C O N F I D E N T I A L ABU DHABI 001698

SIPDIS

STATE FOR NEA/ARP

STATE ALSO FOR PM/B - MURRAY

TUNIS FOR FSI - MAYBURY

E.O. 12958: DECL: 04/8/13
TAGS: PREL KTIA KICC TC
SUBJECT: ICC ARTICLE 98: UAE CONSIDERING
EXCHANGE OF DIP NOTES

REF: Abu Dhabi 415


1. (U) Classified by Ambassador Marcelle M. Wahba
for reasons 1.5 (B) and (D).


2. (C) The Ambassador used the opportunity of an
April 6 meeting with MFA Minstate Shaykh Hamdan bin
Zayid Al-Nahyan to again urge forward movement on
the signing of an ICC Article 98 agreement. Hamdan
acknowledged the importance of dealing with this
issue, which had been on the agenda of last year's
inaugural Bilateral Strategic Dialogue. The
Ambassador laid out the option of formalizing the
agreement via an exchange of diplomatic notes, but
emphasized that this would need to be legally
binding. Hamdan promised to look into the matter
right away.


3. (C) MFA Deputy Legal Affairs Director Yacoub Al-
Hosani contacted Polchief on April 7 to report that
Hamdan had decided to pursue an exchange of dip
notes. He assured that this course of action would
be legally binding. Polchief faxed over the dip
note draft language in Arabic and English provided
by the Department. Al-Hosani briefed that a
committee has been formed to review the language; he
estimated that the UAE would need approximately
three to four weeks for the review process. We will
continue to follow-up with the MFA and report our
findings to the Department.

WAHBA