Identifier
Created
Classification
Origin
09BANGKOK501
2009-02-27 08:17:00
SECRET
Embassy Bangkok
Cable title:
M/V ANNE E: SLOW THAI PROGRESS ON SHIPMENT RECALL
how-toVZCZCXRO4415 PP RUEHCHI RUEHCN RUEHDT RUEHHM DE RUEHBK #0501 0580817 ZNY SSSSS ZZH P 270817Z FEB 09 FM AMEMBASSY BANGKOK TO RUEHC/SECSTATE WASHDC PRIORITY 6215 INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS PRIORITY RUEHAD/AMEMBASSY ABU DHABI PRIORITY 0361 RUEHBJ/AMEMBASSY BEIJING PRIORITY 6803 RUEHBY/AMEMBASSY CANBERRA PRIORITY 9462 RUEHUL/AMEMBASSY SEOUL PRIORITY 5295 RUEHKO/AMEMBASSY TOKYO PRIORITY 1411 RUEHCHI/AMCONSUL CHIANG MAI PRIORITY 6247 RUEHDE/AMCONSUL DUBAI PRIORITY 0122 RUEAIIA/CIA WASHINGTON DC PRIORITY RHEHNSC/NSC WASHDC PRIORITY
S E C R E T BANGKOK 000501
SIPDIS
STATE FOR ISN/CPI AND EAP/MLS, NSC FOR PHU
E.O. 12958: DECL: 02/27/2019
TAGS: KNNP MNUC PARM PGOV PREL TH KS
SUBJECT: M/V ANNE E: SLOW THAI PROGRESS ON SHIPMENT RECALL
REF: A. SECSTATE 16173
B. HINES-FELIPE E-MAIL OF 2/5/2009
C. 08 STATE 3743
D. 08 ABU DHABI 178 AND PREVIOUS
E. 08 SEOUL 1182
Classified By: POL Counselor George Kent, REASON 1.4 (B) AND (D)
S E C R E T BANGKOK 000501
SIPDIS
STATE FOR ISN/CPI AND EAP/MLS, NSC FOR PHU
E.O. 12958: DECL: 02/27/2019
TAGS: KNNP MNUC PARM PGOV PREL TH KS
SUBJECT: M/V ANNE E: SLOW THAI PROGRESS ON SHIPMENT RECALL
REF: A. SECSTATE 16173
B. HINES-FELIPE E-MAIL OF 2/5/2009
C. 08 STATE 3743
D. 08 ABU DHABI 178 AND PREVIOUS
E. 08 SEOUL 1182
Classified By: POL Counselor George Kent, REASON 1.4 (B) AND (D)
1. (S) On February 26, we delivered ref A non-paper regarding
the shipment of anhydrous hydrogen fluoride (AHF) that was
detained in Dubai and continues to be held in UAE custody to
MFA Peace, Security and Disarmament Division First Secretary
Chatvadee Orrattanachai. During the meeting, we emphasized
Thailand's obligations under UN Security Council Resolution
1737, inquired about the Thai legal authorities regarding
Waris Unitrary Corp,s false end-user information, and the
steps the RTG was taking to recall the AHF. We also
reiterated USG concerns about nuclear proliferation and the
high priority the USG places on this issue. We noted our
regular follow-up inquiries on the status of the AHF recall.
2. (S) Chatvadee responded that the RTG was continuing to
deal with the issue and would like to see it resolved, but
that that there continued to be significant legal and
logistical obstacles in the way. She said the RTG had told
the company, Waris Unitrary, to recall the shipment, but had
no legal authority to force it to do so. It was her
understanding that Waris was working on the RTG recall
request and was consulting with the South Korean company that
had originally made the shipment; Waris wanted to return the
shipment directly to South Korea and avoid Thailand
altogether. Chatvadee admitted that a major stumbling block
was that the South Korean company did not want to accept the
shipment back, and that Thai authorities did not want the
shipment to return to Thailand either. She assured us that
she would send an official note to Waris Unitary to inquire
as to the status of the recall.
3. (S) Chatvadee reiterated several times that the RTG had no
legal authority to compel Waris unitarily to recall the
cargo, and that the RTG had no authority to recall the cargo
itself. Chavadee said the MFA's understanding was that Waris
had broken Thai law only in that the company had not obtained
the license necessary to export the AHF, which was classified
as a hazardous material. She said the MFA was unaware of any
plans to file legal charges against the company for failing
to obtain the license. In the end, she said, Waris must act.
After Waris reached some accommodation with the South Korean
company, it must request a letter from the MFA to present to
UAE officials in order for the UAE to release the cargo to
back to the company. As yet, she said, the MFA had not
received such a letter request.
JOHN
SIPDIS
STATE FOR ISN/CPI AND EAP/MLS, NSC FOR PHU
E.O. 12958: DECL: 02/27/2019
TAGS: KNNP MNUC PARM PGOV PREL TH KS
SUBJECT: M/V ANNE E: SLOW THAI PROGRESS ON SHIPMENT RECALL
REF: A. SECSTATE 16173
B. HINES-FELIPE E-MAIL OF 2/5/2009
C. 08 STATE 3743
D. 08 ABU DHABI 178 AND PREVIOUS
E. 08 SEOUL 1182
Classified By: POL Counselor George Kent, REASON 1.4 (B) AND (D)
1. (S) On February 26, we delivered ref A non-paper regarding
the shipment of anhydrous hydrogen fluoride (AHF) that was
detained in Dubai and continues to be held in UAE custody to
MFA Peace, Security and Disarmament Division First Secretary
Chatvadee Orrattanachai. During the meeting, we emphasized
Thailand's obligations under UN Security Council Resolution
1737, inquired about the Thai legal authorities regarding
Waris Unitrary Corp,s false end-user information, and the
steps the RTG was taking to recall the AHF. We also
reiterated USG concerns about nuclear proliferation and the
high priority the USG places on this issue. We noted our
regular follow-up inquiries on the status of the AHF recall.
2. (S) Chatvadee responded that the RTG was continuing to
deal with the issue and would like to see it resolved, but
that that there continued to be significant legal and
logistical obstacles in the way. She said the RTG had told
the company, Waris Unitrary, to recall the shipment, but had
no legal authority to force it to do so. It was her
understanding that Waris was working on the RTG recall
request and was consulting with the South Korean company that
had originally made the shipment; Waris wanted to return the
shipment directly to South Korea and avoid Thailand
altogether. Chatvadee admitted that a major stumbling block
was that the South Korean company did not want to accept the
shipment back, and that Thai authorities did not want the
shipment to return to Thailand either. She assured us that
she would send an official note to Waris Unitary to inquire
as to the status of the recall.
3. (S) Chatvadee reiterated several times that the RTG had no
legal authority to compel Waris unitarily to recall the
cargo, and that the RTG had no authority to recall the cargo
itself. Chavadee said the MFA's understanding was that Waris
had broken Thai law only in that the company had not obtained
the license necessary to export the AHF, which was classified
as a hazardous material. She said the MFA was unaware of any
plans to file legal charges against the company for failing
to obtain the license. In the end, she said, Waris must act.
After Waris reached some accommodation with the South Korean
company, it must request a letter from the MFA to present to
UAE officials in order for the UAE to release the cargo to
back to the company. As yet, she said, the MFA had not
received such a letter request.
JOHN