REQUEST FOR MEETING TO REVIEW THE GAMEPLAN (S)

S E C R E T STATE 112700


E.O. 12958: DECL: 10/22/2033
TAGS: PARM PREL ETTC MTCRE CBW MNUC MCAP TW

SUBJECT: REQUEST FOR MEETING TO REVIEW THE GAMEPLAN (S)

REF: KIM/BOYER EMAIL OF OCTOBER 8 2008

Classified By: ISN/MTR Office Director Pam Durham.
Reasons: 1.4 (b) and (d).


1. (U) This is an action request. See para 5.


2. (S) Background/Purpose/Objective: In August 2005,
Taiwan agreed to a Gameplan on near- and long-term steps
to improve its export controls and to address the most
pressing aspects of the proliferation problem -- exports
to the most threatening weapons programs, those in Iran
and North Korea. The Gameplan's near-term steps require
Taiwan approval for all exports, transits, and
transshipments of relevant items to (initially) Iran and
North Korea and to deny approval for all such activities
that pose a weapons of mass destruction (WMD),missile,
or conventional arms proliferation risk. Moreover,
Taiwan has agreed to consult the U.S. prior to approving
each such activity.


3. (S) Since August 2005, the implementation of the
Gameplan has gone well and Taiwan's overall
nonproliferation record has improved. However,
deficiencies remain in Taiwan's legal and regulatory
framework and enforcement of its export controls.
Despite the positive forward progress of the Gameplan,
we continue to see reports on activity of potential
concern. We actively seek to raise these cases with
Taiwan authorities when we are able to obtain cleared
language from the Intelligence Community. We need to
continue to engage Taiwan authorities to emphasize the
importance of fully implementing the Gameplan
commitments and taking additional measures as needed
to guard against Taiwan companies supporting programs
of proliferation concern.


4. (S//REL Taiwan) As the U.S. and Taiwan have not
held a meeting on the Gameplan since September 2007,
the U.S. would like to accept Taiwan's invitation to
have the next round of Talks in Taipei in December 2008
(REF A). The U.S. understands the Taiwan authorities'
request to have more than one day of talks, and proposes
one and one half days of talks, beginning on
December 4, 2008. The purpose of these talks will be
to review the implementation of the Gameplan, and to
have a dialogue with the Taiwan authorities about ways
to strengthen implementation of the Gameplan and ways
for Taiwan authorities to continue to strengthen and
improve export control implementation. NOTE: We
would expect the talks to end at midday on December 5,
but would be open to using the afternoon of December 5
to see some aspect of Taiwan's export control efforts,
i.e., a port visit. END NOTE.


5. (S) Action Request: Drawing on paragraph 4 above
and from the talking points in paragraph 6 below,
request AIT approach appropriate Taiwan authorities
to confirm agreement to hold one and one half days of
talks on December 4-5, 2008 to discuss Gameplan
implementation. Also request AIT hand-over the notional
agenda in paragraph 7 and request feedback/concurrence
by November 3. Post should report any response via
front-channel cable slugged for ISN/MTR (Samantha Boyer)
and EAP/TC.


6. (S) Begin talking points:

(S//REL Taiwan)

--Since August 2005, the implementation of the Gameplan
has gone well and Taiwan's overall nonproliferation
record has improved.

--We believe that our meeting on Gameplan implementation
in September 2007 was beneficial and are looking forward
to similarly valuable talks in December in Taipei.

--We propose meeting for one and one half days, beginning
December 4, but we would be open to a port visit on the
afternoon of December 5.

--The goal of these meetings will be to review the
implementation of the Gameplan and to seek to understand
what steps Taiwan has taken to further strengthen its
implementation and internal export reviews.

--We have prepared a notional agenda for our discussions
on the Gameplan and would welcome your feedback by
November 3.

--We look forward to detailed and productive discussions
and to continuing to work together in support of our
shared goal of helping Taiwan prevent its firms from
transferring WMD and missile useful items to programs
of proliferation concern.



7. (C) Notional Agenda for Experts Meeting with Taiwan

(C/REL Taiwan)


1. Introductions/Scene-setting (U.S. and Taiwan)


2. Review Status of Gameplan Implementation

a. License Review Process

i. Taiwan Presentation on its current export control and
review process for these licenses (TW)
We would expect Taiwan to describe what has been updated
or changed since our last meeting; challenges Taiwan sees;
what Taiwan would like U.S. assistance with, etc. (TW)
We also would anticipate discussion of a forthcoming U.S.
license review process paper (U.S. and TW)

ii. U.S. comments on Gameplan implementation (U.S.)
We would like to discuss whether BOFT reviews licenses
before sending them to the U.S. and what is entailed in
that review. We also would like to understand whether
BOFT checks previous licensing history of end-users and
exporters, and any previous U.S. concerns. Additionally,
we would like to discuss whether BOFT could start adding
-- in addition to whether a case is a "repeat" or not
-- what BOFT's opinion of the case is (i.e., would BOFT
issue or return the case?)(U.S. and TW)

b. SCL item review (TW)

c. Transit/Transshipment Controls (U.S. and TW)
i. Review of Transit/Transshipment controls
It would be useful to discuss how BOFT vets export
licenses to China and the UAE, including how end-users
that are freight forwarders and distributors are
vetted. (TW)

d. Presentations (U.S.)

i. Transshipment trends in the region (U.S.)

ii. Brokering (U.S.)

iii. Machine tools (U.S.)

iv. Targeting/Risk Management (U.S.)

e. Intangible Technology Controls (ITT)

i. Status of legislation (TW)

ii. Other means to adopt intangible technology controls (TW)

iii. U.S. Intangible Technology Controls (US)


3. Export Control Training/Assistance (TW and U.S.)

a. Discussion of what training BOFT has received in the
past year, and what training Taiwan thinks would be
useful (TW)

b. EXBS summary report (U.S.)


4. Strengthened efforts to investigate and impose penalties
on Taiwan entities that violate its export control policy

a. Review of open cases (U.S., TW)

b. Updates on Investigations (TW)

i. Steps Taiwan is taking to strengthen export control
enforcement (TW)

ii. Importance of receiving more complete
responses (U.S. and TW)

c. Updates on Cases identified by Taiwan (TW)


5. Nonproliferation Visa Review (U.S.)


6. Closing statements/wrap up (U.S., TW)

End Notional Agenda


7. (U) Please contact ISN/MTR's Samantha Boyer with any
questions or follow-up at 202-736-7176 or
boyersa@state.gov, and slug reporting on this issue for
ISN/MTR and EAP/TC.


8. (U) A word version of this document will be posted at
www.state.sgov.gov/demarche.
RICE


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