CAMEROON PROPERTY TAX CASE: JUDGE WANTS PERMREP TO

UNCLAS USUN NEW YORK 000251 SIPDIS SIPDIS DEPT FOR IO/UNP, L/DL/, AF/W E.O. 12958: N/A TAGS: OFDP PREL CM UN SUBJECT: CAMEROON PROPERTY TAX CASE: JUDGE WANTS PERMREP TO APPEAR? ¶1. This is an action request for the Department - please see paragraph 2. ¶2. USUN has received an advance faxed copy of a diplomatic note from the Cameroon Mission expressing its concern at what it believes is the District Court's demand that the Permanent Representative or his designee appear under oath before the judge hearing the case regarding the suit brought by the City of New Rochelle, NY on taxation of Cameroon's official residence. The Mission requests USUN's advice on the demand and on the case in general. A "notice of deposition" attached to the note indicates that the PermRep or his representative or agent should give a deposition before March 26 in the offices of the plaintiff's (New Rochelle) lawyers. USUN seeks guidance on how to respond to the Cameroon Mission's note. ¶3. Informal USUN translation of the original French diplomatic note from the Cameroon Mission: Begin text: (complimentary salutation).. and has the honor to inform the (U.S. Mission) of the latest developments regarding the case of the City of New Rochelle vs. the State of Cameroon. The Permanent Mission of Cameroon has been for some time the object of harassment on the part of the City of New Rochelle for the payment of 750,000 dollars in taxes on the official residence of the Ambassador, Permanent Representative of Cameroon located at 50 Montgomery Circle, New Rochelle, New York 10804. The position of Cameroon in this regard is unwavering. The said residence belongs to the State of Cameroon, and as it serves as the official residence of the Ambassador, Permanent Representative, it benefits from diplomatic status and should, therefore, by the terms of the Vienna Convention on Diplomatic Relations, be exempt from the payment of taxes. The Permanent Mission of the United States was consulted in this regard, and at the time advised the Permanent Mission of Cameroon to engage the services of a lawyer who would advocate the position of Cameroon before the judge hearing the case. The Permanent Mission of Cameroon followed this advice and engaged the services of Attorney Denise Bonnaig of Bonnaig and Associates, 277 Broadway, Suite 708-70, New York, NY 10007 (212) 374-1511. The case is going forward before the Court of the Southern District of New York. The Permanent Mission of Cameroon wishes in this regard to express its deep concern with the demand made by the judge hearing the case that the Ambassador, Permanent Representative or his representative from within the mission appear before him to be heard under oath on this case (see attached notice of deposition). According to the lawyer for Cameroon, Judge Fox demands that a representative of the mission appear without fail on March ¶26. 2008. The Permanent Mission of Cameroon wishes to draw the attention of the Permanent Mission of the United States to the diplomatic status of the representatives whose appearance is demanded before the jurisdiction of the host country and wishes to have the advice of the Mission to the United States on the aforementioned demand of the judge as well as on the case in general. (Complimentary close). End text. KHALILZAD