Identifier
Created
Classification
Origin
06KATHMANDU869
2006-03-31 12:36:00
CONFIDENTIAL
Embassy Kathmandu
Cable title:  

NEPAL-INDIA TRANSIT TREATY EXTENDED FOR SEVEN YEARS

Tags:  ECON ETRD EINV BEXP ELTN IN NP 
pdf how-to read a cable
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FM AMEMBASSY KATHMANDU
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0955
INFO RUEHBJ/AMEMBASSY BEIJING PRIORITY 4127
RUEHLM/AMEMBASSY COLOMBO PRIORITY 4397
RUEHKA/AMEMBASSY DHAKA PRIORITY 9480
RUEHIL/AMEMBASSY ISLAMABAD PRIORITY 2373
RUEHLO/AMEMBASSY LONDON PRIORITY 3781
RUEHNE/AMEMBASSY NEW DELHI PRIORITY 9466
RUEAIIA/CIA WASHDC PRIORITY
RHEFDIA/DIA WASHDC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RUEKJCS/SECDEF WASHDC PRIORITY
RHHMUNA/CDR USPACOM HONOLULU HI PRIORITY
C O N F I D E N T I A L KATHMANDU 000869 

SIPDIS

SIPDIS

DEPT FOR SCA/INS
NSC FOR RICHELSOPH

E.O. 12958: DECL: 03/31/2016
TAGS: ECON ETRD EINV BEXP ELTN IN NP
SUBJECT: NEPAL-INDIA TRANSIT TREATY EXTENDED FOR SEVEN YEARS

REF: KATHMANDU 267

Classified By: Ambassador James F. Moriarty. Reasons 1.4 (b/d).

NEPAL-INDIA TRANSIT TREATY EXTENDED FOR SEVEN YEARS
--------------------------------------------- ------

C O N F I D E N T I A L KATHMANDU 000869

SIPDIS

SIPDIS

DEPT FOR SCA/INS
NSC FOR RICHELSOPH

E.O. 12958: DECL: 03/31/2016
TAGS: ECON ETRD EINV BEXP ELTN IN NP
SUBJECT: NEPAL-INDIA TRANSIT TREATY EXTENDED FOR SEVEN YEARS

REF: KATHMANDU 267

Classified By: Ambassador James F. Moriarty. Reasons 1.4 (b/d).

NEPAL-INDIA TRANSIT TREATY EXTENDED FOR SEVEN YEARS
-------------- --------------


1. (C) India and Nepal extended on March 30 their bilateral
transit treaty for seven years, until January 5, 2013. In
early January 2006, Indian and Nepali delegations had failed
to agree on treaty extension criteria and the treaty was
extended only three months until April 6 (reftel). Thus,
time had been running out. In a March 31 conversation with
Emboff, Naindra Upadhyaya, Joint Secretary of the Ministry of
Industry, Commerce, and Supplies, explained that the only new
feature to the treaty was that the movement of sensitive
goods would be limited to seven transit points on the
Indo-Nepal border to prevent smuggling. Currently, shipments
of sensitive bulk items from India, such as fertilizers, got
siphoned off and were smuggled and sold in Nepal at a loss to
the Indian exporter. The treaty will limit the movement of
sensitive goods to the seven transit points that have the
best security and customs facilities in an effort to
eliminate smuggling.


2. (C) The Joint Secretary noted that the treaty provided for
15 transit points for all non-sensitive goods as the previous
treaty had. In January, Government of India (GOI)
negotiators had requested His Majesty's Government of Nepal's
(HMGN) justification of the need for 15 transit points.
Upadhyaya noted that as HMGN had not requested a change in
the number of transit points, HMGN negotiators ultimately did
not have to provide any rationalization for the use of the 15
transit points. Indian Deputy Chief of Mission V.P. Haran
explained to A/DCM that Nepal had not disputed that only 9 of
the 15 points were actually being used, but had asked that
the number not be reduced as this would send an undesirable
political signal. The GOI, Haran said, had agreed to this
out of regards for HMGN "political sensitivities." Haran
also explained to A/DCM that Nepal had agreed to GOI requests
to allow shipment of goods from one point in India to
another, via Nepal, in reciprocation for a similar
long-standing provision allowing Nepal to do the same, and to
incorporate an existing rail services agreement into the
transit treaty, both minor sticking points that had been
unresolved in the January negotiations.

UNITED TELECOM BENEFITED FROM TRADE TREATY DELAY
-------------- ---


3. (C) In January there were news reports that India delayed
treaty renewal due to HMGN discrimination against the
Indo-Nepal joint-venture United Telecom (UTL) and Indian
desires for a change in Nepali employment regulations to
allow Indians to work in Nepal without limits. Since the
January 5 three-month extension, HMGN granted permission to
UTL to provide cell-phone service in Nepal. An HMGN source
said there was "tremendous pressure" from the GOI to grant
UTL permission to provide cell-phone service and that it had
been linked to the transit treaty. UTL representatives told
Emboff that UTL had launched cell-phone service in Nepal on
March 25, but had no comment on the HMGN approval that
finally allowed UTL to become a legitimate competitor in
Nepal's wireless telecommunication market.

INCREASE IN BORDER GUARDS LIKELY NOT RELATED TO TREATY
-------------- --------------


4. (C) Haran confirmed news reports that India intended to
more than double the number of special border guard units on
its side of the Indo-Nepal border. While Haran provided no
further details, he noted that pressure in the Indian
parliament had been building for some time to increase
security along the lengthy India-Nepal border. The increase
is likely to guard against Indian Maoists/Naxalites from
moving across the Nepal border or from perhaps preventing
Nepali insurgents from seeking refuge in India.

COMMENT
--------------


5. (C) The renewal of the transit treaty is a welcome
development and, in Nepali minds at least, eliminates the
GOI's ability to use failure to renew the treaty as a threat
to shut down the Indo-Nepal border. The three-month renewal
delay in itself, however, has already served as a reminder to
HMGN of how much Nepal depends on India.

MORIARTY