VZCZCXRO9731
PP RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHNP RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHSK #0134 1171156
ZNR UUUUU ZZH
P R 271156Z APR 09
FM AMEMBASSY MINSK
TO RUEHC/SECSTATE WASHDC PRIORITY 0238
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHSK/AMEMBASSY MINSK 0242

UNCLAS MINSK 000134 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL OEXC CVIS CMGT BO
SUBJECT: BELARUS: MFA OFFERS NEW TEXT FOR CHERNOBYL RESPITE 
AGREEMENT 
 
REF: MINSK 128 
 
¶1.  (U) Please see action request para 5. 
 
¶2.  (U) Following up on reftel discussion, MFA U.S. and Canada 
Director Sergey Rachkov met with Charge April 25 to provide a 
new draft text for USG review on the subject of the Chernobyl 
respite U.S. travel program for Belarusian children.   Rachkov 
noted that the GOB was prepared to reach concord on the basis on 
an exchange of diplomatic notes, and told Charge that the new 
text had been prepared with the intention of meeting both GOB 
and USG concerns. 
 
¶3.  (U) Post will forward the full text to EUR/UMB.  The key 
passages read as follows (in the GOB's unofficial translation): 
 
"7. The American Party...in accordance with the laws of the 
United States of America guarantees to take comprehensive 
measures for the return of children [garantiruyet prinyatiye 
ischerpyvayushchikh mer po vozvrashcheniyu detey] to the 
Republic of Belarus upon the completion of health respite 
visits, despite the fact that the validity of [the] entry visa 
to the United States of America may exceed the period of respite 
visits of children." 
 
"11. In case of unlawful holding of children the Belarusian and 
American Parties immediately take comprehensive measures for 
their unconditional return [nezamedlitel'no primut vse 
ischerpyvayushchiye mery dlya bezuslovnogo vozvrashcheniya] to 
the Republic of Belarus in accordance with domestic state laws 
of both Parties and international agreements, which the Republic 
of Belarus and the United States of America are party to." 
 
¶4.  (SBU) Rachkov stressed that this formulation meets the 
requirements of Lukashenka's edict that return to Belarus be 
guaranteed.  Charge underlined that the USG had in fact taken 
such measures in the case of the minor Belarusian who initially 
chose to remain in California in 2008.  Rachkov acknowledged 
that point, and expressed the hope that both governments can 
reach consensus as the timing for potential respite trips 
approaches. 
 
Comment and Action Request 
-------------------------- 
 
¶5.  (SBU) The GOB has now concluded agreements for respite 
programs with Italy, Ireland, Germany, and the Netherlands, that 
incorporate similar (or stronger) language.  From post's 
perspective, this new text is a marked improvement, as is the 
GOB's recognition that a treaty or other formal agreement would 
be extremely cumbersome: we recommend that we move forward to 
exchange appropriate diplomatic notes.  Post would be grateful 
for the Department's views. 
 
MOORE