Identifier
Created
Classification
Origin
09TRIPOLI599
2009-07-27 16:34:00
SECRET//NOFORN
Embassy Tripoli
Cable title:  

MOVING FORWARD ON THE BILATERAL AGENDA WITH LIBYA

Tags:  PREL PGOV PHUM CVIS ABLD ETRD MASS PARM UNGA LY 
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RUEHLA RUEHMR RUEHNP RUEHPA RUEHRN RUEHROV RUEHSL
DE RUEHTRO #0599/01 2081634
ZNY SSSSS ZZH
P R 271634Z JUL 09
FM AMEMBASSY TRIPOLI
TO RUEHC/SECSTATE WASHDC PRIORITY 5073
INFO RUEHZO/AFRICAN UNION COLLECTIVE
RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RHMFISS/CDR USAFRICOM STUTTGART GE
RHEHAAA/NSC WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUCNDT/USMISSION USUN NEW YORK 0214
RUEAIIA/CIA WASHINGTON DC
RUEHEE/ARAB LEAGUE COLLECTIVE
RUEHTRO/AMEMBASSY TRIPOLI 5612
S E C R E T SECTION 01 OF 03 TRIPOLI 000599 

NOFORN
SIPDIS

DEPT FOR NEA/MAG AND ISN/CTR; STATE PLEASE PASS USTR PAUL BURKHEAD; ENERGY FOR
GINA ERICKSON

E.O. 12958: DECL: 7/27/2019
TAGS: PREL, PGOV, PHUM, CVIS, ABLD, ETRD, MASS, PARM, UNGA, LY
SUBJECT: MOVING FORWARD ON THE BILATERAL AGENDA WITH LIBYA

TRIPOLI 00000599 001.2 OF 003


CLASSIFIED BY: Gene Cretz, Ambassador, U.S. Embassy Tripoli,
Department of State.
REASON: 1.4 (b),(d)
S E C R E T SECTION 01 OF 03 TRIPOLI 000599

NOFORN
SIPDIS

DEPT FOR NEA/MAG AND ISN/CTR; STATE PLEASE PASS USTR PAUL BURKHEAD; ENERGY FOR
GINA ERICKSON

E.O. 12958: DECL: 7/27/2019
TAGS: PREL, PGOV, PHUM, CVIS, ABLD, ETRD, MASS, PARM, UNGA, LY
SUBJECT: MOVING FORWARD ON THE BILATERAL AGENDA WITH LIBYA

TRIPOLI 00000599 001.2 OF 003


CLASSIFIED BY: Gene Cretz, Ambassador, U.S. Embassy Tripoli,
Department of State.
REASON: 1.4 (b),(d)
1. (S/NF) Summary: FM-equivalent Musa Kusa assured visiting
Acting A/S Feltman July 27 that the Government of Libya was
prepared to launch a bilateral Human Rights Dialogue; would sign
the HEU-LEU agreement in time to meet the September deadline to
transfer its nuclear spent fuel; was ready to move forward on
security cooperation, including signing the end-use monitoring
agreement; was prepared to take a second look at some kind of
participation in the Trans Sahara Counterterrorism Partnership
(TSCTP); and was discussing a plan to expedite the visa approval
process for U.S. officials, business travelers, and technical
experts. On signing a Trade and Investment Framework Agreement
(TIFA),Kusa did not give a clear answer but stated that
strategic dialogue was possible in the international sphere.
Kusa confirmed that the GOL was planning to host a one-day AU
Summit meeting in Tripoli August 31 to discuss crisis spots in
Africa. Kusa also noted that counterterrorism and Darfur would
be on the Leader's agenda for any possible meeting with POTUS on
the margins of the upcoming UN General Assembly. Feltman
asserted that any potential meeting would be enhanced by Libyan
agreement to the several issues raised and that the Libyan side
would be well-advised to make efforts to temper Qadhafi's
rhetoric while in New York to the extent possible. End Summary.

2. (S/NF) During a July 27 visit to Tripoli, Acting A/S Feltman
(accompanied by Ambassador and Pol/Econ chief ) reviewed with
FM-equivalent Musa Kusa U.S. strategic goals for the NEA region
and specific areas for expanded bilateral engagement. Feltman
opened the nearly two-hour initial interaction between the two
with an overview of the priorities set out by POTUS during his
Cairo speech, emphasizing the need to build strategic
partnerships throughout the region. Kusa commented that the
current positions of the U.S. vis-a-vis the Arab world were
notably different than under the previous A
dministration and
noted that U.S. policy toward the region led to the rift in
U.S.-Libya relations. Kusa seized the opportunity to offer
advice, explaining that the U.S. must be "fair and equal" in
solving the problems of the Arab world. He said POTUS should
"forget about the kings" and deal directly with the people (a
clear allusion to Libya's "Jamahiriya" concept of direct
governance by the people). Terrorism, he warned, stems from the
people's grievances and can be controlled by shifting the
mentality of the people rather than working with governments.

3. (S/NF) Kusa noted that the U.S. must treat Libya differently
from other Arab nations, specifying that we could not treat
Colonel Qadhafi the same way we treat Ben Ali in Tunisia or
Mubarak in Egypt, given his unique background and experience.
He commented that a man of Qadhafi's "caliber" could not be
placed on equal footing with the King of Jordan or other
traditional Arab rulers. Kusa stated that leaders in Egypt,
Algeria, Turkey, and Pakistan could not rule without the support
of their military establishments and that while Qadhafi had
started out as a military figure, he had been able to change
into a political figure. Kusa advised that a deep, correct
understanding of Qadhafi's visions and aspirations would be of
more benefit to the U.S. regionally than would engagement with
other Arab statesmen.

4. (S/NF) Turning to bilateral issues, AA/S Feltman noted the
U.S. desire to press the relationship forward by establishing a
series of dialogues on human rights, political-military
relations, trade and investment, and civil-nuclear engagement.
Kusa commented that the U.S.-Libya relationship was at an
"acceptable" level but that the pace of engagement was a point
of concern. He reiterated the GOL's familiar refrain about the
criticism it has received for its decision to give up its WMD
program and, in its estimation, not having been adequately
compensated for that decision. However, he emphasized that
Libya had made the correct decision and had done so with
awareness and conviction. He acknowledged that giving up WMD
was the safest decision for Libya.

HUMAN RIGHTS DIALOGUE

5. (S/NF) Kusa stated that the GOL had no objections to engaging
in the bilateral human rights dialogue, a proposal that had
previously been raised by the Ambassador, but he wanted to
ensure that both governments would be "on equal footing" within
the conduct of that dialogue. Confusing the goal of the
dialogue with the Congressionally-mandated annual human rights
report, he suggested that the GOL should be able to insert into
any report on Libya's human rights situation comments on U.S.

TRIPOLI 00000599 002.2 OF 003


human rights issues. The AA/S explained that the human rights
dialogue was designed to create a discreet bilateral forum for
discussion on a broad range of issues, including specific cases
of concern, which would be based on mutual respect. Kusa said
that the GOL would agree to host the initial team of experts
within the dialogue framework. He explained that the GOL did
not disagree with the concept of a dialogue but was concerned
about the manner in which the U.S. reported on human rights
issues in Libya. Kusa insisted that all discussion of human
rights issues should be done in diplomatic channels within the
framework of the human rights dialogue and noted his disapproval
of embassy attempts to collect information directly from the
public (i.e., human rights reporting). Feltman urged Kusa to
agree to a DRL-led interagency visit for one-day between August
10-20 to formally launch the dialogue. Kusa asked
A/S-equivalent for the MFA Americas Department Ahmed Fituri to
follow-up on scheduling.

SIGNING THE HEU-LEU AGREEMENT

6. (S/NF) Feltman urged the GOL to sign the HEU-LEU agreements
with the U.S. and Russia as soon as possible in order to meet
the September deadline for transfer of Libya's highly enriched
fuel to Russia and in order to remove an obstacle to future
cooperation in the civilian nuclear energy field. Kusa assured
the AA/S that the GOL had already made the decision and
indicated that meeting the September deadline would not be a
problem.

SECURITY COOPERATION - TSCTP and 505 END USE AGREEMENT

7. (S/NF) The AA/S explained that one way to address Libya's
requests for technical assistance was via the Trans Sahara
Counterterrorism Partnership (TSCTP),clarifying that TSCTP was
not a multilateral organization but rather a simple funding
mechanism. The AA/S also noted the need for GOL signing an
end-use monitoring agreement, which the GOL had been reviewing
for several months in order to move forward on our military and
security relationship. Kusa asked the embassy to provide
additional information via Fituri's office on TSCTP and to
follow-up directly with Fituri on the end-use monitoring
agreement.

VISAS AND EMBASSY TRIPOLI ADMINISTRATIVE ISSUES

8. (S/NF) Highlighting that over 1000 U.S. visas had been issued
to Libyans by the embassy since it began full non-immigrant visa
services on April 2, Feltman urged Kusa to work with us to
improve the visa situation for American travelers and help
establish a more transparent Libyan system. Kusa agreed that
the visa issue needed to be addressed and assured the AA/S that
the GOL was developing a plan to offer special processing
services to U.S. officials, business travelers, and technical
experts. Feltman reiterated the importance of the GOL's
approval of a NEC site and for finalization of the deal to
compensate the USG for expropriated properties. Kusa advised us
to follow-up with Fituri.

Trade and Investment Framework Agreement

9. (S/NF) In response to Feltman's inquiry on GOL readiness to
move forward on signing a Trade and Investment Framework
Agreement, Kusa stated generally that the GOL was ready to
develop investment opportunities and mentioned the possibility
for strategic dialogue in the international arena.

ANOTHER AU SUMMIT: FOCUS ON PEACE AND SECURITY IN AFRICA

10. (S/NF) Feltman highlighted that African issues represented
an intersection of interests between the U.S. and Libya. Kusa
said that Libya was planning to host a special one-day AU Summit
in Tripoli on August 31 that would focus on regional crises,
particularly in Darfur, Somalia, and Ethiopia-Eritrea. He
explained that the GOL was considering extending invitations to
a number of regional and European leaders and ministers, and
that an invitation may be forthcoming to Secretary Clinton. He
highlighted that U.S. participation as a regional partner would
be significant.

POSSIBLE POTUS-QADHAFI MEETING AT UNGA

11. (S/NF) On the possibility of a POTUS-Qadhafi meeting at

TRIPOLI 00000599 003.2 OF 003


UNGA, the AA/S said any meeting, if it were able to be arranged,
would be significantly enhanced by GOL progress in the above
areas, particularly on the launching of the bilateral human
rights dialogue and the signing of the HEU-LEU agreement, noting
that those two issues would provide substance and a reason for
the meeting to take place. Feltman also urged that the Leader
respect U.S. sensitivities during his remarks at UNGA,
specifically avoiding any provocative language about the events
of September 11. Kusa indicated his agreement that a potential
POTUS-Qadhafi meeting should be substantive, and he noted that
issues for discussion from the Libyan side might include
counterterrorism in the Sahel, the crises in Darfur and Somalia,
and Qadhafi's overall vision for Africa and peace in the Middle
East.

OTHER ISSUES - GUANTANAMO, WESTERN SAHARA

12. (S/NF) In responding to Feltman's assertion that the Libyan
side could raise any human rights concerns it had about U.S.
practices, Kusa mentioned that the embassy could work with the
Qadhafi Development Foundation to address any Guantanamo-related
issues.

13. (S/NF) The AA/S noted the U.S. interest in promoting greater
regional cooperation and asked for Kusa's thoughts on the
Western Sahara issue, especially how to improve relations
between Algeria and Morocco so as to promote Maghreb unity.
Kusa explained that Libya was trying to play a role in the
situation in order to maintain the integrity of the Maghreb
Union. Libya had spoken in detail with both Morocco and Algeria
and thought the 5+5 Group may be the best negotiating forum for
the issue. Kusa predicted that if the issue was not solved
under Algerian President Bouteflika, then it would not be solved.

14. (S/NF) Comment: The meeting with Musa Kusa was positive and
clearly signaled that the new administration was prepared to
deal seriously with the Libyans to continue the normalization
process. The GOL's agreement to participate actively in a
bilateral human rights dialogue represents a significant step
forward and will create a forum to address specific cases of
concern as well as to press Libya to meet its international
human rights commitments more broadly. Kusa clearly got the
point that any potential meeting between POTUS and Qadhafi at
UNGA would be enhanced greatly by agreement to the several
issues Feltman raised. He also understood the necessity of
finding a way to control Qadhafi's rhetoric while in New York;
however, he did not promise anything on that score. Post will
follow-up with the MFA on scheduling a one-day visit by a
DRL-led interagency team between August 10-20 to launch the
human rights dialogue; GOL's signing of the HEU-LEU agreement;
approval on TSCTP; approval of the 505 end-user agreement;
improvement of the bilateral visa situation; TIFA; and launching
a political-military dialogue. End Comment.

15. (U) Acting A/S Feltman did not have the opportunity to clear
this message prior to departure.
CRETZ