Identifier
Created
Classification
Origin
09RABAT41
2009-01-15 18:30:00
CONFIDENTIAL
Embassy Rabat
Cable title:  

EMBASSY RECOMMENDS MARITIME INTELLIGENCE EXCHANGE

Tags:  SNAR MOPS PHSA PINR PREL KCRM KTIA MO 
pdf how-to read a cable
VZCZCXYZ0013
RR RUEHWEB

DE RUEHRB #0041/01 0151830
ZNY CCCCC ZZH
R 151830Z JAN 09
FM AMEMBASSY RABAT
TO RUEHC/SECSTATE WASHDC 9541
INFO RUEHLI/AMEMBASSY LISBON 1233
RUEHMD/AMEMBASSY MADRID 6081
RUEHFR/AMEMBASSY PARIS 5149
RUEHCL/AMCONSUL CASABLANCA 4455
RHMFISS/HQ USAFRICOM STUTTGART GE
C O N F I D E N T I A L RABAT 000041 

SIPDIS

STATE FOR INL, INR, L AND NEA/MAG
PARIS AND MADRID ALSO FOR DEA

E.O. 12958: DECL: 01/14/2029
TAGS: SNAR MOPS PHSA PINR PREL KCRM KTIA MO
SUBJECT: EMBASSY RECOMMENDS MARITIME INTELLIGENCE EXCHANGE
AGREEMENT WITH MOROCCO

Classified By: DCM Robert P. Jackson for reasons 1.4 (b),(c) and (d).

C O N F I D E N T I A L RABAT 000041

SIPDIS

STATE FOR INL, INR, L AND NEA/MAG
PARIS AND MADRID ALSO FOR DEA

E.O. 12958: DECL: 01/14/2029
TAGS: SNAR MOPS PHSA PINR PREL KCRM KTIA MO
SUBJECT: EMBASSY RECOMMENDS MARITIME INTELLIGENCE EXCHANGE
AGREEMENT WITH MOROCCO

Classified By: DCM Robert P. Jackson for reasons 1.4 (b),(c) and (d).


1. (C) Summary: This is an action request. Please see para

6. Embassy recommends development of an agreement between
the United States Government (USG) and the Government of
Morocco (GOM) authorizing the USG to pass "real world, real
time" detection and monitoring (D and M) intelligence to the
GOM for use in law enforcement operations at sea. End
summary.


2. (C) The Royal Moroccan Navy (RMN) has requested this
capability to assist the GOM with its efforts to combat
narcotics and human trafficking as well as smuggling. The
request came after the RMN's successful participation in
Phoenix Express 2008 in April 2008. The maritime partnership
between the USG and GOM has progressively improved over the
years through cooperation, joint exercises and training.
During recent consultations, GOM officials expressed an
interest in moving beyond training towards carrying out "real
world" missions with U.S. intelligence assistance to improve
maritime governance in Morocco's national waters.


3. (C) The RMN has requested U.S. assistance in monitoring
and identifying "contacts of interest" (COIs) in Moroccan and
international waters. According to the GOM, hundreds of
small fishing and pleasure craft are involved in smuggling
and trafficking. While the GOM possesses patrol boats
capable of intercepting COIs, it lacks sensors and
intelligence to conduct effective D and M operations against
these small craft.


4. (C) To combat this scourge, Embassy proposes intelligence
transfer operations be undertaken within the parameters of
several existing international agreements to include: the
United Nations (UN) Convention Against the Illicit Traffic in
Narcotics Drugs and Psychotropic Substances (1988),UN
Convention for the Suppression of Unlawful Acts Against the
Safety of Maritime Navigation (1988),and the UN Convention

Against Transnational Organized Crime (2000). All operations
would be conducted in a manner consistent with the laws,
regulations, and policies of the USG and GOM and the UN
Convention on the Law of the Sea (1982).


5. (C) The proposed agreement would contribute to building a
sustainable maritime law enforcement capacity in Morocco
capable of stopping narco-trafficking, smuggling and illegal
migration, as well as maintaining sustainable fishing stocks.


6. (C) Action Request: The Embassy recommends an exchange
of diplomatic notes to constitute the agreement, which might
contain the below attached provisions. Please advise
concurrence.


7. (SBU) Begin Text of Diplomatic Note: The Embassy of the
United States of America presents its compliments to the
Ministry of Foreign Affairs and Cooperation of the Kingdom of
Morocco and has the honor to refer to intelligence transfer
to combat narcotics, weapons and human trafficking and
smuggling.

Uniformed officers of the Royal Moroccan Navy (hereafter,
&the embarked officers8) may be embarked in selected United
States Navy vessels or aircraft, or other vessels and
aircraft under the tactical control of the armed forces of
the United States and used for the time being on government
non-commercial service (hereafter, &Patrol Craft8). When
embarked, the United States shall facilitate regular
communications between the embarked officers and their
headquarters in Rabat.

The embarked officers shall be empowered to grant U.S. Patrol
Craft, on behalf of the Government of the Kingdom of Morocco,
authority to enter the Morocco territorial airspace or sea
and archipelagic waters to obtain and transmit information to:

(a) direct Moroccan Navy assets to stop, board, and search
vessels suspected of violating Morocco laws or regulations;

(b) direct Moroccan Navy assets in the performance of
fisheries surveillance and law enforcement activities in the
Exclusive Economic Zone of the Kingdom of Morocco, to include
the stopping, inspecting, detaining, directing to port and
seizing of fishing vessels in accordance with the national
laws and regulations of the Kingdom of Morocco;

(c) direct Moroccan Navy assets to stop, board, and search
vessels located seaward of any State,s territorial sea and
claiming registry or nationality in the Kingdom of Morocco
for the enforcement of applicable laws and regulations of the
Kingdom of Morocco.

In all cases arising in waters subject to the jurisdiction of
Morocco, or concerning Morocco flag vessels seaward of any
nation,s territorial sea, the Government of the Kingdom of
Morocco shall have the right to exercise jurisdiction over a
detained vessel and/or persons on board (including seizure,
forfeiture, arrest, and prosecution),provided, however, that
the Government of the Kingdom of Morocco may, subject to its
Constitution and laws, waive its right to exercise
jurisdiction and authorize the enforcement of another
State,s law against the vessel and/or persons on board.

Assets seized as a result of any operation undertaken in
waters subject to Moroccan jurisdiction pursuant to the
proposed operations shall be disposed of in accordance with
the laws of the Kingdom of Morocco. Assets seized as a
result of any operation undertaken seaward of the territorial
sea of Morocco pursuant to the proposed operations shall be
disposed of in accordance with the laws of the Government
exercising jurisdiction. To the extent permitted by its laws
and upon such terms as it deems appropriate, one Government
may, in any case, transfer forfeited assets or proceeds of
their sale to the other Government.

The Embassy of the United States of America avails itself of
this opportunity to renew to the Ministry of Foreign Affairs
and Cooperation of the Kingdom of Morocco the assurances of
its highest consideration. End Text of Diplomatic Note.


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Riley