US embassy cable - 03SANAA3010

C O N F I D E N T I A L SECTION 01 OF 05 SANAA 003010 
 
SIPDIS 
 
PM FOR AMBASSADOR BODINE; USTR FOR BUNTIN 
 
E.O. 12958: DECL: 12/18/2013 
TAGS: PTER, PREL, ASEC, PGOV, PARM, KDEM, YM, KICC, COUNTER TERRORISM, MARITIME SECURITY, ECON/COM 
SUBJECT: PM SENIOR ADVISOR BODINE'S 12/18 MEETING WITH FM 
QIRBI: EXCHANGE OF ARTICLE DIPNOTES COMPLETED; CT 
COOPERATION, SMALL ARMS PROGRAM AND MARITIME SECURITY; 
U.S.-YEMEN TIFA; LAWYER FOR GTMO DETAINEE 
 
REF: A. SANAA 2993 
     B. SANAA 2800 
 
Classified By: Ambassador Edmund J. Hull, for reasons 1.5 (b and d) 
 
 1. (C) Summary: During a 12/18/03 call on Foreign Minister 
Qirbi, PM Senior Advisor Bodine and Qirbi exchanged signed 
diplomatic notes to complete an Article 98 agreement, (ROYG 
has asked that this not/not be publicized, however.)  Without 
setting a precise date, Qirbi responded positively to the 
Secretary's offer to meet during February 4-6, 2004, and 
 
SIPDIS 
supported completion of a U.S.-Yemen TIFA and 416(b) 
agreement for dry milk by that time.  Efforts to control 
small arms smuggling to Yemen and within its borders were 
also discussed, and Ambassador Bodine offered U.S. diplomatic 
support with other countries in coordination with Yemen's 
revised procedures and review of outstanding end-user 
certificates.  Qirbi explained the new Yemen-Oman maritime 
agreement, and asked for more assistance on border and 
maritime security.  He noted that President Saleh's concerns 
about the EXBS team's December visit would likely be 
alleviated when the program produces tangible results, i.e., 
training and equipment.  Qirbi responded matter-of-factly to 
the Ambassador's briefing on the appointment of military 
counsel for a Yemeni Guantanamo detainee, but seemed unaware 
of rumors of a European businessman's stabbing near Tahrir 
Square (ref a) and promised follow-up with ROYG security 
offices.  Ambassador Bodine's 12/17 meeting with President 
Saleh is reported septel.  End summary. 
 
2. (C) PM Senior Advisor Ambassador Barbara Bodine, 
accompanied by Ambassador, DCM and Pol/Econ Chief (notetaker) 
called on FM Abubakr al-Qirbi on 12/18/03 at his office. 
Qirbi also hosted a lunch in honor of Ambassador Bodine later 
in the day. 
 
ARTICLE 98: EXCHANGE OF DIPLOMATIC NOTES COMPLETED 
 
3. (SBU) FM Qirbi accepted the Secretary's signed December 
10, 2003, note on an Article 98 agreement hand-carried from 
Washington by Ambassador Bodine.  Qirbi signed and provided 
Ambassador Bodine with the ROYG's response note, in both 
English and Arabic, dated December 18, 2003.  Ambassador 
Bodine has hand-carried the ROYG notes to Washington.  The 
text of the ROYG's Article 98 note, which reiterates and 
agrees to the provisions in the note signed by the Secretary, 
is below in paragraph 16.  No ceremony accompanied the 
exchange, and Qirbi specifically requested that the agreement 
not/not be publicized. 
 
OFFER OF FEBRUARY MEETING WITH THE SECRETARY:  SIGNING TRADE 
AND INVESTMENT FRAMEWORK AGREEMENT (TIFA) AND 416(B) 
ARRANGEMENT POSSIBLE 
 
4. (C) After the exchange, Ambassador Bodine gave Qirbi the 
Secretary's December 10 letter to express thanks for the 
 
SIPDIS 
ROYG's "expeditions approval of the text" of the Article 98 
agreement and to extend an invitation to the Foreign Minister 
to come to Washington for a meeting between February 4-6, 
2004, to "discuss broader issues of bilateral cooperation." 
Qirbi responded positively, and undertook to get back to the 
Embassy shortly with proposed precise dates.  The Ambassador 
said that he would try to be in Washington at the same time 
as the FM. 
 
5. (C) Noting that a Trade and Investment Framework Agreement 
(TIFA) is a first step toward a Free Trade Agreement (FTA), 
the Ambassador suggested that it might be possible to 
complete the negotiations and have the TIFA ready for 
signature during the proposed February visit.  Qirbi again 
responded positively, commenting that while a TIFA for Yemen 
has more of a psychological impact than concrete long-term 
benefits, it is still important. 
 
6. (C) The Ambassador also briefed Qirbi on the status of the 
416(b) program, noting that work with Yemen,s prominent 
business families has resulted in progress toward an agreed 
price for dry milk that would extend the program for about 
two years.  The Ambassador gave credit to USDA )- &a hero 
in U.S.-Yemen relations8 )- and suggested that if the 
timing worked out the agreement could also be signed in 
February.  Qirbi responded with a few questions and agreed to 
consider the possibility. 
 
QIRBI: CONTROLLING SMALL ARMS THROUGH END-USER CERTIFICATES 
AND LICENSING 
 
7. (C) Ambassador Bodine raised the issue of controlling the 
flow of small arms to and through Yemen.  Commenting 
favorably on the ROYG,s decision to vet all end-user 
certificates through its embassies abroad, she suggested that 
the U.S. could be helpful with diplomatic support with key 
producing/exporting countries.  Qirbi explained that the ROYG 
decision is to negate all end-user licenses, and that the 
plan is to continue to pressure traders of small arms to and 
within Yemen.  He said, secondly, that there is a law in 
Parliament that would enforce the government policy on 
carrying arms within the country.  (Note: Presumably a 
reference to the gun licensing law that was tabled by 
Parliament during 2002, and also in 1999/2000, and 
reintroduced after the April 2003 elections, which shows no 
sign of movement towards passage.  End note.)  Qirbi said a 
third goal is to slow the smuggling of arms from Yemen to the 
Horn of Africa, particularly Somalia (ref b).  He mentioned, 
however, that the French Embassy had notified him that they 
stopped a small boat carrying arms in the reverse direction, 
from Somalia to Yemen. 
 
8. (C) Ambassador Bodine remarked that the ROYG has made 
excellent progress on the Yemen Coast Guard.  The EDA boats 
(expected in January 2004) would help the government's 
efforts.  The Ambassador said that he is getting reports that 
the Yemeni students in coast guard training in the U.S. are 
finishing at the top of their classes.  Qirbi proudly noted 
that three of the top ten graduates from the police academy 
in Dubai are Yemeni, and that this demonstrates not superior 
academic ability, but a good selection process.  Ambassador 
Bodine agreed that this reflects positively on Yemen,s 
reputation for selecting candidates for student slots, and, 
after their graduation, utilizing them effectively.  This 
reputation facilitated the embassy's efforts to secure 
training slots for Yemenis elsewhere in our cooperation 
programs. 
 
QIRBI ON THE NEED FOR MORE BORDER/MARITIME SUPPORT AND 
SALEH'S REACTION TO THE EXBS VISIT 
 
9. (C) Qirbi said that he has complained to the Europeans 
that the U.S. does not provide adequate resources for 
border/maritime security.  He said that the Italians are 
giving $22 million dollars for radar from Aden to Shuqrah, 80 
miles to Aden's east.  The Ambassador requested that Captain 
Innes, U.S. Maritime Advisor to Yemen, be informed about the 
radar, which he noted seemed excessively expensive for its 
reported coverage.  Ambassador Bodine commented that the 
Yemen Coast Guard (YCG) should not be viewed as solely a U.S. 
project and that other donors should be encouraged to provide 
expertise and equipment.  Both the U.S. and the ROYG would 
benefit from a broader base of support to the YCG.  The 
Ambassador suggested that when the YCG gets the EDA boats 
operational (7 to 10 days after arrival this January) the 
ROYG should invite all potential donors to a ceremony to 
promote support for the YCG. 
 
10. (C) The Ambassador raised the issue of President Saleh's 
reaction to the Export and Border Security (EXBS) 4-person 
team's visit to Haradh (septel).  After explaining the 
background on the trip, including Deputy Foreign Minister 
Ambassador al-Dhabi's involvement in the planning, the 
Ambassador noted that the team is now back in Washington to 
battle for equipment and training to help Yemen improve its 
border controls.  He commented that Saleh misperceived the 
team's activities as "spying."  The Ambassador said that if 
the ROYG decides that EXBS is not an appropriate program for 
Yemen, we will not force the issue, but we need to see what 
Washington proposes first.  Qirbi responded that the support 
provided by the program will demonstrate its intentions. 
 
NEUTRAL RESPONSE ON YEMENI GUANTANAMO DETAINEE ASSIGNED 
MILITARY DEFENSE COUNSEL 
 
11. (C) The Ambassador briefed Qirbi on the pending press 
announcement that the Department of Defense assigned a 
military defense counsel to Salim Ahmed Hamdan, a Yemeni 
citizen detained at Guantanamo.  He explained that although 
Hamdan has not been charge, President Bush has determined 
that his case is subject to President Bush's Military Order 
of November 13, 2001.  He further noted that Hamdan was 
assigned counsel in order to prepare a defense, that he is 
presumed innocent until proven guilty, the standard of proof 
is beyond a reasonable doubt and that Hamdan has the right to 
remain silent, to present evidence and call witnesses.  Qirbi 
responded in a matter-of-fact manner and asked a few 
questions to make sure that this information did not pertain 
to pending releases of detainees.  The Ambassador clarified 
that post has no information that any Yemeni has been 
designated for release or transfer.  Qirbi claimed that 
Yemen's Ambassador to the United States, Abdulwahab al-Hajri, 
attended White House and FBI meetings and was informed that 
Yemenis were among those to be released.  At the Ambassador's 
request, Qirbi said he would try to confirm the source of 
this information from Ambassador al-Hajri. 
 
RUMORS OF EUROPEAN STABBINGS IN SANA'A RAISE CONCERN 
 
12. (C) The Ambassador asked Qirbi about rumors that a German 
businessman had been stabbed, without apparent political 
motive, in the stomach while walking from the Taj Sheba Hotel 
to Tahrir Square in downtown Sana'a.  He noted that there are 
multiple stories that might be echoes of the first, but 
seemed to point to incidents involving different European 
nationalities.  (Note: Post has now determined that there 
were three separate incidents, all involving blonde 
Europeans, and issued appropriate warden messages.  Post's 
December 20 EAC meeting minutes are reported in reftel a. 
End note.)  Qirbi, who had only returned to Yemen early that 
morning, was surprised at the information, and promised to 
follow up with ROYG security offices. 
 
U.S. CONCERNS WITH YEMEN'S DEMOCRACY/HUMAN RIGHTS/ICC 
CONFERENCE 
 
13. (C) Qirbi was keen to determine the level of U.S. support 
for the Conference on Democracy and Human Rights, including 
the International Criminal Court, Yemen will co-host with the 
EU in mid-January.  The Ambassador noted that the National 
Democratic Institute (NDI) Director, Robin Madrid, would be 
back in country and that he planned to work with NDI to 
determine practical, positive U.S. involvement.  He noted 
that, to produce constructive results, the EU should, for 
example, provide resources for the national registry project. 
 Qirbi remarked that he is aware that the U.S. has concerns 
with the ICC component of the conference, but sought to 
assure the Ambassador and the U.S. that he intends to focus 
on empowerment in human rights and democracy.  He further 
stated that the Sana'a Declaration following the Conference 
will "not subject anyone to intimidation" and that reviewing 
the proposal for the conference should alleviate U.S. worries 
on ICC.  The Ambassador responded that there is still the 
issue of practical outcomes from the conference, to which the 
FM retorted "that is why we want you to speak." 
 
YEMEN-OMAN COOPERATION ON MARITIME SECURITY 
 
14. (C) Ambassador Bodine noted that Qirbi had inaugurated 
the new Yemeni Embassy building in Muscat and signed an 
agreement with Oman the week before.  The FM said that the 
Oman-Yemen agreement on maritime borders established new 
protocols, particularly on the pursuit of pirate ships, and 
that it addresses the important issues of terrorism and 
fishing.  He agreed with the Ambassador's suggestion that 
that Yemen,s hosting of the Spring NESA conference on 
maritime security might provide an opportunity for Omani 
participation. 
 
QIRBI MESSAGE TO WASHINGTON: YEMEN WANTS MORE DEVELOPMENT 
AID, U.S. INVESTMENT AND COOPERATION ON TERRORISM 
 
15. (C) In response to Ambassador Bodine's offer to relay 
messages to Washington, Qirbi outlined three key requests: 
(1) more development aid; (2) increased investment by U.S. 
companies; and (3) more cooperation on terrorism, including 
increased transparency.  In addition to a general request for 
more aid, Qirbi said the ROYG just terminated the previous 
contract on the Aden port and is working with the World Bank 
to develop plans for the port's management.  He outlined a 
basic plan to have a private investor/company manage the 
port, the container terminal and the Aden airport.  He cited 
interest from Honk Kong and British companies and encouraged 
the U.S. to consider the opportunity.  In the context of 
increased CT cooperation and transparency, Qirbi urged more 
information exchanges and said people dealing with Yemen need 
to better understand the culture and the Yemeni mindset. 
16. (C) Ambassador Bodine stated that the change in port 
management was a positive change and that initiatives such as 
the TIFA would help address the Yemeni request for greater 
investment.  On development and other cooperation, she noted 
that the increase in assistance and cooperation over the past 
two and a half years was remarkable and exemplified our 
understanding of Yemen's needs. 
 
17.  (U) This cable was cleared by Ambassador Bodine. 
TEXT OF ARTICLE 98 AGREEMENT 
 
18. (U) Begin text of the ROYG's Diplomatic Note on Article 
98: 
 
(On Republic of Yemen, Ministry of Foreign Affairs Letterhead) 
 
Sana,a, December 18, 2003 
 
His Excellency 
Colin L. Powell 
Secretary of State 
 
SIPDIS 
Of the United States of America 
Washington D.C. 
 
Excellency: 
 
I have the honor to acknowledge receipt of Your Excellency's 
note dated December 10, 2003 which reads as follows: 
 
&Excellency: 
 
     I have the honor to refer to recent discussions between 
representatives of the Government of the United States of 
America and the Government of the Republic of Yemen regarding 
the surrender of persons to International Tribunals. 
 
Reaffirming the importance of bringing to justice those 
who commit genocide, crimes against humanity and war 
crimes, 
 
Considering that the Government of the United States of 
America and the Government of the Republic of Yemen have each 
expressed their intention to, where appropriate, investigate 
and prosecute war crimes, crimes against humanity, and 
genocide alleged to have been committed by their respective 
officials, employees, military personnel, and nationals, 
 
I have the honor to propose the following arrangement: 
 
1. For the purposes of this arrangement, &persons8 of 
either Party include all nationals of that Party and, for the 
Government of the United States of America, also include 
current and former non-U.S. national U.S. military personnel 
with respect to acts or omissions allegedly committed or 
occurring while they are or were U.S. military personnel. 
 
2. Persons of one Party present in the territory of the 
other shall not, absent the express consent of the first 
Party, 
 
(a) be surrendered or transferred by any means to any 
international tribunal for any purpose, unless such tribunal 
has been established by the United Nations Security Council, 
or 
 
(b) be surrendered or transferred by any means to any other 
entity or third country, or expelled to a third country, for 
the purpose of surrender to or transfer to any international 
tribunal, unless such tribunal has been established by the 
United Nations Security Council. 
 
3. When the Government of the United States of America 
extradites, surrenders, or otherwise transfers a person of 
Yemen to a third country, the Government of the United States 
of America will not agree to the surrender or transfer of 
that person by the third country to any international 
tribunal, unless such tribunal has been 
established by the United Nations Security Council, absent 
the express consent of the Government of the Republic of 
Yemen. 
4. When the Government of the Republic of Yemen extradites, 
surrenders, or otherwise transfers a person of the United 
States of America to a third country, the Government of the 
Republic of Yemen will not agree to the surrender or transfer 
of that person by the third country to any international 
tribunal, unless such tribunal has been established by the 
United Nations Security Council, absent the express consent 
of the Government of the United States of America. 
 
5. This arrangement shall remain in force until one year 
after the date on which one Party notifies the other of its 
intent to terminate the arrangement.  The provisions of this 
arrangement shall continue to apply with respect to any act 
occurring, or any allegation arising, before the effective 
date of termination. 
 
If the proposal set forth herein is acceptable to Government 
of the Republic of Yemen, this note and Your Excellency's 
affirmative note in reply shall constitute binding 
obligations under international law between our two 
Governments which shall be effective on the date of Your note. 
 
Accept, Excellency, the renewed assurances of my highest 
consideration.8 
 
I have the honor to confirm that the proposal set forth in 
Your note is acceptable to (the) Government of the Republic 
of Yemen, and that Your note and this note shall constitute 
binding obligations under international law between our two 
Governments which shall be effective on the date of this note. 
 
Accept, Excellency, the assurances of my highest 
consideration. 
 
                                    /s/ Abubakr Abdullah 
Alqirbi 
 
End text of the ROYG's Diplomatic Note on Article 98. 
HULL