Identifier
Created
Classification
Origin
09STATE29201
2009-03-26 17:11:00
SECRET
Secretary of State
Cable title:  

JOINT US-UK-FRANCE DEMARCHE TO MALAYSIA ON BANK

Tags:  EFIN ETTC KNNP IR UK XB XC MY 
pdf how-to read a cable
VZCZCXRO1067
OO RUEHAG RUEHBC RUEHDE RUEHDIR RUEHKUK RUEHROV
DE RUEHC #9201/01 0851729
ZNY SSSSS ZZH
O 261711Z MAR 09
FM SECSTATE WASHDC
TO RUEHKL/AMEMBASSY KUALA LUMPUR IMMEDIATE 1290
RUEHLO/AMEMBASSY LONDON IMMEDIATE 3068
RUEHFR/AMEMBASSY PARIS IMMEDIATE 3610
INFO EU MEMBER STATES COLLECTIVE IMMEDIATE
IRAN COLLECTIVE IMMEDIATE
S E C R E T SECTION 01 OF 03 STATE 029201 

SIPDIS

E.O. 12958: DECL: 03/25/2019
TAGS: EFIN ETTC KNNP IR UK XB XC MY
SUBJECT: JOINT US-UK-FRANCE DEMARCHE TO MALAYSIA ON BANK
MELLAT

REF: PARIS 331

Classified By: ISN Acting A/S Eliot Kang, for reasons 1.4 (b) and (d).

S E C R E T SECTION 01 OF 03 STATE 029201

SIPDIS

E.O. 12958: DECL: 03/25/2019
TAGS: EFIN ETTC KNNP IR UK XB XC MY
SUBJECT: JOINT US-UK-FRANCE DEMARCHE TO MALAYSIA ON BANK
MELLAT

REF: PARIS 331

Classified By: ISN Acting A/S Eliot Kang, for reasons 1.4 (b) and (d).


1. (U) This is an action request. Please see paragraph 3.

--------------
SUMMARY/BACKGROUND
--------------


2. (C) The UK and France share U.S. concerns that the opening
of a subsidiary of Iran's state-owned Bank Mellat in
Malaysia's Labuan Offshore Financial Center could allow Iran
to facilitate proliferation-related payments through the
subsidiary bank. We would like to participate in a UK- or
French-led joint demarche to the GOM, and provide a
non-paper, releasable to the UK, France, and Malaysia, on
Bank Mellat's proliferation-related activities, in order to
show a united position against allowing this subsidiary
branch to open.

--------------
OBJECTIVES/ACTION REQUEST
--------------


3. (C) Washington requests embassies pursue the following
objectives:

FOR EMBASSY KUALA LUMPUR ONLY:

-- Participate in a joint demarche to the GOM with the UK and
France warning against the establishment of a Bank Mellat
subsidiary in Labuan.

-- Underscore to the GOM that the U.S. shares the serious
concerns held by the UK and France with regard to the
establishment of a Bank Mellat subsidiary in Labuan.

-- Deliver the non-paper in paragraph 4 on Bank Mellat's
proliferation-related activities.

-- Remind the GOM that Bank Mellat and all of its offices
worldwide have been designated by the U.S. under Executive
Order (E.O.) 13382 and may be designated by the EU. The
proposed Labuan-based subsidiary of Bank Mellat would
therefore likely be subject to sanctions by the United States
under this same order. U.S. sanctions against a
Malaysian-based Iranian-owned financial institution would
draw unfavorable international attention to Malaysia's
financial sector.

-- Urge GOM to heed the call of UNSCR 1803, adopted on March
4, 2008, which "(c)alls on all states to exercise vigilance
over the activities of financial institutions in their
territories with all banks domiciled in Iran, in particular

with Bank Melli and Bank Saderat, and their branches and
subsidiaries abroad, in order to avoid such activities
contributing to the proliferation sensitive nuclear
activities, or to the development of nuclear weapons delivery
systems, as referred to in UNSCR 1737 (2006)."

-- Urge the GOM to consider the February 25, 2009 statement
of the Financial Action Task Force. The statement highlights
Iran's lack of adequate anti-money laundering and counter
financing of terrorism controls and calls upon jurisdictions
to, "protect against correspondent relationships being used
to bypass or evade counter-measures and risk mitigation
practices, and take into account money laundering/financing
of terrorism risks when considering requests by Iranian
financial institutions to open branches and subsidiaries in
their jurisdiction."


FOR EMBASSIES LONDON AND PARIS:

-- Convey to appropriate host government officials in the
foreign affairs ministry of our participation in the joint
approach with the UK and France in Kuala Lumpur warning
against the establishment of a Bank Mellat subsidiary in
Labuan.

-- Note that the United States in the joint demarche setting
will share information with the government of Malaysia (GOM)
on Bank Mellat's proliferation-related activities.

STATE 00029201 002 OF 003


-- Note that we are directing our Embassy in Kuala Lumpur to
participate in the joint demarche with the UK and France to
the GOM Ministry of Foreign Affairs.

--------------
NONPAPER ON BANK MELLAT PROLIFERATION
--------------


4. BEGIN TEXT OF S//REL MYS, GBR, AND FRA NONPAPER ON BANK
MELLAT.

-- The U.S. has information indicating that Bank Mellat
provided financial services in support of Iran's nuclear
industry, namely the Atomic Energy Organization of Iran
"AEOI", by servicing and maintaining AEOI bank accounts,
mainly through an AEOI front company, the Novin Energy
Company. Bank Mellat has facilitated the movement of
millions of dollars for Iran's nuclear program.

-- Novin Energy Company acted as a financial conduit for
AOEI, having moved millions of dollars on its behalf since
its creation in 2001. In addition, AOEI's President is also
the Managing Director of Novin Energy Company.

-- Bank Mellat facilitated millions of dollars in business
for Novin Energy Company.

-- In addition, as of 2006, a suspected Iranian nuclear
procurer associated with Kalaye Electric Company conducted
business with Bank Mellat.

-- Kalaye Electric Company, which was listed in the Annex to
UN Security Council Resolution 1737 on December 23, 2006, is
an Iranian centrifuge research and design entity and is
subordinate to AEOI.

Bank Mellat Dealings with other WMD Proliferation Entities of
Concern

-- More recently, Bank Mellat has become further involved in
facilitating millions of dollars in business involving Iran's
Aerospace Industries Organization ("AIO").

-- AIO oversees Shahid Hemmat Industries Group (SHIG) and
Shahid Bakeri Industrial Group (SBIG),which are involved in
Iran's ballistic missile program and are designated in the
Annex of UN Security Council Resolution 1737.

-- In mid-2007, Bank Mellat was involved with Bank Sepah in
facilitating millions of dollars in business with AIO.

-- Bank Sepah is designated in the Annex of UN Security
Council Resolution 1747.

-- In mid-2007, an Iranian entity, associated with its
missile industry, suggested that China Precision Machinery
Import Export Corporation, an entity designated under U.S.
Executive Order 13382 for providing material support to
Iran's missile program, used Bank Mellat to finance purchases
associated with the contract for missile-related goods.

Bank Mellat's Continued Role in Iran's Proliferation Finance
Network

-- We have information that Bank Mellat continues to provide
financial services on behalf of entities that have been
identified by either the UN or the U.S. as facilitators of
proliferation or terrorism. Some examples of Bank Mellat's
efforts include the following:

-- In late 2007, subsequent to the UN Security Council
listing of Bank Sepah, Bank Sepah's Rome branch handled
letters of credit for the Singapore branch of the Sanpaolo
IMI SpA bank, worth approximately $500,000. The letters of
credit were for Bank Mellat Tehran.

-- We also have information that Bank Mellat has conducted
activity for front companies and subordinates of designated
entities. Examples of this activity include the following:

-- In early 2008, a Bank Mellat branch was the consignee for
a shipment of defense-related goods to a company we believe
was acting as a front for Iran's Defense Industries
Organization (DIO).

-- In late 2007, Bank Mellat Seoul was involved with a
payment intended for a designated entity from an Iranian
company.

STATE 00029201 003 OF 003


END MYS, GBR, FRA, ITA NONPAPER


The following points can only be transmitted verbally to
Malaysia, the United Kingdom, and France:

-- During 2008, Bank Sepah used Bank Mellat to facilitate
millions of Euros in payments to Iran's AIO.

-- During 2008, AIO paid several million Euros to companies
in Europe and Asia using Bank Mellat.

-- We urge you, consistent with UNSCR 1803, which "calls on
all member states to exercise vigilance over the financial
activities of banks in their territories with all banks
domiciled in Iran, and their branches and subsidiaries
abroad," to revoke Bank Mellat's license to operate in Labuan
and block any pending transactions to prevent the possibility
or proliferation-related activity from taking place.

-- We look forward to working with you on this and other
related security and counter-proliferation matters, and are
prepared to provide additional assistance as appropriate.


--------------
REPORTING DEADLINE
--------------


5. (U) Post should report results within seven business days
of receipt of this cable. Please slug replies for ISN, T,
EAP, EUR, TREASURY, and NEA. Please use the caption SIPDIS
in all replies.

--------------
POINT OF CONTACT
--------------


6. (U) Washington point of contact for follow-up information
is Jennifer Chalmers, ISN/CPI, (202) 647-9715 and Dan
Bischof, EAP/MTS, (202) 647-4932.


7. (U) Department thanks Post for its assistance.
CLINTON