UNCLAS SECTION 01 OF 02 MONTREAL 000080

SENSITIVE
SIPDIS

STATE FOR D, EAP, IO, EEB, AND L/EB
DOT FOR OST, FAA FOR API-1 AND USPACCOM FOR CMDR
EMBASSIES FOR CIVAIR OFFICERS

E.O. 12958: N/A
TAGS: EAIR KS KN IC ICAO
SUBJECT: ICAO COUNCIL CAUTIONS DPRK ON CIVAIR SAFETY AND SECURITY,
MARCH 9, 2009

REF: SEOUL 357 (NOTAL)


1. (SBU) Summary. On March 9, 2009 the International Civil
Aviation Organization (ICAO) Council, which is the governing
body constituted of 36 representatives of ICAO Contracting
States from all regions of the world, discussed the DPRK
announcement that North Korea cannot guarantee the safety of
South Korean flights transiting No Korean - controlled airspace
and other DPRK actions that pose a threat to global aviation
security. The ROKG's newly arrived Council Representative,
Ambassador Chong Hoon KIM raised several points with the Council
and the Council President at the 9 March 2009 Council meeting,
noting that the authorities of the DPRK, the Committee for the
Peaceful Reunification of Korea, had declared that quote safety
could not be guaranteed for the Republic of Korea's civilian
airplanes flying through the airspace of the DPRK and its
vicinity - end DPRK quote. Ambassador Kim said this
announcement constitutes an unacceptable threat to the safety
and security of international civil aviation. He added that the
Republic of Korea expresses its deep concern on the DPRK's
announcement and requests the DPRK to withdraw the declaration.
Kim said the DPRK, as a Contracting State of ICAO, should act
strictly in accordance with the Chicago Convention, its Annexes
and its procedures. Ambassador Kim noted that DPRK actions
violate the terms of a Memo of Understanding signed between the
two Koreas and the President of ICAO Council in October 1997
which permits the use by any State of air routes between
DPRK-controlled airspace and ROKG-controlled airspace. That MOU
had enabled 5260 flights to pass through DPRK's territorial
airspace last year and in period January-February 2009, 1020
flights have used the airspace, of which 463 were flights from
the ROKG and 557 from other States. The DPRK's recent actions
had obliged carriers from many ICAO Contracting States to
re-route flights. Finally, as these events have caused serious
concern for the international aviation community, the Republic
of Korea requested the ICAO Council to direct the President of

Council to convey the grave concern of the Council to the DPRK.
The US, Japan, and 26 other Council members all spoke in
support of the ROKG request. Discussion was held in open
Council session. The Council took a Decision relating to North
Korea and calling upon the DPRK to meet its commitment to the
safety and security of civil aircraft and other principles of
the International Civil Aviation Organization (ICAO). End
summary.




2. (SBU) The Acting US Rep stated in Council that: The U.S.
agrees that the DPRK announcement that North Korea cannot
guarantee the safety of South Korean flights transiting North
Korean-controlled airspace constitutes a clear threat to the
safety and security of international civil aviation and global
commerce.

--The DPRK actions are posing risk to the commercial carriers of
numerous States, many of which have been forced to re-route
flights.

--The DPRK statements have generated serious concern in the
international civil aviation community and call into question
North Korea's commitment to the safety and security of civil
aircraft and other principles of the International Civil
Aviation Organization.




3. (SBU) Other Council members expressed support for the ROKG
statement and for Ambassador Kim's request the Council
President, Roberto Kobeh, to convey the grave concern of the
ICAO Council as soon as possible to senior officials of the
ROKG. The 28 States supporting ROKG were US, Japan, Australia,

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Cameroon, Ecuador, Canada, Dominican Republic, Argentina,
Singapore, UAE, Saudi Arabia, UK, France, Germany, Italy,
Uganda, Russia, China, Namibia, Ghana, Mexico, Brazil, Malaysia,
Nigeria, El Salvador, Iceland, Switzerland and Egypt. Due to
the lateness of the day (the Korea topic was the last item of
session), President Kobeh cut off debate. Only Egypt made a
nuanced statement of support by noting with emphasis that it is
an obligation of ALL, repeat all, ICAO Contracting States to
respect the obligations of the Chicago Convention (ICAO's
founding treaty). Egypt's nuanced comment is effectively an
unspoken reference to Israel. There were no Council members who
spoke differently or expressed any reservations to the strong
consensus of the ICAO Council.




4. (SBU) The text of the Council decision (to be formalized in
all six ICAO languages in a few days) will be available as soon
as President Kobeh circulates a draft decision. Kobeh will
refine the DRAFT overnight. The Council Decision will be drawn
from the comments of Ambassador Kim, the Acting U.S.
Representative and the Japan Representative. USICAO will
distribute the Council decision as soon as it is received.
President Kobeh, assisted by the ICAO staff from the air
navigation and legal bureaus, is also completing the drafting of
correspondence to the DPRK. (The ICAO Council President's
correspondence is not disseminated to Council members. )




5. (SBU) On Friday, March 5, ICAO Council President Kobeh
and ICAO's Legal Director, together with Acting US Rep and
the Japan Rep, had advised and assisted the new Korean
Ambassador with the drafting of statements and the Council
Decision and the lobbying of other Council members to support
the ROKG.




6. Comments and feedback to US Mission to ICAO should be
addressed to AmConsul Montreal with a slug to pass USICAO. We
encourage messages be sent at SBU level to the extent possible-
because classified material is not accessible in the ICAO
building where US Mission is located.
FAUX-GABLE MCCLENNY