ARTICLE 98: BAHRAIN CONCERNED ABOUT PRESENTING

C O N F I D E N T I A L MANAMA 001738

SIPDIS

STATE FOR T, PM, NEA/ARPI

E.O. 12958: DECL: 11/20/2014
TAGS: KJUS MARR PREL BA KICC
SUBJECT: ARTICLE 98: BAHRAIN CONCERNED ABOUT PRESENTING
AGREEMENT TO PARLIAMENT FOR RATIFICATION

REF: STATE 237141

Classified by Ambassador William T. Monroe for reasons 1.4
(b) and (d).


1. (U) This is an action message; please see para 6.


2. (C) Ambassador, noting that he had been called personally
by Under Secretary Bolton on the subject, delivered reftel
points on completing Article 98 agreements November 20 to
Minister of State for Foreign Affairs Mohammed Abdul Ghaffar.
Abdul Ghaffar responded that, agreement or not, Bahrain
would never deliver an American citizen, whether civilian or
military, to a third country. He said that ratification of
the agreement signed by the U.S. and Bahrain in February 2003
would have to go through the Council of Representatives
(COR),which is controlled by Islamists. Abdul Ghaffar
stated that he could not guarantee the COR would pass the
agreement, and even presenting it to parliament could "open a
Pandora's Box." He thought that if the regional scene was
calmer, and there was progress on the Roadmap and in Iraq,
there would be a better chance of the COR approving the
agreement.


3. (C) The Ambassador expressed his disappointment with
Abdul Ghaffar's response and urged him to reconsider. The
Ambassador noted that the Kuwaiti government intended to
present the Article 98 agreement to its parliament for
ratification, and perhaps Bahrain could learn from this
experience. Abdul Ghaffar agreed, but said that the
situation in Kuwait was different from that in Bahrain.


4. (C) The Ambassador suggested that the GOB consider
ratifying the agreement through an exchange of diplomatic
notes with the USG rather than through parliament. Abdul
Ghaffar said he would task the legal office to research
whether this option is consistent with Bahrain's
constitution. He asked if we could pass him sample text for
an exchange of diplomatic notes on Article 98.


5. (C) Abdul Ghaffar stated he would arrive in Washington on
Tuesday, November 23 in advance of King Hamad's November 29
visit. He offered to meet with Under Secretary Bolton to
discuss this issue, if so desired.


6. (C) Action Request: Please forward a draft diplomatic
note that would be passed to Abdul Ghaffar for possible
Article 98 ratification. E-mail to Pol/Econ chief Steve
Bondy at bondysc@state.gov.

MONROE