KAZAKHSTAN: MFA DIPNOTE ON NOAA CONTRACT EMPLOYEE

UNCLAS ASTANA 002061 SENSITIVE SIPDIS STATE FOR SCA/CEN, L, OES, SCA/EX, DS/IP/SCA, DS/ISI/CI STATE PASS TO NOAA E.O. 12958: N/A TAGS: PGOV PREL SENV KZ SUBJECT: KAZAKHSTAN: MFA DIPNOTE ON NOAA CONTRACT EMPLOYEE REFTEL: ASTANA 1504 ¶1. (U) This is an action request. Please see paragraph 5. ¶2. (U) Sensitive but unclassified. Not for public Internet. ¶3. (SBU) Embassy Astana has received the following diplomatic note from the Ministry of Foreign Affairs concerning the status of Mamilov, alledged to be a contract employee for the National Oceanic and Atmospherics Administration and who was arrested recently for taking air samples. Following is the text of the note (informal translation). ¶4. (SBU) Diplomatic Note of the Ministry of Foreign Affairs of Kazakhstan No. 13/11853 dated 11/16/2009: The Ministry of Foreign Affairs in response to Note No. 0631/09, dated September 3, 2009, informs the Embassy that the national security service launched a criminal case No. 09751704110143 against Mr. A. Mamilov on suspicion that he committed a crime in accordance with Article 325 Part 3 of the Criminal Code. In this connection, the Embassy car's license plate and its logbook can only be returned after the investigation of this case is completed. Mr. Mamilov informed the investigators that he had not participated in any Embassy's projects or been its employee. However, according to the Embassy's Note No. 0631/09, dated September 3, 2009, Mr. Mamilov had worked on a project in the Embassy for a long time and had driven a car in official capacity. Taking all the above into account, investigators need additional information, namely: - Was Mamilov an employee of the Embassy? If so, when did he start working and which staff category did he belong to (administrative, service, other)? What were his responsibilities? - Which project did he work on, how long, and in what position? - Did the Embassy contract Mamilov to do any research projects? If so, please indicate signing and completion dates of the contract. - How were payments made to Mamilov? Please indicate the currency and accounts in Kazakhstani and foreign banks. The Ministry also requests that the Embassy provide proof of the above issues. End Dipnote ¶5. (SBU) ACTION REQUEST: REFTEL sought Department guidance on authorizing the NOAA program. In the meantime, our ESTH officer has begun work with KazHydroMet to determine the best way forward on a cooperative agreement. We have not permitted additional sampling by Mr. Mamilov given the uncertainties about his status and the program's future. We do not have NOAA confirmation on whether Mr. Mamilov remains an agency contractor. The Embassy's Regional Security Office has already passed copies of the purchase order contract and security certification to the Kazakhstani Committee for National Security. Post will also pass copies of these documents to the MFA. It will be helpful if NOAA can provide additional answers and documentation. Post believes that efforts to establish a cooperative agreement between NOAA and Kazakhstan will be delayed until the Government of Kazakhstan receives satisfactory answers to these questions. Post requests Department guidance on Mr. Mamilov's status, NOAA plans for obtaining Kazakhstani agreement to continue its program, and guidance on a response to the MFA diplomatic note. SPRATLEN