ARTICLE 98 AGREEMENT IN PROCESS

C O N F I D E N T I A L MANAMA 000811

SIPDIS

CAIRO FOR STEVE BONDY

FOLLOWING TELEGRAM FROM AMEMBASSY MANAMA SENT ACTION SECSTATE
INFO COMUSNAVCENT AND USCINCCENT MACDILL AFB FL REPEATED FOR
YOUR INFO

QUOTE
C O N F I D E N T I A L MANAMA 000676

SIPDIS

E.O. 12958: DECL: 05/09/2029
TAGS: PREL BA KICC
SUBJECT: ARTICLE 98 AGREEMENT IN PROCESS

REF: MANAMA

Classified By: CDA Robert S. Ford for reasons 1.5(b)(d).

1.(U) This is an action message. Please see Para 5.

2.(C) Bahrain expects to complete its work to bring the
article 98 agreement into force in 10-14 days, Assistant
Undersecretary for Cooperation and Follow up Shaikh Abd
al-Aziz bin Mubarak Al-Khalifa told POL/ECON Chief on May 9.
Senior officials and lawyers are still debating which
methodology to use - an exchange of notes, or a Royal decree,
Abd al-Aziz related. Given the Abu Ghraib revelations in
Iraq, he commented, the GOB has no desire whatsoever to
notify parliament or the public of the existence of the
article 98 agreement, which mitigates against the Royal
decree approach. Only five officials at the Foreign
Ministry, Shaikh Abd al-Aziz emphasized, know of the
existence of this agreement.

3.(C) Shaikh Abd al-Aziz said that they are looking closely
at the possibility of limiting the duration of the agreement.
This, he stated, might allow them to bring the agreement
into force via an exchange of notes. Shaikh Abd al-Aziz
noted that the U.S. and Bahrain's signature of the agreement
complicates such a process. He wondered if a clause limiting
the duration of the agreement could be included in the
exchanged diplomatic notes.

4.(C) Shaikh Abd al-Aziz also drew POL/ECON Chief's attention
to the use of the word "ratified" in the language of the note
we proposed for the exchange. He commented that use of this
word makes his job more difficult because Bahraini lawyers
immediately insist that "ratification" of an agreement
requires National Assembly approval.

5.(C) ACTION REQUEST: Post would appreciate the Department's
guidance on whether we would be willing to limit the duration
of the agreement and how that could be achieved given that we
have already signed the text. Post would also appreciate
guidance on whether there are substitutes for "ratified" or
"ratification" that could be used in an eventual exchange of
notes. Charge is likely to see the Minister of State for
Foreign Affairs on May 12 and could raise this issue then.
END ACTION REQUEST.
FORD
UNQUOTE
NEUMANN