VZCZCXYZ0043
PP RUEHWEB

DE RUEHMO #2928/01 1691513
ZNR UUUUU ZZH
P 181513Z JUN 07
FM AMEMBASSY MOSCOW
TO RUEHC/SECSTATE WASHDC PRIORITY 1334
INFO RUEATRS/DEPT OF TREASURY WASHDC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY

UNCLAS MOSCOW 002928 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
STATE FOR EAP/FO, EUR/RUS 
TREASURY FOR WILKINSON, LEVEY, GLASER 
NSC FOR MCKIBBEN 
 
E.O. 12958: N/A 
TAGS: EFIN RS KN KS
SUBJECT: TRANSMITTAL OF USG ASSURANCES REGARDING BANCO 
DELTA ASIA 
 
REF: COMFORT-QUANRUD EMAIL OF 6/17/07 AND PREVIOUS 
 
¶1.  (SBU) This message is sensitive but unclassified and not 
for Internet distribution. 
 
¶2.  (SBU) Per reftel, Embassy delivered via diplomatic note, 
under cover of a letter from the Ambassador, USG assurances 
regarding Banco Delta Asia to the Ministry of Foreign Affairs 
on June 18.  In response, the MFA provided the following 
diplomatic note. 
 
(Begin Text) 
The Ministry of Foreign Affairs of the Russian Federation 
presents its compliments to the Embassy of the United States 
of American and has the honour to acknowledge the receipt of 
the Embassy's note No. 64 dated June 18, 2007, which states 
the following: 
 
"The Embassy of the United States of America presents its 
compliments to the Ministry of Foreign Affairs of the Russian 
Federation and has the honor to inform the Ministry of the 
Following: 
 
The US Government (USG) is pleased that the Government of the 
Russian Federation (Russian Federation) has expressed its 
willingness to take appropriate steps to facilitate the 
transfer of approximately $23 million held at Banco Delta 
Asia in Macau to an account held by North Korea's Foreign 
Trade Bank within the Far Eastern Commercial Bank (FECB) in 
Russia.  This transfer will be routed, in order, through (i) 
the Macau Monetary Authority, (ii) the Federal Reserve Bank 
of New York, (iii) the Bank of Russia (CBR), and (iv) the 
FECB for the account of North Korea's Foreign Trade Bank. 
 
The Russian Parties referred to below are the Russian 
Federation, the CBR, the FECB and all of their elected and 
appointed officials, directors, officers, employees, agents 
and affiliates, and the US laws referred to below include, 
without limitation, any US anti-money laundering and 
anti-terrorist financing laws and regulations, including the 
USA Patriot Act and related regulations; any US sanctions 
laws, including the Trading with the Enemy Act and the 
International Emergency Economic Powers Act, and related 
executive orders and regulations; and any other US laws 
relating to sanctions, money laundering, terrorist financing 
or fraud. 
 
The USG offers the following assurances relating to the 
above-described transaction, which may be relied upon by the 
Russian Parties: 
 
¶1.  The USG does not regard the actions to be taken by the 
FECB or the CBR, or to be facilitated by the Russian 
Federation, in furtherance of this transaction to be in 
violation of any US law or United Nations Security Council 
Resolution 1718. 
 
¶2.  The USG shall not take any legal or regulatory action 
under any US law against the Russian Parties in relation to 
any actions taken to facilitate or implement this transaction. 
 
¶3.  In the event of any action challenging this transaction, 
the USG shall, at the request of the Russian Federation, 
inform all relevant parties that it is the position of the 
USG that the actions taken by the Russian Parties to 
facilitate and implement this transaction are consistent with 
US policy and do not violate any US law. 
 
¶4.  The USG shall use its best efforts to prevent any 
international body of which it is a member from taking any 
legal, political or diplomatic action adverse to any of the 
Russian Parties in relation to their efforts to facilitate 
and implement this transaction. 
 
¶5.  The USG shall hold the Russian Parties harmless from any 
liability and shall compensate any expense they may incur 
arising out of any action challenging this transaction, and 
to the extent within the control of the USG, to save the 
Russian Parties free from any negative impact of the actions 
taken to facilitate or implement this transaction. 
 
This note, together with its transmittal letter, contains 
obligations of the USG, binding under international law that 
shall enter into force on the date of the Ministry's reply. 
 
The USG agrees that the above assurances may be made public 
 
if the Russian Federation so desires. 
 
The Embassy of the United States avails itself of the 
opportunity to renew to the Government of the Russian 
Federation the assurance of its highest consideration." 
 
The Ministry takes this opportunity to renew to the Embassy 
the assurances of its highest consideration. 
 
Moscow, June 18, 2007.  (End Text) 
BURNS