US embassy cable - 04ABUDHABI4060

C O N F I D E N T I A L ABU DHABI 004060 
 
SIPDIS 
 
STATE FOR NEA AND NP/ECC 
USDOC FOR BIS/OIP/MKIM 
 
E.O. 12958: DECL: 11/09/14 
TAGS: ETTC, ECON, PARM, PREL, KSTC, TC 
SUBJECT: Federal Export Control Law Stalled by 
Internal Jurisdiction Fight 
 
Classified by Deputy Chief of Mission Richard A. 
Albright, reasons 1.5 (b) and (d). 
 
1. (C) SUMMARY:  Despite good UAEG cooperation on 
interdiction of WMD components, UAEG attempts to push 
forward on a federal export control law are currently 
stymied by internal struggles between federal agencies 
and individual emirates.  Emboffs have recently 
received conflicting reports on the status of a draft 
export control law, but the overwhelming message is 
that the glacial progress is due to issues of 
jurisdiction.  Most likely, there will be no progress 
before the end of the year.  End summary. 
 
2.  (C) The UAEG has made little visible progress in 
drafting its export control law.  At least part of the 
problem appears to be a dispute over jurisdiction. 
According to the MFA, a draft law (based on the USG 
template) is under technical review at the Ministry of 
Justice.  However, MFA Director of International 
Cooperation, Yacoub Al-Hosani also noted that the 
interministerial committee responsible for the bill 
had not had a chance to meet to discuss issues in the 
bill.  The committee includes not only federal 
government officials, but also representatives from 
the individual emirates some of whom have reportedly 
expressed concerns about local impacts of such a law. 
In a recent meeting with Director General of the 
Federal Customs Authority (FCA) Mohammed Al-Mehairi 
(protect), he said that he was not aware of any 
progress on the bill, at all.  Al-Mehairi also 
admitted that his agency and the Ministry of Justice 
were engaged in jurisdictional battles over export 
controls and other customs issues. 
 
3.  (C)  In recent days, Emboffs have received 
conflicting reports about the status or even existence 
of a technical draft.  If there is a draft, it is with 
the Ministry of Justice which reviews all UAE 
legislation in draft form; however, this Ministry does 
not have the expertise on export control and customs 
procedures to hammer out a plausible draft without the 
input of other agencies. 
 
4.  (C)  Officials have indicated that they would like 
to see a draft before the end of the year; however, 
two weeks of government closure for official mourning 
after the death of Sheikh Zayed and the Eid al Fitr 
holiday make further progress impossible until at 
least November 20.  Post believes that we will not see 
major progress in drafting the law before the end of 
the year. 
 
5. (C) Comment:  The UAEG remains committed to 
controlling dangerous exports, as their recent 
informal cooperation with the USG and other members of 
the international community demonstrates. 
Unfortunately, this commitment to interdict WMD 
components has not translated into rapid movement on 
drafting a new law.  Bureaucratic inertia, limited 
manpower, and jurisdictional disputes all contribute 
to the glacial progress.  The last factor is possibly 
the most important, given the loose confederal 
structure of the UAE.  Al-Muhairi views export 
controls as an important reason for the Federal 
Customs Authority to accumulate more responsibility 
and power vis-a-vis the local authority of each 
emirate as well as a logical extension of FCA's 
authority.  The local emirates, especially the poorer 
emirates, view customs revenues as an important part 
of their budget.  The FCA's concern is that they would 
resist any concentration of authority in the hands of 
the FCA, out of concern that this would affect thier 
customs revenue.  Their fear is that if the FCA takes 
on more responsibility for enforcing customs and 
export control laws, it would be able to argue for a 
share of customs revenues to pay expenses.  End 
comment. 
 
SISON