ODESSA 5-PLUS-2 DISCUSSES CONFIDENCE-

C O N F I D E N T I A L SECTION 01 OF 02 CHISINAU 001106

SIPDIS

STATE FOR EUR/UMB

E.O. 12958: DECL: 11/12/2018
TAGS: PREL PGOV PBTS MD
SUBJECT: ODESSA 5-PLUS-2 DISCUSSES CONFIDENCE-
BUILDING MEASURES; A SMALL STEP FORWARD

CHISINAU 00001106 001.2 OF 002


Classified By: Ambassador Asif J. Chaudhry for
reasons 1.4 (b) and (d)


1. (C) Summary: At the informal 5-plus-2 meeting
in Odessa November 8, European Union Special
Representative Kalman Mizsei put forth a package
of confidence-building measures, to be undertaken
by Chisinau and Tiraspol. Though Minister for
Reintegration Sova said he was ready to sign on
to all measures immediately, Transnistrian
"Acting Minister" of Foreign Affairs Yastrebchak
maintained that he did not have the authority to
undertake these commitments. Sova and
Yastrebchak agreed to meet bilaterally on
Thursday November 13 to discuss terminating
criminal cases, free movement and
demilitarization. Sova promised to pass the
"package proposal" document to the Transnistrian
side so that they could offer their comments to
the 5-plus-2. End summary.

Kalman Mizsei Presents CBM Package
--------------


2. (C) At the informal Odessa 5-plus-2 meeting
November 8, European Union Special
Representative Kalman Mizsei proposed a "mini-
package" of six confidence-building measures,
three each to be taken by Chisinau and Tiraspol.
Mizsei stressed that implementation of this
package might be helpful in allowing the EU to
start consultations on cancelling the visa bans
currently imposed on certain members of the
Transnistrian leadership.


3. (C) The confidence-building measures to be
taken by Tiraspol would be:
- Tiraspol to insure free movement of foreign
diplomats;
- Tiraspol to cancel all "customs duties"
currently imposed on Moldovan goods;
- Tiraspol to insure free movement of people
across the Dniester.


4. (C) The measures to be taken by Chisinau would
be:
- to terminate criminal prosecution of TN
leaders;
- Chisinau to reimburse the deposit paid by
Sheriff for CDMA cell telephone license never
delivered (one million dollars);
- Chisinau to include Transnistrian
representatives in Moldovan delegations to
various international events and to expand
foreign assistance programs to cover
Transnistria.


5. (C) Minister for Reintegration Sova supported
the package and said he was ready to sign it
right away. He suggested that there were no
criminal cases against Transnistrian leaders,
except the ones initiated for crimes committed
after the 1992 conflict (hinting at some "MGB"
leaders suspected of murder). Sova also insisted
that termination of criminal prosecutions be
mutual. Yastrebchak said he had no authority to
make any commitments with regard to termination
of Transnistrian criminal prosecutions.


6. (C) Ambassador Remler later told us
Yastrebchak actually confided to him that he had
no disagreement with the proposals, but could not
support them as long as his hands were tied,
pointing to the presence of Russian negotiator
Nesterushkin at his side. Sova too complained
later that the sides would be able to work things
out if it were not for the Russians blocking
them. Sova looked at the TN side and
Nesterushkin and said that part of the problem
was outside influence. Nesterushkin responded
that it would be good if there were no outside
influence, clearly indicating that it was the
Moldovan side being influenced by others. At the
coffee break a clearly irritated Sova told
Ambassador Chaudhry that if the Russians don't
want outside influence, it would be best if they
got out of here.


CHISINAU 00001106 002.2 OF 002



7. (C) The sides agreed to start meetings of
various working groups within days. Sova and
Yastrebchak agreed to meet in Bender on Thursday,
November 13, at 11:00 A.M. to exchange lists of
officials under criminal investigation and to
identify technical legal means for terminating
criminal cases. Sova suggested that this meeting
also address ideas about insuring free movement
across Transnistria's administrative boundary and
about possible steps for demilitarization of both
sides.

Free Movement, Transportation and Foreign Trade
-------------- --


8. (C) Sova suggested that several working groups
meet in the following week (i.e. November 10-14).
However, because of the CIS summit which will
take place in Chisinau on November 13 and 14, all
participants agreed to postpone the meetings of
these working groups for another week until
November 17-21. The tacit agreement was that
working groups on ecology, transportation/roads
and agriculture will meet, each on a separate
day. Additionally, free movement would be
addressed separately during the Sova-Yastrebchak
meeting on November 13.

Resumption of 5-plus-2 Talks on Political
Settlement
-------------- --------------
---


9. (C) Kalman Mizsei suggested that given the
upcoming parliamentary campaign in Moldova, it
would be better if the 5-plus-2 focused first on
confidence-building measures, rather than on
political settlement. Ambassador Chaudhry added
that specific steps for political solution should
also be part of any 5-plus-2 discussion in
addition to reviewing the progress of CBM working
groups. Sova suggested that it would be too late
to get involved in discussions of political
settlement once the election campaign was
underway.


10. (C) Sova raised the question of whether the
5-plus-2 would be ready to discuss the "package
document." Yastrebchak indicated that Tiraspol
had not yet received the document. Sova agreed
to pass the "package document" to Tiraspol so
that Yastrebchak could inform the 5-plus-2 of
Transnistria's reaction to the document, and to
send it to the Council of Europe Venice
Commission for expert commentary.

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


12. (C) It is clear that the Russians hold the
key to progress on a Transnistria settlement.
With time limited before elections up ahead, it
is most prudent at this point to focus on
confidence-building measures which create a more
productive political climate for discussions.
Nonetheless, the Odessa meeting can be viewed as
a step forward in the direction of starting
discussions. Some concrete results are clear;
all agreed that the working groups should meet
soon and that these working groups are part of
the 5-plus-2 process. Freedom of movement is
critical both for allowing the international
community the access necessary to work with
Tiraspol, and to allow contacts between the
sides. With the possibility of MCC money for
roads development on the table, Sova and
Yastrebchak will have significant incentives to
make progress on freedom of movement when they
meet in a bilateral format.

CHAUDHRY