Identifier
Created
Classification
Origin
09KUWAIT1139
2009-12-03 13:52:00
CONFIDENTIAL
Embassy Kuwait
Cable title:  

KUWAIT'S RESPONSE TO DRAFT CEIP MOU

Tags:  ENRG EPET PTER KCIP ECON KU 
pdf how-to read a cable
VZCZCXRO6504
PP RUEHDE RUEHDH RUEHDIR
DE RUEHKU #1139 3371352
ZNY CCCCC ZZH
P 031352Z DEC 09
FM AMEMBASSY KUWAIT
TO RUEHC/SECSTATE WASHDC PRIORITY 4260
INFO RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RHEBAAA/DEPT OF ENERGY WASHDC PRIORITY
C O N F I D E N T I A L KUWAIT 001139 

SIPDIS

STATE FOR NEA/ARP AND S/CT KURSCH
ENERGY FOR DAS HEGBURG AND GINA ERICKSON

E.O. 12958: DECL: 12/03/2019
TAGS: ENRG EPET PTER KCIP ECON KU
SUBJECT: KUWAIT'S RESPONSE TO DRAFT CEIP MOU

REF: A. KUWAIT 960

B. STATE 97430

C. KUWAIT 624

D. KUWAIT 541

E. KUWAIT 32

F. 08 STATE 126863

Classified By: Economic Counselor Oliver B. John for reasons 1.4 (b & d
).

C O N F I D E N T I A L KUWAIT 001139

SIPDIS

STATE FOR NEA/ARP AND S/CT KURSCH
ENERGY FOR DAS HEGBURG AND GINA ERICKSON

E.O. 12958: DECL: 12/03/2019
TAGS: ENRG EPET PTER KCIP ECON KU
SUBJECT: KUWAIT'S RESPONSE TO DRAFT CEIP MOU

REF: A. KUWAIT 960

B. STATE 97430

C. KUWAIT 624

D. KUWAIT 541

E. KUWAIT 32

F. 08 STATE 126863

Classified By: Economic Counselor Oliver B. John for reasons 1.4 (b & d
).


1. (U) This is an action request. Please see para 5.


2. (C) Econcouns met with Kuwait National Security Bureau
Director of International Relations Sheikh Fawaz Al-Sabah on
December 3 to discuss the draft CEIP MOU. Sheikh Fawaz
handed Econcouns English and Arabic draft copies of the MOU
with GoK revisions, which he described as MFA requirements.
Post has e-mailed the Kuwaiti drafts to NEA/ARP and S/CT.


3. (C) There are three substantive changes.

-- In Article 8, the Kuwaitis removed all specific references
to costs. The Kuwaiti revision reads "Each participant is to
be responsible for the costs of its participation in the
Joint Working Group." Sheikh Fawaz explained that the GoK
did not want a more detailed presentation, because this would
require a "special agreement" and parliamentary approval.
The current formulation would just require cabinet
ratification. Econcouns stressed that the GoK would still
need to fund specific projects. Sheikh Fawaz agreed, saying
that these would be dealt with through specific project
agreements, which would need budgetary authorization from
Parliament.

-- In Article 9, the Kuwaiti text reads "this Memorandum of
Understanding shall enter into force from the date of
receiving the last notification whereby one of the Parties
informs the other in writing through diplomatic channels that
it has satisfied the constitutional procedures for its entry
into force." Sheikh Fawaz explained that the GoK was
constitutionally prohibited from entering into international
agreements on signature only. He cited Article 70 of the
constitution, but stressed that the cabinet could ratify this
agreement. (Note: Article 70 which states that the "Amir
shall conclude treaties by decree and shall transmit them
immediately to the National Assembly with the appropriate
statement. A treaty shall have the force of law after it is
signed, ratified and published in the Official Gazette." The
article further notes that treaties that entail additional
expenditure not provided for in the budget "shall come into
force only when made by a law."

-- In Article 9, the Kuwaitis have changed the duration of
the MOU to three years and provide for automatic renewal.


4. (SBU) There are some stylistic changes. The GoK has
changed Section to Article and wants to ensure that "The
State of Kuwait" is used throughout rather than "Kuwait."


5. (C) Action Request: Sheikh Fawaz stressed his interest in
moving to signature as rapidly as possible. He stated that
he would contact the MFA to determine who would have
signatory authority for the GoK, though he speculated that it
would probably be the Minister of Oil or the Head of the
Higher Coordination Committee for Protecting Critical Energy
Infrastructure. He suggested that -- should the USG have
problems with suggested GoK changes -- we arrange for direct
contact between the key parties (particularly the lawyers in
the MFA),either by videoconference or having a U.S.
delegation visit Kuwait. Deputy Secretary of Energy Poneman
will be meeting with Kuwait's National Security Bureau on
December 6. If possible, post would appreciate any initial
thoughts on the revision in advance of that meeting. End
action request.

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For more reporting from Embassy Kuwait, visit:
visit Kuwait's Classified Website at:

http://www.intelink.sgov.gov/wiki/Portal:Kuwa it
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WILLIAMS