Identifier
Created
Classification
Origin
03SANAA3010
2003-12-23 11:21:00
CONFIDENTIAL
Embassy Sanaa
Cable title:  

PM SENIOR ADVISOR BODINE'S 12/18 MEETING WITH FM

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 05 SANAA 003010 

SIPDIS

PM FOR AMBASSADOR BODINE; USTR FOR BUNTIN

E.O. 12958: DECL: 12/18/2013
TAGS: PTER PREL ASEC PGOV PARM KDEM YM KICC COUNTER TERRORISM MARITIME SECURITY ECON COM
SUBJECT: PM SENIOR ADVISOR BODINE'S 12/18 MEETING WITH FM
QIRBI: EXCHANGE OF ARTICLE DIPNOTES COMPLETED; CT
COOPERATION, SMALL ARMS PROGRAM AND MARITIME SECURITY;
U.S.-YEMEN TIFA; LAWYER FOR GTMO DETAINEE

REF: A. SANAA 2993

B. SANAA 2800

Classified By: Ambassador Edmund J. Hull, for reasons 1.5 (b and d)

C O N F I D E N T I A L SECTION 01 OF 05 SANAA 003010

SIPDIS

PM FOR AMBASSADOR BODINE; USTR FOR BUNTIN

E.O. 12958: DECL: 12/18/2013
TAGS: PTER PREL ASEC PGOV PARM KDEM YM KICC COUNTER TERRORISM MARITIME SECURITY ECON COM
SUBJECT: PM SENIOR ADVISOR BODINE'S 12/18 MEETING WITH FM
QIRBI: EXCHANGE OF ARTICLE DIPNOTES COMPLETED; CT
COOPERATION, SMALL ARMS PROGRAM AND MARITIME SECURITY;
U.S.-YEMEN TIFA; LAWYER FOR GTMO DETAINEE

REF: A. SANAA 2993

B. SANAA 2800

Classified By: Ambassador Edmund J. Hull, for reasons 1.5 (b and d)


1. (C) Summary: During a 12/18/03 call on Foreign Minister
Qirbi, PM Senior Advisor Bodine and Qirbi exchanged signed
diplomatic notes to complete an Article 98 agreement, (ROYG
has asked that this not/not be publicized, however.) Without
setting a precise date, Qirbi responded positively to the
Secretary's offer to meet during February 4-6, 2004, and

SIPDIS
supported completion of a U.S.-Yemen TIFA and 416(b)
agreement for dry milk by that time. Efforts to control
small arms smuggling to Yemen and within its borders were
also discussed, and Ambassador Bodine offered U.S. diplomatic
support with other countries in coordination with Yemen's
revised procedures and review of outstanding end-user
certificates. Qirbi explained the new Yemen-Oman maritime
agreement, and asked for more assistance on border and
maritime security. He noted that President Saleh's concerns
about the EXBS team's December visit would likely be
alleviated when the program produces tangible results, i.e.,
training and equipment. Qirbi responded matter-of-factly to
the Ambassador's briefing on the appointment of military
counsel for a Yemeni Guantanamo detainee, but seemed unaware
of rumors of a European businessman's stabbing near Tahrir
Square (ref a) and promised follow-up with ROYG security
offices. Ambassador Bodine's 12/17 meeting with President
Saleh is reported septel. End summary.


2. (C) PM Senior Advisor Ambassador Barbara Bodine,
accompanied by Ambassador, DCM and Pol/Econ Chief (notetaker)

called on FM Abubakr al-Qirbi on 12/18/03 at his office.
Qirbi also hosted a lunch in honor of Ambassador Bodine later
in the day.

ARTICLE 98: EXCHANGE OF DIPLOMATIC NOTES COMPLETED


3. (SBU) FM Qirbi accepted the Secretary's signed December
10, 2003, note on an Article 98 agreement hand-carried from
Washington by Ambassador Bodine. Qirbi signed and provided
Ambassador Bodine with the ROYG's response note, in both
English and Arabic, dated December 18, 2003. Ambassador
Bodine has hand-carried the ROYG notes to Washington. The
text of the ROYG's Article 98 note, which reiterates and
agrees to the provisions in the note signed by the Secretary,
is below in paragraph 16. No ceremony accompanied the
exchange, and Qirbi specifically requested that the agreement
not/not be publicized.

OFFER OF FEBRUARY MEETING WITH THE SECRETARY: SIGNING TRADE
AND INVESTMENT FRAMEWORK AGREEMENT (TIFA) AND 416(B)
ARRANGEMENT POSSIBLE


4. (C) After the exchange, Ambassador Bodine gave Qirbi the
Secretary's December 10 letter to express thanks for the

SIPDIS
ROYG's "expeditions approval of the text" of the Article 98
agreement and to extend an invitation to the Foreign Minister
to come to Washington for a meeting between February 4-6,
2004, to "discuss broader issues of bilateral cooperation."
Qirbi responded positively, and undertook to get back to the
Embassy shortly with proposed precise dates. The Ambassador
said that he would try to be in Washington at the same time
as the FM.


5. (C) Noting that a Trade and Investment Framework Agreement
(TIFA) is a first step toward a Free Trade Agreement (FTA),
the Ambassador suggested that it might be possible to
complete the negotiations and have the TIFA ready for
signature during the proposed February visit. Qirbi again
responded positively, commenting that while a TIFA for Yemen
has more of a psychological impact than concrete long-term
benefits, it is still important.


6. (C) The Ambassador also briefed Qirbi on the status of the
416(b) program, noting that work with Yemen,s prominent
business families has resulted in progress toward an agreed
price for dry milk that would extend the program for about
two years. The Ambassador gave credit to USDA )- &a hero
in U.S.-Yemen relations8 )- and suggested that if the
timing worked out the agreement could also be signed in
February. Qirbi responded with a few questions and agreed to
consider the possibility.

QIRBI: CONTROLLING SMALL ARMS THROUGH END-USER CERTIFICATES
AND LICENSING


7. (C) Ambassador Bodine raised the issue of controlling the
flow of small arms to and through Yemen. Commenting
favorably on the ROYG,s decision to vet all end-user
certificates through its embassies abroad, she suggested that
the U.S. could be helpful with diplomatic support with key
producing/exporting countries. Qirbi explained that the ROYG
decision is to negate all end-user licenses, and that the
plan is to continue to pressure traders of small arms to and
within Yemen. He said, secondly, that there is a law in
Parliament that would enforce the government policy on
carrying arms within the country. (Note: Presumably a
reference to the gun licensing law that was tabled by
Parliament during 2002, and also in 1999/2000, and
reintroduced after the April 2003 elections, which shows no
sign of movement towards passage. End note.) Qirbi said a
third goal is to slow the smuggling of arms from Yemen to the
Horn of Africa, particularly Somalia (ref b). He mentioned,
however, that the French Embassy had notified him that they
stopped a small boat carrying arms in the reverse direction,
from Somalia to Yemen.


8. (C) Ambassador Bodine remarked that the ROYG has made
excellent progress on the Yemen Coast Guard. The EDA boats
(expected in January 2004) would help the government's
efforts. The Ambassador said that he is getting reports that
the Yemeni students in coast guard training in the U.S. are
finishing at the top of their classes. Qirbi proudly noted
that three of the top ten graduates from the police academy
in Dubai are Yemeni, and that this demonstrates not superior
academic ability, but a good selection process. Ambassador
Bodine agreed that this reflects positively on Yemen,s
reputation for selecting candidates for student slots, and,
after their graduation, utilizing them effectively. This
reputation facilitated the embassy's efforts to secure
training slots for Yemenis elsewhere in our cooperation
programs.

QIRBI ON THE NEED FOR MORE BORDER/MARITIME SUPPORT AND
SALEH'S REACTION TO THE EXBS VISIT


9. (C) Qirbi said that he has complained to the Europeans
that the U.S. does not provide adequate resources for
border/maritime security. He said that the Italians are
giving $22 million dollars for radar from Aden to Shuqrah, 80
miles to Aden's east. The Ambassador requested that Captain
Innes, U.S. Maritime Advisor to Yemen, be informed about the
radar, which he noted seemed excessively expensive for its
reported coverage. Ambassador Bodine commented that the
Yemen Coast Guard (YCG) should not be viewed as solely a U.S.
project and that other donors should be encouraged to provide
expertise and equipment. Both the U.S. and the ROYG would
benefit from a broader base of support to the YCG. The
Ambassador suggested that when the YCG gets the EDA boats
operational (7 to 10 days after arrival this January) the
ROYG should invite all potential donors to a ceremony to
promote support for the YCG.


10. (C) The Ambassador raised the issue of President Saleh's
reaction to the Export and Border Security (EXBS) 4-person
team's visit to Haradh (septel). After explaining the
background on the trip, including Deputy Foreign Minister
Ambassador al-Dhabi's involvement in the planning, the
Ambassador noted that the team is now back in Washington to
battle for equipment and training to help Yemen improve its
border controls. He commented that Saleh misperceived the
team's activities as "spying." The Ambassador said that if
the ROYG decides that EXBS is not an appropriate program for
Yemen, we will not force the issue, but we need to see what
Washington proposes first. Qirbi responded that the support
provided by the program will demonstrate its intentions.

NEUTRAL RESPONSE ON YEMENI GUANTANAMO DETAINEE ASSIGNED
MILITARY DEFENSE COUNSEL


11. (C) The Ambassador briefed Qirbi on the pending press
announcement that the Department of Defense assigned a
military defense counsel to Salim Ahmed Hamdan, a Yemeni
citizen detained at Guantanamo. He explained that although
Hamdan has not been charge, President Bush has determined
that his case is subject to President Bush's Military Order
of November 13, 2001. He further noted that Hamdan was
assigned counsel in order to prepare a defense, that he is
presumed innocent until proven guilty, the standard of proof
is beyond a reasonable doubt and that Hamdan has the right to
remain silent, to present evidence and call witnesses. Qirbi
responded in a matter-of-fact manner and asked a few
questions to make sure that this information did not pertain
to pending releases of detainees. The Ambassador clarified
that post has no information that any Yemeni has been
designated for release or transfer. Qirbi claimed that
Yemen's Ambassador to the United States, Abdulwahab al-Hajri,
attended White House and FBI meetings and was informed that
Yemenis were among those to be released. At the Ambassador's
request, Qirbi said he would try to confirm the source of
this information from Ambassador al-Hajri.

RUMORS OF EUROPEAN STABBINGS IN SANA'A RAISE CONCERN


12. (C) The Ambassador asked Qirbi about rumors that a German
businessman had been stabbed, without apparent political
motive, in the stomach while walking from the Taj Sheba Hotel
to Tahrir Square in downtown Sana'a. He noted that there are
multiple stories that might be echoes of the first, but
seemed to point to incidents involving different European
nationalities. (Note: Post has now determined that there
were three separate incidents, all involving blonde
Europeans, and issued appropriate warden messages. Post's
December 20 EAC meeting minutes are reported in reftel a.
End note.) Qirbi, who had only returned to Yemen early that
morning, was surprised at the information, and promised to
follow up with ROYG security offices.

U.S. CONCERNS WITH YEMEN'S DEMOCRACY/HUMAN RIGHTS/ICC
CONFERENCE


13. (C) Qirbi was keen to determine the level of U.S. support
for the Conference on Democracy and Human Rights, including
the International Criminal Court, Yemen will co-host with the
EU in mid-January. The Ambassador noted that the National
Democratic Institute (NDI) Director, Robin Madrid, would be
back in country and that he planned to work with NDI to
determine practical, positive U.S. involvement. He noted
that, to produce constructive results, the EU should, for
example, provide resources for the national registry project.
Qirbi remarked that he is aware that the U.S. has concerns
with the ICC component of the conference, but sought to
assure the Ambassador and the U.S. that he intends to focus
on empowerment in human rights and democracy. He further
stated that the Sana'a Declaration following the Conference
will "not subject anyone to intimidation" and that reviewing
the proposal for the conference should alleviate U.S. worries
on ICC. The Ambassador responded that there is still the
issue of practical outcomes from the conference, to which the
FM retorted "that is why we want you to speak."

YEMEN-OMAN COOPERATION ON MARITIME SECURITY


14. (C) Ambassador Bodine noted that Qirbi had inaugurated
the new Yemeni Embassy building in Muscat and signed an
agreement with Oman the week before. The FM said that the
Oman-Yemen agreement on maritime borders established new
protocols, particularly on the pursuit of pirate ships, and
that it addresses the important issues of terrorism and
fishing. He agreed with the Ambassador's suggestion that
that Yemen,s hosting of the Spring NESA conference on
maritime security might provide an opportunity for Omani
participation.

QIRBI MESSAGE TO WASHINGTON: YEMEN WANTS MORE DEVELOPMENT
AID, U.S. INVESTMENT AND COOPERATION ON TERRORISM


15. (C) In response to Ambassador Bodine's offer to relay
messages to Washington, Qirbi outlined three key requests:
(1) more development aid; (2) increased investment by U.S.
companies; and (3) more cooperation on terrorism, including
increased transparency. In addition to a general request for
more aid, Qirbi said the ROYG just terminated the previous
contract on the Aden port and is working with the World Bank
to develop plans for the port's management. He outlined a
basic plan to have a private investor/company manage the
port, the container terminal and the Aden airport. He cited
interest from Honk Kong and British companies and encouraged
the U.S. to consider the opportunity. In the context of
increased CT cooperation and transparency, Qirbi urged more
information exchanges and said people dealing with Yemen need
to better understand the culture and the Yemeni mindset.

16. (C) Ambassador Bodine stated that the change in port
management was a positive change and that initiatives such as
the TIFA would help address the Yemeni request for greater
investment. On development and other cooperation, she noted
that the increase in assistance and cooperation over the past
two and a half years was remarkable and exemplified our
understanding of Yemen's needs.


17. (U) This cable was cleared by Ambassador Bodine.
TEXT OF ARTICLE 98 AGREEMENT


18. (U) Begin text of the ROYG's Diplomatic Note on Article
98:

(On Republic of Yemen, Ministry of Foreign Affairs Letterhead)

Sana,a, December 18, 2003

His Excellency
Colin L. Powell
Secretary of State

SIPDIS
Of the United States of America
Washington D.C.

Excellency:

I have the honor to acknowledge receipt of Your Excellency's
note dated December 10, 2003 which reads as follows:

&Excellency:

I have the honor to refer to recent discussions between
representatives of the Government of the United States of
America and the Government of the Republic of Yemen regarding
the surrender of persons to International Tribunals.

Reaffirming the importance of bringing to justice those
who commit genocide, crimes against humanity and war
crimes,

Considering that the Government of the United States of
America and the Government of the Republic of Yemen have each
expressed their intention to, where appropriate, investigate
and prosecute war crimes, crimes against humanity, and
genocide alleged to have been committed by their respective
officials, employees, military personnel, and nationals,

I have the honor to propose the following arrangement:


1. For the purposes of this arrangement, &persons8 of
either Party include all nationals of that Party and, for the
Government of the United States of America, also include
current and former non-U.S. national U.S. military personnel
with respect to acts or omissions allegedly committed or
occurring while they are or were U.S. military personnel.


2. Persons of one Party present in the territory of the
other shall not, absent the express consent of the first
Party,

(a) be surrendered or transferred by any means to any
international tribunal for any purpose, unless such tribunal
has been established by the United Nations Security Council,
or

(b) be surrendered or transferred by any means to any other
entity or third country, or expelled to a third country, for
the purpose of surrender to or transfer to any international
tribunal, unless such tribunal has been established by the
United Nations Security Council.


3. When the Government of the United States of America
extradites, surrenders, or otherwise transfers a person of
Yemen to a third country, the Government of the United States
of America will not agree to the surrender or transfer of
that person by the third country to any international
tribunal, unless such tribunal has been
established by the United Nations Security Council, absent
the express consent of the Government of the Republic of
Yemen.

4. When the Government of the Republic of Yemen extradites,
surrenders, or otherwise transfers a person of the United
States of America to a third country, the Government of the
Republic of Yemen will not agree to the surrender or transfer
of that person by the third country to any international
tribunal, unless such tribunal has been established by the
United Nations Security Council, absent the express consent
of the Government of the United States of America.


5. This arrangement shall remain in force until one year
after the date on which one Party notifies the other of its
intent to terminate the arrangement. The provisions of this
arrangement shall continue to apply with respect to any act
occurring, or any allegation arising, before the effective
date of termination.

If the proposal set forth herein is acceptable to Government
of the Republic of Yemen, this note and Your Excellency's
affirmative note in reply shall constitute binding
obligations under international law between our two
Governments which shall be effective on the date of Your note.

Accept, Excellency, the renewed assurances of my highest
consideration.8

I have the honor to confirm that the proposal set forth in
Your note is acceptable to (the) Government of the Republic
of Yemen, and that Your note and this note shall constitute
binding obligations under international law between our two
Governments which shall be effective on the date of this note.

Accept, Excellency, the assurances of my highest
consideration.

/s/ Abubakr Abdullah
Alqirbi

End text of the ROYG's Diplomatic Note on Article 98.
HULL