VZCZCXRO1682
PP RUEHDE RUEHDIR
DE RUEHKU #0816 2020331
ZNR UUUUU ZZH
P 200331Z JUL 08
FM AMEMBASSY KUWAIT
TO RUEHC/SECSTATE WASHDC PRIORITY 1884
INFO RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE PRIORITY
RUEHEG/AMEMBASSY CAIRO PRIORITY 1116
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY

UNCLAS KUWAIT 000816 
 
SIPDIS 
 
DEPT FOR NEA/ARP, L/LEI 
 
E.O. 12958: N/A 
TAGS: CJAN CASC CPAS CVIS SNAR KCRM IS KU
SUBJECT: GOK CABINET APPROVES NEGOTIATIONS ON US/KUWAIT 
MUTUAL LEGAL ASSISTANCE TREATY 
 
REF: STATE 42487 
 
 Summary 
---------- 
¶1.  (U)  On July 9 Department of Justice (DOJ) Attach 
(Cairo) Jeffrey Cole and Econoff met with Counselor Hamad 
Al-Marri, Deputy Director, Legal Department, Ministry of 
Foreign Affairs (MFA) to follow-up on previous discussions in 
March regarding promoting mutual legal assistance in criminal 
matters between the GOK and the USG.  DOJ and Embassy 
officials met several times over the past year with GOK 
officials to discuss mutual cooperation in criminal matters, 
but were unsuccessful in reaching an agreement.  While the 
Kuwaitis agreed to go forward with MLAT negotiations, they 
appear unwilling to provide assistance to the USG based on 
the United Nations Convention Against Corruption (UNCAC). 
The Kuwaitis noted that if an MLAT between the two nations 
were in place, they could provide us the assistance we 
required.  Both DOJ and Econoff pointed out that it would be 
the first MLAT the United States would have with a country in 
the Gulf Region.  End Summary. 
 
Encouraging News 
----------------------- 
¶2. (U) During a very encouraging discussion on July 9 with 
Counselor Hamad Al-Marri, Deputy Director, Legal Department, 
MFA, Al-Marri told Mr. Cole and Econoff that the Cabinet 
Council had recently approved negotiating an MLAT with the 
United States and believed this would allow the USG access to 
the records it needed.  (Note: Seeing the need to find a 
suitable mechanism for cooperation between governments, both 
parties agreed on the proposal for an MLAT during prior 
discussions in March 2008. End Note.) He said it appeared 
unlikely that the USG would receive assistance relying on 
UNCAC because, the assistance the USG wanted was in conflict 
with Kuwaiti domestic law.  However, he believed that an MLAT 
would allow Kuwait to circumvent the domestic law issue. 
Al-Marri also mentioned Kuwait's interest in a civil and 
commercial treaty, but believed it was not of much interest 
to the United States at this time.   Mr. Cole said he was 
encouraged by the news and thanked both Al-Marri and Dr. 
Al-Ansari for their efforts in promoting mutual legal 
assistance.  He also explained that the USG had a process 
that it needed to go through before it could agree to 
negotiations, assuring them the USG had a vested interest in 
approving the MLAT. 
 
 
Next Steps 
---------- 
 
¶3.  (U)  Counselor Al-Marri stated that the Kuwaiti Attorney 
General (AG) would issue a letter to the Embassy in Kuwait 
within one week asking that the USG move forward with MLAT 
negotiations.  He also ensured Mr. Cole that MFA was working 
on updating a 15 year old draft of an MLAT (Note:  Dr. 
Al-Ansari claims that in the early nineties, the GOK proposed 
signing an MLAT with the USG, which he had drafted, but 
received no response. End Note.) and would deliver the 
document to the Embassy within one month.  Econoff will 
follow-up with MFA on the letter from the AG and encourage 
completion of the MLAT by the GOK.  Post will keep the 
Department and DOJ/OIA apprised of any further developments. 
 
 
 
 
********************************************* * 
For more reporting from Embassy Kuwait, visit: 
http://www.state.sgov.gov/p/nea/kuwait/?cable s 
 
Visit Kuwait's Classified Website: 
http://www.state.sgov.gov/p/nea/kuwait/ 
********************************************* * 
JONES