EXBS: TURKS REJECT AGREEMENT ARTICLES: NEXT STEPS

C O N F I D E N T I A L ANKARA 002709 SIPDIS STATE FOR NP/KATHY CROUCH ENERGY FOR SLD USCS/INA FOR DHARRELL ROME FOR CUSTOMS ATTACHE E.O. 12958: DECL: 04/25/2013 TAGS: ETTC KSTC PARM PREL TU SUBJECT: EXBS: TURKS REJECT AGREEMENT ARTICLES: NEXT STEPS REF: A. ANKARA 2374 ¶B. STATE 29502 (U) Classified by Political-Military Counselor Stuart Brown. Reasons 1.5 (b) and (d). ¶1. (U) This is an action request. Please see para 3. ¶2. (C) Polmiloff on April 25 spoke with MFA/Disarmament Second Secretary Aykut Kumbaroglu to inquire if there had been any further movement on Turkey's objection to three articles of our proposed Export Control and Related Border Security Assistance (EXBS) Program agreement (ref a). Kumbaroglu informed us that Turkey's position was firm in that the articles are not in conformity with Turkish legislation. Polmiloff then asked if the GOT could suggest acceptable alternative language. He replied that such an exercise was futile as the entirety of the three articles were problematic and could not be fixed by wordsmithing the language. He then went on to say the MFA assumed the Agreement was a "template" one presented by the USG to several governments with no negotiating process or country-specific considerations. Thus, no regard had been given to Turkey's specific legislative obstacles. He proposed once again that Turkey and the US continue to cooperate with "purpose-oriented projects" without an extensive, overarching agreement. Polmiloff informed Kumbaroglu that the Department's position is that further equipment installation and other EXBS program projects cannot go forward absent the GOT's signing the proposed agreement. Polmiloff asked Kumbaroglu to convey this information to his Department Head. ¶3. (C) Action Request: Post requests the Department's guidance on next steps. It would seem that we need either bilateral negotiations with the GOT to overcome Turkey's specific legislative obstacles or we need to consider the GOT recommendation to proceed on a project-by-project basis, short of an overarching EXBS agreement. Please advise. PEARSON