Identifier
Created
Classification
Origin
06BERLIN3450
2006-12-07 16:44:00
SECRET
Embassy Berlin
Cable title:  

DEMARCHE ON E.O. 13382 ENTITIES -- EXAMPLES OF

Tags:  PARM KNNP PREL PGOV KN GM 
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VZCZCXYZ0002
PP RUEHWEB

DE RUEHRL #3450 3411644
ZNY SSSSS ZZH
P 071644Z DEC 06
FM AMEMBASSY BERLIN
TO RUEHC/SECSTATE WASHDC PRIORITY 6329
INFO RUEHSW/AMEMBASSY BERN PRIORITY 0739
RUEHLO/AMEMBASSY LONDON PRIORITY 7733
RUEHOT/AMEMBASSY OTTAWA PRIORITY 0940
RUEHFR/AMEMBASSY PARIS PRIORITY 8255
RUEHRO/AMEMBASSY ROME PRIORITY 0023
RUEHWL/AMEMBASSY WELLINGTON PRIORITY 0224
RHEHNSC/NSC WASHDC PRIORITY
RUEATRS/DEPT OF TREASURY WASHDC PRIORITY
S E C R E T BERLIN 003450 

SIPDIS

STATE FOR ISN/CPI, EAP/K, AND EUR/AGS
SIPDIS

E.O. 12958: DECL: UPON KOREAN REUNIFICATION
TAGS: PARM KNNP PREL PGOV KN GM
SUBJECT: DEMARCHE ON E.O. 13382 ENTITIES -- EXAMPLES OF
PROLIFERATION PASSED TO GERMAN GOVERNMENT

REF: SECSTATE 193703

Classified By: Global Affairs Counselor Donald R. Shemanski, for reason
s 1.4 (b) and (d).

S E C R E T BERLIN 003450

SIPDIS

STATE FOR ISN/CPI, EAP/K, AND EUR/AGS
SIPDIS

E.O. 12958: DECL: UPON KOREAN REUNIFICATION
TAGS: PARM KNNP PREL PGOV KN GM
SUBJECT: DEMARCHE ON E.O. 13382 ENTITIES -- EXAMPLES OF
PROLIFERATION PASSED TO GERMAN GOVERNMENT

REF: SECSTATE 193703

Classified By: Global Affairs Counselor Donald R. Shemanski, for reason
s 1.4 (b) and (d).


1. (S) Global Affairs counselor and Global Affairs officer
passed ref demarche December 6 to officials from the Foreign
Trade Law Division in the German Economic Ministry. Foreign
Trade Law Division Office Director Ursina Krumpholz thanked
us for the information and said she would discuss it with
relevant German Government officials. Krumpholz asked
whether the USG intended to propose that these entities be
referred to the UNSCR 1718 Sanctions Committee. She said
that unless these entities are sanctioned by the UNSC,
Germany would have little scope for acting against them.
Without the UNSC listing these entities, Germany could only
apply financial sanctions unilaterally on a provisional and
temporary basis, to a maximum of six months. For example,
the German Government could issue a legal order to freeze an
entity's assets within Germany but only under strict legal
guidelines. If the legal guidelines for applying sanctions
are not complied with, the affected bank could potentially
sue the German Government or even a government official
personally. Foreign Trade Law Division Officer Ernst
Roeder-Messell cited the example of the aftermath of
September 11, 2001, terrorist attacks in which the German
Government froze the assets of suspects only to have courts
later overrule the legal orders on the grounds of
insufficient evidence.


2. (S) Krumpholz said that a decision by the UNSC to impose
sanctions on the E.O. 13382 entities would provide the legal
basis for the German Government to order a freezing of their
assets. For EU member states, including Germany, UNSC
sanctions are implemented via EU processes. The EU uses UNSC
resolutions as a basis for passing either directives or
regulations for its members to use to apply UNSC sanctions.



3. (S) In a separate meeting, Global Affairs officer passed
ref demarche to the German MFA Export Control Division Desk
Officer Andreas Kauke December 4. Kauke thanked us for the
information and said he would pass it to the appropriate
officials in the MFA.


4. (U) Post will report substantive German reaction septel.
TIMKEN JR