US embassy cable - 05KUWAIT571

UNCLAS KUWAIT 000571 
 
SIPDIS 
 
USDA FOR FAS ITP/OA/SHEIKH, BERNSTEIN; COMP/DL/WETSEL 
USDA FOR APHIS OA/FERNANDEZ 
DUBAI FOR MICHAEL HENNEY 
 
E.O. 12958: N/A 
TAGS: ETRD, EAGR, TBIO, KU 
SUBJECT: BSE: COMMERCE WILL PUSH FOR REMOVAL OF WASHINGTON 
STATE BEEF BAN 
 
REF: A. KUWAIT 65 
     B. SECSTATE 9666 
     C. KUWAIT 301 
 
1.  On February 8, emboffs met with Ministry of Commerce 
Undersecretary Rasheed Al-Tabtabaei and Assistant 
Undersecretary for Commercial Controls Abdulaziz Al-Khalidi 
to discuss Kuwait's remaining ban on U.S. beef imports from 
Washington state.  Econ/C explained that the regional ban 
does nothing to protect Kuwaiti consumers, and jeopardizes 
all U.S. exports of beef to Kuwait.  He noted that the 
Washington state exclusion is unjustified under WTO rules, 
and advised that the U.S. might have to raise it during an 
upcoming WTO SPS committee meeting.  Finally, he spoke of the 
potential harm this could cause to the U.S.-Kuwait trading 
relationship, and to Kuwait's efforts to move ahead with its 
Trade and Investment Framework Agreement (TIFA). 
 
2.  The U/S explained that although the Ministry of Commerce 
issued the order, the decision to partially lift the ban fell 
to an interagency Food Safety Committee headed by the Kuwait 
Municipality and including representatives from the 
Ministries of Commerce and Health, the Public Authority for 
Agriculture Affairs and Fish Resources, the Kuwait Institute 
for Scientific Research, and the Public Authority for 
Industry.  As we anticipated, the U/S said that the committee 
excluded Washington state (where a BSE-infected cow was 
discovered) in an attempt to protect consumer health. 
Following our presentation, the U/S agreed that he had been 
under the mistaken impression that Saudi Arabia had also 
prohibited imports from Washington state.  We replied that 
Saudi Arabia limited its ban to one farm, but that Kuwait -- 
as a WTO member -- has more stringent obligations than does 
Saudi Arabia. 
 
3.  The U/S agreed that neither the Washington state ban nor 
the Saudi farm exclusion makes sense.  He asked Embassy to 
prepare a letter outlining the details of the American 
arguments against the exclusion, which the Ministry of 
Commerce would then present to the Food Safety Committee. 
(Note.  Post transmitted Ref B talking points by diplomatic 
note on January 18, but the MFA apparently did not pass it to 
the Ministry of Commerce.  In addition, the regional director 
of the U.S. Agriculture Trade Office made the same points in 
a letter to the municipality on January 17.  We will combine 
the two documents and retransmit them.  End Note.)  According 
to the U/S, the Ministry of Commerce will then attempt to 
persuade the committee to reconsider the ban, emphasizing its 
negative commercial and legal ramifications.  He promised 
that he would act as soon as he received our letter. 
LEBARON