Identifier
Created
Classification
Origin
08STATE53868
2008-05-20 20:29:00
SECRET
Secretary of State
Cable title:
COUNTERPROLIFERATION TASK FORCE FOLLOW UP: EXPORT
how-toVZCZCXRO9032 OO RUEHDE DE RUEHC #3868/01 1412038 ZNY SSSSS ZZH O P 202029Z MAY 08 FM SECSTATE WASHDC TO RUEHAD/AMEMBASSY ABU DHABI IMMEDIATE 1046 INFO RUEHDE/AMCONSUL DUBAI PRIORITY 7603
S E C R E T SECTION 01 OF 03 STATE 053868
SIPDIS
E.O. 12958: DECL: 05/20/2018
TAGS: PARM PREL MNUC XB ZP ZO AE
SUBJECT: COUNTERPROLIFERATION TASK FORCE FOLLOW UP: EXPORT
CONTROL LAW
REF: A. ABU DHABI 325
B. ABU DHABI 326
C. ABU DHABI 1695
Classified By: NEA/ARP Director A.Steinfeld for reasons 1.4 b,c and d
--------------
ACTION REQUEST
--------------
S E C R E T SECTION 01 OF 03 STATE 053868
SIPDIS
E.O. 12958: DECL: 05/20/2018
TAGS: PARM PREL MNUC XB ZP ZO AE
SUBJECT: COUNTERPROLIFERATION TASK FORCE FOLLOW UP: EXPORT
CONTROL LAW
REF: A. ABU DHABI 325
B. ABU DHABI 326
C. ABU DHABI 1695
Classified By: NEA/ARP Director A.Steinfeld for reasons 1.4 b,c and d
--------------
ACTION REQUEST
--------------
1. (SBU) Post is requested to deliver the letter in paragraph
three to Director, International Organizations, Ministry of
Foreign Affairs, Yacoub al Hosani.
End action request.
--------------
OBJECTIVES
--------------
2. (SBU) Post should achieve the following objectives:
-- Thank UAE officials for hosting the third
Counterproliferation Task Force (CTF) meeting.
-- Deliver the letter from ISN AA/S McNerney and Commerce DAS
Borman that follows-up on the February CTF meeting and
conveys our thoughts on next steps for the UAE to take
regarding implementation of its export control law.
-- Note the United States, appreciation for the growing
collaboration our countries have on counterproliferation as a
result of this process.
-- Reiterate the importance we place on effective
implementation and enforcement of the export control law and
that our offers to assist the UAEG through consultations and
related training stands.
-- Inform the UAEG that the United States proposes a workshop
) based on the September 2007 legal and regulatory workshop
- on implementation of export controls as a follow up to the
February CTF.
-- Solicit dates from the UAEG by proposing August 27-28,
2008 for the proposed workshop.
End objectives.
--------------
LETTER
--------------
3. (SBU) Begin Letter (a signed original will not follow):
May 20, 2008
Yacoub al-Hosani
Director, International Organizations
Ministry of Foreign Affairs
Abu Dhabi, United Arab Emirates
Dear Director al-Hosani:
The United States extends its appreciation to
your government for hosting the productive February
Counterproliferation Task Force (CTF). Our cooperative
efforts are helping to stem the proliferation of weapons of
mass destruction and related items and the enactment of your
federal export control law is a significant milestone in the
effort.
As you know, there is considerable interest from
Members of the U.S. Congress regarding your government,s new
export control system and we are encouraged by press reports
of an investigation into a shipment of zirconium ) an
indication that the export control law is being enforced.
We also remain committed in helping your
government implement and effectively enforce this new law
through related export control-related consultations and
training, including the June training session for your judges
and prosecutors.
We would also like to propose an additional workshop to
discuss next steps in implementing the new law. This workshop
would be a follow on to the successful September 2007 legal
STATE 00053868 002 OF 003
and regulatory workshop. It would include discussions on
forthcoming legal amendments, regulations, development of a
licensing authority, control list revisions, and industry
outreach efforts. We have attached a short paper that
summarizes each of these areas and hope that we can agree
upon a time to conduct this training for August 27-28, 2008.
Sincerely,
Patricia A. McNerney
Acting, Assistant Secretary for International Security and
Nonproliferation
Department of State
Matthew S. Borman
Acting, Assistant Secretary for Export Administration
Department of Commerce
End letter.
Begin Recommended Elements for Implementation of the Export
Control Law:
Recommended Elements to Implement the Export Control Law
Control List
The export control law provides the UAE government the
ability to make revisions to items under control. We
recommend the UAE stay current with the multilateral export
control regimes. The control lists published with the law
passed on August 30, 2007 do not completely cover the four
regimes (i.e., the Wassenaar Arrangement, Nuclear Suppliers
Group, Australia Group, and the Missile Technology Control
Regime). We recommend adopting the European Union,s (EU)
Control List because it is a compilation of all four regime
lists.
Executive Agency
Creation of an Executive Agency is recommended in order to
administer the export control system.
Regulations and Licensing Procedures
We recommend regulations be developed and promulgated
informing the public of the new requirements and procedures.
These regulations should establish what items are controlled,
i.e., items stipulated on the control lists or items that are
for a weapons of mass destruction or terrorist end users or
end uses; how licenses are applied for, reviewed and decided
upon; record keeping requirements; appeal procedures; and
administrative and criminal penalties. In addition, internal
procedures to classify items and review export license
applications should be also be included.
Industry Outreach Strategy
We recommend ongoing outreach to industry on the new law and
its implementation. This is a critical part of an effective
export control system.
Investigations: Identifying Illegal Trade
Preventative enforcement measures, as well as enforcement
targeting and inspection techniques and strategies, are an
important part of a comprehensive export control system. In
addition, mechanisms to coordinate with the executive
authority and local authorities on suspect shipments and
investigations of possible violations are necessary to
execute the new law.
Prosecutions: Administrative and Criminal Actions
Ensuring prosecutors and judges understand the
legal/regulatory requirements of the new federal export
control law and the development of the necessary operational
mechanics for prosecuting export control cases is another
critical aspect of a robust export control system.
Procedures for administrative actions, such as fines and
suspension of exporting privileges, are an additional tool
useful to fully implement the new law.
End letter.
--------------
BACKGROUND
--------------
STATE 00053868 003 OF 003
4. (S) On February 25, Acting ISN Assistant Secretary
Patricia McNerney led an interagency delegation for the third
CTF meeting with the UAEG (ref A). During this meeting, the
UAEG asserted that it was enforcing the 2007 export control
law, but was in the process of amending it to make it easier
to implement and enforce. Prior to the CTF, the U.S. held a
legal and regulatory workshop in September 2007 for the UAEG
legal team responsible for the UAE's export control law (ref
C). It was clear from the discussions during the workshop
that the UAEG was still grappling with the complexities of
implementing the new export control system. Further, during
A/AS McNerney,s meetings she was told that the UAEG lacked
expertise in implementing the law and that its licensing
process was confusing (ref B). To assist the UAEG in
implementing its export control law and capitalize on the
momentum created from the CTF and the September 2007 workshop
we want to offer a follow-on workshop for the same UAEG
experts that were in attendance in September 2007.
End background.
--------------
REPORTING DEADLINE
--------------
5. (U) Please report response by June 3, 2008.
--------------
POINT OF CONTACT
--------------
6. (U) Department point of contact for follow-up is Chris
Herrington ISN/CPI (202) 647-5035. Please slug all responses
for ISN, T, and NEA. Washington appreciates Post,s
assistance.
RICE
SIPDIS
E.O. 12958: DECL: 05/20/2018
TAGS: PARM PREL MNUC XB ZP ZO AE
SUBJECT: COUNTERPROLIFERATION TASK FORCE FOLLOW UP: EXPORT
CONTROL LAW
REF: A. ABU DHABI 325
B. ABU DHABI 326
C. ABU DHABI 1695
Classified By: NEA/ARP Director A.Steinfeld for reasons 1.4 b,c and d
--------------
ACTION REQUEST
--------------
1. (SBU) Post is requested to deliver the letter in paragraph
three to Director, International Organizations, Ministry of
Foreign Affairs, Yacoub al Hosani.
End action request.
--------------
OBJECTIVES
--------------
2. (SBU) Post should achieve the following objectives:
-- Thank UAE officials for hosting the third
Counterproliferation Task Force (CTF) meeting.
-- Deliver the letter from ISN AA/S McNerney and Commerce DAS
Borman that follows-up on the February CTF meeting and
conveys our thoughts on next steps for the UAE to take
regarding implementation of its export control law.
-- Note the United States, appreciation for the growing
collaboration our countries have on counterproliferation as a
result of this process.
-- Reiterate the importance we place on effective
implementation and enforcement of the export control law and
that our offers to assist the UAEG through consultations and
related training stands.
-- Inform the UAEG that the United States proposes a workshop
) based on the September 2007 legal and regulatory workshop
- on implementation of export controls as a follow up to the
February CTF.
-- Solicit dates from the UAEG by proposing August 27-28,
2008 for the proposed workshop.
End objectives.
--------------
LETTER
--------------
3. (SBU) Begin Letter (a signed original will not follow):
May 20, 2008
Yacoub al-Hosani
Director, International Organizations
Ministry of Foreign Affairs
Abu Dhabi, United Arab Emirates
Dear Director al-Hosani:
The United States extends its appreciation to
your government for hosting the productive February
Counterproliferation Task Force (CTF). Our cooperative
efforts are helping to stem the proliferation of weapons of
mass destruction and related items and the enactment of your
federal export control law is a significant milestone in the
effort.
As you know, there is considerable interest from
Members of the U.S. Congress regarding your government,s new
export control system and we are encouraged by press reports
of an investigation into a shipment of zirconium ) an
indication that the export control law is being enforced.
We also remain committed in helping your
government implement and effectively enforce this new law
through related export control-related consultations and
training, including the June training session for your judges
and prosecutors.
We would also like to propose an additional workshop to
discuss next steps in implementing the new law. This workshop
would be a follow on to the successful September 2007 legal
STATE 00053868 002 OF 003
and regulatory workshop. It would include discussions on
forthcoming legal amendments, regulations, development of a
licensing authority, control list revisions, and industry
outreach efforts. We have attached a short paper that
summarizes each of these areas and hope that we can agree
upon a time to conduct this training for August 27-28, 2008.
Sincerely,
Patricia A. McNerney
Acting, Assistant Secretary for International Security and
Nonproliferation
Department of State
Matthew S. Borman
Acting, Assistant Secretary for Export Administration
Department of Commerce
End letter.
Begin Recommended Elements for Implementation of the Export
Control Law:
Recommended Elements to Implement the Export Control Law
Control List
The export control law provides the UAE government the
ability to make revisions to items under control. We
recommend the UAE stay current with the multilateral export
control regimes. The control lists published with the law
passed on August 30, 2007 do not completely cover the four
regimes (i.e., the Wassenaar Arrangement, Nuclear Suppliers
Group, Australia Group, and the Missile Technology Control
Regime). We recommend adopting the European Union,s (EU)
Control List because it is a compilation of all four regime
lists.
Executive Agency
Creation of an Executive Agency is recommended in order to
administer the export control system.
Regulations and Licensing Procedures
We recommend regulations be developed and promulgated
informing the public of the new requirements and procedures.
These regulations should establish what items are controlled,
i.e., items stipulated on the control lists or items that are
for a weapons of mass destruction or terrorist end users or
end uses; how licenses are applied for, reviewed and decided
upon; record keeping requirements; appeal procedures; and
administrative and criminal penalties. In addition, internal
procedures to classify items and review export license
applications should be also be included.
Industry Outreach Strategy
We recommend ongoing outreach to industry on the new law and
its implementation. This is a critical part of an effective
export control system.
Investigations: Identifying Illegal Trade
Preventative enforcement measures, as well as enforcement
targeting and inspection techniques and strategies, are an
important part of a comprehensive export control system. In
addition, mechanisms to coordinate with the executive
authority and local authorities on suspect shipments and
investigations of possible violations are necessary to
execute the new law.
Prosecutions: Administrative and Criminal Actions
Ensuring prosecutors and judges understand the
legal/regulatory requirements of the new federal export
control law and the development of the necessary operational
mechanics for prosecuting export control cases is another
critical aspect of a robust export control system.
Procedures for administrative actions, such as fines and
suspension of exporting privileges, are an additional tool
useful to fully implement the new law.
End letter.
--------------
BACKGROUND
--------------
STATE 00053868 003 OF 003
4. (S) On February 25, Acting ISN Assistant Secretary
Patricia McNerney led an interagency delegation for the third
CTF meeting with the UAEG (ref A). During this meeting, the
UAEG asserted that it was enforcing the 2007 export control
law, but was in the process of amending it to make it easier
to implement and enforce. Prior to the CTF, the U.S. held a
legal and regulatory workshop in September 2007 for the UAEG
legal team responsible for the UAE's export control law (ref
C). It was clear from the discussions during the workshop
that the UAEG was still grappling with the complexities of
implementing the new export control system. Further, during
A/AS McNerney,s meetings she was told that the UAEG lacked
expertise in implementing the law and that its licensing
process was confusing (ref B). To assist the UAEG in
implementing its export control law and capitalize on the
momentum created from the CTF and the September 2007 workshop
we want to offer a follow-on workshop for the same UAEG
experts that were in attendance in September 2007.
End background.
--------------
REPORTING DEADLINE
--------------
5. (U) Please report response by June 3, 2008.
--------------
POINT OF CONTACT
--------------
6. (U) Department point of contact for follow-up is Chris
Herrington ISN/CPI (202) 647-5035. Please slug all responses
for ISN, T, and NEA. Washington appreciates Post,s
assistance.
RICE