US embassy cable - 03ABUDHABI3251

C O N F I D E N T I A L ABU DHABI 003251 
 
SIPDIS 
 
DEPT FOR NEA/ARP, T, AND PM/B 
NSC FOR THEROUX 
DOD FOR OSD/ISA/NESA 
 
E.O. 12958: DECL 07/12/08 
TAGS: PREL, KTIA, KICC, PGOV, PARM, TC 
SUBJECT:  UAEG WANTS ARTICLE 98 DVC ON JULY 16 
 
1.  (U) Classified by A/DCM Katherine Van De Vate, for 
reasons 1.5 (B) and (D). 
 
2.  (C) Summary and Action Request:  The UAE Ministry of 
Justice is eager to hold a digital videoconference on the 
U.S.-UAE Article 98 agreement and is proposing July 16 for 
the date.  The relevant Ministry of Justice personnel will 
not be in the country after the end of this week.  We 
request that Washington participants see if it is possible 
to hold a DVC on July 16.  Otherwise it is likely that the 
discussions will slip until September.  Post hopes to have 
this signed late September/early October and would, 
therefore, appreciate efforts to hold the DVC on the 16th. 
End Summary and Action Request. 
 
3.  (C) The Ambassador met with UAE Minister of Justice, 
Islamic Affairs, and Awqaf Mohamed Nakhera Al-Dhaheri on 
July 13.  The Minister raised a number of questions that 
the UAEG has about the proposed text.  The Ambassador 
suggested that these would be best raised with the 
appropriate USG officials in a digital videoconference. 
 
4. (C) The issues are: 
-- The UAEG is concerned about the text that states the USG 
and the UAEG have each "expressed their intention to 
investigate and to prosecute where appropriate acts within 
the jurisdiction" of the ICC.  The UAEG is concerned that 
the phrase "where appropriate" leaves open the possibility 
that allegations would not be investigated. The Ambassador 
explained that USG concerns relate specifically to 
politically motivated attacks on U.S. personnel. 
 
--The UAEG proposed that the agreement should cover 
nationals of each party only.   The Ambassador noted that 
the U.S. military has a number of non-Amcits serving. 
 
--The Minister also asked for an explanation of the 
statement "current and former" military personnel.  He 
asked whether this meant that former military personnel 
traveling to the UAE on private business or tourism would 
be protected under the agreement. 
 
--The Minister explained the UAEG rationale for deleting 
paragraph 6 of the text that says "This agreement shall 
remain in force.."  The UAEG position is that this is not 
being negotiated as an "agreement," but as an exchange of 
diplomatic notes, and therefore, calling it an agreement is 
inappropriate.  The Ambassador suggested that the UAEG 
provide alternate language, and the Minister agreed. 
 
5 (U) Econchief followed up with Abdul Rahim Al-Awadi, 
Undersecretary for International Cooperation and Planning 
at the Ministry of Justice, to provide him with 
Department's suggested dates (July 22-23, 29-30).  Al-Awadi 
told Econchief that these dates would not be possible for 
the UAEG and proposed that the DVC be held on July 16. 
Post strongly supports the UAEG suggested date.  We hope to 
have negotiations concluded quickly in order to have the 
signing ceremony by the end of September/early October to 
coincide with the annual strategic partnership meeting to 
be held in Abu Dhabi at that time. 
Wahba