JUDICIAL ASSISTANCE - DEPARTMENT OF JUSTICE

UNCLAS AMMAN 009521

SIPDIS

FOR CA/OCS/ACS/NESA

E.O. 12958: N/A
TAGS: CJAN PTER JO
SUBJECT: JUDICIAL ASSISTANCE - DEPARTMENT OF JUSTICE
CRIMINAL INVESTIGATION OF SAMI KHOSHABA LATCHIN

REF: A) AMMAN 6983, B) STATE 169808


1. ON NOVEMBER 10, 2004, POST RECEIVED A DIPLOMATIC
NOTE FROM THE JORDANIAN MINISTRY OF FOREIGN AFFAIRS
(MFA),IN RESPONSE TO OUR DIPLOMATIC NOTE NUMBER 910
DATED AUGUST 10, 2004, CONCERNING THE DEPARTMENT OF
JUSTICE'S REQUEST FOR ASSISTANCE IN A CRIMINAL
INVESTIGATION (REF. B).


2. THE MFA NOTE INDICATED THAT THE CENTRAL BANK
CANNOT PROVIDE SUCH ASSISTANCE BECAUSE ARTICLE 45 OF
THE CENTRAL BANK LAW AND ARTICLES 72 AND 73 OF THE
BANKS LAW ENFORCE COMPLETE SECRECY ON BANK ACCOUNTS.
ADDITIONALLY, THERE IS NO JUDICIAL COOPERATION TREATY
BETWEEN THE HASHEMITE KINGDOM OF JORDAN AND THE UNITED
STATES OF AMERICA THAT ORGANIZES THE BASICS OF
COOPERATION BETWEEN THE TWO PARTIES.


3. COMMENT: IN AN EFFORT TO IMPROVE THE TIMELINESS
OF GOJ RESPONSES TO OUR DIP NOTE INQUIRIES, LEGATT HAS
ESTABLISHED A TICKLER FILE SYSTEM TO CHECK WITH THE
MINISTRY OF FOREIGN AFFAIRS EVERY 60 DAYS ON THE
STATUS OF UNANSWERED INQUIRIES. REGARDING OBTAINING
POSITIVE RESPONSES TO OUR REQUESTS, LEGATT, DOJ/OIA
AND CHARGE HAVE HELD DISCUSSIONS WITH THE MINISTER OF
JUSTICE AND THE MINISTER OF FOREIGN AFFAIRS TO EXPLAIN
OUR LEGAL PROCESSES AND THE FACT THAT THE USG NEEDS
RAPID -- AND AFFIRMATIVE -- RESPONSES FOR LAW
ENFORCEMENT PURPOSES. THE MINISTER OF INTERIOR IS
EXAMINING MATERIALS PROVIDED AND SHOULD PROVIDE A
RESPONSE SOON. DOJ/OIA WILL BE COMING TO JORDAN IN
JAN/FEB 2005 FOR FURTHER DISCUSSIONS WITH THE GOJ IN
THIS REGARD.

HALE