GVN Demarches Embassy on Belgium Catfish Arrest

UNCLAS SECTION 01 OF 02 HANOI 001220

SIPDIS

DEPARTMENT FOR EAP/MLS, CA/P AND EB/TPP/BTA/ANA
DEPARTMENT PLEASE PASS USTR DAVID BISBEE, GREG HICKS AND
JOHN NEUFFER
USDOC FOR 4431/MAC/AP/OPB/VLC/HPPHO
TREASURY FOR OASIA
DHS FOR ICE HQ IAO

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: ETRD EFIS KCRM CFED ASEC KJUS VM
SUBJECT: GVN Demarches Embassy on Belgium Catfish Arrest

Ref: HCMC 498


1. (U) This is an action request. Please see paragraph 8.


2. SUMMARY: (U) ConsChief received a demarche and diplomatic
note from the Ministry of Foreign Affairs on May 18
regarding the May 11 arrest in Belgium of BUU, Huy on
charges of illegally transshipping catfish into the United
States (reftel). The MFA requested information about the
case, the basis for the Interpol notice, and that the USG
resolve the matter in accordance with U.S. and international
law. The Mission intends to respond by providing a copy of
the federal indictment and seeks further guidance from the
Department. End Summary.


3. (U) ConsChief was called into the MFA Consular Department
for a demarche on May 18 concerning the arrest in Belgium on
a U.S. Interpol notice of Vietnamese national Buu Huy on
charges of false labeling and illegal transshipment of
catfish into the United States to avoid duties on catfish
exports from Vietnam. Thai Xuan Dzung, Chief of External
Relations, MFA Consular Department, presented the demarche
requesting information on the case against Mr. Buu and the
basis for the USG's Interpol red corner notice against him.


4. (U) ConsChief indicated that the federal court
indictment, if unsealed, would provide the most
authoritative information concerning the charges and bases
for them against Mr. Buu. Mr. Dzung requested "all
documents", but seemed to understand that, given the nature
of legal proceedings, the indictment would satisfy the GVN's
request. ConsChief informed Mr. Dzung that Interpol notices
are issued in normal course when federal warrants are issued
for persons outside the jurisdiction of the United States.


5. (SBU) Mr. Dzung also relayed a diplomatic note containing
the GVN's request that the case be resolved in accordance
with U.S. law, as well as international law and customs. A
translation of the MFA diplomatic note is provided in para 9
below. ConsChief expressed appreciation for the MFA's
handling this matter directly.


6. (SBU) The meeting was delayed because a demarche to the
Belgian Consul on the same matter was going on when
ConsChief arrived at the MFA. The Belgian Consul later
related to ConsChief that the MFA requested that Belgium
return Mr. Buu's official passport. The Belgian Consul
replied that Belgium must keep the passport so Mr. Buu can
travel, and that Mr. Buu's travel to Belgium was for
business, not official, purposes.


7. (SBU) Mission personnel also learned that a meeting in
the Prime Minister's office has been called concerning this
issue with participation from the Ministries of Foreign
Affairs, Fisheries, Public Security, Trade and the
Vietnamese Association of Sea Export Products.


8. (SBU) We intend to provide the now unsealed indictment in
response to the MFA's demarche and diplomatic note request.
We would appreciate any further guidance from the Department
on how to respond to this matter by COB May 23.


9. (U) The translated text of the MFA diplomatic note No.
333/LSNN is as follows:

[Begin text] The Ministry of Foreign Affairs of the
Socialist Republic of Vietnam presents its compliments to
the Embassy of the United States of America. Concerning the
case of Mr. Buu Huy, a Vietnamese citizen who was arrested
in Belgium following an arrest warrant issued by the United
States Attorney for the Northern District of Florida (USA),
Vietnam requests the U.S. side to provide information on the
case of Mr. Buu Huy as well as the basis of the worldwide
warrant. The Consular Department also requests the U.S.
Government to resolve this case in accordance with U.S. and
international laws.

The Consular Department of the Ministry of Foreign Affairs
of Vietnam avails itself of this opportunity to renew to
Embassy of the United States of America the assurances of
its highest consideration. [End text]

HANOI 00001220 002 OF 002



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