NEPAL: ARTICLE 98 AGREEMENT ENTERS INTO FORCE

UNCLAS KATHMANDU 001390

SIPDIS

SENSITIVE

DEFT FOR SA, SA/INS, T, AND PM
NSC FOR MILLARD
LONDON FOR POL/GURNEY

E.O. 12958: N/A
TAGS: KTIA PREL PGOV PINR NP
SUBJECT: NEPAL: ARTICLE 98 AGREEMENT ENTERS INTO FORCE

REP: 2002 KATHMANDU 2505


1. (SBU) On July 22, 2003, Nepal's Ministry of
Foreign Affairs sent a diplomatic note to the Embassy,
informing us that the Government of Nepal (GON) has
completed the necessary domestic legal requirements
for entry into force of the Article 98 Agreement. The
Agreement, signed in Kathmandu on December 31, 2002
(reftel),required the parties to exchange diplomatic
notes confirming that domestic law supported the
Agreement. The Embassy reminded the GON of this
obligation by diplomatic note on June 26. The Embassy
will fax both Diplomatic Notes to the Nepal Desk
(SA/INS).

2. (SBU) Comment: The GON chose to utilize
provisions in Article IX of its Treaty Act to meet the
domestic legal provisions of the Agreement. The Act
states that any international treaty signed by the GON
shall supersede domestic law. As Nepal does not have
a Parliament and no planned elections, the Treaty Act
was the simplest means to ensure compliance with the
Agreement.

MALINOWSKI