US embassy cable - 04MANAMA811

C O N F I D E N T I A L MANAMA 000811 
 
SIPDIS 
 
CAIRO FOR STEVE BONDY 
 
FOLLOWING TELEGRAM FROM AMEMBASSY MANAMA SENT ACTION SECSTATE 
INFO COMUSNAVCENT AND USCINCCENT MACDILL AFB FL REPEATED FOR 
YOUR INFO 
 
QUOTE 
C O N F I D E N T I A L MANAMA 000676 
 
SIPDIS 
 
E.O. 12958: DECL: 05/09/2029 
TAGS: PREL, BA, KICC 
SUBJECT: ARTICLE 98 AGREEMENT IN PROCESS 
 
REF: MANAMA 
 
Classified By: CDA Robert S. Ford for reasons 1.5(b)(d). 
 
1.(U) This is an action message.  Please see Para 5. 
 
2.(C) Bahrain expects to complete its work to bring the 
article 98 agreement into force in 10-14 days, Assistant 
Undersecretary for Cooperation and Follow up Shaikh Abd 
al-Aziz bin Mubarak Al-Khalifa told POL/ECON Chief on May 9. 
Senior officials and lawyers are still debating which 
methodology to use - an exchange of notes, or a Royal decree, 
Abd al-Aziz related.  Given the Abu Ghraib revelations in 
Iraq, he commented, the GOB has no desire whatsoever to 
notify parliament or the public of the existence of the 
article 98 agreement, which mitigates against the Royal 
decree approach.  Only five officials at the Foreign 
Ministry, Shaikh Abd al-Aziz emphasized, know of the 
existence of this agreement. 
 
3.(C) Shaikh Abd al-Aziz said that they are looking closely 
at the possibility of limiting the duration of the agreement. 
 This, he stated, might allow them to bring the agreement 
into force via an exchange of notes.  Shaikh Abd al-Aziz 
noted that the U.S. and Bahrain's signature of the agreement 
complicates such a process.  He wondered if a clause limiting 
the duration of the agreement could be included in the 
exchanged diplomatic notes. 
 
4.(C) Shaikh Abd al-Aziz also drew POL/ECON Chief's attention 
to the use of the word "ratified" in the language of the note 
we proposed for the exchange.  He commented that use of this 
word makes his job more difficult because Bahraini lawyers 
immediately insist that "ratification" of an agreement 
requires National Assembly approval. 
 
5.(C) ACTION REQUEST:  Post would appreciate the Department's 
guidance on whether we would be willing to limit the duration 
of the agreement and how that could be achieved given that we 
have already signed the text.  Post would also appreciate 
guidance on whether there are substitutes for "ratified" or 
"ratification" that could be used in an eventual exchange of 
notes.  Charge is likely to see the Minister of State for 
Foreign Affairs on May 12 and could raise this issue then. 
END ACTION REQUEST. 
FORD 
UNQUOTE 
NEUMANN