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