AUSTRIAN WEAPONS DELIVERY TO IRAN - MFA RESPONSE

UNCLAS SECTION 01 OF 02 VIENNA 001425

SIPDIS

SENSITIVE

DEPARTMENT FOR NEA, PM, EUR/RPM, EUR/AGS AND INR/EU

E.O. 12958: N/A
TAGS: PGOV PINR AU
SUBJECT: AUSTRIAN WEAPONS DELIVERY TO IRAN - MFA RESPONSE

REFS: A) 04 VIENNA 4354 B) 04 VIENNA 4393 C) VIENNA 37
D) VIENNA 165 E) VIENNA 331 F) VIENNA 406

This message is sensitive but unclassified.


1. (SBU) Summary: Green Party foreign policy spokeswoman
Ulrike Lunacek submitted a parliamentary inquiry to
Foreign Minister Ursula Plassnik on February 24, 2005
asking for an explanation of the GOA's approval of the
shipment of 800 Steyr 50 caliber high-powered rifles to
Iran. Lunacek quotes Article 3 of the Austrian War
Materiel Act (Kriegsmaterialgesetz) regulating weapons
exports, according to which the Interior Ministry has the
authority to issue export permits "in agreement with the
Ministry of Foreign Affairs" and "after consulting the
Ministry of Defense" provided that such issuance is
consistent with other obligations under international
law.
Lunacek's inquiry quotes the Austrian business weekly
"Wirtschaftsblatt" to the effect that the 12.4 kilogram
sniper rifle could be used against vehicles and, given
its ability to penetrate "thumb-thick steel," also
against tanks. The Green motion then reiterates the
other stipulations of the War Materiel Act:

-- The export, import or transit of war material does not
run counter to obligations under international law or to
Austrian foreign policy interests;

-- Export or transit does not take place to a region in
which there is armed conflict, where such a conflict
threatens to break out, or where other dangerous tensions
exist;

-- Export or transit must not take place to a destination
country where, based on serious and repeated human rights
violations, the danger exists that the supplied war
materiel will be used for the suppression of human
rights;

-- Proper consideration is given to embargo resolutions
by the Security Council of the United Nations;

-- Import, export and transit do not conflict with
concerns for public or military security;

-- There are no other comparable, serious concerns.


2. (SBU) Below is a working translation of the questions
submitted by the Green MPs with the corresponding answers
provided by minister Plassnik April 26:

Question 1: Prior to issuance of the export license, was
your concurrence obtained? If so, on what grounds did
you agree to this license?
Answer: My ministry was in agreement, because the export
request did not run counter to the conditions to be
assessed by the foreign ministry for issuance according
to Article 3 of the War Materiel Act.

Question 2: Who on the part of the Iranian government
signed the end-user certificate?
Question 3: What end use has been stated on this end-user
certificate?
Answer to questions 2 and 3: Providing answers to
questions on concrete business transactions in connection
with the Federal Law on the Import, Export and Transit of
War Materiel does not fall within the purview of the
Federal Ministry for Foreign Affairs.

Question 4: Do you consider Iran a country where an armed
conflict exists, where such a conflict threatens to break
out, or where other dangerous tensions exist?
Answer: No.

Question 5: Do you consider Iran a country where serious
and repeated human rights violations have occurred and
are occurring?
Question 6: If yes: do you think there is a danger that
the supplied war materiel may be used against the Iranian
population?
Answer to questions 5 and 6: The human rights situation
in Iran has been and remains problematic. It is being
actively addressed by Austria and the EU both in
bilateral and in international fora. There are no
indications that the war materiel concerned could be used
to suppress human rights along the lines of Article 3,
Paragraph 1 Numeral 3 of the War Materiel Act.

Question 7: Since when has the Austrian government again
been giving positive assessments to export license
applications for Iran under the War Materiel Act?
Answer: Export requests are not evaluated on the basis of
countries, but always case-by-case, on the basis of both
domestic and international legal obligations.

Question 8: How do other countries treat such requests by
Iran?
Answer: The annual EU report compiled on the basis of the
EU Code of Conduct for weapons exports is published on
the homepage of the EU Council and contains in its annex
export statistics collected from the reports of EU member
states. The 5th annual report (2002) shows that 99
export requests to Iran were granted EU-wide for goods
included in the Joint List of Military Equipment.
According to the 6th annual report (2003),14 such
requests from EU partners were approved.

Question 9: Is there a link between current diplomatic
efforts by some EU countries to achieve compliance by the
Iranian government in the area of nuclear weapons
technology, and new weapons deliveries to Iran?
Answer: No.

Question 10: In the event that the complete shipment of
800 rifles has not yet taken place, are you prepared to
change your evaluation of this export, and urge the
Interior Ministry also to change its position so that it
rescinds the license?
Answer: Issuance, denial or subsequent amendment of
export licenses in connection with the Federal Law on
Import, Export and Transit of War Materiel does not fall
within the purview of the Ministry of Foreign Affairs.


3. (SBU) COMMENT: Perhaps unsurprisingly, the Ministry
of Foreign Affairs has provided a minimal response to the
inquiry. We consider it unlikely that there will be
significant further repercussions of the sniper rifle
transaction in Parliament.

BROWN