QUAD DEMARCHE ON GEORGIAN SHIP SEIZURES

UNCLAS STATE 094922 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PINR PGOV PREL GG RS SUBJECT: QUAD DEMARCHE ON GEORGIAN SHIP SEIZURES ¶1. (U) This is an action request. Please see paragraph 2. ¶2. (SBU) Summary and Action Request: Recent ship seizures by Georgian authorities in international waters off the coast of Abkhazia have provoked strong rhetoric from both Russian and Abkhaz de-facto officials. Quad members (U.S., France, Germany, and the UK),while not yet in total agreement on the legal issues surrounding the interdictions, all agree that Georgia's actions are legally highly questionable as well as that further actions of this nature by Georgia could destabilize the region. Tbilisi is requested to deliver the points in paragraph 3 at the Ambassadorial or Charge level, together with your Quad counterparts, before COB September ¶16. Moscow is requested to deliver the points in paragraph 4 at an appropriate level, also in conjunction with Quad counterparts, no later than COB September 16. Quad members have all approved the following language. ¶3. (SBU) BEGIN POINTS FOR EMBASSY TBILISI -- Expressly reiterate support for Georgia's sovereignty and territorial integrity within its internationally recognized borders. -- Express concern about Georgia's recent actions in arresting in international waters non-Georgian flag ships that are coming from or heading for ports in the Georgian region of Abkhazia. -- According to our evaluation the legal grounds for the Georgian practice are highly questionable. We have very serious doubts regarding the seizure of foreign-flag vessels in international waters on the bases cited by Georgia. -- More importantly, and apart from the legal situation, we consider the Georgian actions to be politically problematic and have the potential for escalation. The actions have already provoked strong rhetoric from the Russian and the Abkhaz side, and may provoke responses that lead to renewed military confrontation, destabilize the region and prove highly detrimental to international efforts of conflict settlement. Legal action taken against crew members of these ships has also endangered Georgia's relationships with some of its international supporters. -- Express relief that the previous cases did not provoke violent incidents, but urge Georgia strongly to refrain from such actions in the future and discuss the problem within the international fora established for the conflict ) especially in the framework of the Geneva talks - as well as within the Incidents Prevention and Response Mechanism. -- We continue to recognize Georgia's rights as an independent and sovereign state. We underscore our continued support for Georgia's territorial integrity. -- We offer our support and expertise to Georgia in order to find solutions to the many serious practical problems which arise from the difficult political environment. END POINTS ¶4. (SBU) BEGIN POINTS FOR EMBASSY MOSCOW -- Express concern at the potentially dangerous developments regarding the arrest of ships in the Black Sea that come from or are heading towards Abkhaz ports. -- We consider that this situation has a high potential for political escalation that could further destabilize the region. -- We are urging all parties, including the Russian Federation, to exercise restraint and discuss the matter within the international fora established for the conflict - especially Geneva - as well as within the Incidents Prevention and Response Mechanism. -- Encourage you to use your influence with the Abkhaz side to urge calm. -- We are also bringing our concerns directly to the attention of Georgian authorities regarding the importance of observing the provisions of international maritime law and the need to avoid action that might prove highly detrimental to regional stability and international efforts of conflict settlement. END POINTS CLINTON