Identifier
Created
Classification
Origin
08STATE92332
2008-08-27 23:57:00
CONFIDENTIAL
Secretary of State
Cable title:  

DEMARCHE REQUEST: CONTINUE ENGAGING GOI ON DRAFT

Tags:  ETTC EFIN PREL PTER IZ RU UK 
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VZCZCXRO0147
OO RUEHBC RUEHDE RUEHIHL RUEHKUK RUEHTRO
DE RUEHC #2332/01 2410000
ZNY CCCCC ZZH
O 272357Z AUG 08
FM SECSTATE WASHDC
TO RUEHGB/AMEMBASSY BAGHDAD IMMEDIATE 0517
INFO IRAQ COLLECTIVE IMMEDIATE
UN SECURITY COUNCIL COLLECTIVE IMMEDIATE
C O N F I D E N T I A L SECTION 01 OF 02 STATE 092332 

SIPDIS
EMBASSY BAGHDAD FOR ECONOFF GREG THOME

E.O. 12958: DECL: 08/26/2018
TAGS: ETTC EFIN PREL PTER IZ RU UK
SUBJECT: DEMARCHE REQUEST: CONTINUE ENGAGING GOI ON DRAFT
UNSCR FOR TERRORIST FINANCING IN IRAQ

REF: A. BAGHDAD 1513

B. SECSTATE 49806

C. RICHARDS-LINES EMAIL 05/26/08

D. SECSTATE 65834

E. ROLAND-LINES EMAIL 08/11/08

Classified By: IO PDAS Jim Warlick for Reasons 1.4(b) and (d).

C O N F I D E N T I A L SECTION 01 OF 02 STATE 092332

SIPDIS
EMBASSY BAGHDAD FOR ECONOFF GREG THOME

E.O. 12958: DECL: 08/26/2018
TAGS: ETTC EFIN PREL PTER IZ RU UK
SUBJECT: DEMARCHE REQUEST: CONTINUE ENGAGING GOI ON DRAFT
UNSCR FOR TERRORIST FINANCING IN IRAQ

REF: A. BAGHDAD 1513

B. SECSTATE 49806

C. RICHARDS-LINES EMAIL 05/26/08

D. SECSTATE 65834

E. ROLAND-LINES EMAIL 08/11/08

Classified By: IO PDAS Jim Warlick for Reasons 1.4(b) and (d).


1. (U) This is an action request. See paragraphs 4, 5,
6, 7 and 8.


2. (C) Per Refs A-D, Embassy Baghdad has shared with the
GOI the draft text of a UNSC resolution that imposes
targeted sanctions on individuals or entities that engage
in or provide support for acts of violence that threaten
Iraq's peace and security. The GOI has indicated that the
text of the resolution, as included in Ref D, is largely
acceptable, with the following reservations:

-- The GOI would like the text of paragraph 10 of the
preamble to read: "Stressing the fact that terrorism and
the individuals and entities associated with it represent
a serious threat to international peace and security."
Paragraph 10 currently reads: "Determining that the
situation in Iraq constitutes a threat to international
peace and security."

-- Some elements of the GOI may be unhappy with the
reference to Chapter VII and predict that PM Maliki's
office will argue for its deletion.


3. (C) In addition, the GOI has yet to endorse the list
of individuals and entities that were included in the
annex to the resolution in Ref D. According to the MFA
contact, GOI security services have produced a list of
additional names for inclusion. However, the contact was
not ready to hand these over to Embassy Baghdad, since he
was still waiting for the security services to provide
sufficient justification for their inclusion.


4. (C) Action Request: Post is requested to urge the GOI to
come to agreement on the list of seven names provided by
the USG for inclusion in the annex. Post should also use
the talking points in paragraph 7 to persuade the GOI to
save any additional suggested names for a second tranche,
to be considered in the 1518 committee, after the
resolution has been adopted.



5. (C) Post is also requested to share the talking points in
paragraph 8 to persuade the GOI to accept a different
formulation of paragraph 10 of the preamble. After we are
in agreement with the GOI on the list of names and the
text of the resolution, Department will send further
guidance with talking points for the GOI to draw from when
engaging the P-5.


6. (C) Post should report by September 1 the results of its
efforts with regard to the annex and the formulation of
paragraph 10 of the preamble. With regard to the points
on the use of Chapter VII, Post is requested to address
these issues with the GOI at the appropriate level. The
timing of these efforts is left to Post's discretion and
should be coordinated with SFA/SOFA negotiators so as to
balance against other policy priorities. IO/UNP POC is
Bridget Lines at LinesBM@state.gov or 202-647-7142.


7. (C)Begin talking points on the Annex:

-- Thank the GOI for its efforts in identifying additional
targets for inclusion in the Annex and ask to review these
targets as soon as possible.

-- We will work with the GOI to develop Statements of
Case on these additional names for a second tranche to be
considered by the 1518 committee after the amendment has
been adopted.

-- It is our belief that adding more targets to the UNSCR
at this time is likely to delay the passage of the
amendment at the UNSC.


8. (C) Begin talking points on paragraph 10 of the preamble:

-- In order to pass a sanctions resolution, the Council
must determine the existence of a threat to international

STATE 00092332 002 OF 002


peace and security.

-- Our strong preference is to refer to "the situation in
Iraq" in this paragraph because it is the most standard
and least controversial formulation. Any other
formulation would raise questions from other Council
members and give them a pretext for stalling or opposing
the resolution.

-- The language characterizing the threat determination in
this paragraph should correspond reasonably closely with
the scope of the designation criteria outlined in OP2. A
general reference to terrorism and those entities
associated with it is too broad and ambiguous.

-- We also prefer to avoid references to terrorism. Even
though this paragraph would not directly affect the type
of entities that could be targeted (this would be
determined by the criteria in OP2),we would like to limit
as much as possible references to terrorism, since the use
of this word might create obstacles and stir opposition
for the resolution in the Council. The UN already has
three counter-terrorism committees, and many Council
members would be less inclined to support this resolution
if they view it as another initiative focused on
terrorism, vice Iraq.

-- If the GOI prefers to avoid a general reference to the
situation in Iraq, we are willing to suggest the following
alternative: "Determining that those engaged in acts of
violence aimed at undermining stability in Iraq constitute
a threat to international peace and security in the
region."

-- If the GOI prefers to avoid use of the word "
determining," we are willing to provide alternative
language. However, an explanation for their opposition to
this word would first be necessary to draft alternative
language that would address their concerns.


9. (C) Begin talking points on Chapter VII:

-- Any UNSC resolution imposing sanctions must be legally
binding or it will not be enforceable. The Security
Council may only impose legally binding sanctions pursuant
to its authority under Chapter VII of the UN Charter.
UNSC resolutions that establish other targeted sanctions
regimes (e.g., 1267 (Al-Qaida/Taliban) or UNSCR 1483
(officials of the former Iraqi regime)) clearly reflect
that the Council is "acting under Chapter VII."

-- Although the Council must act under Chapter VII to
impose the measures contained in this resolution, the
resolution does not establish a new UNSC sanctions
committee. Instead, it merely expands the mandate of an
existing committee, established under resolution 1518
(2003),which currently applies and monitors
implementation of sanctions with respect to members of the
former Iraqi regime, as identified in UNSCR 1483. The GOI'
s aversion to new Chapter VII mandates was taken into
consideration during the drafting of this resolution, and
this committee was the most logical mandate that could be
revised to include the new targets.
RICE