US embassy cable - 05KUWAIT730

S E C R E T SECTION 01 OF 02 KUWAIT 000730 
 
SIPDIS 
 
NOFORN 
 
DEPT FOR NEA/ARPI AND S/CT; NSC FOR TOWNSEND 
 
E.O. 12958: DECL: 02/13/2015 
TAGS: PTER, PREL, PGOV, EFIN, ASEC, MARR, CVIS, KU, TERRORISM 
SUBJECT: KUWAIT COUNTERTERRORISM WORKING GROUP MEETING 
 
REF: 04 KUWAIT 4559 (NOTAL) 
 
Classified By: Ambassador Richard LeBaron for reasons 1.4 (b) and (d) 
 
1.  (S/NF)  Ambassador chaired February 14 a meeting of 
post's Counterterrorism Working Group (CWG) to review 
developments in Kuwait's counterterrorism activities 
following the January discovery of a terrorist cell, and to 
identify areas where post can enhance its CT activities as 
well as strengthen the GOK's CT capabilities.  The group 
addressed GOK legislation to combat terror, loopholes or 
missing laws, and training.  In addition to the Ambassador 
and DCM, participants included section heads from RSO, POL, 
ECON, CONS, RMAS, and the Office of Military Cooperation - 
Kuwait (OMC-K). 
 
Slowly Building a Solid Legal Basis to Combat Terror 
--------------------------------------------- ------- 
 
2.  (U)  The CWG opened with a review of the GOK's CT 
legislation.  Kuwait is party to ten of the 12 international 
counterterrorism conventions and protocols and the Council of 
Ministers (COM) recently submitted for Parliamentary approval 
the 1999 Convention for the Suppression of the Financing of 
Terrorism.  The GOK has not yet taken any action regarding 
the 1990 Convention for the Suppression of Terrorist 
Bombings. Post will continue to engage the GOK on the need to 
sign and ratify this convention.  Kuwait is also a party to 
the Arab League Convention for the Suppression of Terrorism 
and the Convention of the Organization of the Islamic 
Conference on Combating International Terrorism.  In 
addition, Kuwait and its GCC partners signed in May 2004 a 
counterterrorism pact designed to boost coordination and the 
exchange of information among member states.  In response to 
recent terror activities, the GOK has proposed a law on the 
seizure of arms, ammunition, and explosives, and a group of 
five MPs suggested amendments to the penal code to increase 
jail time and fines for surveillance type activities and 
inciting violence.  Post will track proposed legislation as 
it moves through Parliament. 
 
3.  (C)  On the financial side, the GOK established a 
Financial Intelligence Unit (FIU) to monitor suspected money 
laundering operations.  Unfortunately the FIU is limited in 
its ability to share information with other FIUs due to the 
need for specific case-by-case authorization from the Public 
Prosecutor's Office.  As a result, Kuwait's FIU is currently 
ineligible to join the Egmont group, an international forum 
for 94 nations' FIUs to share financial data regarding money 
laundering and suspected terrorist financing operations.  New 
legislation is required and post will press the GOK to take 
action with a view toward Kuwait becoming eligible for 
membership in 2006.  Post will also encourage the GOK to 
adopt legislation criminalizing terrorist financing, 
particularly now that the GOK has approved the Terror 
Financing Convention.  A specific need is strengthened 
legislation requiring customs declaration of cash exports. 
Post continues to seek examples of effective terror finance 
legislation from the Arab world which Kuwait could use as a 
model (reftel).  Post also seeks a response to its request to 
the Office of Overseas Prosecutorial Development for a 
needs-assessment team and specialized program. 
 
Visa Processing 
--------------- 
 
4.  (U)  CONS briefed the CWG on current nonimmigrant visa 
processing procedures, including personal appearance waiver 
criteria, biovisa (index fingerprint scanning) criteria, 
Visas Condor SAO criteria, procedures to resolve CLASS hits, 
Visas Mantis SAOs, IDENT, and facial biometric scanning. 
Consular Chief noted that post scrupulously follows all 
Department regulations, CA SOPs and CA/VO guidance for visa 
processing.  Finally, he reviewed Visas Viper Committee 
functions. 
 
Lack of Inter-Ministry Cooperation Impedes CT Action 
--------------------------------------------- ------- 
 
5. (S/NF)  RMAS and OMC-K gave the GOK a positive assessment 
of its recent action against terror cells.  Over a three-week 
period, the GOK aggressively responded to the presence of a 
25-member cell and continues to track several targets. 
Throughout, Kuwait State Security (KSS) kept post well 
informed and continues to share information.  Despite the 
overall successful outcome, the death rate for security 
forces involved in the raids appeared high and suggests that 
tactical training might be useful.  There is also a need for 
better coordination among Kuwait's security elements; the 
Ministry of Interior (MOI) has the lead for CT activities and 
organizations such as the Amiri Guard and the National Guard, 
a competent and able force trained by American contractor 
MPRI, have specific duties, but there is very limited 
interaction among the two bodies. 
 
Continued Need for Training 
--------------------------- 
 
6.  (S/NF)  The CWG also addressed training for Kuwaiti 
officials.  Since 1996, Post has sponsored 485 Kuwaiti 
students in 23 Anti-Terrorism Assistance (ATA) courses.  The 
GOK has requested, at GOK expense, security operations center 
training for a group of mid-level managers associated with 
the Security Decision Follow-up Committee (SDFC) who will be 
responsible for Shuaiba Port and surrounding areas.  OMC-K 
already includes this group in CENTCOM consequence management 
training and intends to invite representatives from the MOI. 
The GOK has not yet accepted training offered by RMAS. 
LEBARON