MLAT STAGNANT WITHOUT CREATIVE APPROACH

C O N F I D E N T I A L ABU DHABI 000304

SIPDIS

SIPDIS

DEPARTMENT FOR NEA/FO, NEA/ARP, L

E.O. 12958: DECL: 03/09/2018
TAGS: PREL PTER PGOV KCRM AE
SUBJECT: MLAT STAGNANT WITHOUT CREATIVE APPROACH

REFS: A) ABU DHABI 44, B) 07 ABU DHABI 1518, C) 07 ABU DHABI

1096, D) 06 ABU DHABI 4035, E) 06 ABU DHABI 1129, F) 05 ABU
DHABI 1605, G) 04 ABU DHABI 4129, H) 04 ABU DHABI 4881, I) 04
ABU DHABI 2638

Classified by Charge d'Affaires Martin Quinn, reasons 1.4 (b)
and (d).


1. (C) Post received a diplomatic note dated February 12
stating yet again that the UAE looked forward to negotiation
of a Mutual Legal Assistance Treaty (MLAT) in tandem with
negotiation of an Extradition Treaty and a Treaty on Legal
and Judicial Assistance in Civil and Commercial Matters. The
note reiterated the UAEG stance that agreement to discuss all
three treaties must precede the setting of a date for
negotiations. Our most recent senior-level articulation of
this linkage was from Foreign Minister Abdullah bin Zayed on
January 10 (ref A).


2. (C) Acting DCM and OPDAT Resident Legal Advisor met with
Ministry of Justice Under Secretary for International
Cooperation Abdel Rahim al-Awadi on February 24 to review the
possibilities for progress on an MLAT in spite of USG
reservations on negotiating extradition. Al-Awadi stressed
that we cannot iron out differences without airing those
differences in a mutually constructive manner. Differences
with the UK over capital punishment had been worked out by
sitting together to find a solution, he emphasized. The UAE
is in various stages of discussion on these treaties with the
UK, France, Australia, Spain, Germany, and Italy, he
continued, and hoped the U.S. would agree to discuss the
three-treaty package. (Note: Although not mentioned during
this meeting, the UAE is also negotiating the same treaty
package with Iran, Russia, China and Belarus. End note.)


3. (C) Citing extradition as the UAEG's highest priority
among the three, al-Awadi pointedly asked what the USG feared
about entering into formal discussion. We cannot move
forward without starting to talk, he insisted, and need
agreement to open a discussion to identify areas of
convergence and disagreement. He was open to the idea of
"negotiating" an MLAT while "discussing" extradition, but was
not sanguine that the UAE would sign one ahead of the other.
He lamented that the USG had not even commented on a draft
extradition treaty presented by the UAE in 2001. The USG did
not even appear willing to "open the door" to formal
dialogue. Whether the draft is welcome or not, he insisted
that the first step is to clarify what problems we see in the
draft.


4. (C) Comment: The UAE has been consistent in insisting
that its top priority of extradition be addressed in tandem
with our higher priority goal of an MLAT. If the USG wants
an MLAT bad enough, and it could certainly lubricate law
enforcement and counter-terrorism cooperation, then it is in
our interest to take a flexible approach to opening the door
to formal dialogue on extradition as well. The UAE has
always been flexible with respect to the treaty on civil and
commercial assistance, and Post is confident that this treaty
would not necessarily need to be negotiated so long as the
USG is willing to discuss both extradition and MLAT. End
comment.
QUINN