Federal Export Control Law Stalled by

C O N F I D E N T I A L ABU DHABI 004060

SIPDIS

STATE FOR NEA AND NP/ECC
USDOC FOR BIS/OIP/MKIM

E.O. 12958: DECL: 11/09/14
TAGS: ETTC ECON PARM PREL KSTC TC
SUBJECT: Federal Export Control Law Stalled by
Internal Jurisdiction Fight

Classified by Deputy Chief of Mission Richard A.
Albright, reasons 1.5 (b) and (d).


1. (C) SUMMARY: Despite good UAEG cooperation on
interdiction of WMD components, UAEG attempts to push
forward on a federal export control law are currently
stymied by internal struggles between federal agencies
and individual emirates. Emboffs have recently
received conflicting reports on the status of a draft
export control law, but the overwhelming message is
that the glacial progress is due to issues of
jurisdiction. Most likely, there will be no progress
before the end of the year. End summary.


2. (C) The UAEG has made little visible progress in
drafting its export control law. At least part of the
problem appears to be a dispute over jurisdiction.
According to the MFA, a draft law (based on the USG
template) is under technical review at the Ministry of
Justice. However, MFA Director of International
Cooperation, Yacoub Al-Hosani also noted that the
interministerial committee responsible for the bill
had not had a chance to meet to discuss issues in the
bill. The committee includes not only federal
government officials, but also representatives from
the individual emirates some of whom have reportedly
expressed concerns about local impacts of such a law.
In a recent meeting with Director General of the
Federal Customs Authority (FCA) Mohammed Al-Mehairi
(protect),he said that he was not aware of any
progress on the bill, at all. Al-Mehairi also
admitted that his agency and the Ministry of Justice
were engaged in jurisdictional battles over export
controls and other customs issues.


3. (C) In recent days, Emboffs have received
conflicting reports about the status or even existence
of a technical draft. If there is a draft, it is with
the Ministry of Justice which reviews all UAE
legislation in draft form; however, this Ministry does
not have the expertise on export control and customs
procedures to hammer out a plausible draft without the
input of other agencies.


4. (C) Officials have indicated that they would like
to see a draft before the end of the year; however,
two weeks of government closure for official mourning
after the death of Sheikh Zayed and the Eid al Fitr
holiday make further progress impossible until at
least November 20. Post believes that we will not see
major progress in drafting the law before the end of
the year.


5. (C) Comment: The UAEG remains committed to
controlling dangerous exports, as their recent
informal cooperation with the USG and other members of
the international community demonstrates.
Unfortunately, this commitment to interdict WMD
components has not translated into rapid movement on
drafting a new law. Bureaucratic inertia, limited
manpower, and jurisdictional disputes all contribute
to the glacial progress. The last factor is possibly
the most important, given the loose confederal
structure of the UAE. Al-Muhairi views export
controls as an important reason for the Federal
Customs Authority to accumulate more responsibility
and power vis-a-vis the local authority of each
emirate as well as a logical extension of FCA's
authority. The local emirates, especially the poorer
emirates, view customs revenues as an important part
of their budget. The FCA's concern is that they would
resist any concentration of authority in the hands of
the FCA, out of concern that this would affect thier
customs revenue. Their fear is that if the FCA takes
on more responsibility for enforcing customs and
export control laws, it would be able to argue for a
share of customs revenues to pay expenses. End
comment.

SISON