PRESIDENT'S DECREE GIVES GREATER POWERS TO NEW

C O N F I D E N T I A L SECTION 01 OF 02 BAKU 000362

SIPDIS

SIPDIS

E.O. 12958: DECL: 03/07/2016
TAGS: PGOV ECON ASEC KDEM PHUM PINR AJ
SUBJECT: PRESIDENT'S DECREE GIVES GREATER POWERS TO NEW
MINISTRY OF EMERGENCY SITUATIONS

REF: A. BAKU 184


B. 05 BAKU 1922

C. BAKU 217

Classified By: Amb. Reno Harnish for reasons 1.4 b and d.


1. (C) SUMMARY: On February 27, President Aliyev issued a
decree detailing the activities the new Ministry of Emergency
Situations (MES) will undertake. In addition to the broad
responsibilities outlined by the decree establishing the
Ministry (ref b),the new decree called for: creation of a
militarized special guard service under the MES; permission
for MES officials to undertake criminal investigations;
creation of a hotline for the MES to respond to catastrophic
emergencies; and transfer of responsibility for the ships and
wharfs under the "Caspian Specialized Emergency and Rescue,
LTD" to the MES. In a separate decree, President Aliyev also
transferred to the MES the responsibilities of the former
State Agency for City Planning and Architecture and
established a new State Committee for Urban Construction and
Architecture. This move likely signals stripping the "Old
Guard" Baku mayor of his highly lucrative "urban planning"
responsibilities and transferring that authority to Heydarov,
a close friend of the President. With these two new decrees,
Heydarov seems to be emerging as one of the most powerful
individuals in Azerbaijan. END SUMMARY.

BROAD EMERGENCY RESPONSE CAPABILITIES
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2. (C) A February 27 presidential decree outlined in more
detail the power and responsibilities of the new Ministry of
Emergency Situations, headed by former Customs Chief
Kemaladdin Heydarov (ref a). The broad transfer of power to
the new ministry appears to bring to fruition the predictions
Heydarov made to Ambassador (ref c). The appointment of
troops to the Ministry came as a surprise to the general
population, and some observers expressed concern that yet
another ministry will be able to undertake criminal
investigations, including searches. Officially, the decree
defines the responsibility of the troops as organizing
security of enterprises, facilities, and other strategic
objects which are vulnerable to catastrophes, disasters,
fires, and terrorist attacks. As previewed to the
Ambassador, this language suggests the troops will take over
not only civil defense operations, but also pipeline security
and probably some counterterrorism responsibilities.
However, we are not clear what the boundaries will be between
the MES and other investigative bodies, such as the Ministry
of National Security and the Ministry of Internal Affairs,
particularly as the MES now has a role in terrorist
activities.


3. (C) The "Caspian Specialized Emergency and Rescue, LTD",
which was transferred to the MES in the same decree,
previously was in charge of all security, search and rescue,
and emergency operations for anything that moved on the
Caspian Sea. However, we have been told that the company was
ineffectual in its mission, a mission that ordinarily would
reside with the Azerbaijan Coast Guard. Placing the search
and rescue operations under the MES is logically consistent,
but also could provide financial benefits for the new
Minister. With this additional mission, the MES will be able
to purchase and build new ships, helicopters, cranes, and
lifting equipment both for onshore and offshore operations.
The fact that the Ministry will have interaction with
commercial ships as well (including the right to inspect fish
and caviar poaching boats) as part of its mandate will give
the MES interaction with the State Border Service. (Heydarov
owns the Caspian Fish Company, which has the monopoly on the
legal caviar industry; this arrangement could prove
beneficial to his commercial interests).


4. (C) In our analysis, it appears that this new decree has
given Minister Heydarov the authority to serve as the
operational lead either during large-scale emergencies or
when the fault lines between different agencies overlap in
lesser operations. Additionally, the "112" hotline appears
to support the function of civil defense troops. Azerbaijan
has retained the Soviet system of a separate number for
medical and police emergencies. These numbers will remain in
effect, and we believe the new 112 would be used for
emergency rescue in the case of disasters and catastrophes.
The Ministry could not be reached for further clarification.

BAKU'S CONSTRUCTION EMERGENCY?
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5. (C) In a separate decree issued the same day, President
Aliyev abolished the former State Agency for City Planning

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and Architecture, assigned its responsibilities to the MES,
and established a new State Committee for Urban Construction
and Architecture (SCUCA). The responsibilities for the new
SCUCA have not yet been outlined, but we expect it will not
be a powerful organization. The former State Agency for City
Planning and Architecture reported to the Baku mayor and was
a lucrative source of income and power for the mayor during
Baku's ongoing construction boom. Recently the mayor and the
committee have come under criticism for utter lack of zoning
and planning, disregard for safety standards and
infrastructure needs, and the high cost of bribes necessary
to construct an apartment highrise. For example, two
landslides occurred in Baku last year as a result of
construction on hillsides without the necessary ground
support.


6. (C) While most in Baku would qualify the city's urban
planning as a disaster, it appears to be a leap of logic to
put construction responsibilities under an emergency
management organization. This move probably will be
justified under the reasoning that Azerbaijan is in an
earthquake zone and as such, the construction of highrises
needs to be controlled by scientists and emergency management
specialists, not businessmen. Politically, this move
undercuts the "Old Guard" Baku mayor's power and transfers
that power to a close contact of the President. Given
Heydarov's connection to the President and the gradual
weakening of the mayor's hand, we expect that the new SCUCA
under the mayor's office will simply be a figurehead and the
true authority, and thus income, will be held by Heydarov.
HARNISH