US embassy cable - 05KUWAIT3059

S E C R E T SECTION 01 OF 02 KUWAIT 003059 
 
SIPDIS 
 
NOFORN 
 
FOR NEA/ARPI AND S/CT; NSC FOR TOWNSEND 
 
E.O. 12958: DECL: 07/04/2015 
TAGS: PTER, PREL, PGOV, EFIN, ASEC, MARR, CVIS, KU, War on Terror 
SUBJECT: KUWAIT COUNTERTERRORISM WORKING GROUP: SLOW BUT 
RELATIVELY STEADY GOK PROGRESS ON CT ISSUES 
 
REF: A. KUWAIT 2928 
     B. KUWAIT 2927 
     C. KUWAIT 2607 
     D. KUWAIT 2265 
     E. KUWAIT 1159 
     F. KUWAIT 1071 
     G. KUWAIT 730 
 
Classified By: Charge d'Affaires a.i., Matthew H. Tueller 
 
1.  (S/NF) Summary:  The Charge chaired on July 5 Post's 
monthly meeting of the Counterterrorism Working Group (CWG). 
The CWG discussed continuing GOK efforts to locate wanted 
terror financier Mohsen Al-Fadhli; prompt GOK reaction to 
potential security threats, but limited follow up; the 
acquittal of former Guantanamo detainee Al-Mutairi and the 
release on bail of other terror suspects; slow, but steady 
progress in efforts to combat money-laundering and terror 
financing; and the GOK's interest in U.S. training and 
equipment.  Post's CWG also includes section heads or 
representatives from RSO, POL, ECON, CONS, RMAS, OMC-K, and 
DIALO.  End Summary. 
 
Finding Al-Fadhli... 
-------------------- 
 
2.  (S/NF) RMAS opened the meeting with an update on GOK 
efforts to locate terror financier Mohsen Al-Fadhli.  Reports 
that Al-Fadhli was in Iraq were false and available 
information indicates that he remains in hiding in Kuwait. 
Kuwait State Security (KSS) has narrowed down possible 
locations for Al-Fadhli, but a general lack of political will 
precludes the GOK from taking action without concrete 
information.  Khaled Al-Dosari is no longer believed to be in 
Kuwait.  RMAS also voiced concerns about the GOK response to 
a bomb threat at the airport.  While the Ministry of Interior 
(MOI) took immediate action to investigate the threat, 
deported the Egyptian national who made the call, and 
heightened security at the ports where a British ship was 
docked, when the state of alert was lifted, MOI officials 
instructed the British to contact the Foreign Ministry if 
they wanted additional security.  Post is concerned about the 
need to work through several layers of government in a crisis 
situation and will raise the need for better inter-ministry 
coordination with key contacts.  Post will engage more with 
the National Security Bureau (NSB), the body charged with CT 
coordination (ref f), which appears to quickly receive 
information from other ministries (likely due to family 
connections), but fails to disseminate it effectively. 
 
Terror Suspects Acquitted or Out On Bail 
---------------------------------------- 
 
3.  (C)  PolChief briefed the group on the June 29 acquittal 
of former Guantanamo detainee Nasser Al-Mutairi (ref a). 
Al-Mutairi, who was returned to Kuwait January 15 and 
released on bail April 14 for humanitarian reasons, was found 
not guilty of charges of working for the interests of a 
foreign country and those serving it; not obtaining 
permission to join foreign military forces opposed to another 
country; and undergoing illegal weapons training.  The 
prosecution retains the right to appeal.  The Kuwaiti courts 
have also released on bail other terror suspects:  Shaykh 
Hamed Al-Ali who called for the killing of U.S. troops and 
Ahmad Al-Mutairi and Mohammed Al-Rasheedi (ref c).  These 
three are reportedly linked to the Peninsula Lions Cell 
believed to be behind the early 2005 security incidents.  37 
individuals, including a woman, have been charged and the GOK 
is seeking the death penalty for 34.  At present, eight are 
out on bail, 19 are detained, and 10 remain at large. 
 
Focusing on Terrorist Financing 
------------------------------- 
 
4.  (C)  EconChief reported on ongoing efforts by the GOK to 
strengthen its counter-terrorist financing regime.  As of 
June, the working group on drafting legislation that would 
specifically criminalize terrorist financing and strengthen 
Kuwait's anti-money laundering efforts had finished a draft 
and submitted it to the appropriate government agencies for 
review (ref b).  According to committee member Talal 
Alsayegh, the Head of the Central Bank's Anti-Money 
Laundering Unit (strictly protect), the draft legislation: 
criminalizes terrorist finance; permits financial 
institutions to refer suspicious activity reports (SARs) 
directly to the Financial Intelligence Unit (FIU) 
rather than to the Public Prosecutor's Office; allows the FIU 
to share intelligence directly with other FIUs, and 
without prior approval from the Public Prosecutor's Office; 
imposes restrictions on cash couriers (NFI); and makes the 
definition of money laundering more precise.  Alsayegh said 
that the draft is based on terrorist finance legislation 
prototype provided by the IMF and draws on other countries' 
terrorist finance laws as well.  Once key government agencies 
have reviewed the draft legislation, the committee plans to 
seek external reviews to determine its appropriateness.  The 
U.S. has offered, and the GOK has accepted, USDOJ OPDAT 
assistance.  According to Alsayegh, the GOK might also ask 
the IMF and FinCEN for assistance.   Following external 
review, the legislation would need to be approved by the 
National Assembly which will reconvene in October.  Overall, 
steady progress continues, albeit at slightly slower pace 
than we would prefer. 
 
Training, Training, Training 
---------------------------- 
 
5.  (C)  RSO advised the CWG of two incidents of reported, by 
not confirmed, surveillance of mission personnel.  Security 
officials promptly researched license plate numbers of the 
suspect vehicles, but have been slow in follow-up.  The delay 
highlights the need for additional training and a team will 
depart July 9 for an ATA Major Case Management course being 
held at the FBI Academy in Quantico, VA.  Post is pressing 
the GOK to identify CT fields of interest so that appropriate 
consultations may be scheduled.  RSO also reported GOK intent 
to establish a CT unit under the NSB.  A team visited the UK 
for CT consultations and also wants to tour U.S. facilities. 
RSO further informed the CWG of plans to establish an 
International Law Enforcement Academy (ILEA) in the region 
which would be well received by the GOK. 
 
6.  (C)  OMC-K informed the CWG that the Commander of the 
Ministry of Defense Commando Brigade met with BG Kearney, 
Commanding General, CENTCOM Special Operations Forces, with 
the goal of establishing professional linkages.  Although the 
UK has had the lead in special operations counter-terrorism 
training, the GOK seeks an American advisor.  The GOK 
continues to focus on training and equipment, attending 
training sessions in Jordan and upgrading its equipment -- 
night vision goggles and HMMWVs, for example -- through 
foreign military and direct commercial sales. 
 
7.  (C)  DIALO told the CWG that during his courtesy call, MG 
Khalid Al-Jarrah Al-Mohammed Al-Sabah, Chief 
of Staff for Military Intelligence and Security, J2, restated 
his interest in Force Protection Directorate training.  Post 
understands that DIA resources are limited, but fully 
supports this GOK request. 
 
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TUELLER