STATUS OF U.S.-UAE MLAT NEGOTIATION

C O N F I D E N T I A L ABU DHABI 001129

SIPDIS

STATE FOR L/LEI AND NEA/ARP
DOJ FOR OIA AND OPDAT

E.O. 12958: DECL: 03/22/2016
TAGS: PREL KCRM PGOV UK AE
SUBJECT: STATUS OF U.S.-UAE MLAT NEGOTIATION


Classified By: DCM Martin Quinn, reasons 1.4 (b) and (d).


1. (C) Summary. Upon learning that the UK has nearly
concluded an MLAT and extradition treaty with the UAEG,
Embassy sounded out UK colleagues on how they have proceeded.
We have informed the MFA that following its response to our
May 2005 diplomatic notes regarding unresolved requests and
judicial cooperation, we will be in a better position to
respond to their December 19, 2005 note inquiring about our
readiness to hold a second round of negotiation on an MLAT.
However, USG posture toward UAEG's refusal to extradite its
nationals effectively precludes our negotiating an
extradition treaty with the UAE at this time. End Summary.


2. (C) Having heard that the British Embassy has nearly
concluded an MLAT and extradition treaty with the UAE, our
DCM, PolChief, and Resident Legal Adviser called on British
Deputy Head of Mission Robert Deane to inquire further about
the U.K. experience and approach with the Emiratis. Our
Embassy team learned that the British, like us, enjoy good
operational cooperation with the Emiratis on law enforcement
matters. As with ourselves, judicial cooperation is a
different story. The British also complain about the UAE's
being unresponsive to their requests; however, the volume of
their requests is relatively low compared to ours.


3. (C) In this regard Embassy consul learned that
newly-appointed FM Sheikh Abdullah bin Zayed al-Nahyan (AbZ)
called together his MFA team in February to review the
subject of judicial cooperation. Accompanying DAS
Barks-Ruggles to a March 18 meeting with MFA U/S Abdullah
Rashid al-Noaimi, Ambassador presented a notebook cataloguing
approximately one dozen pending, unanswered or denied
requests on judicial matters with a recommendation to pass
the compilation to the Foreign Minister.


4. (C) In a pragmatic effort to remedy this lack of host
country cooperation, the British have undertaken to "put a
legal basis in place" to, in effect, "test" the UAEG and
resolve "the inertia that exists." Deane noted that the UAE
prefers that its judicial cooperation be grounded in specific
bilateral agreements rather than on a less formal, ad hoc
basis or on the basis of international practice. The two
sides have been negotiating an MLAT, extradition treaty, and
civil and commercial treaty since fall 2005. According to
the British, all three treaties should be concluded in May
2006 and enter into force later in the year, 90 days after
presentation to Parliament. According to Deane, the UK is
addressing British domestic concerns about the use of capital
punishment in the UAE by having the Emiratis provide
assurances that they will not exercise capital punishment in
cases in which the UK agrees to extradite to the UAE.
Furthermore, the draft extradition treaty makes no mention of
Shari'a law, Deane said. The draft contains language about
respecting human rights that is meant to prevent the use of
Shari,a penalties, i.e., flogging. (Note: Islamic
punishments such as amputation, stoning and beheading are not
applied in the UAE. Executions, by firing squad, are rare,
none in the past five years. End note.)


5. (C) By diplomatic note just delivered, Embassy has
informed the UAEG that following its response to our two May
2005 notes on unresolved requests and judicial cooperation,
we will be in a better position to respond to their December
19, 2005 note inquiring about our readiness to hold a second
round of MLAT negotiations. The Embassy explained to the
Ministry of Justice Office of International Cooperation as
recently as October 2005 that the USG does not/not intend to
negotiate an extradition treaty. While the UAEG has insisted
on negotiating an MLAT and an extradition treaty
simultaneously, we have made clear the U.S. position of not
negotiating extradition treaties with countries that do not
extradite their own nationals.


6. (C) As our Embassy team noted to the British during March
20 meeting, the USG posture with regard to extradition
treaties effectively precludes our negotiating one with the
UAE at this time.
SISON