US embassy cable - 05MUSCAT853

UNCLAS SECTION 01 OF 02 MUSCAT 000853 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR NP/ECC (TGROEN), NEA/ARPI (TROBERTS) 
AMMAN FOR JIRVINE 
 
E.O. 12958: N/A 
TAGS: ETTC, PARM, KNNP, KSTC, TSPL, MU, Ports, Export Control and Border Security 
SUBJECT: FEEDBACK: LEGAL REGULATORY WORKSHOP IN OMAN 
 
REF: A. STATE 34282 
 
     B. MUSCAT 406 
 
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SUMMARY 
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1. (SBU) The Export Control and Related Border Security 
(EXBS) program sponsored an Export Control Legal-Regulatory 
Workshop in Muscat May 15-18, 2005.  Over 25 officials 
attended the 4-day event and shared comments on the current 
state of export controls in Oman.  While the course provided 
an awareness of multilateral control regimes, most 
participants failed to see the link to national security or 
to opportunities for increasing high-tech investment in the 
Sultanate.  Participants confirmed that Oman lacks 
comprehensive export controls for items other than chemicals, 
pharmaceuticals, and munitions; that it has no intention to 
join international regimes such as the Wassenaar Agreement, 
nor plans to develop its own national control list in the 
near future.   Based upon feedback from the participants, the 
Embassy suggests that EXBS programming focus on already 
identified vulnerabilities in transit, import control and 
operations, including assistance in inspection/interdiction 
techniques as well as targeting and risk analysis.  END 
SUMMARY 
 
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Export Controls Premature? 
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2. (U) The Export Control Legal-Regulatory Workshop sponsored 
by the Department of State's Export Control and Related 
Border Security (EXBS) Program was delivered in Muscat May 
15-18, 2005 by Commonwealth Trading Partners (CTP). 
Approximately 25 government officials attended, representing 
the Royal Oman Police Customs, Coast Guard, and Operations; 
and Ministries of National Economy, Transportation, Foreign 
Affairs, Commerce, Defense, and Regional Municipalities, 
Environment and Water Resources (MRMEWR). 
 
3. (SBU) It was clear from the uninformed and lethargic 
responses of the participants, and perplexed reaction to the 
complex course material, that this workshop on export 
controls may have been premature.  While the course provided 
an awareness of multilateral control regimes and how national 
security, as well as businesses, benefit from them, most of 
the participants failed to see the link to supporting 
international control lists and increasing high-tech 
investment opportunities.  In fact, many officials 
erroneously believe that, with a pending free trade agreement 
with the U.S., "unnecessary" controls would actually deter 
business opportunities.  Government officials confirmed that 
Oman lacks comprehensive controls on exports outside of 
chemicals (MRMEWR), pharmaceuticals (Ministry of Health), and 
munitions (Ministry of Defense), and has no immediate plans 
to participate in regimes such as the Wassenaar Agreement or 
to develop its own national export control list. 
 
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SUGGESTIONS AND FEEDBACK 
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4. (SBU) In the absence of greater Omani government buy-in to 
the concept of participating in international export control 
regimes, the workshop failed to fully meet its objectives of 
drafting export control regulations.  The implementers 
instead used the pre-European Union export control law of 
Estonia to illustrate critical elements of export 
regulations.  Some potential Omani vulnerabilities 
highlighted in the discussions include current gaps in 
recordkeeping, such as where and how long to save license 
applications.  Oman also appears to lack any mechanisms to 
deal with export violations or to assess penalties. 
Moreover, there is only a vague understanding of ministries' 
jurisdiction and roles in enforcement. 
 
5. (SBU) There were, however, a few avenues that may present 
more viable opportunities for technical cooperation and 
assistance: 
 
-- Registration:  Officials from the MRMEWR were particularly 
interested in developing additional registration requirements 
for companies exporting dual-use or controlled items. 
Currently, all importing and exporting companies in Oman 
provide limited information to meet registration requirements 
with the Ministry of Commerce and Industry (MOCI).  Officials 
from other ministries, particularly MRMEWR, would like to see 
more thorough, and centralized, registration requirements for 
companies exporting or transiting controlled items. 
 
-- Jurisdiction:  Omani law requires further development of 
its jurisdiction over more areas of activity.  For instance, 
there are no regulations on brokering exports of control list 
items, both inside and outside Omani territory. 
 
-- Licensing:  Technical assistance or EXBS programming to 
assist officials at the MRMEWR in developing transit 
licensing procedures would be welcome.  Although Oman does 
not have a comprehensive export control law, licensing 
officials at the MRMEWR are particularly aware of the 
potential threat, and responsibilities, of internationally 
controlled items entering its ports and unknowingly 
traversing its waters. 
 
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Comment 
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6. (SBU) As EXBS programming moves forward in Oman, it may be 
worth reconsidering the planned Licensing Procedures and 
Practices Workshop tentatively scheduled for the fall.  Given 
the response to this workshop, and the lack of clear 
direction for developing export controls in the Sultanate, 
another workshop on a topic similar to this past one is 
unlikely to be constructive at this time.  The Embassy 
suggests that EXBS instead focus on already identified 
vulnerabilities in transit and import, including training in 
inspection/interdiction techniques as well as targeting and 
risk analysis. 
 
7. (SBU) On an administrative note, the participants remarked 
on the poor translation and assembly of the course material. 
Moreover, the presentations appeared disjointed, rather 
unorganized, and not clearly thought out.  Several 
participants from the previous workshop in March (reftel B) 
expressed their preference for that contractor (Los Alamos 
Technical Associates), having enjoyed the clear 
presentations, prolific examples, detailed course materials 
and lively speakers. 
STEWART