SCENESETTER FOR CODEL MCCAIN'S TRIP TO LIBYA

UNCLAS E F T O SECTION 01 OF 03 TRIPOLI 000648

SENSITIVE NOFORN
SIPDIS

STATE FOR NEA/MAG; H (H PLEASE PASS TO CODEL MCCAIN)

E.O. 12958: N/A
TAGS: PREL PGOV OREP PHUM LY
SUBJECT: SCENESETTER FOR CODEL MCCAIN'S TRIP TO LIBYA

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1. (SBU/NF) Summary: Embassy Tripoli warmly welcomes your visit
and believes it will be an important occasion to advance the
bilateral relationship in several key areas. Following the
signature of the U.S.-Libya Comprehensive Claims Settlement
Agreement in October 2008, the United States and Libya
established full diplomatic relations, including the exchange of
Ambassadors in January 2009 for the first time in 37 years. The
normalization of relations has provided the United States and
Libya with increasing opportunities to push for progress in
areas of mutual concern, such as counterterrorism efforts,
military-to-military cooperation, regional stability in greater
Africa, and trade and investment. However, significant
challenges remain, particularly in ensuring Libya meets its
disarmament commitments and in encouraging the government to
expand political space through a human rights dialogue. We
believe it would be very helpful if you emphasized to your
Libyan interlocutors the importance the U.S. places on progress
in these key areas, and share your vision of how the
relationship could develop once outstanding issues are resolved.
End summary.


2. (SBU/NF) Your visit represents the highest-level visit by a
U.S. Government delegation since former Secretary of State
Condoleeza Rice's historic and well-received visit in September

2008. The Libyan Government is taking great pains to ensure
that you have a positive experience as well, and will be
listening for cues on the future direction of the relationship.
Your visit comes just three weeks before the 40th anniversary of
Qadhafi's coup on September 1, and falls within a year of
unprecedented international prominence for Libya and for Muammar
al-Qadhafi. Qadhafi, who sees himself as a man of particular
historical importance, currently holds the chairmanship of the
African Union (AU),and is expected to lead his country's
delegation to New York this fall, as his country takes on the
presidency of the 64th UN General Assembly. Qadhafi has
leveraged his position as AU Chair to improve Libya's relations
with European nations, paying recent state visits to France,
Russia, and Italy, among other nations. As a sign that he has
normalized relations with Libya's former colonial ruler, Qadhafi
will host Silvio Berlusconi for a Libyan-Italian "Friendship
Day" at the end of the month. A meeting with POTUS on the
margins of UNGA would be the capstone of Qadhafi's historic
year, but Embassy and high-level State Department officials have
emphasized that Libya must take specific actions to move forward
the bilateral relationship prior to a potential meeting.

SECURITY


3. (SBU/NF) Libya's decision to give up its WMD programs and to
renounce its support for terrorism opened the door for a wide
range of cooperation in areas of mutual concern. Libya has
acted as a critical ally in U.S. counterterrorism efforts, and
Libya is considered one of our primary partners in combating the
flow of foreign fighters. Our strategic partnership in this
field has been highly productive and beneficial to both nations.
We have begun some successful training programs to assist Libya
in improving its security capabilities, under the rubrics of
anti-terrorism assistance and border security. However, the
government has not wanted to commit to participate in the Trans
Sahara Counterterrorism Partnership (TSCTP) due to an incorrect
perception that TSCTP is a regional organization, designed to
provide U.S. foreign assistance to countries in need. Libya is
very sensitive to receiving foreign aid, insisting that it is
not a needy country but rather a patron nation of others. We
believe it would be helpful if you could clarify the importance
of TSCTP for obtaining congressional funding for bilateral
security programs in Libya.


4. (SBU/NF) Libya has stated its number one priority, in return
for relinquishing WMD, is a security guarantee by the U.S.
against foreign aggression. To that end, Libya has expressed an
interest in purchasing lethal weapons from U.S. firms. It would
be helpful if you could provide congressional perspectives on
lethal sales to Libya and the security commitments that must be
fulfilled prior to any U.S. consideration of lethal sales. The
GOL has also expressed a desire to receive in operational order
the eight C-130 planes that Libya purchased in the 1970's, which
were never delivered to Libya. Although the USG views the case
as a strictly commercial matter between Libya and Lockheed
Martin, the manufacturer of the C-130s, the aircraft are stored
at a U.S. airbase, and the U.S. Air Force is encouraging
Lockheed Martin to propose a compromise. Notably, the GOL has
not yet agreed to end-use monitoring or security of U.S.
technology agreements - two necessary steps for expanded

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military-to-military cooperation, such as International Military
Education and Training (IMET) programs.

WMD COMMITMENTS


5. (SBU/NF) Progress in other areas of the bilateral
relationship will depend on Libya's continued progress toward
fulfillment of its WMD-related commitments. The U.S. is ready
to launch a civil-nuclear dialogue as a framework for discussing
ways in which we can expand our nuclear cooperation in areas
such as the establishment of a Regional Nuclear Medicine Center,
cooperative threat reduction, scientist engagement and
redirection programs, and civil-nuclear engagement. However, we
are unable to consider expanded cooperation until Libya makes
good-faith efforts to meet the following critical deadlines for
destruction and/or disposal of its WMD and related materials:

-September 2009: Transfer of highly enriched uranium fuel
to Russia, and beginning destruction of SCUD Bs;
-2010: Conversion of Rabta chemical site to a
pharmaceutical plant, and destruction of precursor chemicals;
-2011: Destruction of mustard agent.


6. (SBU/NF) The most pressing issue remains Libya's signing of
the agreement to transfer its highly enriched uranium to Russia
for treatment and disposal, an action that must be taken prior
to August 15, 2009, if Libya is going to meet the September
deadline for disposal. The GOL is keenly interested in the
establishment of the Regional Nuclear Medicine Center as an
example of the success of the bilateral relationship. Your
interlocutors may raise the issue of U.S. funding for the
Regional Nuclear Medicine Center, which is a request that the
Department of Energy is currently preparing for submission to
Congress.

REGIONAL COOPERATION


7. (SBU/NF) Libya's strategic geographical position and current
role as chair of the African Union make it a significant player
on the continent. Libya has thus far cooperated with U.S.
efforts to foster peace in Darfur and a foundational effort to
forge a ceasefire between Sudan and Chad. The USG continues to
support Libya's efforts within the AU Peace and Security
Commission to promote good governance and rule of law. Qadhafi
has used his role as Chair of the African Union to attempt to
mediate conflicts in the sub-Saharan region, to include
Sudan-Chad, Somalia, and Eritrea-Ethiopia. Libya hosted an
African Union Summit in July, during which it advocated to
strengthen the AU, and it is preparing to host another summit on
regional peace and security on August 31.


8. (SBU/NF) As Qadhafi has broadened his engagement as an
African leader, he has notably minimized his efforts to affect
policy in the Arab world. Nevertheless, he continues to tout
his vision for a one-state solution between the Israelis and the
Palestinians: "Isratine." The Libyans will appreciate any
information you would like to share regarding how Congress views
Africa, the Arab world in general and the Middle East peace
process in particular.

HUMAN RIGHTS, MEGRAHI


9. (SBU/NF) Human rights remains a sensitive topic in the
bilateral relationship, particularly in the wake of Fathi
el-Jahmi's death in May. The Libyan Government has agreed to
host an interagency team of USG officials August 17-19 to launch
a bilateral Human Rights Dialogue. This first meeting will set
the agenda for the dialogue, which will include general
discussion on a broad range of issues, such as international
conventions to which both the U.S. and Libya are party; refugees
and migration; prisons and detention facilities; international
bodies and international NGOs; as well as specific cases of
concern from both sides. The USG delegation will be led by the
Acting Assistant Secretary of State for Democracy, Human Rights,
and Labor, and will include representatives from the NSC, OVP,
and State Department. The Embassy views this dialogue as an
important step forward in our relationship. It would be very
helpful if you could share your views on the importance of human
rights to bilateral engagement.


10. (SBU/NF) The Government of Libya has not officially raised
the case of convicted Pan Am 103 bomber Abdel Basset al-Megrahi
with the Embassy at any level. We do not expect the issue to be
raised during your visit, but if it is, we believe the most

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helpful response would be to note that this is an issue for the
Scottish Executive and that it would not be constructive to
discuss the case as a bilateral issue. Libya requested
compassionate release for Megrahi on July 24, but the Scottish
courts have not yet issued a decision on granting his release.

HOMELAND SECURITY: VISAS AND PORT-OF-ENTRY PROCEDURES


11. (SBU/NF) As part of our effort to expand relations and
facilitate greater people-to-people exchanges, Embassy Tripoli
began full non-immigrant visa services in April 2009.
Unfortunately, we have not seen reciprocal movement on the
Libyan side. The Embassy is coordinating a bilateral working
group with GOL counterparts to discuss visa issues, including
non-issuance of visas to U.S. diplomats and official visitors,
business travelers, and tourists. It would be helpful if you
could underscore with Libyan officials the importance of a fully
normalized visa regime to the implementation of fully normalized
relations with the United States.


12. (SBU/NF) Libyan officials may complain about Department of
Homeland Security regulations and practices governing the way
that they are received at U.S. ports-of-entry. Libyan travelers
- including senior Government officials, in contravention of DHS
procedures - are routinely pulled into secondary questioning due
to Libya's status as an NSEERS country. DHS regulations dating
back to 1983 also prohibit the travel to the U.S. of Libyan
nuclear scientists and aircraft pilots and mechanics. Libyan
officials may not be aware of these latter regulations, but they
must be changed in order to move forward on the full range of
civil-nuclear and security cooperation that we envision.

COMMENT


13. (SBU/NF) The Embassy has received positive signs from the
Libyan Government regarding your requested meeting with Qadhafi.
Your visit will be seen as an important opportunity for Libya
to prove that it is worthy of respect as a bilateral partner.
Qadhafi will be looking to you for insight into how Congress
views Libya and the future of the bilateral relationship. Thank
you in advance for any assistance you can provide in pushing
forward our strategic agenda. We look forward to welcoming you
in the Libyan Jamahiriya.
POLASCHIK