First UAE Export Control Prosecution

S E C R E T ABU DHABI 000323 SIPDIS SIPDIS STATE FOR NEA/ARP, ISN/CPI ENERGY FOR NA - 24 ED FOX COMMERCE FOR DAS BORMAN E.O. 12958: DECL 3/13/2018 TAGS: PARM PREL ETTC AE SUBJECT: First UAE Export Control Prosecution Reference: 07 Abu Dhabi 1469 (U) Classified by Martin Quinn, Charge d'Affaires a.i., for reasons 1.4 b and d. ¶1. (U) On March 13, UAE Arabic and English papers reported that the Dubai Public Prosecutors Office had referred a case to court regarding an attempt to import -- with the intent to re-export -- 250 KG of the corrosion-resistant metal Zirconium in violation of the UAE's 2007 export control law. Dubai's Attorney General Esam Al-Humaidan told the press that the accused was working with local brokers (nationality of the accused unknown but apparently Arab). The consignment has been seized and the accused has pled not-guilty, according to the press reports. ¶2. (S) The UAEG has asserted, most recently in the February 25 Counter-proliferation Task Force (CTF) meeting that it is applying the 2007 export control law, although it is in the process of amending the law to make it easier to implement. During that meeting, UAE Chair BG Mohammad al-Qemzi asserted that the UAEG was enforcing the law in cases where it detained or impounded shipments or acted against companies. At that time, he stated that most of the enforcement actions had been based on U.S. provided information. (Note: This case does not appear to be a result of USG provided information, although it is unclear whether it resulted from an internal UAEG investigation or information provided by another trading partner. End Note). ¶3. (C) Although our main point of contact on CTF issues is out of the country (at the OIC summit in Senegal),post contacted several other CTF members in an effort to learn more about the story. The MFA's Khalifa Al-Mazroui expressed surprise that the UAE would have publicized the case and speculated that the UAE side "had to have known" about the case during the February 25 CTF meeting. Neither he, nor the Ministry of Interior's coordinator for combating WMD, had any further information, although they undertook to reply to Econchief if and when they learned more from other CTF team members. ¶4. (C) Comment: This is the first prosecution that post is aware of under the 2007 export control law and represents a welcome step. Post will follow-up in an effort to obtain more details. The prosecution also highlights the benefits of the USG responding positively to the UAEG request for training for prosecutors and judges in how to make export control cases. End comment. QUINN