PSI: SUMMARY OF SEPTEMBER 2008 PARIS OPERATIONAL

UNCLAS SECTION 01 OF 03 STATE 115935 SIPDIS E.O. 12958: N/A TAGS: KNNP MNUC PARM PREL SUBJECT: PSI: SUMMARY OF SEPTEMBER 2008 PARIS OPERATIONAL EXPERTS GROUP (OEG) MEETING SUMMARY AND ACTION REQUEST ¶1. The seventeenth Proliferation Security Initiative PSI) Operational Experts Group (OEG) meeting took place in Paris, France on September 25-26, 2008. The twenty PSI countries participating in the OEG work on behalf of all PSI participants (i.e., the more than 90 countries that have endorsed the PSI Statement of Interdiction Principles). We would like to share key insights from the latest meeting with all countries that have endorsed the PSI, with which we want to deepen our operational cooperation. ¶2. Posts are requested to provide the summary in paragraph 4 below of the September 2008 OEG meeting results to host government officials from relevant agencies such as Ministries of Defense, Foreign Affairs, Law Enforcement agencies (including Customs, Border Control, etc.),and intelligence agencies. OBJECTIVE ¶3. To inform all PSI-endorsing states of the latest developments resulting from the September 25-26, 2008 PSI OEG meeting in Paris, France. Post may draw from the background paragraph 4, which may be left as a nonpaper. Additional meeting materials for posts' reference can be provided by State/ISN/CPI (Carlos Guzman) upon request (GuzmanCS@state.gov). BACKGROUND ¶4. BEGIN NON-PAPER ON THE SEPTEMBER 2008 PSI OEG MEETING HOSTED BY FRANCE: -- The Government of France hosted the seventeenth PSI Operational Experts Group (OEG) meeting on September 25-26, 2008. The meeting included experts from 20 PSI partner countries that work together to establish a PSI exercise program and develop operational concepts in support of the Initiative and on behalf of the more than 90 PSI participant states. -- The meeting included presentations and discussions on a broad range of topics, including the U.S.-hosted PSI fifth anniversary meetings held on May 28-29 in Washington, the 2005 Protocol to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA),the International Civil Aviation Organization (ICAO) convention amendment process, an update on the Financial Action Task Force (FATF),PSI exercises, legal and law enforcement issues, and European Union strategies to combat WMD-related proliferation. -- THE PSI FIFTH ANNIVERSARY MEETINGS. The U.S. discussed the results of the Senior-Level Meeting and the PSI Outreach Workshop held May 28-29, 2008 in Washington. The meeting resulted in the adoption of the Washington Declaration, which set out key priorities for the future: to focus on regional PSI activities and outreach workshops; to strengthen communication channels among counterpart government agencies in PSI partner states; and to continue work to strengthen relevant international law and frameworks (see: http://www.state. gov/r/pa/prs/ps/2008/may/105268.htm). -- EUROPEAN UNION AND PSI. An invited representative from the European Union described how the EU is playing a role in nonproliferation. First, the EU provides a legal basis for PSI activities of its member states by translating UNSCR sanctions at the EU level and implementing its own set of sanctions. The EU has established a legal regulatory framework in areas where states have transferred authority to the European Union (e.g., dual-use intem export control regime) and sets out best practices for Member States (e.g., customs regulations).Second, the EU offers capacity-building and institutional support in implementing PSI Interdiction Principles - the Joint Research Centre develops operational tools in areas such as the surveillance of maritime traffic and container screening. Third, EU institutions contribute to the fight against proliferation through assistance and outreach efforts to third countries, and this includes inserting a WMD clause in cooperation STATE 00115935 002 OF 003 agreements with third parties. -- FINANCIAL ACTION TASK FORCE (FATF). Denmark summarized the FATF's efforts to prevent proliferation finance. The FATF's mandate was extended in 2008 to include the analysis of financing aspects of WMD proliferation. FATF's approach is based on recommendations on the implementation of UN Security Council resolutions. It seeks to provide tools for implementing the financing aspects of those resolutions based on a typology process (threat assessment, methods and measures, identification of policy issues). Denmark underlined that the main PSI challenge in this regard is information and intelligence sharing with financial institutions and industry. -- PSI WEBSITE UPDATE. Germany gave a presentation on the PSI internet website project which currently contains practical information, contact details, and an archive of previous PSI meetings and exercises. Access can be requested by all PSI partners by contacting the local German embassy. Germany suggested improvements to the website to increase participation, add content (PSI newsletter, search engine, "national areas", etc.) and improve interactivity (discussion groups, information exchanges). All participants underlined the importance of the work Germany has undertaken. Delegates discussed the development and use of the German website as a PSI information repository and outreach tool. -- PSI EXERCISES AND OUTREACH. France presented on its March 2008 Exercise "Guistir", which included an outreach event and a live exercise at sea and in the harbour in cooperation with the Djibouti authorities. New Zealand outlined Exercise "Maru", which took place in September. Its objectives were to improve the capabilities and interoperability of regional PSI partners, improve the collective understanding within the PSI community of disposition and liability issues, and encourage a greater understanding of the PSI within the Asia-Pacific region. The exercise focused on post-interdiction issues, including the response to legal challenges to justify a course of action, liability, ownership and disposition of the goods seized, prosecution and media strategy. Canada gave a presentation on the PSI inject into the U.S.-hosted Exercise "Panamax" exercise held in August. This was a multinational exercise that brought together Western Hemisphere partner nations to address regional security concerns. -- 2005 SUA PROTOCOLS. Spain, which ratified the 2005 SUA Protocol in April 2008, reported that it did not encounter any specific domestic difficulties during the ratification process. The Spanish penal code covers all the new SUA offences in a material way. A number of other PSI partners are currently in the same process. The U.S. Senate has provided its advice and consent to the SUA Protocol, but Congress has yet to enact the necessary implementing legislation. The U.S. delegation described its nine bilateral PSI shipboarding agreements, which are consistent with the implementation of UNSCR 1540, PSI objectives and the provisions of the 2005 SUA Protocol. The U.S. delegation circulated samples of forms that are used to request and provide the authorization of the flag state to board and, if evidence is found, to request information for disposition. It was also mentioned that the provisions of the SUA Protocols are serving as a basis for the discussion in the ICAO to introduce new offenses to counter proliferation by air. PSI partners were encouraged, while respecting the sovereignty of PSI States, to pursue the ratification/accession process of the 2005 SUA Protocol. Delegations discussed other legal issues related to boarding operations in the high seas under the 2005 SUA Protocol, including the boarding regime itself and law enforcement procedures and the nature of these standards for these boarding operations (domestic, international with regard to human rights). -- LEGAL ISSUES. Turkey presented a review of its export control legislation, which used the EU list as a model. Turkey's draft law on strengthening the export controls on dual use and sensitive goods was submitted to the Turkish Grand National Assembly in June 2008. Australia discussed the progress by ICAO on improving the existing legal framework (updating the Montreal and Hague Conventions). Australia requested OEG states to consider the draft amendment to the Montreal Convention and provide comments. Australia also emphasized the necessity of building relationships with industry and to engage a broader range of countries in the process. The U.S. examined disposition and liability with a focus on the STATE 00115935 003 OF 003 question of goods abandoned or unclaimed. The presentation outlined customs abandonment statutes, issues related to the disposition of abandoned or unclaimed merchandise, and liability. France outlined steps taken recently to support PSI, including the development of its national response plan related to WMD proliferation and associated Standard Operating Procedures, a draft law to reinforce French legislation, new dual-use goods export control mechanisms, and a draft PM directive calling all institutions to take into account WMD counter proliferation. -- LAW ENFORCEMENT ISSUES. The U.S. gave a presentation exploring key law enforcement issues, including information acquisition, analysis and targeting, engaging industry, supply chain security and capacity building. France provided information on the role of customs in control of dual use goods and technology, starting from licensing procedure to offences and penalties. It outlined the basic principles of customs control of dual-use goods: it is based mainly on EU Regulation 1334/2000, which covers products controlled under various international non-proliferation regimes. This Community Regulation set up a community regime for the control of dual-use items and technology exports. The presentation showed that this regulation is fully and directly applicable in French law and that it will be clarified by French Customs. France further described the different license types used in France, the licensing procedure, the role of French Customs in controlling dual-use exports, and the relevant offences and penalties. -- PSI MODEL NATIONAL RESPONSE PLAN. Portugal announced the release of the Portuguese version of the national response plan, available to all PSI-endorsing states. -- PSI EXERCISE PROGRAM. The UK provided an update on the Lessons Identified database that would be used to document the PSI Exercise Program and help guide and prioritize focus areas of future exercises. -- PSI SCHEDULE 2009. The U.S. will host the next OEG meeting with Western Hemisphere regional participation on May 12-14, 2009. Poland will host a European regional OEG in June 2009. The U.S. will host an exercise in the Gulf region in October 2009. Singapore will host an exercise in November 2009. All dates are subject to change. Australia gave a short presentation of the PSI Master Events List (MEL) that will reflect all exercises and outreach activities, noting that it plans to post the tool on the PSI website hosted by Germany. END NON-PAPER ON THE SEPTEMBER 2008 PSI OEG MEETING HOSTED BY FRANCE. POINTS OF CONTACT ¶5. Please slug responses for OSD GSA (Beth Flores) and State/ISN/CPI (Carlos Guzman). USG POC for PSI Operational Experts Group issues is Beth Flores, OSD/GSA (beth.flores@osd.mil). USG POC for PSI policy issues is Carlos Guzman, State/ISN/CPI (GuzmanCS@state.gov). RICE