FRENCH REACTION TO E.O. 13382 DESIGNATIONS

C O N F I D E N T I A L PARIS 008246

SIPDIS

STATE FOR EUR/WE, EB/ESC/TFS FOR JEAN CLARK
S/CT FOR TODD KUSHNER
INL/C/CP FOR STEVEN PETERSON
TREASURY FOR ADAM SZUBIN /OFAC FOR PAUL LURIE

E.O. 12958: DECL: 12/05/2015
TAGS: PREL PTER PARM KTFN FR
SUBJECT: FRENCH REACTION TO E.O. 13382 DESIGNATIONS

REF: SECSTATE 214780

Classified By: Econ Counselor Ken Merten for reasons 1.4 (b) and (d).


1. (C) We delivered ref points to the Asset-Freezing
Directorate in the Ministry of Economy. We spoke with
Vincent Guitton, Head of the Services, Investment and IPR
Division in the Ministry of Economy, who took note of the
information but expressed skepticism that France could do
anything about it, as France lacks any authority to block
assets on WMD trafficking grounds.


2. (C) We requested information, per reftel, about laws and
regulations that France has to combat WMD proliferation
financing or enabling it to freeze assets of suspected WMD
proliferators. We noted France,s proposed new
anti-terrorist legislation (due to become law in about a
month),which will in its relevant part grant explicit
national authority to freeze terrorist assets. We asked
whether France could use that new law to freeze assets of WMD
traffickers. Guitton said probably not, as the law is very
specifically written for anti-terrorism activities. We asked
whether the proposed law could be amended to cover WMD
traffickers, but Guitton said it is too late in the French
process. The French government has broad powers to propose
legislation, but proposed laws go through a rigid review
process that normally precludes significant amendments
between introduction and passage. A new law would be
required, which would take several months at the least. We
noted that the proposed new law envisions implementation by
administrative decree, and asked if the decree could be
written in a way to include WMD traffickers. Guitton
thought that might be possible. Although the legal basis is
shakier, one could make an argument that since WMD could be
used for terrorists, ends, asset freezing would be
justifiable. Guitton promised to review the possibility with
the Ministry,s legal staff.
Please visit Paris' Classified Website at:
http://www.state.sgov.gov/p/eur/paris/index.c fm

Stapleton