FEEDBACK: LEGAL REGULATORY WORKSHOP IN OMAN

UNCLAS SECTION 01 OF 02 MUSCAT 000853

SIPDIS

SENSITIVE

DEPT FOR NP/ECC (TGROEN),NEA/ARPI (TROBERTS)
AMMAN FOR JIRVINE

E.O. 12958: N/A
TAGS: ETTC PARM KNNP KSTC TSPL MU
SUBJECT: FEEDBACK: LEGAL REGULATORY WORKSHOP IN OMAN

REF: A. STATE 34282


B. MUSCAT 406

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SUMMARY
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1. (SBU) The Export Control and Related Border Security
(EXBS) program sponsored an Export Control Legal-Regulatory
Workshop in Muscat May 15-18, 2005. Over 25 officials
attended the 4-day event and shared comments on the current
state of export controls in Oman. While the course provided
an awareness of multilateral control regimes, most
participants failed to see the link to national security or
to opportunities for increasing high-tech investment in the
Sultanate. Participants confirmed that Oman lacks
comprehensive export controls for items other than chemicals,
pharmaceuticals, and munitions; that it has no intention to
join international regimes such as the Wassenaar Agreement,
nor plans to develop its own national control list in the
near future. Based upon feedback from the participants, the
Embassy suggests that EXBS programming focus on already
identified vulnerabilities in transit, import control and
operations, including assistance in inspection/interdiction
techniques as well as targeting and risk analysis. END
SUMMARY

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Export Controls Premature?
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2. (U) The Export Control Legal-Regulatory Workshop sponsored
by the Department of State's Export Control and Related
Border Security (EXBS) Program was delivered in Muscat May
15-18, 2005 by Commonwealth Trading Partners (CTP).
Approximately 25 government officials attended, representing
the Royal Oman Police Customs, Coast Guard, and Operations;
and Ministries of National Economy, Transportation, Foreign
Affairs, Commerce, Defense, and Regional Municipalities,
Environment and Water Resources (MRMEWR).


3. (SBU) It was clear from the uninformed and lethargic
responses of the participants, and perplexed reaction to the
complex course material, that this workshop on export
controls may have been premature. While the course provided
an awareness of multilateral control regimes and how national
security, as well as businesses, benefit from them, most of
the participants failed to see the link to supporting
international control lists and increasing high-tech
investment opportunities. In fact, many officials
erroneously believe that, with a pending free trade agreement
with the U.S., "unnecessary" controls would actually deter
business opportunities. Government officials confirmed that
Oman lacks comprehensive controls on exports outside of
chemicals (MRMEWR),pharmaceuticals (Ministry of Health),and
munitions (Ministry of Defense),and has no immediate plans
to participate in regimes such as the Wassenaar Agreement or
to develop its own national export control list.

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SUGGESTIONS AND FEEDBACK
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4. (SBU) In the absence of greater Omani government buy-in to
the concept of participating in international export control
regimes, the workshop failed to fully meet its objectives of
drafting export control regulations. The implementers
instead used the pre-European Union export control law of
Estonia to illustrate critical elements of export
regulations. Some potential Omani vulnerabilities
highlighted in the discussions include current gaps in
recordkeeping, such as where and how long to save license
applications. Oman also appears to lack any mechanisms to
deal with export violations or to assess penalties.
Moreover, there is only a vague understanding of ministries'
jurisdiction and roles in enforcement.


5. (SBU) There were, however, a few avenues that may present
more viable opportunities for technical cooperation and
assistance:

-- Registration: Officials from the MRMEWR were particularly
interested in developing additional registration requirements
for companies exporting dual-use or controlled items.
Currently, all importing and exporting companies in Oman
provide limited information to meet registration requirements
with the Ministry of Commerce and Industry (MOCI). Officials
from other ministries, particularly MRMEWR, would like to see
more thorough, and centralized, registration requirements for
companies exporting or transiting controlled items.

-- Jurisdiction: Omani law requires further development of
its jurisdiction over more areas of activity. For instance,
there are no regulations on brokering exports of control list
items, both inside and outside Omani territory.

-- Licensing: Technical assistance or EXBS programming to
assist officials at the MRMEWR in developing transit
licensing procedures would be welcome. Although Oman does
not have a comprehensive export control law, licensing
officials at the MRMEWR are particularly aware of the
potential threat, and responsibilities, of internationally
controlled items entering its ports and unknowingly
traversing its waters.

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Comment
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6. (SBU) As EXBS programming moves forward in Oman, it may be
worth reconsidering the planned Licensing Procedures and
Practices Workshop tentatively scheduled for the fall. Given
the response to this workshop, and the lack of clear
direction for developing export controls in the Sultanate,
another workshop on a topic similar to this past one is
unlikely to be constructive at this time. The Embassy
suggests that EXBS instead focus on already identified
vulnerabilities in transit and import, including training in
inspection/interdiction techniques as well as targeting and
risk analysis.


7. (SBU) On an administrative note, the participants remarked
on the poor translation and assembly of the course material.
Moreover, the presentations appeared disjointed, rather
unorganized, and not clearly thought out. Several
participants from the previous workshop in March (reftel B)
expressed their preference for that contractor (Los Alamos
Technical Associates),having enjoyed the clear
presentations, prolific examples, detailed course materials
and lively speakers.
STEWART