VZCZCXYZ0000
OO RUEHWEB

DE RUEHC #0210 2122226
ZNR UUUUU ZZH
O 312210Z JUL 09
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 7070
INFO UN SECURITY COUNCIL COLLECTIVE IMMEDIATE

UNCLAS STATE 080210 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: UNSC PREL PHUM PHSA EWWT KCRM SO XA XY
SUBJECT: RESPONSE TO OLA REGARDING UN ROLE IN COUNTER 
PIRACY EFFORTS 
 
REF: USUN 697 
 
¶1.  USUN may draw from the talking points in paragraph 2 with 
the objective of strongly discouraging UN Office of Legal 
Affairs (OLA) proposals regarding the UN role in counter 
piracy efforts. 
 
¶2.  Begin talking points: 
 
-- As reflected in its prior written communications, the 
United States strongly discourages any UN Secretariat efforts 
to develop a "UN model bilateral transfer agreement." 
Production of a model agreement sanctioned by the UN could 
cast doubt on any existing arrangements that differ from the 
UN model.  Moreover, any &model8 agreement is likely to be 
over- or  under-inclusive.  The advantage of these bilateral 
instruments is that they address the particular domestic 
legal and procedural issues that may arise when the 
participants undertake the transfer of a piracy suspect. 
Each state may have slightly different requirements.  The UK 
has already provided a template to Contact Group participants 
to assist countries that are interested in negotiating their 
own bilateral transfer arrangements. This template serves the 
purpose of aiding and encouraging countries to enter into 
these arrangements, but does not impose terms on states the 
way a UN model agreement could be seen to do. 
--  We would encourage OLA to attend the next meeting of the 
Contact Group,s legal working group (WG2) in Copenhagen on 
August 26-27.  The UN and OLA were represented at the last 
legal working group meeting, and we would hope that they 
would continue to participate and follow what the legal 
working group is doing. 
--  The United States would encourage the OLA to lend the 
legal working group its expertise with respect to the Terms 
of Reference that are being developed to establish an 
International Trust Fund.  This Trust Fund is being 
established to directly support prosecutions. 
--  We would also encourage OLA to work with the UN Office of 
Drugs and Crime (UNODC) and International Maritime 
Organization (IMO) to help coordinate the various judicial 
capacity-building efforts that are underway.  In addition, we 
encourage the OLA to work with the UNODC and IMO to encourage 
regional states such as Tanzania to amend their domestic law 
to permit the prosecution of suspects even when there is no 
national nexus and to enter into transfer arrangements with 
interdicting states in order to relieve some of the burden on 
Kenya. 
--  The United States would encourage consideration and study 
by the OLA of the possibilities for the eventual transfer of 
convicted suspects from Kenya and other prosecuting states to 
Somalia.  We would note that, in our judgment, such transfers 
are not feasible at the present time, but we would not be 
opposed to studying the situation and analyzing the 
circumstances that would be necessary for such transfers to 
take place. 
--  Finally, the United States would strongly encourage OLA 
to support our view that a state should favorably consider 
prosecuting suspects when it is the flag state of the ship 
that was attacked, or the vessel was owned or crewed by its 
nationals. 
End Points. 
CLINTON