MOFAT DEPUTY MINISTER REQUESTS INTERNATIONAL LEGAL

S E C R E T SEOUL 000796

SIPDIS

NOFORN
SIPDIS

STATE FOR EEB/ESC/TFS, ISN/CPI, EEB/OTF, EAP/K, AND L
NSC FOR PAN AND CHANG
TREASURY FOR OFAC
COMMERCE FOR OEE

E.O. 12958: DECL: 03/22/2018
TAGS: EAIR ETRD ETTC PTER PREL KLIG KS UK IR GR
SUBJECT: MOFAT DEPUTY MINISTER REQUESTS INTERNATIONAL LEGAL
GROUNDS FOR DETAINING 747 AIRCRAFT BOUND FOR IRAN

REF: A. (A) STATE 18255

B. (B) SEOUL 363

C. (C) STATE 21134

D. (D) SEOUL 422

E. (E) STATE 29431

F. (F) SEOUL 573

G. (G) SEOUL 576

H. (H) BIS E-MAIL OF APRIL 17

Classified By: CDA BILL STANTON FOR REASONS 1.4 (B&D).


1. (U) This is an action request. Please see Para 4.


2. (S/NF) The Ministry of Foreign Affairs and Trade's
(MOFAT) Deputy Minister for Multilateral, Global and Legal
Affairs OH Joon called in the Charge on April 18 to request
an update on Balli Group's (BG) compliance with Commerce's
Temporary Denial Order (TDO) detaining BG's three Boeing 747
aircraft in Korea. Oh noted the senior management of Korean
Air (KAL),which is overseeing maintenance work on the
aircraft at Incheon Airport, has been fully cooperating with
the TDO. Nonetheless, they have now expressed concern about
BG's mounting storage bills and the continuing tie-up of KAL
maintenance hangars.


3. (S/NF) In response, the Charge delivered Ref (H) talking
points and conveyed USG appreciation for the continuing
cooperation of both the Korean Government and KAL.
Expressing thanks for the update, Oh reiterated the ROKG's
strong hope that the case would be resolved soon. Oh noted
that the ROKG was particularly worried about a possible press
leak that could portray the ROKG as acting on behalf of the
U.S. without any basis in international law. In this light,
Oh asked Charge for specific information on whether BG's
aircraft had been used in contravention of United Nations
Security Council resolutions or other pertinent international
agreements. Charge replied that BG aircraft leased to Mahan
Air had been used in the past in support of Iranian
Revolutionary Guard Corps activities in Iraq, but undertook
to convey Oh's legal query to Washington. Noting the best
resolution of this matter would be transfer of the aircraft
to a bona fide non-Iranian airline, Charge requested that the
ROKG and KAL provide any additional information they might
acquire from BG concerning the likely end-user of the
aircraft. He also reiterated the request for a copy of the
BG contract with KAL.


4. (S/NF) Action Request: It is clear that MOFAT is caught
in a tough position, facing increasing pressure from KAL and
possibly the owners of the aircraft to justify the TDO.
MOFAT has done everything we have asked them to do, but,
after two months of waiting, they now need an idea of when
this will be resolved. We would appreciate guidance. In
addition, please provide any specific and ROKG-releaseable
information on whether BG's aircraft have been used in direct
violation of UNSCRs or other international agreements. The
ROKG continues to be genuinely concerned that its detention
of the aircraft could be challenged successfully in court.
End action request.
STANTON