US embassy cable - 02AMMAN6270

S E C R E T AMMAN 006270 
 
SIPDIS 
 
DEPT FOR NEA, NEA/ARN, PM, L 
 
E.O. 12958: DECL: 09/30/2012 
TAGS: PREL, KPAL, IS, IZ, JO, MEPP 
SUBJECT: KING POSITIVE ON ARTICLE 98, BUT BUREAUCRACY DRAGS 
ITS HEELS 
 
Classified By: Amb. Edward W. Gnehm for reasons 1.5 (B) and (D) 
 
1.  (U)  This is an action request for the Department. 
Please see para 6 below. 
 
2.  (S)  In a conversation with A/S Burns on October 19, King 
Abdullah said again that he thought Jordan should be able to 
sign an Article 9 agreement. 
 
3.  (C)  However, in a separate conversation October 20 with 
Foreign Minister Marwan Muasher, Muasher indicated to Burns a 
reluctance to "give up something others are not giving up. 
We want to preserve our credibility in the international 
community" as the chair of the ICC member states' group.  He 
asked for information on other states that have signed 
Article 98 agreements with the U.S., and whether they are 
signatories or members of the ICC.  (Note:  Embassy passed 
that information to the MFA's Secretary General and Legal 
Advisor October 21). 
 
4.  (C)  Jordan's UN PermRep, Prince Zaid bin Raad, called 
Amb. Gnehm from New York October 23.  He said that FonMin 
Muasher had told him the GOJ wants to finalize an Article 98 
agreement quickly.  However, the Jordanian Armed Forces (JAF) 
had not yet responded to two MFA requests for copies of the 
notes which govern the status of DoD civilian and military 
personnel in Jordan.  In addition, he continued, Jordan is 
not yet sure that signing an Article 98 agreement with the 
U.S. is consistent either with Jordan's obligations under the 
ICC, or Jordanian laws and constitution. 
 
5.  (C)  PolCouns and PolOff called on MFA Legal Advisor 
Samer Naber October 24.  Naber confirmed that he has been 
unable to retrieve from the GOJ's own files a copy of the 
exchange of notes that governs status of U.S. forces in 
Jordan.  He also said he is awaiting the arrival of a book by 
an Italian judge about the negotiations surrounding Article 
98, so that Jordan can be completely sure that it can ascribe 
legally to the U.S. interpretation of Article 98 (Naber 
described the text of Article 98 as "purposefully vague"). 
Finally, he said, all GOJ decisions on ICC matters are going 
through Prince Zaid, due to his position as head of the 
states parties group, to make sure that he is not 
"politically exposed."  PolCouns argued that the intent of 
Article 98 is quite clear, that the U.S. is not asking Jordan 
to do anything that is outside the treaty, and that six full 
ICC members and three ICC signatories have already signed 
Article 98 agreements with the U.S. 
 
6.  (C)  Action request for the department:  Post is unable 
to locate in its files copies of the notes governing the 
status of DoD civilian and military personnel in Jordan (U.S. 
note 251 of 04 April 1996 and Jordan note MK/3/21/366 of 10 
April 1996).  Post would appreciate it if L or PM could 
locate these documents and fax them to PolCouns Doug Silliman 
at 962-6-592-0159.  Quick receipt of these documents could 
speed the completion of Jordan's legal analysis of Article 98. 
 
GNEHM