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RUEHBUL/AMEMBASSY KABUL 1967
RHEFDIA/DIA WASHINGTON DC
RUEAIIA/CIA WASHINGTON DC
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC
RUEHDBU/AMEMBASSY DUSHANBE 1114

C O N F I D E N T I A L DUSHANBE 000167 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: DECL:  2/1/2017 
TAGS: PREL PGOV KDEM PHUM EAID TI
SUBJECT: NGO STANDOFF WITH THE TAJIK MFA OVER REQUEST FOR PERSONNEL 
INFORMATION 
 
 
CLASSIFIED BY: Tracey Ann Jacobson, Ambassador, U.S. Embassy, 
Dushanbe, State. 
REASON: 1.4 (d) 
 
¶1.  (SBU)  Tajikistan's international nongovernmental 
organization community is wrestling with how to respond to a 
recent Ministry of Foreign Affairs request to provide 
information about their local employees and tax status.   The 
Ministry sent a letter in early January -- received by only 
three of the Dushanbe NGO Forum's 44 members -- requesting that 
diplomatic missions, international organizations and 
international nongovernmental organization submit a series of 
documents, including the charter, contracts with local 
employees, tax numbers of local employees.  (Note: The Ministry 
quickly clarified that diplomatic missions were actually exempt 
and had no action. End note.)  Much of the requested information 
is already on record with other government agencies, including 
the Ministry of Justice, Ministry of Labor, Tax Committee and 
Fund for Social Protection. 
 
¶2.  (SBU)  The Ministry of Foreign Affairs appears ill-prepared 
to implement the initiative.  In a January 29 meeting with 
PolOff and Mercy Corps and Internews country directors, Sherali 
Jononov, head of the Legal Department, shifted uncomfortably in 
his chair when asked about the legal justification for the 
request.  He acknowledged that organizations also had to 
register with the Justice Ministry, but said it was not possible 
for the Ministry of Foreign Affairs to obtain the documents from 
other government agencies.  "This information will help the 
Ministry to issue visas and register cars for international 
organizations."  Given that staff changed on a regular basis, 
how often would organizations need to submit such information? 
Jononov did not know, but suggested a one-time submittal would 
suffice.  What was the penalty for non-compliance? No answer. 
 
¶3.  (SBU)  He added the initiative was in part to "protect the 
local workers of Tajikistan" from bad personnel practices, but 
could not refute the counterargument that worker protection was 
the responsibility of the Labor Ministry, not Foreign Affairs. 
In response to concerns that submitting copies of labor 
contracts violated privacy rights, Jononov suggested 
organizations did not really need to submit the contracts -- a 
list of employees, and the dates of the contract would suffice. 
 He directed the NGO Forum to meet with a more junior Ministry 
employee to clarify the specifics documents requested. 
 
¶4.  (SBU) According to Tajik lawyers at the International Center 
for Non-Profit Law, the Ministry of Foreign Affairs has no legal 
basis to collect the information.  Legal specialists explained 
to PolOff and more NGO directors January 31 that the Ministry of 
Foreign Affairs has the right to accredit diplomats and foreign 
media only.   All other organizations must register with the 
Ministry of Justice.  The Ministry's "accreditation cards" given 
to foreign employees of international organizations were not 
required under Tajik law. 
 
¶5.  (C) COMMENT:  Not only is the Ministry of Foreign Affairs on 
very thin legal ice with their request for information, the 
actual requirements are unclear and seem open to negotiation. 
The fact that the letter erroneously included diplomatic 
missions and that Jononov dismissed the written request for 
contracts suggests the request letter was hastily conceived and 
badly conceived and executed attempt to try to get more 
oversight of non-governmental organizations' activities. 
Foreign Affairs and Justice have a long-standing rivalry over 
the control of international non-governmental organizations, and 
this request could be the latest intra-governmental power play. 
 
 
¶6.  (C)  The NGO community is split on how to respond.  One camp 
feels inclined to submit only the information required by Tajik 
law, and force the Ministry of Foreign Affairs to produce legal 
justification.  The other takes a more conciliatory approach to 
the Ministry of Foreign Affairs, recognizing that a little 
compliance could result in better support and communication with 
the Ministry, if not the Tajik government.  The Ministry has the 
power to issue or deny visas, and could effectively hamstring 
the work of many international non-governmental organizations by 
denying visas to foreign employees or consultants. END COMMENT. 
 
JACOBSON