Identifier
Created
Classification
Origin
06SOFIA1613
2006-11-29 10:13:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Sofia
Cable title:  

BULGARIA SEEKS TO WITHDRAW FROM TWO BILAT TREATIES

Tags:  ETRD EISNLN EUN PREL BU 
pdf how-to read a cable
VZCZCXRO1183
PP RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHSF #1613 3331013
ZNR UUUUU ZZH
P 291013Z NOV 06
FM AMEMBASSY SOFIA
TO RUEHC/SECSTATE WASHDC PRIORITY 2888
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHBM/AMEMBASSY BUCHAREST 0136
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
RUEHBS/USEU BRUSSELS
UNCLAS SOFIA 001613 

SIPDIS

SENSITIVE
SIPDIS

DEPT. FOR EUR/ERA, L/LEI ANDREW KELLER, EB/TPP/BTA &
EB/TPP/IPE

E.O. 12958: N/A
TAGS: ETRD EISNLN EUN PREL BU
SUBJECT: BULGARIA SEEKS TO WITHDRAW FROM TWO BILAT TREATIES
AND AMEND ONE, CITING EU


UNCLAS SOFIA 001613

SIPDIS

SENSITIVE
SIPDIS

DEPT. FOR EUR/ERA, L/LEI ANDREW KELLER, EB/TPP/BTA &
EB/TPP/IPE

E.O. 12958: N/A
TAGS: ETRD EISNLN EUN PREL BU
SUBJECT: BULGARIA SEEKS TO WITHDRAW FROM TWO BILAT TREATIES
AND AMEND ONE, CITING EU



1. This is an action request, please see para. 4.


2. (SBU) On Nov. 24, Emilena Popova, Head of MFA's
International Law Directorate, presented us with diplomatic
note #54-00-17 proposing to terminate two U.S. - GOB
bilateral trade agreements and to amend one. According to
the three-part note, the GOB has reviewed the agreements
against Article 133 of the Treaty of European Community and
found them to be incongruent with EU's policy on common
trade. It proposes the following:

-- To terminate the "Agreement for Protection of Intellectual
Property Rights," concluded through a diplomatic note
exchange on 28 April 1995 and entered into force on the same
date. The GOB argues that the IPR protections offered in the
Agreement are sufficiently covered by Bulgaria's
international obligations (i.e. TRIPS) and its domestic IPR
legislation. It proposes the Agreement be discontinued by
mutual consent on Jan. 1, 2007. Should the USG agree, the
GOB suggests that this note and the official USG response
become the record of termination, to enter into force upon
GOB's receipt of the response.

-- To terminate the Agreement between the Kingdom of Bulgaria
and the USG on "Mutual Elimination of Legalizations of
Certificates of Origin of Goods," conluded through a
diplomatic note exchange on 5 January 1938. The GOB argues
for termination because the treaty is outdated and not
enforced. According to the note, Bulgaria does not require
legalized certifications on U.S. imports because of U.S.
status as "most-favored nation." However, some Bulgarian
exports to the U.S. do require certitification because they
are imported under the General System of Preferences.
Therefore, the GOB sees the Agreement as null and proposes
the same dip-note procedure as above to terminate it.

-- To amend the Agreement on Trade Relations, signed on 22
April 1991 and entered into force 22 November 1991. In
accordance with the Agreement's Article XVII, line 2, item
(C),GOB proposes to remove Article I; Article II; Article
VIII, line 2 and line 4, item (B); Article IX; Article XI;
and Article XVI. The amendment is to become official through
a dip-note exchange, to be made part of the original
agreement, and to enter into force in accordance with Article
XVII. No more detail on the substance of the Agreement was
provided.


3. (U) Scans of the note in Bulgarian (with informed Embassy
translation) will be transmitted via unclassified email to
Department's L/LEI.


4. (SBU) Post requests timely guidance for our response to
the GOB. Ideally, we should reply before Jan. 1, 2007,
especially if we disagree with Bulgaria's proposals.





BEYRLE