POUCH PROBLEM IN ASHGABAT

C O N F I D E N T I A L STATE 009696 SIPDIS E.O. 12958: DECL: 02/03/2019 TAGS: ADPM AMGT PREL TX SUBJECT: POUCH PROBLEM IN ASHGABAT REF: ASHGABAT 152 Classified By: Deputy Assistant Secretary George Krol, for reasons 1.4 (b) and (d). ¶1. (C) In response to posts reporting (reftel) that the new Chief of Airport Customs has requested a diplomatic note in order to release each diplomatic pouch on arrival in country, post is authorized to transmit the text in paragraph 2 by diplomatic note to the Ministry of Foreign Affairs. Post may use its discretion to determine the appropriate timing for transmitting the diplomatic note should this issue remain unresolved. ¶2. (U) Text of the diplomatic note: The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs of Turkmenistan and has the honor to refer to the request of Customs officials at the Ashgabat Airport that the Embassy transmit a Note to the Ministry of Foreign Affairs regarding the diplomatic bag before it will release of the diplomatic bag to a representative of the Embassy. As the Ministry is aware, the treatment to be accorded a diplomatic bag is governed by international law. Specifically, Article 27(3) of the Vienna Convention on Diplomatic Relations prohibits a receiving state from opening or detaining the diplomatic bag. The Customs officials' action, in not immediately releasing the diplomatic bag upon its arrival, constitutes a detention of the bag inconsistent with the Vienna Convention on Diplomatic Relations. The Embassy reminds the Ministry that the treatment to be accorded the diplomatic bag is a vital component of the receiving state's duty to protect the free communication of the mission and to accord the Embassy "full facilities for the performance of the functions of the mission." Vienna Convention on Diplomatic Relations, Art. 27(1) & 25. In addition, the Ministry itself has not advised the Embassy of any new procedures regarding the diplomatic bag (such as those insisted upon by Customs officials) and upon investigation the Embassy has learned that other missions have not been faced with similar requests. The Embassy reminds the Ministry of the receiving state's obligation not to discriminate between states. Vienna Convention on Diplomatic Relations, Art. 47. Finally, the Embassy assures the Ministry that the United States Government, as a receiving state, imposes no obligations on sending states, including the Government of Turkmenistan, that in any way burden the vital right of sending states to communicate with their missions by use of the diplomatic bag. The Embassy thus requests assurances that the Ministry will strictly observe the Vienna Convention on Diplomatic Relations requirements with regard to the diplomatic bag, including especially the prohibition against its detention. The Embassy of the United States of America avails itself of this opportunity to renew to the Ministry of Foreign Affairs of Turkmenistan the assurances of its highest consideration. End text. CLINTON