UAEG WANTS ARTICLE 98 DVC ON JULY 16

C O N F I D E N T I A L ABU DHABI 003251 SIPDIS DEPT FOR NEA/ARP, T, AND PM/B NSC FOR THEROUX DOD FOR OSD/ISA/NESA E.O. 12958: DECL 07/12/08 TAGS: PREL KTIA KICC PGOV PARM TC SUBJECT: UAEG WANTS ARTICLE 98 DVC ON JULY 16 ¶1. (U) Classified by A/DCM Katherine Van De Vate, for reasons 1.5 (B) and (D). ¶2. (C) Summary and Action Request: The UAE Ministry of Justice is eager to hold a digital videoconference on the U.S.-UAE Article 98 agreement and is proposing July 16 for the date. The relevant Ministry of Justice personnel will not be in the country after the end of this week. We request that Washington participants see if it is possible to hold a DVC on July 16. Otherwise it is likely that the discussions will slip until September. Post hopes to have this signed late September/early October and would, therefore, appreciate efforts to hold the DVC on the 16th. End Summary and Action Request. ¶3. (C) The Ambassador met with UAE Minister of Justice, Islamic Affairs, and Awqaf Mohamed Nakhera Al-Dhaheri on July 13. The Minister raised a number of questions that the UAEG has about the proposed text. The Ambassador suggested that these would be best raised with the appropriate USG officials in a digital videoconference. ¶4. (C) The issues are: -- The UAEG is concerned about the text that states the USG and the UAEG have each "expressed their intention to investigate and to prosecute where appropriate acts within the jurisdiction" of the ICC. The UAEG is concerned that the phrase "where appropriate" leaves open the possibility that allegations would not be investigated. The Ambassador explained that USG concerns relate specifically to politically motivated attacks on U.S. personnel. --The UAEG proposed that the agreement should cover nationals of each party only. The Ambassador noted that the U.S. military has a number of non-Amcits serving. --The Minister also asked for an explanation of the statement "current and former" military personnel. He asked whether this meant that former military personnel traveling to the UAE on private business or tourism would be protected under the agreement. --The Minister explained the UAEG rationale for deleting paragraph 6 of the text that says "This agreement shall remain in force.." The UAEG position is that this is not being negotiated as an "agreement," but as an exchange of diplomatic notes, and therefore, calling it an agreement is inappropriate. The Ambassador suggested that the UAEG provide alternate language, and the Minister agreed. 5 (U) Econchief followed up with Abdul Rahim Al-Awadi, Undersecretary for International Cooperation and Planning at the Ministry of Justice, to provide him with Department's suggested dates (July 22-23, 29-30). Al-Awadi told Econchief that these dates would not be possible for the UAEG and proposed that the DVC be held on July 16. Post strongly supports the UAEG suggested date. We hope to have negotiations concluded quickly in order to have the signing ceremony by the end of September/early October to coincide with the annual strategic partnership meeting to be held in Abu Dhabi at that time. Wahba