This record is a partial extract of the original cable. The full text of the original cable is not available.

C O N F I D E N T I A L ROME 004585 
 
SIPDIS 
 
 
E.O. 12958: DECL: 10/03/2013 
TAGS: PARM KNNP IR SP IAEA KICC
SUBJECT: U/S BOLTON AND SPANISH FM PALACIO DISCUSS ARTICLE 
98, IAEA/IRAN AND EU LEADERSHIP 
 
 
CLASSIFIED BY: POLITICAL MINISTER COUNSELOR THOMAS COUNTRYMAN FOR REASO 
NS 1.5(B)(D) 
 
¶1. (C) SUMMARY.  U/S BOLTON MET SPANISH FOREIGN MINISTER ANA 
    PALACIO IN ROME ON OCTOBER 3 TO DISCUSS PROGRESS ON SIGNING 
ARTICLE 98 AGREEMENTS AND SPAIN'S CHAIRMANSHIP OF THE IAEA 
BOARD OF GOVERNORS.  FM PALACIO AGREED TO REVIEW NEW ARTICLE 
98 LANGUAGE THAT MAY SATISFY EU CONCERNS ABOUT SCOPE OF 
COVERAGE.  SHE ENCOURAGED U/S BOLTON TO BRIEF OFFICIALS IN 
MADRID ON EFFORTS TO HALT IRAN'S ILLEGAL NUCLEAR WEAPONS 
PROGRAM WELL BEFORE THE NOVEMBER 20 IAEA BOARD OF GOVERNORS 
MEETING, WHICH SPAIN WILL CHAIR.  FM PALACIO WAS DEEPLY 
CONCERNED ABOUT THE "EU3" INITIATIVE TAKEN BY FRANCE, UK AND 
GERMANY TO SEND ANOTHER LETTER TO PRESIDENT KHATAMI, NOT ONLY 
BECAUSE IT SEEMED A FUTILE EFFORT BUT ALSO BECAUSE OF THE 
IMPLICATIONS OF THREE EU MEMBERS PURPORTING TO ACT ON BEHALF 
OF THE EU AS A WHOLE.  END SUMMARY. 
 
ARTICLE 98 
---------- 
¶2. (C) U/S BOLTON EXPLAINED THAT 67 COUNTRIES HAVE NOW SIGNED 
ARTICLE 98 AGREEMENTS WITH THE USG, INCLUDING 30 SIGNATORIES 
TO THE ROME TREATY THAT ESTABLISHED THE INTERNATIONAL 
CRIMINAL COURT (ICC).  COLOMBIA RECENTLY JOINED THE LIST 
AFTER REACHING AGREEMENT WITH THE US ON LANGUAGE THAT 
SATISFACTORILY ADDRESSED COLOMBIA'S CONCERNS ABOUT THE SCOPE 
OF COVERAGE ISSUE, U/S BOLTON SAID.  COLOMBIA'S CONCERNS WERE 
SIMILAR TO THOSE OF THE EU MEMBERS, U/S BOLTON SAID, 
SUGGESTING THAT THE LANGUAGE ADOPTED IN THE AGREEMENT WITH 
COLOMBIA MAY OFFER A WAY OUT OF THE IMPASSE BETWEEN THE US 
AND THE EU.  FM PALACIO NOTED THAT, AS A LAWYER, SHE HAS BEEN 
HEAVILY INVOLVED IN THE ISSUES SURROUNDING THE ICC AND 
ARTICLE 98 AGREEMENTS.  SHE NEGOTIATED HARD WITHIN THE EU 
LAST YEAR TO REACH THE CURRENT EU POSITION WHICH, WHILE NOT 
FULLY WHAT THE USG WANTED, REPRESENTS A STEP FORWARD, SHE 
    SAID.  IT IS UNLIKELY THE EU MEMBERS WILL ACCEPT BROAD 
LANGUAGE THAT EXEMPTS US CITIZENS UNDER CONTRACT OR CITIZENS 
AT LARGE, BUT SHE AGREED TO STUDY THE COLOMBIAN LANGUAGE AND 
DO WHAT SHE CAN WITHIN THE EU. 
 
IAEA BOG, IRAN AND THE EU 
-------------------------- 
¶3. (C) NOTING THAT SPAIN NOW SERVES AS CHAIR OF THE IAEA 
BOARD OF GOVERNORS (BOG), U/S BOLTON OFFERED TO BRIEF THE 
FOREIGN MINISTER AND OTHER APPROPRIATE OFFICIALS IN MADRID ON 
EFFORTS TO HALT IRAN'S ILLEGAL NUCLEAR WEAPONS PROGRAM.  FM 
PALACIO AGREED A BRIEFING WOULD BE USEFUL AND STRESSED THAT 
IT WOULD BE IMPORTANT FOR SPAIN TO KNOW IN ADVANCE THE 
CONTENT OF ANY DRAFT RESOLUTION THAT MIGHT BE PROPOSED, IN 
THE EVENT THE IAEA BOG REFERS IRAN'S NONCOMPLIANCE TO THE 
UNSC. INFORMATION SHARING WOULD BE CRUCIAL TO LAYING THE 
GROUNDWORK, SHE SAID. 
 
¶4. (C)  PALACIO WAS CONCERNED ABOUT THE "EU3" INITIATIVE BY 
FRANCE, UK AND GERMANY TO SEND PRESIDENT KHATAMI ANOTHER 
LETTER URGING FULL COOPERATION WITH THE IAEA.  THE "EU3" 
DOESN'T EXIST, SHE SAID, SO WHO ARE THEY REPRESENTING WHEN 
THEY SIGN THE LETTER?  STRAW, DE VILLEPIN AND FISCHER WILL 
HAVE TO DISCUSS THE LETTER WITH ALL EU MEMBERS BEFORE IT CAN 
BE SENT AS AN EU INITIATIVE, AND NO ONE HAS DISCUSSED IT WITH 
HER YET, SHE SAID.  THE CAPACITY IN WHICH THEY ARE SENDING 
THE LETTER NEEDS TO BE CLARIFIED OR THERE WILL BE MORE SUCH 
INITIATIVES LAUNCHED BY A FEW EU COUNTRIES UNDER THE EU LABEL 
WITHOUT THE FULL INVOLVEMENT OF ALL EU MEMBERS.  THESE 
"SKIRMISHES" WILL DEFINE WHAT CAN BE STAMPED WITH THE "EU" 
LABEL, SHE SAID.  THE NEXT THREE MONTHS ARE "CRUCIAL" FOR 
    WHAT EUROPE AND EU FOREIGN POLICY WILL LOOK LIKE, SHE ADDED. 
SPAIN AND POLAND HAVE A STRATEGIC ALLIANCE ON MANY ISSUES, 
SHE NOTED, AND WILL "STAND FIRM" AGAINST THE FORMATION OF A 
"DIRECTOIRE OF THREE" THAT PROPOSES TO ACT ON BEHALF OF THE 
EU WITHOUT THE CONSENT OF ALL EU MEMBERS. 
 
¶5. (C) PALACIO ASKED THE USG'S POSITION ON SENDING A SECOND 
LETTER TO IRAN.  U/S BOLTON SAID HE HAD URGED THE POLITICAL 
DIRECTORS OF BRITAIN AND FRANCE NOT TO SEND ANOTHER LETTER 
BECAUSE IT GIVES THE IMPRESSION THE US AND EU ARE SPLIT ON 
THE ISSUE OF IRAN'S NONCOMPLIANCE AND WILL BE USED BY IRAN TO 
OBFISCATE FURTHER ITS INTENTIONS.  PALACIO AGREED AND NOTED 
THAT IRAN IS PLAYING WITH TIME IN ORDER TO SEE HOW THE 
SITUATION IN IRAQ PROGRESSES. SHE SAID SHE WOULD TRY TO 
DISCUSS THE ISSUE INFORMALLY WITH HER COLLEAGUES AT THE EU 
INTERGOVERNMENTAL CONFERENCE ON OCT. 4. 
 
¶6. (U) U/S BOLTON HAS CLEARED THIS MESSAGE. 
SEMBLER 
 
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 2003ROME04585 - Classification: CONFIDENTIAL