US embassy cable - 04MANAMA335

UNCLAS SECTION 01 OF 02 MANAMA 000335 
 
SIPDIS 
 
DEPT PASS TO USAID AND USPTO 
DEPT FOR NEA/PI SFRANCESKI, NEA/ARP:PHEFFERNAN, 
EB/TPP/MTA/MST:BMITCHELL, EB/CIP/BA:ALEWIS, 
EB/TPP/BTA/ANA:EWHITAKER, OES:CRICHARD, L/OES:HDAS, AND 
DRL/IL:KAUDROUE 
DEPT PASS USTR JASON BUNTIN FOR WIDER DISTRIBUTION 
LABOR FOR WCLATINOFF AND LKARESH 
COMMERCE FOR CLOUSTAUNAU, GTHOFFMAN, MPRIMLANI, SBHATNAGAR, 
ESKED 
USPTO FOR PFOWLER, LLOURIE, DMORFESI 
AGRICULTURE FOR MMEADOR 
USAID FOR JTIKKA AND JCARLSON 
 
E.O. 12958: N/A 
TAGS: KMPI, ETRD, EAID, BA 
SUBJECT: BAHRAIN'S FTA TA REQUESTS: POST INPUT 
 
REF: A. BAHRAIN'S 3/5 TECHNICAL ASSISTANCE PROPOSAL 
 
     B. MANAMA 272 
 
SUMMARY AND COMMENT: In anticipation of the March 11 
interagency meeting to discuss FTA-related technical 
assistance priorities for Bahrain, post is submitting our 
prioritized A-basket (30-60-day timeframe) shortlist to 
contribute an on-the-ground perspective to the meeting. In 
prioritizing this A-list, post has focused on projects 
falling into the top three areas where the Bahrainis have 
stated that technical assistance is needed: 1) drafting of 
legal texts; 2) enforcement procedures; and 3) training of 
personnel, and on projects that could be implemented quickly 
with readily apparent results.  END SUMMARY AND COMMENT. 
 
1. Drafting of legal texts: Begin across-the-board assistance 
to review existing legislation and draft legal texts to 
comply with the requirements of the agreement (as noted on 
Page 1, item 1).  This is necessary to expedite Bahrain's 
readiness to bring the FTA into force and to implement the 
agreement. (NOTE: As described in ref B, this assistance will 
need to be provided delicately, since there are sensitivities 
resulting from not entirely satisfactory experiences with 
foreign legal assistance. END NOTE.)  This assistance should 
include review of proposed IPR legislation (Basket B, Item 4). 
 
2. Transparency mechanism/e-commerce/e-government: Although 
not listed among Bahrain's requests, Post is convinced that 
Bahrain needs to develop a modern mechanism to enhance 
participation in the development of laws and notification of 
legislative changes.  We propose the development of a website 
that would include a comment/consultation mechanism for draft 
legislation, electronic notification (vice the printed 
gazette) of new legislation, and a searchable electronic 
register of existing legislation (also in English 
translation). 
 
3. Customs: Implementation-related technical assistance, 
especially with respect to the rules of origin, risk 
assessment and technology for customs inspections (Basket A 
Item 4).  Bahrain will need to develop a mechanism to deal 
with re-imports of U.S. products from other GCC countries as 
well as re-exports of U.S. products into other GCC countries 
by January 1, 2005, when the GCC Customs Union single point 
of entry mechanism is scheduled to take effect. 
 
4. Environment: Adopt-A-School-Bus program--retrofitting 
particulate filters onto school bus diesel exhaust systems. 
This project emerged from consultations with 2003 EPA Embassy 
Science Fellows from USEPA Sector 6, which has experience 
with the Adopt-A-School-Bus program.  Active coordination 
between the Bahrain Environmental Authority and USEPA Sector 
6 means that this program could be up and running fast--as 
soon as funding is made available--and we would see clear, 
positive results. 
 
5. Labor/Textiles: Active bilateral coordination is 
developing ideas for useful assistance programs.  It would be 
wise to reserve some funding to be able to quickly fund 
initial projects (e.g., a possible study of alternative 
employment options for garment workers, development of 
retraining program descriptions) as they emerge from this 
dialog, especially because this politically important issue 
impacts Bahrain's stability. 
 
6. IPR Enforcement: Technical assistance on the 
identification and development of Bahrain's enforcement 
procedures, as well as staff exchange training of IPR staff 
and the staff involved in the enforcement process in customs, 
the judiciary, and police (Basket A, Item 5).  The GOB has 
demonstrated consistently the will to enforce IPR protection. 
Bahrain's principle weakness is that the staff on the ground 
and the courts are insufficiently familiar with IPR to always 
make good decisions.  This is an area where we could move 
quickly and have visible impact that would be appreciated by 
the U.S. and Bahraini business communities. 
 
7. SPS: Begin technical assistance in strengthening, 
surveillance, control, monitoring and enforcement of 
standards and procedures in order to ensure the quality and 
safety of imported and locally manufactured foods  (Basket B, 
Item 8).  Bahrain has committed to revised shelf-life 
standards and non-ICCP standards. We could reward this stance 
by helping the Bahrainis quickly develop an alternate system 
that will work for them. 
FORD