VZCZCXRO9032
OO RUEHDE
DE RUEHC #3868/01 1412038
ZNY SSSSS ZZH
O P 202029Z MAY 08
FM SECSTATE WASHDC
TO RUEHAD/AMEMBASSY ABU DHABI IMMEDIATE 1046
INFO RUEHDE/AMCONSUL DUBAI PRIORITY 7603

S E C R E T SECTION 01 OF 03 STATE 053868 
 
SIPDIS 
 
E.O. 12958: DECL: 05/20/2018 
TAGS: PARM PREL MNUC XB ZP ZO AE
SUBJECT: COUNTERPROLIFERATION TASK FORCE FOLLOW UP: EXPORT 
CONTROL LAW 
 
REF: A. ABU DHABI 325 
     ¶B. ABU DHABI 326 
     ¶C. ABU DHABI 1695 
 
Classified By: NEA/ARP Director A.Steinfeld for reasons 1.4 b,c and d 
 
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ACTION REQUEST 
-------------- 
 
¶1. (SBU) Post is requested to deliver the letter in paragraph 
three to Director, International Organizations, Ministry of 
Foreign Affairs, Yacoub al Hosani. 
 
End action request. 
 
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OBJECTIVES 
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¶2. (SBU) Post should achieve the following objectives: 
 
-- Thank UAE officials for hosting the third 
Counterproliferation Task Force (CTF) meeting. 
 
-- Deliver the letter from ISN AA/S McNerney and Commerce DAS 
Borman that follows-up on the February CTF meeting and 
conveys our thoughts on next steps for the UAE to take 
regarding implementation of its export control law. 
 
-- Note the United States, appreciation for the growing 
collaboration our countries have on counterproliferation as a 
result of this process. 
 
-- Reiterate the importance we place on effective 
implementation and enforcement of the export control law and 
that our offers to assist the UAEG through consultations and 
related training stands. 
 
-- Inform the UAEG that the United States proposes a workshop 
) based on the September 2007 legal and regulatory workshop 
- on implementation of export controls as a follow up to the 
February CTF. 
 
-- Solicit dates from the UAEG by proposing  August 27-28, 
2008 for the proposed workshop. 
 
End objectives. 
 
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LETTER 
------- 
 
¶3. (SBU) Begin Letter (a signed original will not follow): 
 
May 20, 2008 
 
Yacoub al-Hosani 
Director, International Organizations 
Ministry of Foreign Affairs 
Abu Dhabi, United Arab Emirates 
 
Dear Director al-Hosani: 
 
            The United States extends its appreciation to 
your government for hosting the productive February 
Counterproliferation Task Force (CTF).  Our cooperative 
efforts are helping to stem the proliferation of weapons of 
mass destruction and related items and the enactment of your 
federal export control law is a significant milestone in the 
effort. 
 
      As you know, there is considerable interest from 
Members of the U.S. Congress regarding your government,s new 
export control system and we are encouraged by press reports 
of an investigation into a shipment of zirconium ) an 
indication that the export control law is being enforced. 
 
            We also remain committed in helping your 
government implement and effectively enforce this new law 
through related export control-related consultations and 
training, including the June training session for your judges 
and prosecutors. 
 
      We would also like to propose an additional workshop to 
discuss next steps in implementing the new law. This workshop 
would be a follow on to the successful September 2007 legal 
 
STATE 00053868  002 OF 003 
 
 
and regulatory workshop. It would include discussions on 
forthcoming legal amendments, regulations, development of a 
licensing authority, control list revisions, and industry 
outreach efforts.  We have attached a short paper that 
summarizes each of these areas and hope that we can agree 
upon a time to conduct this training for August 27-28, 2008. 
 
 
 
Sincerely, 
 
 
 
Patricia A. McNerney 
Acting, Assistant Secretary for International Security and 
Nonproliferation 
Department of State 
 
Matthew S. Borman 
Acting, Assistant Secretary for Export Administration 
Department of Commerce 
 
End letter. 
 
Begin Recommended Elements for Implementation of the Export 
Control Law: 
 
Recommended Elements to Implement the Export Control Law 
 
Control List 
 
The export control law provides the UAE government the 
ability to make revisions to items under control.  We 
recommend the UAE stay current with the multilateral export 
control regimes.  The control lists published with the law 
passed on August 30, 2007 do not completely cover the four 
regimes (i.e., the Wassenaar Arrangement, Nuclear Suppliers 
Group, Australia Group, and the Missile Technology Control 
Regime).  We recommend adopting the European Union,s (EU) 
Control List because it is a compilation of all four regime 
lists. 
 
Executive Agency 
 
Creation of an Executive Agency is recommended in order to 
administer the export control system. 
 
Regulations and Licensing Procedures 
 
We recommend regulations be developed and promulgated 
informing the public of the new requirements and procedures. 
These regulations should establish what items are controlled, 
i.e., items stipulated on the control lists or items that are 
for a weapons of mass destruction or terrorist end users or 
end uses; how licenses are applied for, reviewed and decided 
upon; record keeping requirements; appeal procedures; and 
administrative and criminal penalties.  In addition, internal 
procedures to classify items and review export license 
applications should be also be included. 
 
Industry Outreach Strategy 
 
We recommend ongoing outreach to industry on the new law and 
its implementation. This is a critical part of an effective 
export control system. 
 
Investigations: Identifying Illegal Trade 
 
Preventative enforcement measures, as well as enforcement 
targeting and inspection techniques and strategies, are an 
important part of a comprehensive export control system.  In 
addition, mechanisms to coordinate with the executive 
authority and local authorities on suspect shipments and 
investigations of possible violations are necessary to 
execute the new law. 
 
Prosecutions:  Administrative and Criminal Actions 
 
Ensuring prosecutors and judges understand the 
legal/regulatory requirements of the new federal export 
control law and the development of the necessary operational 
mechanics for prosecuting export control cases is another 
critical aspect of a robust export control system. 
Procedures for administrative actions, such as fines and 
suspension of exporting privileges, are an additional tool 
useful to fully implement the new law. 
 
End letter. 
 
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BACKGROUND 
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STATE 00053868  003 OF 003 
 
 
¶4. (S) On February 25, Acting ISN Assistant Secretary 
Patricia McNerney led an interagency delegation for the third 
CTF meeting with the UAEG (ref A). During this meeting, the 
UAEG asserted that it was enforcing the 2007 export control 
law, but was in the process of amending it to make it easier 
to implement and enforce. Prior to the CTF, the U.S. held a 
legal and regulatory workshop in September 2007 for the UAEG 
legal team responsible for the UAE's export control law (ref 
C). It was clear from the discussions during the workshop 
that the UAEG was still grappling with the complexities of 
implementing the new export control system. Further, during 
A/AS McNerney,s meetings she was told that the UAEG lacked 
expertise in implementing the law and that its licensing 
process was confusing (ref B).  To assist the UAEG in 
implementing its export control law and capitalize on the 
momentum created from the CTF and the September 2007 workshop 
we want to offer a follow-on workshop for the same UAEG 
experts that were in attendance in September 2007. 
 
End background. 
 
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REPORTING DEADLINE 
------------------ 
 
¶5. (U) Please report response by June 3, 2008. 
 
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POINT OF CONTACT 
---------------- 
 
¶6. (U) Department point of contact for follow-up is Chris 
Herrington ISN/CPI (202) 647-5035. Please slug all responses 
for ISN, T, and NEA. Washington appreciates Post,s 
assistance. 
RICE