SUPPORT FOR U.S. AMENDMENTS TO SUA CONVENTION:

C O N F I D E N T I A L VIENNA 000132

SIPDIS

DEPARTMENT FOR L, NP, T, EUR/ERA AND EUR/AGS

E.O. 12958: DECL: 01/12/2015
TAGS: KNNP MNUC PARM PREL KTIA PHSA EWWT AU EUN
SUBJECT: SUPPORT FOR U.S. AMENDMENTS TO SUA CONVENTION:
AUSTRIAN RESPONSE

REF: A) STATE 04828 B) 04 VIENNA 00347

Classified By: Economic-Political Counselor Gregory E. Phillips.
Reasons 1.4(b) and (d)


1. (C) Political Unit Chief delivered reftel demarche to MFA
head of Multilateral Legal Affairs unit Michael Postl on
January 12. Postl reiterated that the SUA convention is not
the highest priority for Austria, given how few
Austrian-flagged ships there are. Postl recalled the January
2003 meeting on SUA with Political Unit Chief, however (ref
B),and told us that the Justice Ministry had determined in
the interim that under Austrian law, mere possession of WMD
or related materials would suffice in order to demonstrate
criminal intent.


2. (C) Postl welcomed ref A's clarification of the U.S.
positions, and especially the justification under UNSCR 1540.
He was unable to give us an immediate response on our
proposals; but agreed to renew our talks after consulting
with MFA Nonproliferation Bureau and the Justice Ministry.
Postl also said that MFA Legal Affairs officer Thomas Loidl
(who also attended our meeting) would likely represent
Austria at the January 17 EU COMAR working group meeting in
Brussels. Austria would also send a representative to the
Legal Committee meetings (possibly from their Embassy in
London),and would attend the diplomatic conference in
October as well.
Brown