ADMINISTRATIVE MESSAGE ROUTINE R 201823Z OCT 00 ZYB MIN PSN 575381J29 FM SECNAV WASHINGTON DC//SN// TO ALNAV UNCLAS //N05050// ALNAV 085/00 MSGID/GENADMIN/SECNAV// SUBJ/COMPLIANCE AND IMPLEMENTATION OF THE CHEMICAL WEAPONS CONVENTION /(CWC)// RMKS/1. THIS MESSAGE PROVIDES INTERIM IMPLEMENTATION POLICY AND GUIDANCE TO FLEET AND MARINE OPERATING FORCES REGARDING PLANNING FOR THE POSSIBILITY OF CWC CHALLENGE INSPECTION AND HAS BEEN COORDINATED WITH THE CHIEF OF NAVAL OPERATIONS AND COMMANDANT OF THE MARINE CORPS. THIS MESSAGE REMAINS IN EFFECT UNTIL REPLACED BY THE PUBLICATION OF A SECNAV INSTRUCTION EXPECTED TO BE ISSUED WITHIN 90 DAYS. 2. BACKGROUND. THE CWC ENTERED INTO FORCE ON 29 APRIL 1997 AND IS NOW LAW. THE CWC PROHIBITS THE DEVELOPMENT, PRODUCTION, ACQUISITION, STOCKPILING, RETENTION, TRANSFER AND USE OF CHEMICAL WEAPONS (CW). THE CWC ALSO PROHIBITS THE USE OF RIOT CONTROL AGENTS (RCA) AS A METHOD OF WARFARE. COMPLIANCE WILL BE MONITORED BY A VERIFICATION REGIME THAT INCLUDES DECLARATION OF PAST CW RELATED ACTIVITY SUBSEQUENT TO 1946, ROUTINE INSPECTION OF DECLARED FACILITIES, AND SHORT NOTICE ANYTIME, ANYWHERE CHALLENGE INSPECTIONS WHICH COULD POTENTIALLY AFFECT ANY DEPARTMENT OF THE NAVY (DON) FACILITY WORLDWIDE. THE U.S. GOVERNMENT HAS NO RIGHT OF REFUSAL OF AN INSPECTION, AND IS OBLIGATED TO MAKE ALL REASONABLE EFFORTS TO FACILITATE THE CONDUCT OF INSPECTIONS BOTH IN THE U.S. AND IN U.S. FACILITIES IN THE TERRITORY OR UNDER THE JURISDICTION OR CONTROL OF OTHER NATIONS. DOD CWC PLANNING ASSUMPTIONS PROJECT NO MORE THAN ONE CHALLENGE INSPECTION AT U.S. FACILITIES OR U.S. FACILITIES IN TERRITORIES OF OTHER NATIONS IN ANY ONE YEAR. THE CWC ALLOWS STOCKPILING OF RCA FOR USE OTHER THAN AS A METHOD OF WARFARE, CUSTODY OF DEMILITARIZED CW MUNITIONS/DEVICES FOR USE AS DEFENSIVE TRAINING AIDS, AND CONDUCT OF CW RELATED DEFENSIVE EFFORTS. A. STRATEGIC SYSTEMS PROGRAMS (SSP), NAVY STAFF, MARINE CORPS STAFF, AND NAVAL CRIMINAL INVESTIGATIVE SERVICE (NCIS) HAVE BEEN PLANNING CWC IMPLEMENTATION ACTIONS FOR SEVERAL YEARS. DESPITE THE UNLIKELY EVENT THAT ANY ONE DON FACILITY WILL BE CHALLENGED, THE DON HAS DEVELOPED A CENTRALIZED MANAGEMENT APPROACH TO CWC IMPLEMENTATION PLANNING. THIS INCLUDES TREATY TRAINING AND AWARENESS SEMINARS, AN INSPECTION READINESS PLAN AND VIDEOTAPE TO BE PROVIDED TO DON CONUS SHORE FACILITIES, AND A STANDBY BASE ASSISTANCE TEAM OF CWC TREATY EXPERTS WHICH WILL BE ASSIGNED TEMPORARY DUTY TO THE COMMANDING OFFICER OF ANY DON CONUS SHORE FACILITY SUBJECT TO A CWC CHALLENGE INSPECTION. SSP IS ACTIVELY WORKING WITH NAVAL CINC COMPONENTS ON CWC INSPECTION SUPPORT PLANNING FOR OCONUS FACILITIES. READINESS PLANS HAVE BEEN TESTED DURING SEVEN CWC CHALLENGE INSPECTION TRAINING EXERCISES AT MAJOR NAVY AND MARINE CORPS FACILITIES IN THE U.S. B. IF A NAVY OR MARINE CORPS FACILITY IS TO BE INSPECTED, THE INITIAL NOTIFICATION OF A REQUEST FOR AN INSPECTION SHOULD COME FROM SSP AND/OR THE CHAIN OF COMMAND. FACILITIES THAT RECEIVE REQUESTS FOR CWC INSPECTIONS FROM ANY OTHER SOURCE SHOULD CONFIRM WITH THEIR CHAIN OF COMMAND AND SSP (SP2025 NAVAL TREATY IMPLEMENTATION PROGRAM) (NAVARMSCONTROLCOORD WASHINGTON DC/) BY THE FASTEST AVAILABLE MEANS (OPREP-3). THE CWC INCLUDES PROVISIONS WHICH ALLOW TIME FOR FACILITY PREPARATIONS PRIOR TO COMMENCEMENT OF INSPECTION ACTIVITIES. 3. POLICY. THE POLICY OF THE DON IS TO COMPLY WITH U.S. NATIONAL GUIDANCE ON THE CWC. THIS DOES NOT ALLEVIATE OTHER RESPONSIBILITIES IN COMPLYING WITH NAVY AND MARINE CORPS SAFETY AND SECURITY REGULATIONS AND DIRECTIVES. WHILE DEMONSTRATING COMPLIANCE WITH THE CWC, COMMANDERS MUST ENSURE THAT THEY MEET THEIR OTHER COMMAND RESPONSIBILITIES. A. CWC CHALLENGE INSPECTIONS MAY BE CONDUCTED AT ANY DON FACILITY WORLDWIDE. THE COMMANDERS OF NAVY AND MARINE CORPS FACILITIES SUBJECT TO A CWC CHALLENGE INSPECTION IN THE U.S. AND OVERSEAS SHALL COORDINATE SUCH INSPECTIONS AND PROCEDURES WITH THEIR CHAIN OF COMMAND. ONCE NOTIFIED OF A POTENTIAL CWC INSPECTION, COMMANDERS SHALL COORDINATE ANY DEPARTURE AND OTHER MOVEMENT WITH THEIR OPERATIONAL CHAIN OF COMMAND. SHIPS AND AIRCRAFT WILL NORMALLY NOT BE REQUIRED TO REMAIN PRESENT IN A U.S. OR FOREIGN PORT OR AIRFIELD ANY LONGER THAN THEIR DECLARED DEPARTURE DATE TO ACCOMMODATE A CWC INSPECTION. B. INTERNATIONAL INSPECTORS AND THEIR U.S. GOVERNMENT ESCORTS (U.S. HOST TEAM) DO NOT EXERCISE COMMAND AUTHORITY AT INSPECTED NAVY AND MARINE CORPS FACILITIES. THE COMMANDERS OF NAVY AND MARINE CORPS FACILITIES ARE RESPONSIBLE UNDER UNITED STATES NAVY REGULATIONS FOR THE ROUTINE CONDUCT OF OPERATIONS, CONTROL OF ACCESS TO THEIR FACILITIES, THE SAFETY OF VISITORS, THE PROTECTION OF NATIONAL SECURITY INFORMATION, AND COMPLIANCE WITH INTERNATIONAL AGREEMENTS AT THEIR FACILITIES. C. PROGRAM MANAGERS ARE RESPONSIBLE FOR PROTECTING NATIONAL SECURITY AND SENSITIVE INFORMATION REGARDING THEIR PROGRAMS THROUGH EXISTING SECURITY PLANS OR OTHER APPROPRIATE MEANS. D. THE RIGHT OF MANAGED ACCESS SHALL BE EMPLOYED IN PROVIDING ACCESS FOR INSPECTORS AND OBSERVERS. MANAGED ACCESS INCLUDES, AMONG OTHER THINGS, SECURING CLASSIFIED PAPERS, MEDIA, AND COMPUTERS; SHROUDING SENSITIVE ITEMS; USE OF SELECTIVE ACCESS TECHNIQUES; AND CONTROL OF ROUTES AN TIMING. (1) ACCESS SHALL NOT BE GRANTED TO NATIONAL SECURITY INFORMATION, OR TO INFORMATION CONTROLLED AS RESTRICTED DATA OR FORMERLY RESTRICTED DATA UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED. (2) ACCESS SHALL NOT BE GRANTED TO NUCLEAR PROPULSION SPACES. ACCESS TO NUCLEAR PROPULSION SPACES IS PER SE UNAUTHORIZED ACCESS TO CLASSIFIED INFORMATION BECAUSE OF THE UNIQUE DESIGN AND CONFIGURATION OF THE PROPULSION PLANT. THE APPLICATION OF MANAGED ACCESS TOOLS SUCH AS SHROUDING OR COVERING OF NUCLEAR PROPULSION SPACES IS INADEQUATE TO SHIELD SENSITIVE AND CLASSIFIED INFORMATION FROM OBSERVATION, AND TO DO SO WOULD PRECLUDE ESSENTIAL MONITORING OF THE PROPULSION PLANT. THIS REPRESENTS CURRENT DON IMPLEMENTATION POLICY. (3) COMMANDERS SHOULD MAKE EVERY REASONABLE EFFORT TO DEMONSTRATE THAT ANY AREA, STRUCTURE, OR OBJECT TO WHICH THE INSPECTION TEAM HAS NOT BEEN GRANTED ACCESS IS NOT USED FOR PURPOSES RELATED TO THE POSSIBLE CWC NONCOMPLIANCE CONCERNS. 4. ACCESS TO PUBLIC VESSELS OR AIRCRAFT. A. FOR PURPOSES OF THIS ALNAV, PUBLIC VESSELS OR AIRCRAFT ARE DEFINED AS WARSHIPS, NAVAL AUXILIARIES, MILITARY AIRCRAFT, AND OTHER VESSELS OR AIRCRAFT OPERATING IN NONCOMMERCIAL SERVICE FOR THE U.S. GOVERNMENT. B. PUBLIC VESSELS OR AIRCRAFT MAY BE THE OBJECT OF REQUESTS FOR A CWC INSPECTION IF INSIDE THE PERIMETER OF AN INSTALLATION OR AREA WHICH IS SUBJECT TO A CWC CHALLENGE INSPECTION. C. BECAUSE IT IS U.S. POLICY TO ASSERT SOVEREIGN IMMUNITY FOR PUBLIC VESSELS OR AIRCRAFT, COMMANDERS SHALL UNDER NO CIRCUMSTANCES PERMIT AN INSPECTION WITHOUT SPECIFIC APPROVAL FROM THEIR CHAIN OF COMMAND AT THE LEVEL OF THE UNIFIED CINC. D. ACCESS TO PUBLIC VESSELS OR AIRCRAFT FOR CWC INSPECTIONS SHALL THEN BE GRANTED ONLY TO THE EXTENT NECESSARY TO DEMONSTRATE THE PUBLIC VESSEL OR AIRCRAFT IS NOT BEING USED FOR PURPOSES RELATED TO THE POSSIBLE CWC NONCOMPLIANCE CONCERNS. 5. ASSISTANT SECRETARY OF THE NAVY (RESEARCH, DEVELOPMENT, AND ACQUISITION) IS RESPONSIBLE FOR OVERALL MANAGEMENT AND OVERSIGHT OF THE CWC COMPLIANCE AND IMPLEMENTATION PROCESS FOR THE NAVY AND MARINE CORPS. SSP IS THE DON EXECUTIVE AGENT FOR CWC. POC IS CAPT M. R. MAXFIELD, USN, DIRECTOR, NAVAL TREATY IMPLEMENTATION PROGRAM (SP2025), (202) 764-0910, DSN: 764-0910, PLAD: NAVARMSCONTROLCOORD WASHINGTON DC, E-MAIL: SP2025@SSP.NAVY.MIL. 6. RELEASED BY THE HONORABLE RICHARD DANZIG, SECRETARY OF THE NAVY.// BT