MINISTER OF JUSTICE ENCOURAGING ON ARTICLE 98

C O N F I D E N T I A L CHISINAU 000314

SIPDIS

SIPDIS

STATE FOR EUR/UMB, ISN-JCORBETT

E.O. 12958: DECL: 03/20/2018
TAGS: KICC MARR PREL PGOV MD
SUBJECT: MINISTER OF JUSTICE ENCOURAGING ON ARTICLE 98

REF: Chisinau 0312

Classified By: Ambassador Michael D. Kirby, for reasons 1.4 (b) and
(d).


1. (C) Summary: Moldovan Minister of Justice Vitalie Pirlog told us
on March 19 that he was optimistic about Moldova's signing Article

98. Working-level meetings on March 20 confirm the optimism, but
concerns about Moldova's inter-agency process and EU reaction remain.
End summary.


2. (C) At the end of the conversation reported in reftel, Moldovan
Minister of Justice Vitalie Pirlog informed Ambassador Kirby that the
Government of Moldova (GOM) wanted to sign Article 98 before
Parliament ratified the Rome Treaty, and requested guidance on how to
proceed. Pirlog stressed his need for help in dealing with negative
reactions from EU countries that could hinder Moldova's chances of
integration. The Ambassador said that he had asked his European
ambassadorial colleagues to see an Article 98 agreement as equivalent
to the Status of Forces Agreements (SOFA) that the U.S. already has
with their countries, which are also Rome Treaty signatories. The
Ambassador, after assuring Pirlog that European governments would be
upset for no more than a week, further noted that Moldova's
ambassadors in European countries should be stressing to their
interlocutors the importance to Moldova of both the Rome Treaty and
of its relationship to the United States.


3. (C) Pirlog, noting his legal training, declared that he knew how
the International Court of Justice works, that he had been successful
in taking oversight of the GOM's Article 98 process from the Ministry
of Foreign Affairs and European Integration (MFA),and that now was
the time for Moldova to sign. All he wanted, he said, was guidance
on how to finish the job without harming Moldova's relations with
Europe.


4. (C) On March 20, MOJ Chief of International Relations and European
Integration Diana Scobioala visited the Embassy for a briefing. We
handed her all six versions that an Article 98 agreement could take,
and she promised that MOJ would decide by March 25 which version it
would choose. We offered her conference-call facilities to discuss
the options with DOS experts. Scobioala noted that the Minister of
Justice had (confidential) authority to hold Parliament back from
ratifying Rome until the Article 98 issue was settled. (Note: Given
the resignation of the entire Moldovan government on March 19, and
Pirlog's caretaker status, it is not clear that this authority will
hold. End note.)


5. (C) Scobioala repeated Pirlog's promise of the GOM's intention to
sign Article 98, but noted that, after MOJ drafted its document, the
MFA and Parliament would still be involved. Like Pirlog, she asked
for USG support with European countries, stressing that the european
integration half of her portfolio was the most important part. She
also asked for a list of EU candidate countries which have signed
Article 98.


6. (C) Comment: After promises and delays, this appears to be the
most serious signal yet from the GOM that it is ready to sign Article

98. We should do everything that we can to protect Moldova from
attacks in European capitals, encourage Moldova to raise the issue
preemptively in its bilateral relations, and clarify the way forward
as much as we can. Please contact Political Officer Michael Mates
for further information.

Kirby