VZCZCXRO7493
PP RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHSK #0946/01 3191626
ZNR UUUUU ZZH
P 151626Z NOV 07
FM AMEMBASSY MINSK
TO RUEHC/SECSTATE WASHDC PRIORITY 6649
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEATRS/DEPT OF TREASURY WASHDC
RUCPDOC/DEPT OF COMMERCE WASHDC
RUEHGV/USMISSION GENEVA 0367
RUEHVEN/USMISSION USOSCE 1727
RUEHBS/USEU BRUSSELS
RHMFISS/HQ USEUCOM VAIHINGEN GE
RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK

UNCLAS SECTION 01 OF 02 MINSK 000946 
 
SIPDIS 
 
SENSITIVE 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM PREL PINR ETTC BO
SUBJECT: BELARUS PROTESTS EXPANDED USG SANCTIONS 
 
 
¶1.  (SBU) Deputy FM Viktor Gaysyonok summoned Ambassador November 15 
to protest the recent listing of Belarusian petrochemical giant 
Belneftekhim by Treasury's Office of Foreign Asset Control (OFAC). 
Gaysyonok read the text of a diplomatic note (see text para 5) 
stating in part that the OFAC measures violated U.S. obligations 
under the 1994 Budapest Memorandum of Safeguards signed in 
association with Belarus' accession to the Nuclear Non-Proliferation 
Treaty.  The note claimed that the steps taken against Belneftekhim 
were in violation of the Belarus-U.S. Trade Agreement, and 
principles of international trade and international law, as 
established in the framework of the WTO and via various UN 
instruments, respectively. 
 
¶2.  (SBU) In addition, the Belarusian protest denied any GOB 
responsibility for debts incurred as a result of the OFAC listing 
and said that it retained the right to take adequate measures in 
response.  The note called for an immediate reversal of OFAC's 
actions. 
 
¶3.  (SBU) In response, the Ambassador stated that the actions taken 
were consistent with U.S. commitments and obligations.  She noted 
that the Executive Order and OFAC listing were a result of the GOB's 
failure to take necessary steps in human rights and democracy to 
improve bilateral relations.  Gaysyonok made little substantive 
reply, avoiding a direct response to the Ambassador's comments. 
 
Comment 
------- 
 
¶4.  (SBU) This was a formal, diplomatic response to the OFAC listing 
largely and restated MFA press releases from November 14. 
Additional steps may be forthcoming.  After the meeting concluded, 
MFA North America Department Deputy Head Andrey Rzheusskiy asked DCM 
if further steps would be taken by the USG.  DCM noted that more 
sanctions were possible and would be based upon the actions of the 
GOB.  End comment. 
 
¶5.  (U) Begin text of diplomatic note: 
 
The Ministry of Foreign Affairs of the Republic of Belarus expresses 
a strong protest to the U.S. Embassy to the Republic of Belarus 
regarding the U.S. Treasury Department's decision announced on 13 
November 2007 about blocking the assets and seizing the property of 
Belneftekhim on the territory of the United States and barring 
American legal and private entities from having trade-economic 
relations with Belneftekhim and its representations abroad. 
 
By taking such a unilateral decision the U.S. Government violated 
the Memorandum of Security Guarantees in connection with Belarus' 
joining the Agreement on Non-proliferation of Nuclear Weapons of 5 
December 1994, by which the United States, in return for Belarus' 
rejection of possessing nuclear weapons, took an obligation not to 
apply measures of economic compulsion in order to subject Belarus to 
the interests of the United States 
 
The U.S. Government also violated existing trade agreements between 
the United States and Belarus, according to which the United States 
committed itself to improve the access of Belarusian goods and 
services to the U.S. market and to create optimal commercial 
opportunities. 
 
The U.S. Government decision regarding Belneftekhim is counter to 
the principles and regulations of international trade, established 
and operating within the WTO. 
 
Applying measures of politically motivated economic pressure is 
unacceptable from the perspective of the principles of international 
law, stated in the UN Charter, the UN Declaration of 21 December 
1965 on the inadmissibility of intervention into the internal 
affairs of states, protection of their independence and sovereignty, 
and the UN General Assembly resolution of 22 December 2005 about 
unilateral economic measures as a means of political and economic 
pressure on developing countries. 
 
The government of the Republic of Belarus strongly demands that the 
U.S. government immediately returns the assets and property to their 
legal owner, i.e. Belneftekhim, and remove all restrictions on 
trade-economic operations of the firm on U.S. territory of the 
United States, based on the Memorandum and Agreement. 
 
The Government of the Republic of Belarus retains its right to take 
appropriate reciprocal measures, envisaged by international practice 
and to request reimbursement of the losses of Belneftekhim.  The 
 
MINSK 00000946  002 OF 002 
 
 
Belarusian side also relieves itself from obligations that have 
arisen or may arise on the territory of the United States and abroad 
as a result of the U.S. Treasury Department's decision regarding 
Belneftekhim and lays these obligations on the government of the 
United States. 
 
End text. 
 
Stewart