ACTING A/S MCNERNEY URGES THAI ENDORSEMENT OF PSI

S E C R E T SECTION 01 OF 02 BANGKOK 002175 SIPDIS E.O. 12958: DECL: 07/17/2018 TAGS: PGOV PINR PREL PTER TH SUBJECT: ACTING A/S MCNERNEY URGES THAI ENDORSEMENT OF PSI Classified By: Ambassador Eric G. John, reasons 1.4 (b) and (d). ¶1. (C) Summary: Thai officials told ISN Acting A/S Patricia McNerney during her late June visit that the RTG inter-agency would need to resolve several issues prior to Thai endorsement of the Proliferation Security Initiative (PSI) or the Global Initiative to Combat Nuclear Terrorism. McNerney urged Thailand to make "positive political statements" by endorsing these initiatives and explained that the Thai legal framework should not be an impediment to RTG deliberations. MFA Permanent Secretary Virasakdi Futrakul welcomed a proposal to develop a regional biosecurity center in Thailand and requested more information regarding possible Thai involvement in the Global Nuclear Energy Partnership. End Summary. ¶2. (SBU) In a late June visit, ISN Acting Assistant Secretary Patricia McNerney met with Ministry of Foreign Affairs Permanent Secretary Virasakdi Futrakul and officials from the MFA, the Ministry of Defense, the Ministry of Commerce, the Ministry of Industry, the Ministry of Transportation, the National Security Council, the National Intelligence Agency, Thai Customs, the Royal Thai Navy, the Royal Thai Army, the Port Authority of Thailand, the Department of Industrial Works, and the Office of Atoms for Peace. QUESTIONS REMAIN FOR ENDORSING PSI AND GI -------------- ¶3. (C) Ministry of Foreign Affairs Permanent Secretary Virasakdi Futrakul told Acting A/S McNerney that the MFA agreed with the PSI in principle but implementation could be problematic. In particular, other RTG ministries have told the MFA that Thai laws would need to be amended in order for Thailand to participate in PSI. For example, Thai law would need to be changed to allow the Royal Thai Navy (RTN) to conduct searches of foreign vessels. McNerney stressed that PSI is intended to fit within other countries' legal frameworks and did not require endorsing nations to conduct activities outside legal authorities. Virasakdi was optimistic that the RTG could complete an inter-agency review of PSI soon and hoped that the RTG would be able to endorse PSI after the review. ¶4. (C) During her meeting with the Thai inter-agency, McNerney discussed ongoing global proliferation concerns, particularly relating to Syria, North Korea and Burma, and described the utility of the PSI in dealing with these 
concerns. McNerney asked that Thailand make a "positive political statement" by endorsing the initiative and stressed that there is not an obligation to amend national laws for Thailand to participate in the PSI, although the PSI contemplates that countries will continue to strengthen national and international laws dealing with nonproliferation. Thai participants, however, expressed concern that legal challenges, implementation difficulties, and potential impact on the RTG budget could make endorsement problematic. MFA Department of International Organizations Deputy Director General Chakarin Chayabongse explained that the Thai parliament would have to decide whether to endorse PSI. The Director of the MFA ASEAN Affairs Division said that ASEAN already had a framework to deal with nuclear proliferation in the form of the Treaty on the Southeast Asia Nuclear Weapon-Free Zone (SEANWFZ) but suggested that the upcoming ASEAN Regional Forum meeting in Singapore would be an opportune forum for encouraging ASEAN member states to endorse PSI. ¶5. (C) The Ministry of Defense and the RTN described concerns with potential liability if the Thai military were asked to board a foreign vessel to seize dual-use goods. This was of particular concern as the Ministry had been sued by a private party in a case involving treasure hunters in Thai territorial waters. As such, liability issues would need to be resolved in advance of endorsement. The Department of Industrial Works also pointed to seizure of dual-use items as a worry, but anticipated that implementation of a national dual-use control list, currently in development with the EU dual-use list and U.S. laws as guidelines, would alleviate this issue. The Marine Department explained that it had developed a robust information sharing system with Thai Customs and the National Intelligence Agency. This system BANGKOK 00002175 002 OF 002 would facilitate implementation of PSI if the RTG chose to join. ¶6. (C) McNerney also pushed the Thai inter-agency to explore implementing Global Initiative to Combat Nuclear Terrorism (GI) principles to further international security. Thai inter-agency participants said the RTG supported the GI in principle but explained that Thailand would first need to identify the lead government agency for implementation and contend with a shortage of personnel as they envisioned that the GI would commit the RTG to more activities in support of the initiative. McNerney stated that Thailand could participate in GI in a manner consistent with its governmental resources and its legal authorities. VIGILANCE ON IRAN -------------- ¶7. (C) ISN Acting A/S McNerney urged continued diplomatic and economic pressure on Iran and encouraged implementation that meets the spirit, rather than just the letter of the relevant United Nations Security Council Resolutions. In particular, she urged Thailand to notify local banks about the risks of working with Iranian entities. Virasakdi promised to convey this message to the Thai Central Bank. AHF SHIPMENT -------------- ¶8. (S) McNerney raised with Virasakdi a shipment of anhydrous hydrogen fluoride (AHF) destined for Iran that had been seized by the government of UAE at the Port of Dubai. She requested that the RTG recall the shipment to Thailand, as a Thai freight forwarder had been involved and the transaction had originally listed Thailand as the end-use destination. Virasakdi expressed concern that since AHF is not specifically listed on the SC Committee list, the Thai Customs Authority had no legal authority with which to recall the shipment. McNerney urged Virasakdi to look beyond the list and to consider the end-user since the UN Security Council resolutions prohibit all exports (including dual-use goods) that further nuclear or ballistic missile programs. Virasakdi agreed to discuss the issue again with Thai Customs. REGIONAL BIOSECURITY CENTER PROPOSAL WELCOMED -------------- ¶9. (C) Acting A/S McNerney thanked PermSec Virasakdi for the MFA's generous assistance provided in support of the ISN-organized biosecurity and chemical training events for Afghani, Pakistani and Thai scientists held in Bangkok concurrent with her visit. McNerney commended Thailand as a leader in this field, having proven its willingness to assist State Department efforts to enhance biological security, and proposed working with the RTG to establish a regional biosecurity center. Virasakdi welcomed the proposal and referred to ongoing cooperation at the International Law Enforcement Academy as a useful model. Further information regarding the mode of collaboration and the scope of the center would be welcomed by the MFA in order to coordinate review with the appropriate Thai agency. INTEREST IN THE GLOBAL NUCLEAR ENERGY PARTNERSHIP -------------- -------------- ¶10. (C) McNerney reviewed the objectives of the Global Nuclear Energy Partnership (GNEP) and said that the U.S. hoped that Thailand would become a member. Virasakdi explained that Thailand was very interested in nuclear safety in light of ongoing nuclear energy planning and pointed to the recent ASEAN 3 Forum on Nuclear Safety as a sign of ASEAN's desire to promote nuclear safety. As the Philippines, Indonesia and Burma were exploring nuclear power programs, ASEAN would continue to explore avenues to set up nuclear safeguards. The RTG would appreciate more information on GNEP and perhaps ASEAN could join as a group, Virasakdi said. McNerney noted U.S. concerns with Burmese nuclear development. ¶11. (U) Acting A/S McNerney cleared this cable. JOHN