Identifier
Created
Classification
Origin
03AMMAN7227
2003-11-04 18:11:00
CONFIDENTIAL
Embassy Amman
Cable title:  

JORDAN COMMITTED TO REACHING ARTICLE 98 AGREEMENT,

Tags:  PREL KPAL KTIA IS JO 
pdf how-to read a cable
This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L SECTION 01 OF 02 AMMAN 007227 

SIPDIS

DEPARTMENT FOR PM:BODINE, NEA FOR NEA/ARN

E.O. 12958: DECL: 10/04/2103
TAGS: PREL KPAL KTIA IS JO
SUBJECT: JORDAN COMMITTED TO REACHING ARTICLE 98 AGREEMENT,
BUT BALKS AT SUGGESTION OF LINK TO ESF


Classified By: Ambassador Edward W. Gnehm for Reasons 1.5 (B,D)

-------
SUMMARY
-------

C O N F I D E N T I A L SECTION 01 OF 02 AMMAN 007227

SIPDIS

DEPARTMENT FOR PM:BODINE, NEA FOR NEA/ARN

E.O. 12958: DECL: 10/04/2103
TAGS: PREL KPAL KTIA IS JO
SUBJECT: JORDAN COMMITTED TO REACHING ARTICLE 98 AGREEMENT,
BUT BALKS AT SUGGESTION OF LINK TO ESF


Classified By: Ambassador Edward W. Gnehm for Reasons 1.5 (B,D)

--------------
SUMMARY
--------------


1. (C) Jordanian Foreign Minister Marwan Muasher reiterated
to the Ambassador that Jordan is committed to negotiate and
sign an Article 98 agreement with the U.S. and should have a
counter-draft ready soon. Muasher expressed great
disappointment that the USG might have thought to link such
an agreement to U.S. economic assistance, specifically the
additional $100 million in FY 2004 ESF. Jordan does not want
to sign an Article 98 agreement that might impair its ability
to pursue possible legal action in case of an Israeli
transfer of Palestinians into Jordan -- a possibility which,
however remote from reality, looms large on the conscience of
Jordan's leadership and public. End Summary.

--------------
WE'RE READY WHEN YOU ARE
--------------


2. (C) During a wide-ranging discussion November 3,
Jordanian FM Muasher told the Ambassador that the GOJ is
ready and willing to conclude an Article 98 agreement with
the U.S. Muasher said that he was confident that any
obstacles could be overcome and that together the two
countries can "make this happen." He further stated that the
GOJ would have a new counter-proposal ready as early as
November 4.

--------------
DON'T TREAD ON US!
--------------


3. (C) Muasher expressed great disappointment that the USG
might have considered conditioning an FY 2004 ESF earmark of
$100 million to conclusion of an Article 98 agreement.
According to Muasher, Jordanian Minister of Planning Bassem
Awadallah had felt "very pressured" during his recent trip to
Washington about an Article 98 agreement, as well as the
release of Iraqi funds frozen in Jordanian banks. Some U.S.
officials had even implied that the Administration might
withhold the $100 million if an Article 98 agreement was not
reached. This attitude was inconsistent with the close
U.S.-Jordanian relationship.


4. (C) The Ambassador replied that despite what Muasher and
Awadallah might have heard, the U.S. Administration had
attached no such conditionality. In accordance with
established procedures, USAID will follow its "normal
process" and sit down with the Ministry of Planning to
jointly establish reasonable conditions for the ESF directly
related to economic reform/progress. The Ambassador was very
firm, however, that the U.S. was concerned that the GOJ was
not taking seriously two issue of considerable importance to
the U.S. We wanted to see real action on an Article 98
agreement (and the assets transfer) prior to King Abdullah's
visit to Washington December 4-5. We saw no reason why this
could not happen.

--------------
TRANSFER ISSUE "VITAL" TO JORDAN
--------------


5. (C) Saying that he had "no problem" with protecting
Americans from prosecution, Muasher focused his concern on
the transfer of civilians by an occupying power as prohibited
by Article 8(2)(b)(viii) of the Rome Statute. Jordan had to
protect its national interests. Muasher insisted that the
GOJ could never sign any agreement that might prejudice its
ability to take legal action in case of an Israeli transfer
of Palestinians into Jordan. He said that the transfer issue
was "vital" to Jordan's future security. While conceding
that Israel was probably not contemplating the involuntary
transfer of Palestinians at the present time, Muasher opined
that such a transfer could become a serious option for Israel
in the future.


6. (C) The Ambassador noted Muasher's concern, but said that
this could undoubtedly be addressed and resolved in
negotiations. The Ambassador pointed out that the U.S. had
reached Article 98 agreements with over 70 different
countries, with agreements tailored to account for a
country's unique circumstances.

--------------
COMMENT
--------------


7. (C) Senior GOJ officials have clearly heard and
understood our message on Article 98. If Washington
maintains a full court press on Prince Zaid at Jordan's UN
mission on this issue, post will do the same on this end to
reach an agreed text. Muasher's concerns about the
agreement's impact on Jordan's ability to act against a
potential transfer of Palestinians may strike some as
hypothetical at best, or disingenuous at worst. However,
fear of a large scale transfer runs rampant throughout
Jordan, right up to senior leadership levels, and cannot
easily be dispelled, regardless of logic. We are sure a way
can be found to resolve specific concerns about the text of
the agreement.

Visit Embassy Amman's classified web site at
http://www.state.sgov.gov/p/nea/amman or access the site
through the State Department's SIPRNET home page.

GNEHM