US embassy cable - 03KUWAIT5159

S E C R E T SECTION 01 OF 02 KUWAIT 005159 
 
SIPDIS 
 
E.O. 12958: DECL: 11/11/2013 
TAGS: ETRD, EAID, CASC, MOPS, PREL, PGOV, PTER, KU, IZ 
SUBJECT: (C) GOK WANTS US TO STOP COALITION FORCES' "ABUSE" 
OF ENTRY PROCEDURES 
 
REF: A. KUWAIT 3775 
 
     B. KUWAIT 3937 
 
Classified By: CDA FRANK URBANCIC, REASONS 1.4 (B) and (D) 
 
1.  (S) On November 10, post received a diplomatic note 
(informal translation at paragraph 4) from the Ministry of 
Foreign Affairs, expressing the GOK's displeasure that 
coalition forces are still permitting civilians and military 
personnel of varied nationalities into Kuwait without proper 
immigration documentation, i.e., valid passport and valid 
visa.  This practice contravenes, the note says, Kuwait's 
legal entry requirements and infringe upon Kuwait's 
sovereignty and security.  According to the note, the 
Ministry of the Interior has taken extraordinary steps to 
ensure that it has sufficient personnel at ports of entry to 
facilitate transit.  Nevertheless, the note alleges, 
coalition forces still ignore Kuwait's standard entry 
procedures.  The communication concludes by asking the 
Embassy to remind coalition forces to respect Kuwait's 
sovereignty and security, and ensure that travelers to Kuwait 
have proper documentation per our bilateral and international 
agreements. 
 
2.  (C)  COMMENT.  Although our interlocutors at the MFA 
could not confirm that the dip note referred specifically to 
Common Access Cards (CACs), we suspect the Ministry of the 
Interior generated the message and that it indeed addresses 
CACs.  Econ Chief and Consul will meet on 12 November with 
the Chief of Immigration to clarify what exactly is at stake. 
 Our read now is that the GOK is attempting to define clearly 
who is granted admission to the country under the terms of 
the DCA and who is not.  We anticipate strong GOK objection 
to attempts to include contractors within the scope of the 
DCA.  CACs have been issued to numerous categories of 
military and civilian personnel employed in support of Iraq 
operations who actually are resident in Kuwait and who the 
GOK thereby believes should comply with all GOK immigration 
regulations.  To date, military personnel, contractors and 
subcontractors (both Americans and third country nationals) 
have been using CAC cards as if they were regular, 
internationally recognized travel documents.  Consequently, 
many contractors and subcontractors have not obtained proper 
Kuwaiti visas or residence permits.  What is clear from this 
strongly worded message is that the Kuwaitis are asserting 
that Coalition forces and others have abused Kuwait's 
cooperative posture in support of our international 
operations in Iraq.  As reported Reftel A, the Kuwaitis 
already fired a warning shot on border security, when they 
closed their border with Iraq for a day in August.  They 
certainly could do it again, if they conclude that that is 
the only way to get the Americans to take their grievances 
seriously.  Kuwait remains an enthusiastic partner on Iraq, 
but insists that its sovereignty be respected.  In light of 
the regional security situation, Kuwait has valid concerns 
about controlling its borders (Ref B).  We share those 
concerns, especially from the standpoint of force protection 
for U.S. personnel deployed both in Iraq and Kuwait. 
 
3.  (U) In response to the incident described in Reftel A, 
Embassy convened an interagency team to review the situation 
and propose procedural and documentation changes to 
regularize the transit of Iraq support materiel and 
personnel.  We are close to closure with the GOK; the ball is 
in their court for final agreement between the Ministries of 
Interior and Defense.  The issue of the use or misuse of CACs 
presents another wrinkle for these customs- and 
economic-support-for-Iraq issues.  Fortuitously, and in 
follow up on press reports regarding CAC abuse, Embassy 
already had scheduled a meeting of the interagency team on 
the CAC issue for 10 November when the diplomatic note 
arrived.  The note was discussed at that meeting and the team 
is developing a common set of understandings for immediate 
review by USG agencies concerned, to include appropriate 
military commands.  We will report on progress resolving this 
issue Septel.  END COMMENT. 
 
4.  (S)  UNOFFICIAL TRANSLATION OF DIPLOMATIC NOTE.  From: 
Ministry of Foreign Affairs -- Department of Protocol. Date: 
8 November 2003.  Reference Number: 20032022 
 
(Salutations) 
 
The Ministry would like to point to a matter that has 
occurred with some commands of the coalition forces in Kuwait 
who have brought in civilian and military personnel, through 
government entry (border) points into the State of Kuwait, in 
a way that is not legitimate. (These personnel) do not fall 
under the signed agreements between the State of Kuwait and 
the coalition forces of varying nationalities. 
 
The Ministry and other relevant agencies in the government 
immediately began to contact the Coalition Forces to make 
sure that these incidents did not occur again, but these 
(illegal entry) operations did not only continue but 
increased. 
 
This matter is a type of exploitation of the (entry-exit) 
facilitation between the Government of Kuwait and our friends 
the Coalition Forces, and is an infringement on the state,s 
sovereignty and a violation of Kuwaiti laws, which forbid 
entry of any person into the country in a way that is not 
legal, which has severe punishment under the law. 
 
This also represents a violation on the security side, and 
the repercussions that may result (from this violation). 
Know that the responsible authorities at the Ministry of 
Interior have made all the necessary preparations for 
cooperation in solving this problem by providing professional 
border employees to verify documents of (personnel) arriving 
in the State of Kuwait, whether it be by way of the Military 
Airport (APOD) or land border crossings with Iraq, to ensure 
that documents are legitimate before their entry into the 
country and prior to providing them with the appropriate 
facilitation of services. 
 
There was a joint group meeting between the State of Kuwait 
and the Coalition Forces in regards to this matter, but the 
Combined Forces (Land Component) Command (CFLCC) in Kuwait is 
not abiding by what is asked of it. 
 
The Ministry of Foreign Affairs would be grateful if our 
friend, the Embassy of the United States, could raise this 
issue to higher authorities so that they can issue immediate 
orders to coalition leaders that require them to take the 
appropriate measures which will respect the sovereignty of 
the State of Kuwait and its security; and not to permit 
(violators) to exploit the facilitation of services offered 
by the State of Kuwait to our friends the Coalition Forces; 
(such orders) should also ensure, verify and forbid illegal 
entry into the country to any individual from any nationality 
regardless of his rank or position. It should also verify 
that any person not included in the facilitation of services 
agreements made with the State of Kuwait obtain an entry visa 
and a valid entry stamp on his document. 
 
The Ministry of Foreign Affairs -- Protocol Department -- 
requests an immediate reply in regard to this matter. 
 
JONES