Identifier
Created
Classification
Origin
05NEWDELHI9435
2005-12-15 13:16:00
SECRET
Embassy New Delhi
Cable title:
SARAN: INPA SANCTIONS AT ODDS WITH BILATERAL
how-toVZCZCXRO6491 OO RUEHBI RUEHCI DE RUEHNE #9435/01 3491316 ZNY SSSSS ZZH O 151316Z DEC 05 FM AMEMBASSY NEW DELHI TO RUEHC/SECSTATE WASHDC IMMEDIATE 7470 INFO RUEHCI/AMCONSUL CALCUTTA 0292 RUEHCG/AMCONSUL CHENNAI 9927 RUEHBI/AMCONSUL MUMBAI 9195 RHEHNSC/NSC WASHDC RUEIDN/DNI WASHINGTON DC RHHMUNA/CDR USPACOM HONOLULU HI RUCPDOC/DEPT OF COMMERCE WASHDC RHHJJPI/PACOM IDHS HONOLULU HI RHMFISS/HQ USSOCOM MACDILL AFB FL RHMFISS/HQ USCENTCOM MACDILL AFB FL RUEKJCS/SECDEF WASHDC RUEKJCS/JOINT STAFF WASHDC
S E C R E T SECTION 01 OF 02 NEW DELHI 009435
SIPDIS
SIPDIS
DEPT FOR ISN/CD, ISN/MTR, SA/RA, SA/INS, DEPT PLEASE INFO
MISSILE TECHNOLOGY CONTROL REGIME COLLECTIVE
E.O. 12958: DECL: 12/14/2015
TAGS: PREL PARM MNUC ETTC MTCRE IN
SUBJECT: SARAN: INPA SANCTIONS AT ODDS WITH BILATERAL
RELATIONSHIP
REF: STATE 225179
Classified By: Ambassador David C. Mulford for Reasons 1.4 (B, D)
S E C R E T SECTION 01 OF 02 NEW DELHI 009435
SIPDIS
SIPDIS
DEPT FOR ISN/CD, ISN/MTR, SA/RA, SA/INS, DEPT PLEASE INFO
MISSILE TECHNOLOGY CONTROL REGIME COLLECTIVE
E.O. 12958: DECL: 12/14/2015
TAGS: PREL PARM MNUC ETTC MTCRE IN
SUBJECT: SARAN: INPA SANCTIONS AT ODDS WITH BILATERAL
RELATIONSHIP
REF: STATE 225179
Classified By: Ambassador David C. Mulford for Reasons 1.4 (B, D)
1. (S) Summary: Responding to the Ambassador's December 15
presentation of the US decision to impose sanctions on Indian
entities, Foreign Secretary Shyam Saran highlighted the
danger that public awareness of prior GOI action regarding
companies being sanctioned for activities that violate
neither Indian law nor international obligations could
jeopardize future US-India cooperation in interdicting
proliferation of sensitive materials and technology. Saran
noted that the GOI had "acted promptly and expeditiously"
every time the US came forward with export control cases of
concern, and lamented the fact that India seemed to be
"damned if we do, damned if we don't." End Summary.
Saran: India Has Acted Expeditiously in Each Case
-------------- --------------
2. (S) The Ambassador emphasized the positive public impact
of the USG's decision to rescind sanctions wrongly imposed on
Dr. Surendra in 2004, and highlighted that the upcoming
imposition of the sanctions on Sandhya and Sabero was in no
way an action against the Government of India. Saran
expressed his appreciation for the Surendra decision and
thanked the Ambassador for early notification of the new
sanctions, but commented that the GOI has acted "promptly and
expeditiously" in each case that the USG has brought to its
attention, and said that he "hoped you would take that into
account." New Delhi will look at the details of the cases
and see what reaction is necessary, he added.
Sanctions Can Hamper Confidential Cooperation
--------------
3. (S) The Foreign Secretary requested that we consider
India's actions in "a couple of cases" where it has acted to
block sales in cases where the transaction violates no Indian
laws or CWC obligations. "You should tread carefully" in
those cases, he declared, stressing that "I hope we don't get
embarrassed by that." He flagged strongly his concern that
India's confidential cooperation in such cases would be
jeopardized by "any hint" that the GOI is acting on the USG's
behalf for items that were not/not proscribed under India's
obligations. A sanction being imposed against a company that
violated Indian laws is not serious, he continued, but "it is
not in your interest to broadcast" the new penalties, because
it means that New Delhi will be less able to be helpful in
the next case. "I don't think this is the way to advance our
new cooperative relationship," he concluded.
4. (S) PolCouns noted our hope that the "catch-all"
provisions of India's new WMD law will make it possible for
the GOI to take legal action even in cases like the Sabero
transaction where there is no apparent violation of
international regimes. Saran, however, again pointed out
that India could not be expected to contradict its own laws
and interests, particularly in cases where international
regimes such as the OPCW have no objection to the transaction.
MEA Will Help Manage Public Announcement
--------------
5. (S) Additional Secretary (UN and International Security)
KC Singh, conferring with the Ambassador at the conclusion of
the meeting, committed to review the details of the cases and
consult with us on next steps. PolCouns urged a public focus
on the withdrawal of sanctions against Surendra and shared a
copy of reftel non-paper. "We'll have to see how we can best
manage this" to avoid interrupting the growing US-India
relationship, Singh stated.
6. (S) COMMENT: Although the Ambassador drew directly from
reftel talking points, he did not leave them behind, and
would ask that they be used only orally in Washington, since
a paper copy floating around the GOI will make it harder to
NEW DELHI 00009435 002 OF 002
manage.
7. (U) Visit New Delhi's Classified Website:
(http://www.state.sgov.gov/p/sa/newdelhi/)
MULFORD
SIPDIS
SIPDIS
DEPT FOR ISN/CD, ISN/MTR, SA/RA, SA/INS, DEPT PLEASE INFO
MISSILE TECHNOLOGY CONTROL REGIME COLLECTIVE
E.O. 12958: DECL: 12/14/2015
TAGS: PREL PARM MNUC ETTC MTCRE IN
SUBJECT: SARAN: INPA SANCTIONS AT ODDS WITH BILATERAL
RELATIONSHIP
REF: STATE 225179
Classified By: Ambassador David C. Mulford for Reasons 1.4 (B, D)
1. (S) Summary: Responding to the Ambassador's December 15
presentation of the US decision to impose sanctions on Indian
entities, Foreign Secretary Shyam Saran highlighted the
danger that public awareness of prior GOI action regarding
companies being sanctioned for activities that violate
neither Indian law nor international obligations could
jeopardize future US-India cooperation in interdicting
proliferation of sensitive materials and technology. Saran
noted that the GOI had "acted promptly and expeditiously"
every time the US came forward with export control cases of
concern, and lamented the fact that India seemed to be
"damned if we do, damned if we don't." End Summary.
Saran: India Has Acted Expeditiously in Each Case
-------------- --------------
2. (S) The Ambassador emphasized the positive public impact
of the USG's decision to rescind sanctions wrongly imposed on
Dr. Surendra in 2004, and highlighted that the upcoming
imposition of the sanctions on Sandhya and Sabero was in no
way an action against the Government of India. Saran
expressed his appreciation for the Surendra decision and
thanked the Ambassador for early notification of the new
sanctions, but commented that the GOI has acted "promptly and
expeditiously" in each case that the USG has brought to its
attention, and said that he "hoped you would take that into
account." New Delhi will look at the details of the cases
and see what reaction is necessary, he added.
Sanctions Can Hamper Confidential Cooperation
--------------
3. (S) The Foreign Secretary requested that we consider
India's actions in "a couple of cases" where it has acted to
block sales in cases where the transaction violates no Indian
laws or CWC obligations. "You should tread carefully" in
those cases, he declared, stressing that "I hope we don't get
embarrassed by that." He flagged strongly his concern that
India's confidential cooperation in such cases would be
jeopardized by "any hint" that the GOI is acting on the USG's
behalf for items that were not/not proscribed under India's
obligations. A sanction being imposed against a company that
violated Indian laws is not serious, he continued, but "it is
not in your interest to broadcast" the new penalties, because
it means that New Delhi will be less able to be helpful in
the next case. "I don't think this is the way to advance our
new cooperative relationship," he concluded.
4. (S) PolCouns noted our hope that the "catch-all"
provisions of India's new WMD law will make it possible for
the GOI to take legal action even in cases like the Sabero
transaction where there is no apparent violation of
international regimes. Saran, however, again pointed out
that India could not be expected to contradict its own laws
and interests, particularly in cases where international
regimes such as the OPCW have no objection to the transaction.
MEA Will Help Manage Public Announcement
--------------
5. (S) Additional Secretary (UN and International Security)
KC Singh, conferring with the Ambassador at the conclusion of
the meeting, committed to review the details of the cases and
consult with us on next steps. PolCouns urged a public focus
on the withdrawal of sanctions against Surendra and shared a
copy of reftel non-paper. "We'll have to see how we can best
manage this" to avoid interrupting the growing US-India
relationship, Singh stated.
6. (S) COMMENT: Although the Ambassador drew directly from
reftel talking points, he did not leave them behind, and
would ask that they be used only orally in Washington, since
a paper copy floating around the GOI will make it harder to
NEW DELHI 00009435 002 OF 002
manage.
7. (U) Visit New Delhi's Classified Website:
(http://www.state.sgov.gov/p/sa/newdelhi/)
MULFORD