He asked 
whether the U.S. had consulted with other Treaty members in 
addition to NATO allies and Russia, in particular Georgia. 
Belashov also noted that Ukrainian DFM Veselovskiy had 
proposed to Russian FM Kislyak that they meet to discuss the 
Russian position sometime between September 3 and 5; however, 
a date had not yet been agreed. 
4.  (C)  According to Belashov, Ukraine strongly supports 
preserving the CFE regime and is eager to work together with 
the U.S., Russia and other Treaty members to do that. 
Ukraine wants to deal with Russian concerns, especially with 
regard to the Istanbul commitments, in a way that allows 
movement toward ratification.  To the end, Ukraine now had an 
approved non-paper that Belashov shared with PolCouns, along 
with a request that it be passed to the U.S. experts for 
comment.  Belashov hoped to have U.S. comments in hand prior 
to the proposed September 3-5 bilateral meeting with the 
Russians.  Text of the Ukrainian English language non-paper 
follows in paragraph 6 (two longer papers in Ukrainian were 
also given to PolCouns, described by Belashov as a more 
detailed accounting of Ukraine's position; post will 
translate relevant portions of those to be conveyed to 
5.  (C)  Action Request.  Please provide information 
regarding other Treaty members (in addition to NATO, Russia, 
Ukraine and Moldova) who have received a copy of the U.S. 
non-paper.  In addition, post would appreciate any Washington 
comments on the Ukrainian non-paper by August 31, so that we 
can share them with the MFA prior to any bilateral meeting 
with Russia regarding the treaty.  Finally, post would 
appreciate guidance on what we can share regarding the 
Russian reaction to the non-paper (Reftel B).  Department's 
assistance is appreciated. 
6.  (SBU)  Text of the Ukrainian Non-Paper. 
Ukraine fully supports preserving the CFE regime in the wider 
sense of this important international instrument of 
maintaining stability and security in Europe. 
Ukraine fully acknowledges the fact that the CFE Treaty of 
1990 is not adequate to the current situation in Europe. 
Having ratified the Agreement on Adaptation of the CFE Treaty 
in September 20, 2000 Ukraine has acknowledged the necessity 
to strengthen the CFE Treaty regime. 
By refraining from transmitting to the Depository the 
instrument of ratification of the Agreement on Adaptation of 
the CFE Treaty, Ukraine has clearly set out its position: 
this Agreement should enter into force only after Russia duly 
meets it commitments under the Final Act of the Conference of 
the CFE Treaty participating states and the Declaration of 
Istanbul OSCE summit. 
Ukraine is ready to engage actively in the search of possible 
solution of existing problems to keep the CFE regime, 
including participation in consultations with the States 
Parties to the CFE Treaty. 
Ukraine's support of the basic provisions of the CFE Treaty 
does not preclude the possibility of looking into the 
problems raised by Russia, Azerbaijan and other CFE Treaty 
Ukraine acknowledges that there are no legal grounds for 
Russia to suspend its implementation of the CFE Treaty.  So, 
such a step could be considered as a violation of the Treaty. 
At the same time, we are sure that it will be unproductive to 
engage into a broad discussion on the legality of Russia's 
actions because such a discussion will be, undoubtedly, 
confrontational, unfruitful and will distract a lot of time 
and attention from the search of practical solution of 
existing problems acceptable to all CFE Treaty States 
Parties.  Moreover, insisting on "illegality" of the 
suspension by Rus
sia of the CFE Treaty implementation can 
only "encourage" Russia to denounce the Treaty, which is 
undesirable both for Ukraine, NATO CFE Treaty States Parties 
and the Alliance as a whole. 
Thus, Ukraine proposes to avoid such futile discussion but to 
start right now a constructive search for the settlement of 
existing problems concerning the CFE Treaty. 
Ukraine considers it necessary to continue this work even if 
the existing problems are not settled before December 12, 
2007, that is - even after Russian suspension of its 
implementation of the CFE Treaty. 
At the same time the Russia's suggestion "to be asked by the 
CFE Treaty participating states to continue its work in the 
frame of the Joint Consultative Group (JCG) and the 
conference of participating states" when Russia does not 
implement the CFE Treaty 
obligations on a highly doubtful legal basis is unacceptable. 
 To continue the dialogue it is expedient to establish, 
within or outside the JCG, the ad-hoc working open to all 
States Parties and Russia.  The other possible way out could 
be the statement by Russia that it ceases to implement all 
provisions  of the CFE Treaty, "except Russia's participation 
in negotiating  bodies of the CFE Treaty with appropriate 
payment for their functioning".  In other words, it should be 
the Russia's initiative, but not that of the other CFE Treaty 
States Parties.  At the same time the multilateral format may 
and even should be complemented by bilateral contacts with 
Russia, but all final decisions should be taken by consensus. 
Possible steps for settling the problem. 
1.    Russian Federation and Georgia guarantee to the Russian 
military pensioners who live on the territory of the Russian 
"Gudauta" base, the proper accommodation of their choice on 
the territory of the Russia Federation or Georgia.  After 
that Russia Federation transmits that base under the control 
of Georgia, possibly under some Georgian guarantees.  For 
example, the base should not be used for military goals. 
2.    The Russian Federation reserves the right to remove all 
necessary ammunition and equipment from the depot on the 
territory of Moldova at the earliest possible date. 
3.    The rest of ammunition (unusable, redundant etc.) 
should be destroyed at the place of their storage or at the 
other objects with full NATO, EU or OSCE financing. 
4.    The responsibility for guarding Russian ammunition 
depots and arsenals on the territory of Moldova (in 
Transnistria) is gradually transferred from the armed forces 
of the Russian Federation to the international civil (police) 
contingent (in the framework of the OSCE operation) with the 
participation of the Russian Side if it deems it desirable. 
The main task, we think, is to internationalize" those 
operations.  The lead nation of the mission should be defined 
with Russia's accord. 
5.    NATO member-states, the CFE Treaty participating 
states, commence the ratification process of the Agreement on 
Adaptation of the CFE Treaty, but submission of the 
instruments of ratification is postponed till there is a 
mutual understanding of "full implementation" of all Istanbul 
obligations of 1999 by Russia (so called "Ukrainian modified 
approach").  Of course, this process will be started after 
first positive "signals" on concrete achievements and will be 
finished after the final settlement of all existing problems. 
End Text. 
7.  (U)  Post appreciates Department's assistance.  Visit 
Embassy Kyiv's classified website: 




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