KAZAKHSTAN SEEKS NEW OVERFLIGHT AGREEMENT

S E C R E T SECTION 01 OF 02 ASTANA 002272

NOFORN
SIPDIS

STATE FOR SCA/CEN, S/SRAP, EUR/RUS, PM
NSC FOR JOYCE CONNERY

E.O. 12958: 12/31/2029
TAGS: PGOV PREL PINR MARR AF RS UZ KZ
SUBJECT: KAZAKHSTAN SEEKS NEW OVERFLIGHT AGREEMENT

Classified By: Ambassador Richard E. Hoagland: 1.4 (A),(B),(D)

REFTEL: ASTANA 2204


1. (S/NF) SUMMARY: On December 30, the Ambassador and Deputy
Foreign Minister Kairat Umarov met again to discuss outstanding U.S.
requests to amend the 2001 overflight and 2009 Northern Distribution
Network (NDN) agreements (reftel). Umarov told the Ambassador that
Kazakhstani government agencies are still reviewing the U.S. request
to add a north-south overflight route to the 2001 Memorandum of
Understanding (MOU) on overflights in support of Operation Enduring
Freedom. He added that they are now considering whether the July
U.S.-Russia agreement on overflights might be adapted as a model for
a new agreement to permit the north-south route. Expressing his hope
to provide an interagency response by early January, Umarov
emphasized that moving quickly to resolution is his highest priority.
END SUMMARY.

KAZAKHSTAN STILL WORRIED ABOUT LETHAL OVERFLIGHTS...


2. (S/NF) In his December 30 meeting with Deputy Foreign Minister
Kairat Umarov, the Ambassador followed up on Umarov's December 22
requests, by providing releasable information on the U.S. overflight
and Northern Distribution Network (NDN) agreements with Russia,
Kyrgyzstan, Tajikistan, and Uzbekistan (reftel). Umarov thanked the
Ambassador for the information. Emphasizing the government of
Kazakhstan's continued concern about lethal cargo on overflights, he
questioned the Ambassador closely about the inclusion of "lethal
cargo" in these U.S. agreements. The Ambassador reiterated that the
transportation of "hazardous cargo" is explicitly listed in the
existing, ratified agreement, and that thousands of overflights have
occurred without incident. Umarov took the point, and did not raise
further concerns about "lethal cargo."

NORTHERN DISTRIBUTION NETWORK: WHEELED VEHICLES AND FEES


3. (S/NF) In relation to the Northern Distribution Network, MFA
Americas Director Askar Tazhiyev asked about fees paid by the U.S.
Government. The Ambassador replied that the NDN operates purely as a
commercial operation, noting that the commercial operators are
responsible for paying whatever customs and transit fees might be
required. Tazhiyev also queried the Ambassador about U.S. plans for
the surface transit of wheeled armored vehicles for transporting
troops (MATVs),including whether they would enter Kazakhstan via
Russia and/or Baku, and whether the United States had initiated
discussions, and secured permission, to ship them through Uzbekistan.
Umarov explained that the MFA must be able to explain the
implementation of this request in case questions arise during
Kazakhstan's interagency consultation process. Umarov and Tazhiyev
appeared concerned the MATVs would stack up in Kazakhstan if
Uzbekistan decided not to permit the vehicles to transit via the NDN.

AGREEMENT MUST BE RATIFIED, BUT MFA WILL HELP TO EXPEDITE


4. (S/NF) Umarov told the Ambassador that Kazakhstan had already
obtained the July U.S.-Russia agreement on overflights from Moscow,
and will have a Kazakhstani interagency-approved draft agreement
ready in early January. Umarov asserted Kazakhstani legal experts
have concluded definitively the necessity of a new agreement. When
the Ambassador reiterated this agreement's urgency to enhance
Afghanistan's stability, Umarov promised that the MFA would do
everything possible to accelerate the process. The Ambassador
reiterated his December 22 request that the agreement at least enter
into force upon signature, but Umarov argued that Kazakhstani law
requires that it must first be ratified by Parliament. According to
Umarov, the MFA had to "jump through a lot of hoops" to get the 2001
overflight agreement ratified, and this year the MFA hopes "to do it
right."

"LET'S GET IT RIGHT, FROM THE BEGINNING"


5. (S/NF) Umarov recommended that the new agreement include a clause

ASTANA 00002272 002 OF 002


allowing future amendments without re-ratification, if legally
possible. Umarov said he intends to work this issue intensively,
even over the Jan 1-4 New Year holiday. He stated that the deeper
his involvement, the more convinced he becomes that it is necessary
to "handle the issues correctly, right from the beginning." Umarov
added that the new overflight agreement could either take the form of
an agreement or a memorandum of understanding from the Kazakhstani
legal perspective.


6. (S/NF) COMMENT: Umarov appeared satisfied by the answers to
Kazakhstan's previous questions (reftel),and raised no new concerns.
Embassy Astana will continue to place highest priority on achieving
our overflight and NDN goals, and will follow up with the MFA within
the next week to respond to any additional questions that arise
during Kazakhstan's inter-agency review. END COMMENT.

HOAGLAND