DPRK: THAILAND PERM REP PLEDGES COOPERATION ON

C O N F I D E N T I A L USUN NEW YORK 000096 SENSITIVE SIPDIS E.O. 12958: DECL: 02/22/2020 TAGS: PREL PHUM ETTC MCAP KN UNSC SUBJECT: DPRK: THAILAND PERM REP PLEDGES COOPERATION ON ARMS SEIZURE Classified By: Amb. Alejandro Wolff for Reasons 1.4 (B),(D) ¶1. (C) SUMMARY: Thai Perm Rep Sinhaseni briefed Amb. Wolff on Thailand's actions following its December seizure of arms being shipped from North Korea in violation of UNSCR 1874. Sinhaseni explained that Thailand had reported the incident to the Security Council's North Korea Sanctions Committee ("1718 Committee"),but had not yet received a formal response. He pledged Thailand's full cooperation with the 1718 Committee and the Panel of Experts (POE),an UN team mandated to monitor sanctions implementation, but acknowledged that Thailand had preferred not to invite the POE to visit Bangkok until after the intense press interest had died down. Wolff commended Thailand's seizure and encouraged Thailand to invite the POE to visit soon. Sinhaseni pledged that an invitation would be forthcoming. In response to questions about Thailand's obligations under UNSCR 1874 to "dispose" of the seized cargo, Wolff explained that there were many permissible options for disposal, provided that the cargo not be sent to its origin or onward to the intended destination. END SUMMARY. ¶2. (C) On February 19, Thai Perm Rep Sinhaseni briefed Amb. Wolff on Thailand's actions following its December seizure of arms being shipped from North Korea in violation of UNSCR ¶1874. Sinhaseni praised U.S.-Thailand cooperation that led to the initial seizure, which Wolff characterized as a commendable model for other States to follow. Sinhaseni noted that Thai courts had declined to prosecute the crew of the aircraft, but that Thailand had been in touch with the crews' home states (Kazakhstan and Belarus) to encourage them to investigate whether their citizens had violated laws. Interestingly, Sinhaseni observed, no party had stepped forward to claim the airplane or the cargo. He noted that Thailand had reported the seizure to the Security Council's North Korea Sanctions Committee ("1718 Committee") in late December, but that the Committee had still not responded formally. (NOTE: The Committee is expected to send a response letter on February 23; this letter was held up for several weeks due to disagreements within the Committee over its precise wording. END NOTE). ¶3. (C) Sinhaseni said that the Royal Thai Government was committed to cooperating with the 1718 Committee and the Panel of Experts (POE),a UN team established in UNSCR 1874 to help monitor and improve sanctions implementation. He noted that the POE had reached out to the Thai mission in January to arrange a mutually-convenient time for the POE to visit Thailand to inspect the cargo. Sinhaseni acknowledged, however, that Thailand preferred a later date for the POE's visit to allow time for the intense press interest to die down. Wolff explained that the POE was interested in inspecting the seized items as part of its broader investigation into the incident. The POE could then, he said, determine what other states and entities were involved in the illicit transfer. In response, Sinhaseni said Thailand would "definitely welcome the POE" and extend an invitation in time to allow the POE to include its findings in its final report (due to the Security Council May 12). Wolff encouraged Thailand to extend the invitation soon, "while the trail is fresh." ¶5. (C) Wolff noted that, pursuant to UNSCR 1874, Thailand is obligated to "seize and dispose" of the contraband. Sinahensi explained that Thai officials were interested in determining the precise meaning of "dispose." They understood that in different UN contexts -- for example, the arms embargo imposed in UNSCR 1907 on Eritrea -- disposal was defined as "to destroy or render inoperable." Sinhaseni explained that Thai authorities had heard from U.S. officials that selling or retaining for internal use might also be viable options. Wolff emphasized that under no circumstances should the cargo be returned to its origin or the intended destination, but, within those parameters, there was a certain degree of latitude. ¶6. (C) As follow-up to Wolff's meeting with Sinahensi, USUN intends to work with both the POE and the Thai mission to ensure that a mutually-convenient date is found for a POE visit to Bangkok, preferably no later than mid-March. USUN will also work with the chair of the 1718 Committee to brainstorm options to help states like Thailand that are confused about their precise obligations after detecting illicit shipments. For example, the Committee may wish to post on its website generic background information about the POE's role in investigating these violations or to prepare guidance for states about the precise meaning of the word "dispose" in UNSCR 1874. RICE