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