US embassy cable - 05KUWAIT258

S E C R E T SECTION 01 OF 03 KUWAIT 000258 
 
SIPDIS 
 
E.O. 12958: DECL: 01/17/2015 
TAGS: PTER, EFIN, PREL, ETTC, CASC, KU, TERRORISM 
SUBJECT: AMBASSADOR DISCUSSES TERRORIST ATTACKS, CT 
COOPERATION WITH NATIONAL SECURITY BUREAU PRESIDENT 
 
REF: A. STATE 9823 
     B. KUWAIT 185 
     C. KUWAIT 174 
 
Classified By: Ambassador Richard LeBaron, Reasons 1.4 (b) and (c) 
 
1.  (S) SUMMARY.  In a January 17 meeting with Ambassador, 
National Security Bureau President Shaykh Sabah Al-Khaled 
said that while it was too early to reach any conclusions 
about last week's terrorist attacks, Kuwaitis everywhere were 
raising their voices against these incidents.  He said he 
hoped that interrogations of detainees would provide 
investigators with more information about the terrorists, 
sympathizers, plans and intentions, all of which would be 
shared with the U.S. once the investigating was finished. 
The Ambassador stressed that communications channels must be 
active at all stages of the investigation -- not just at the 
conclusion -- and that there must be constant communications 
at the working level. He encouraged Shaykh Sabah Al-Khaled to 
urge his colleagues to share information early and often, and 
underscored that protection of American citizens was his most 
important priority.  The Ambassador said Kuwait should 
improve its investigation techniques to ensure that good 
legal cases could be made and proper sentences imposed, and 
offered U.S. technical assistance.  He also told Shaykh Sabah 
about Department of Justice funds available for improving 
counterterrorism investigation techniques and strengthening 
Kuwait,s legal framework. 
 
2.  (S) The Ambassador informed Shaykh Sabah of the upcoming 
designation of Kuwaiti Muhsin Fadhli as a Specially 
Designated Global Terrorist under E.O. 13224, and encouraged 
Kuwait to cosponsor Fadhli,s UN designation.  Shaykh Sabah 
Al-Khaled said that Kuwait would build a case against him if 
the U.S. would provide solid evidence.  OMC Chief and 
Ambassador then briefed Shaykh Sabah Al-Khaled about an 
ongoing U.S.-Kuwaiti criminal investigation into the illegal 
commercial sale of U.S. and Saudi military humvees, and 
discussed Kuwait's strategic review plan.  Finally, the 
Ambassador inquired whether Kuwait had been contacted by NATO 
regarding its acceptance into the Istanbul Cooperative 
Initiative.  END SUMMARY. 
 
Counterterrorism Cooperation:  We Need More Information 
--------------------------------------------- ---------- 
 
3.  (S) In a January 17 meeting with National Security Bureau 
President Shaykh Sabah Al-Khaled Al-Khaled, the Ambassador 
expressed his condolences for the loss of the Kuwaiti 
security forces during the recent terrorist confrontations, 
saying it was a tragedy to see Kuwaitis shooting Kuwaitis. 
(NOTE.  Those involved in the January 10 attack are believed 
to be all Kuwaitis.  One militant killed January 15 was 
Saudi.  END NOTE).  The Ambassador noted the Embassy,s 
concern about the attacks, and asked for Shaykh Sabah,s 
assessment.  Thanking the Ambassador for his condolences, 
Shaykh Sabah Al-Khaled said that it was too early to reach 
any conclusions about the attacks.  However, he added, 
individuals are in custody, and the security services are 
following other individuals and investigating leads.  (Shaykh 
Sabah Al-Khaled pointed out that carrying out this 
investigation would be "a big challenge" for the security and 
intelligence services, given their ongoing responsibility to 
protect U.S. military convoys, schools and installations.) 
 
4.  (S) Shaykh Sabah Al-Khaled said Kuwaitis everywhere were 
raising their voices against these attacks publicly, in the 
media and in "diwaniyyas," which he deemed significant since 
Kuwaitis rarely discuss such problems openly.  According to 
him, "there is no room for such terrorist elements in 
Kuwait." He said he hoped that interrogations of detainees 
would provide them with more information about the 
terrorists, sympathizers, plans and intentions.  He said 
that once the investigating was finished, Kuwait would share 
its findings with the U.S. 
 
5.  (S) The Ambassador pointed out that communications 
channels must be active at all stages of the investigation 
(not just at the end), and there must be constant 
communications at the working level.  While expressing his 
appreciation for Kuwait's provision of convoy protection and 
perimeter security, the Ambassador pressed for even stronger 
liaison relations.  He encouraged Shaykh Sabah Al-Khaled to 
urge his colleagues in the security services to share 
information early and often, and underscored that protection 
of American citizens was his most important priority.  Shaykh 
Sabah Al-Khaled was grateful for the Ambassador,s input, 
saying that his Bureau,s role was to ensure that the GOK 
security and intelligence services were working as a team. 
He asked the Ambassador to inform him anytime there were 
cooperation problems with Kuwaiti organizations. 
 
Need for Better Investigative Tools 
----------------------------------- 
 
6.  (S) The Ambassador also raised the need for Kuwait to 
improve its investigation techniques, which would help ensure 
that good legal cases could be made and proper sentences 
imposed.  He particularly noted the need to monitor cellular 
telephone traffic efficiently.   He urged Shaykh Sabah 
Al-Khaled to look at the legal and bureaucratic obstacles to 
cell phone monitoring. 
 
Designation of Muhsin Fadhli 
---------------------------- 
 
7.  (S) The Ambassador informed Shaykh Sabah Al-Khaled that 
on January 25, the U.S. will designate Kuwaiti citizen Muhsin 
Fadhli as a Specially Designated Global Terrorist under E.O. 
13224 (Ref A), and encouraged Kuwait to cosponsor Fadhli,s 
UN designation (NOTE.  More information on the Fadhli 
designation will be reported septel).   Shaykh Sabah 
Al-Khaled and his staff asked about the implications of 
designating Fadhli, specifically whether it would be 
incumbent upon Kuwait to take him into custody once he is 
designated.  Shaykh Sabah Al-Khaled added that if the U.S. 
would provide Kuwait with solid evidence, Kuwait would build 
a case against him. 
 
Technical Assistance 
-------------------- 
 
8.  (C) The Ambassador told Shaykh Sabah Al-Khaled that there 
are Department of Justice funds available for technical 
assistance in counterterrorism investigation techniques and 
to strengthen Kuwait,s legal framework.  He noted that there 
are large gaps in Kuwait,s laws on counterterrorism, and 
cited the absence of a specific law criminalizing terrorist 
financing.   The Ambassador registered his concern that this 
legal loophole is facilitating the financing of terrorist 
attacks against U.S. forces in Iraq.  Shaykh Sabah Al-Khaled 
replied that KSS thinks that because terrorist funding is now 
collected by hand, this is an indication that they have been 
successful in closing off all other means of terrorist 
finance.  Cash, he added, is very difficult to follow. 
 
Military Humvees for Sale 
------------------------- 
 
9.  (SBU) The Ambassador informed Shaykh Sabah Al-Khaled 
about an ongoing U.S.-Kuwaiti criminal investigation into the 
sale of used U.S. and Saudi military humvees, which have 
apparently been sold commercially (and illegally) in Saudi 
Arabia and Kuwait by a company under contract to destroy 
them.  OMC Chief added that Kuwait Customs has been extremely 
cooperative in finding one of the buyers and recovering a 
large number of vehicles.  (An investigation is underway in 
U.S. military channels.) 
 
10. (SBU) Both the Ambassador and OMC Chief spoke about the 
force protection implications of having these vehicles 
available on the commercial market, and the possibility that 
they could be used as "Trojan horses" by terrorists.   OMC 
Chief asked Shaykh Sabah Al-Khaled to look into whether 
Kuwait had any legal requirements prohibiting civilians from 
buying military equipment and, if not, whether it should 
criminalize this.  Shaykh Sabah Al-Khaled, who had not heard 
about the investigation previously, promised to follow up. 
 
Strategic Review 
---------------- 
 
11. (S) Concerning Kuwait's strategic review, the Ambassador 
indicated that the next phase would begin at the end of 
January.  OMC Chief told Shaykh Sabah Al-Khaled that the same 
components would meet again to discuss Kuwait,s perspective 
on threats, targets that should be protected, and the 
creation of a national security document.  He emphasized that 
there must be interagency Kuwaiti input for the national 
security document to have value.   Shaykh Sabah Al-Khaled 
said that the Kuwaitis were aware of the upcoming sessions, 
and were planning strategy meetings after the upcoming 
religious holiday. 
 
NATO Istanbul Cooperative Initiative 
------------------------------------ 
 
12. (C) When asked whether the Kuwaitis had been contacted 
following their December 13 approval for participation in 
NATO,s Istanbul Cooperative Initiative, Shaykh Sabah 
Al-Khaled said they were still awaiting formal notification. 
He believed that they would receive further details by 
month,s end. 
 
 
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