KUWAITI NAVY IN DISPUTE WITH COALITION-CONTRACTED

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 004136

SIPDIS

SIPDIS

E.O. 12958: DECL: 12/19/2017
TAGS: EWWT IZ MARR MCAP MOPS PBTS PGOV PINR PINS
PNAT, PREL, PTER
SUBJECT: KUWAITI NAVY IN DISPUTE WITH COALITION-CONTRACTED
VESSELS

REF: 12/18/2007 EMBASSY KUWAIT EMAIL FROM CHARGE
D'AFFAIRES ALAN MISENHEIMER

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Classified By: Political-Military Minister Counselor Marcie B. Ries for
reasons 1.4 (b) and (d).


1. (C) Summary. The Kuwaiti Navy forced two vessels
contracted by the Multi-National Force in Iraq (MNF-I) for
salvage operations to hastily depart from their anchored
position in disputed waters in the Khawr Abd Allah waterway
on December 18. This occurred despite multiple-channel
appeals to the Kuwaiti Ministry of Defense (MOD) by U.S.
officials. Kuwaiti motives for these actions are unclear.
Post is coordinating with U.S. Embassy Kuwait to re-engage
the MOD so that salvage work can resume with minimal delay
and costs. End Summary.


Kuwaiti Navy Initial Warning
--------------


2. (C) On December 18, a Kuwaiti Navy patrol boat approached
two MNF-I contracted vessels, a tug and diving platform, and
warned them to leave their anchored position within twelve
hours or else it would forcibly board both vessels and arrest
all on-board. The patrol boat claimed the platform encroached
on Kuwaiti territory. On the two vessels were 51 civilian
contractors of unknown nationalities, one Iraqi harbor pilot,
as well as two U.S. Navy liaison officers (LNOs). According
to these LNOs, the vessels' navigational aids and charts
placed them in Iraqi waters near the middle of the Khawr Abd
Allah waterway (note: reported geographic coordinates were 29
deg 48.846N and 48 deg 28.99E, end note).

New Deadline, Hasty Departure
--------------


3. (C) At 1100 local time, the vessels received another
warning from the patrol boat to vacate the area by 1700.
Despite multiple-channel appeals from the U.S. Central
Command and U.S. Embassy Kuwait, the Kuwaiti Ministry of
Defense insisted that all operations cease on the platforms
by 1600 and for all personnel to depart. According to U.S.
military sources, armed Kuwaiti helicopters and patrol boats
circled the two vessels and once again instructed the captain
by bridge-to-bridge communication to leave or be boarded.
Because there was not enough time to complete the normal
departure procedures, the captain elected to cut the anchor
cables on the diving platform and subsequently steamed away
towards Umm Qasr, Iraq with the platform in tow. During this
hasty departure, the diving platform lost three anchors with
anchor chains and 1,200 feet of cable.

Under MNF-I Contract
--------------


4. (U) These two vessels are under MNF-I contract to complete
a detailed survey using divers of four wrecked ships that are
navigational hazards in waterways approaching the Iraqi ports
of Umm Qasr and Kor Al Zubayr. The survey is preparatory for
eventual removal of the wrecks. This contract is funded
through the MNF-I Commander's Emergency Response Program
(CERP). MNF-I estimates delay cost at about $40,000 per day
and also expects the costs of recovering the three anchors,
anchor chains, and cable to be substantial.

Disputed Territory
--------------


5. (C) The Khawr Abd Allah (KAA) waterway has a long history
of maritime border disputes, many of which were resolved by a
UN-demarcation commission in the early 1990s. According to
Post and MNF-I legal officers, there is still ambiguity in
the boundary line near these salvage operations, in part
because the UN-demarcation does not extend out that far into
the waterway but is within the claimed 12 nautical mile sea
of both countries. Additionally, the right of unimpeded
transit noted by the UN commission does not include diving
rights; these require coordination with one or both
countries. In this case, the captain of the salvage vessel
stated his belief that the entire operation was in Iraqi
territorial waters for which he had coordination.

Way Ahead
--------------

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6. (C) Post appreciates and accepts the offer in reference
email by U.S. Embassy Kuwait to facilitate coordination with
the GOK for mutually-agreed terms of reference (TOR) in order
to resume this MNF-I mission. Post would like to reiterate
that the wrecked ships pose a hazard to all ships in the KAA
waterway and MNF-I is conducting the salvage operation on
behalf of the international community as part of its mission
in Iraq. Because the salvage vessels cannot continue many of
their other missions in non-disputed waters without the
anchors and cables, the most important first step is recovery
of the lost diving platform equipment.
CROCKER