C O N F I D E N T I A L LISBON 001974

SIPDIS

SIPDIS

E.O. 12958: DECL: 08/01/2017
TAGS: PREL EUN ZL PO
SUBJECT: BELLINGER REVIEWS KOSOVO WITH PORTUGUESE

Classified By: POL CHIEF TROY FITRELL, REASONS 1.4 (B,D)


1. (U) Department Legal Adviser John Bellinger, in Lisbon
July 26-28 to continue a counterterrorism dialogue with the
EU, also discussed the situation in Kosovo with senior
Foreign Ministry Officials.


2. (C) During Bellinger's initial call to the Foreign
Ministry, Bellinger emphasized the USG's support for Kosovo
independence, our position that a new UNSCR is not legally
required to achieve this, and the importance of achieving our
goals within the ongoing 120-day transition period because of
limits on Kosovar patience. Foreign Minister Amado noted that
Portugal's EU presidency role required it to seek consensus
among EU members. He said he would try to bring the EU into
alignment with the US through the development of an EU common
position that would allow individual EU states to recognize
Kosovar independence. Amado was uncertain that the current
120-day period would be enough time to achieve a broad
consensus, but agreed with Bellinger's point that the
Kosovars may not agree to any further extension.


3. (C) At a later event at a think-tank, Foreign Ministry
Political Director Ambassador Vasco Bramao Ramos opined that
UNSC 1244 ruled out independence as a legal matter and that a
new UNSC resolution would be legally required. Bramao Ramos
continued that there was nothing specific about the current
120-day period that required action, terming it, "only the
current round." Bellinger vigorously disputed both points.
He noted that the provisions of UNSC 1244 ) the Ahtisaari
plan, establishment of legal
institutions, etc. ) have been met and that UNSCR 1244 would
not legally prevent Kosovo from achieving independence. He
also noted that while a new UNSCR might be desirable for
policy purposes, it is not necessary and would not be
realistic in light of Russian opposition. He also noted that
no one (including the USG) would be able to persuade the
Kosovars to be patient indefinitely and that any course which
extends beyond the existing 120-day period is likely to test
the limits of their patience.


4. (C) Following the event, Bramao Ramos sought to clarify
his remarks on timing, noting that his government would
endeavor to achieve a solution to the issue within the
120-day period. If they fail to do so in that time frame but
a solution was in sight, he hoped the U.S. would help
convince the Kosovars to give another 30 days or so.

Comment
--------------

5. (C) Bramao Ramos's comments neither reflected the
understanding expressed by his Minister nor by Bramao Ramos
himself in recent meetings with A/S Fried. Minister Amado
and other senior GOP officials have been steadfast in their
support for the Ahtisaari plan, but Bramao Ramos's initial
remarks reflect a concern about the consequences of
proceeding without a UNSC resolution. Bramao Ramos realized
quickly that his initial comments were not consistent with
his government's position on Kosovo, and he clearly felt the
need to backpedal when he approached Bellinger after the
event. MFA Legal Adviser Luis Tavares, who was present at
each of these meetings, did not contest our interpretation of
UNSCR 1244.

Hoffman