US embassy cable - 03KATHMANDU1390

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Identifier:	03KATHMANDU1390
Wikileaks:	View 03KATHMANDU1390 at Wikileaks.org
Origin:	Embassy Kathmandu
Created:	2003-07-25 09:22:00
Classification:	UNCLASSIFIED//FOR OFFICIAL USE ONLY
Tags:	KTIA PREL PGOV PINR NP Nepali Government Policy
Redacted:	This cable was not redacted by Wikileaks.

UNCLAS KATHMANDU 001390 
 
SIPDIS 
 
SENSITIVE 
 
DEFT FOR SA, SA/INS, T, AND PM 
NSC FOR MILLARD 
LONDON FOR POL/GURNEY 
 
E.O. 12958: N/A 
TAGS: KTIA, PREL, PGOV, PINR, NP, Nepali Government Policy 
SUBJECT: NEPAL: ARTICLE 98 AGREEMENT ENTERS INTO FORCE 
 
REP: 2002 KATHMANDU 2505 
 
1.  (SBU) On July 22, 2003, Nepal's Ministry of 
Foreign Affairs sent a diplomatic note to the Embassy, 
informing us that the Government of Nepal (GON) has 
completed the necessary domestic legal requirements 
for entry into force of the Article 98 Agreement.  The 
Agreement, signed in Kathmandu on December 31, 2002 
(reftel), required the parties to exchange diplomatic 
notes confirming that domestic law supported the 
Agreement.  The Embassy reminded the GON of this 
obligation by diplomatic note on June 26.  The Embassy 
will fax both Diplomatic Notes to the Nepal Desk 
(SA/INS). 
2.  (SBU) Comment:  The GON chose to utilize 
provisions in Article IX of its Treaty Act to meet the 
domestic legal provisions of the Agreement.  The Act 
states that any international treaty signed by the GON 
shall supersede domestic law.  As Nepal does not have 
a Parliament and no planned elections, the Treaty Act 
was the simplest means to ensure compliance with the 
Agreement. 
 
MALINOWSKI