US embassy cable - 05VIENNA132

C O N F I D E N T I A L VIENNA 000132 
 
SIPDIS 
 
DEPARTMENT FOR L, NP, T, EUR/ERA AND EUR/AGS 
 
E.O. 12958: DECL: 01/12/2015 
TAGS: KNNP, MNUC, PARM, PREL, KTIA, PHSA, EWWT, AU, EUN 
SUBJECT: SUPPORT FOR U.S. AMENDMENTS TO SUA CONVENTION: 
AUSTRIAN RESPONSE 
 
REF: A) STATE 04828 B) 04 VIENNA 00347 
 
Classified By: Economic-Political Counselor Gregory E. Phillips. 
Reasons 1.4(b) and (d) 
 
1.  (C) Political Unit Chief delivered reftel demarche to MFA 
head of Multilateral Legal Affairs unit Michael Postl on 
January 12.  Postl reiterated that the SUA convention is not 
the highest priority for Austria, given how few 
Austrian-flagged ships there are.  Postl recalled the January 
2003 meeting on SUA with Political Unit Chief, however (ref 
B), and told us that the Justice Ministry had determined in 
the interim that under Austrian law, mere possession of WMD 
or related materials would suffice in order to demonstrate 
criminal intent. 
 
2.  (C) Postl welcomed ref A's clarification of the U.S. 
positions, and especially the justification under UNSCR 1540. 
 He was unable to give us an immediate response on our 
proposals; but agreed to renew our talks after consulting 
with MFA Nonproliferation Bureau and the Justice Ministry. 
Postl also said that MFA Legal Affairs officer Thomas Loidl 
(who also attended our meeting) would likely represent 
Austria at the January 17 EU COMAR working group meeting in 
Brussels.  Austria would also send a representative to the 
Legal Committee meetings (possibly from their Embassy in 
London), and would attend the diplomatic conference in 
October as well. 
Brown