Identifier
Created
Classification
Origin
06ABUDHABI627
2006-02-21 14:18:00
SECRET
Embassy Abu Dhabi
Cable title:  

UAE DIPLOMATIC NOTE TO INFORM EMBASSY OF

Tags:  MARR MASS PREL AE 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
S E C R E T ABU DHABI 000627 

SIPDIS

FOR PM - LOFTIS, NEA/ARPI

E.O. 12958: DECL: 02/20/2016
TAGS: MARR MASS PREL AE
SUBJECT: UAE DIPLOMATIC NOTE TO INFORM EMBASSY OF
"EXPIRATION" OF DEFENSE COOPERATION AGREEMENT

REF: ABU DHABI 0361 (STADIS)

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

S E C R E T ABU DHABI 000627

SIPDIS

FOR PM - LOFTIS, NEA/ARPI

E.O. 12958: DECL: 02/20/2016
TAGS: MARR MASS PREL AE
SUBJECT: UAE DIPLOMATIC NOTE TO INFORM EMBASSY OF
"EXPIRATION" OF DEFENSE COOPERATION AGREEMENT

REF: ABU DHABI 0361 (STADIS)

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


1. (S) Embassy has received diplomatic note N1/3/7-A.S-11
dated February 14, 2006 from the Ministry of Foreign Affairs,
United Arab Emirates.


2. (S) Begin text (translation from Arabic):

Top Secret (United Arab Emirates classification equivalent to
Secret)

SIPDIS

The United Arab Emirates Ministry of Foreign Affairs presents
its best regards and respect to the Embassy of the United
States of America in Abu Dhabi.

We would like to inform the honorable Embassy that the
military cooperation agreement between the United Arab
Emirates and the United States of America signed on
07/23/1994 in Abu Dhabi will expire on 07/23/2006 based on
article (9) of the agreement which states it is in effect for
12 years.

Since the implementation of the agreement faced some
shortcomings and hurdles during that period, the United Arab
Emirates government would like to make a few improvements to
the agreement in order to strengthen and better serve the
special relations between our countries.

The Ministry will provide the honorable Embassy with its
observations about the agreement at a later time.

The Ministry takes this opportunity to express its best
regards and respect to the honorable Embassy.

End text.


3. (S) Comment: This diplomatic note appears to signal the
UAE's desire to recommence discussions on areas of
disagreement in our DCA. The UAE told us at the Joint
Military Commission (JMC) meeting in Abu Dhabi in January
2005 that they would correspond with the Embassy about DCA.
An opportune time for the two sides to discuss the status of
the DCA would be at a future JMC planned, but not yet
scheduled, for April-May this year. The areas of
disagreement remain:

-- Jurisdiction: Article IV states that the U.S. has
criminal jurisdiction over U.S. personnel in the performance
of their official duties. This was a major concession by the
UAE but has been under constant scrutiny.

-- Applicability: Article VI states that the DCA covers
military and civilian personnel of the U.S. Armed Forces and
their dependents. There has been concern on the details of
applicability. An Embassy proposal identified four groups of
U.S. personnel to further define applicability, but it was
not adopted.

-- Ratification: The DCA states that the agreement is
effective upon signature. The DCA was signed before
presentation to the UAE Cabinet for approval and therefore
does not have wide acceptance outside of the General
Headquarters (GHQ) of the UAE.

-- Agreement expiration: The UAE appears to be under the
impression that the DCA expires after 12 years. According to
Article 9, the DCA remains in force in perpetuity after "an
initial term of 12 years" unless one of the parties gives
"one year's written notice" of its intent to withdraw.

End Comment.


4. (S) Per reftel, Embassy requests Department guidance on
possible way forward for the DCA, including coordinated
State-DoD instructions for responding to the UAE's diplomatic
note such as revival of the Joint Committee and exploring
with DoD the possibility of reviewing C-175 negotiating
authority.
SISON