U/S BOLTON AND SPANISH FM PALACIO DISCUSS ARTICLE

C O N F I D E N T I A L ROME 004585

SIPDIS


E.O. 12958: DECL: 10/03/2013
TAGS: PARM KNNP IR SP IAEA KICC
SUBJECT: U/S BOLTON AND SPANISH FM PALACIO DISCUSS ARTICLE
98, IAEA/IRAN AND EU LEADERSHIP


CLASSIFIED BY: POLITICAL MINISTER COUNSELOR THOMAS COUNTRYMAN FOR REASO
NS 1.5(B)(D)


1. (C) SUMMARY. U/S BOLTON MET SPANISH FOREIGN MINISTER ANA
PALACIO IN ROME ON OCTOBER 3 TO DISCUSS PROGRESS ON SIGNING
ARTICLE 98 AGREEMENTS AND SPAIN'S CHAIRMANSHIP OF THE IAEA
BOARD OF GOVERNORS. FM PALACIO AGREED TO REVIEW NEW ARTICLE
98 LANGUAGE THAT MAY SATISFY EU CONCERNS ABOUT SCOPE OF
COVERAGE. SHE ENCOURAGED U/S BOLTON TO BRIEF OFFICIALS IN
MADRID ON EFFORTS TO HALT IRAN'S ILLEGAL NUCLEAR WEAPONS
PROGRAM WELL BEFORE THE NOVEMBER 20 IAEA BOARD OF GOVERNORS
MEETING, WHICH SPAIN WILL CHAIR. FM PALACIO WAS DEEPLY
CONCERNED ABOUT THE "EU3" INITIATIVE TAKEN BY FRANCE, UK AND
GERMANY TO SEND ANOTHER LETTER TO PRESIDENT KHATAMI, NOT ONLY
BECAUSE IT SEEMED A FUTILE EFFORT BUT ALSO BECAUSE OF THE
IMPLICATIONS OF THREE EU MEMBERS PURPORTING TO ACT ON BEHALF
OF THE EU AS A WHOLE. END SUMMARY.

ARTICLE 98
--------------

2. (C) U/S BOLTON EXPLAINED THAT 67 COUNTRIES HAVE NOW SIGNED
ARTICLE 98 AGREEMENTS WITH THE USG, INCLUDING 30 SIGNATORIES
TO THE ROME TREATY THAT ESTABLISHED THE INTERNATIONAL
CRIMINAL COURT (ICC). COLOMBIA RECENTLY JOINED THE LIST
AFTER REACHING AGREEMENT WITH THE US ON LANGUAGE THAT
SATISFACTORILY ADDRESSED COLOMBIA'S CONCERNS ABOUT THE SCOPE
OF COVERAGE ISSUE, U/S BOLTON SAID. COLOMBIA'S CONCERNS WERE
SIMILAR TO THOSE OF THE EU MEMBERS, U/S BOLTON SAID,
SUGGESTING THAT THE LANGUAGE ADOPTED IN THE AGREEMENT WITH
COLOMBIA MAY OFFER A WAY OUT OF THE IMPASSE BETWEEN THE US
AND THE EU. FM PALACIO NOTED THAT, AS A LAWYER, SHE HAS BEEN
HEAVILY INVOLVED IN THE ISSUES SURROUNDING THE ICC AND
ARTICLE 98 AGREEMENTS. SHE NEGOTIATED HARD WITHIN THE EU
LAST YEAR TO REACH THE CURRENT EU POSITION WHICH, WHILE NOT
FULLY WHAT THE USG WANTED, REPRESENTS A STEP FORWARD, SHE
SAID. IT IS UNLIKELY THE EU MEMBERS WILL ACCEPT BROAD
LANGUAGE THAT EXEMPTS US CITIZENS UNDER CONTRACT OR CITIZENS
AT LARGE, BUT SHE AGREED TO STUDY THE COLOMBIAN LANGUAGE AND
DO WHAT SHE CAN WITHIN THE EU.

IAEA BOG, IRAN AND THE EU
--------------

3. (C) NOTING THAT SPAIN NOW SERVES AS CHAIR OF THE IAEA
BOARD OF GOVERNORS (BOG),U/S BOLTON OFFERED TO BRIEF THE
FOREIGN MINISTER AND OTHER APPROPRIATE OFFICIALS IN MADRID ON
EFFORTS TO HALT IRAN'S ILLEGAL NUCLEAR WEAPONS PROGRAM. FM
PALACIO AGREED A BRIEFING WOULD BE USEFUL AND STRESSED THAT
IT WOULD BE IMPORTANT FOR SPAIN TO KNOW IN ADVANCE THE
CONTENT OF ANY DRAFT RESOLUTION THAT MIGHT BE PROPOSED, IN
THE EVENT THE IAEA BOG REFERS IRAN'S NONCOMPLIANCE TO THE
UNSC. INFORMATION SHARING WOULD BE CRUCIAL TO LAYING THE
GROUNDWORK, SHE SAID.


4. (C) PALACIO WAS CONCERNED ABOUT THE "EU3" INITIATIVE BY
FRANCE, UK AND GERMANY TO SEND PRESIDENT KHATAMI ANOTHER
LETTER URGING FULL COOPERATION WITH THE IAEA. THE "EU3"
DOESN'T EXIST, SHE SAID, SO WHO ARE THEY REPRESENTING WHEN
THEY SIGN THE LETTER? STRAW, DE VILLEPIN AND FISCHER WILL
HAVE TO DISCUSS THE LETTER WITH ALL EU MEMBERS BEFORE IT CAN
BE SENT AS AN EU INITIATIVE, AND NO ONE HAS DISCUSSED IT WITH
HER YET, SHE SAID. THE CAPACITY IN WHICH THEY ARE SENDING
THE LETTER NEEDS TO BE CLARIFIED OR THERE WILL BE MORE SUCH
INITIATIVES LAUNCHED BY A FEW EU COUNTRIES UNDER THE EU LABEL
WITHOUT THE FULL INVOLVEMENT OF ALL EU MEMBERS. THESE
"SKIRMISHES" WILL DEFINE WHAT CAN BE STAMPED WITH THE "EU"
LABEL, SHE SAID. THE NEXT THREE MONTHS ARE "CRUCIAL" FOR
WHAT EUROPE AND EU FOREIGN POLICY WILL LOOK LIKE, SHE ADDED.
SPAIN AND POLAND HAVE A STRATEGIC ALLIANCE ON MANY ISSUES,
SHE NOTED, AND WILL "STAND FIRM" AGAINST THE FORMATION OF A
"DIRECTOIRE OF THREE" THAT PROPOSES TO ACT ON BEHALF OF THE
EU WITHOUT THE CONSENT OF ALL EU MEMBERS.


5. (C) PALACIO ASKED THE USG'S POSITION ON SENDING A SECOND
LETTER TO IRAN. U/S BOLTON SAID HE HAD URGED THE POLITICAL
DIRECTORS OF BRITAIN AND FRANCE NOT TO SEND ANOTHER LETTER
BECAUSE IT GIVES THE IMPRESSION THE US AND EU ARE SPLIT ON
THE ISSUE OF IRAN'S NONCOMPLIANCE AND WILL BE USED BY IRAN TO
OBFISCATE FURTHER ITS INTENTIONS. PALACIO AGREED AND NOTED
THAT IRAN IS PLAYING WITH TIME IN ORDER TO SEE HOW THE
SITUATION IN IRAQ PROGRESSES. SHE SAID SHE WOULD TRY TO
DISCUSS THE ISSUE INFORMALLY WITH HER COLLEAGUES AT THE EU
INTERGOVERNMENTAL CONFERENCE ON OCT. 4.


6. (U) U/S BOLTON HAS CLEARED THIS MESSAGE.
SEMBLER

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2003ROME04585 - Classification: CONFIDENTIAL