VZCZCXYZ0000
OO RUEHWEB

DE RUEHC #9654 2612058
ZNR UUUUU ZZH
O 172051Z SEP 08
FM SECSTATE WASHDC
TO AMEMBASSY KYIV IMMEDIATE 0000

UNCLAS STATE 099654 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KNNP KTIA MNUC PARM PHSA PREL UP
SUBJECT: SEEKING PROGRESS ON PSI SHIPBOARDING AGREEMENT 
WITH UKRAINE 
 
REF: STATE 032521 
 
 SENSITIVE BUT UNCLASSIFIED. PLEASE PROTECT ACCORDINGLY. 
 
¶1. (SBU) OBJECTIVES:  Washington remains committed to 
completing a bilateral shipboarding agreement with 
Ukraine under the Proliferation Security Initiative (PSI) 
and is prepared to send an interagency team of experts 
to Kyiv to resolve remaining differences between the 
Ukraine-proposed and U.S.-proposed texts.  Although we 
understand the Ukrainian government (GOU) also wants to 
meet in Kyiv, we have not yet received official GOU 
feedback on whether the explanations we provided them in 
February (reftel) have resolved any of their concerns. 
We need to obtain GOU feedback to develop solutions and 
mutually acceptable compromises before holding our next 
meeting. 
 
¶2. ACTION REQUESTED:  Embassy is requested to obtain the 
necessary substantive feedback from appropriate host 
government officials, and to propose dates for a meeting 
in Kyiv.  Embassy may draw on or deliver the points in 
paragraph 4 below. 
 
¶3. (SBU) BACKGROUND:  Since 2004 we have been negotiating 
with Ukraine a Proliferation Security Initiative (PSI) 
shipboarding agreement, which will be a key means of 
making the PSI operational between our countries and 
expediting requests to board U.S. or Ukrainian flagged 
vessels suspected of trafficking in WMD-related items. 
In February 2008 in Washington, U.S. and Ukrainian 
experts held a useful half-day meeting on this proposed 
agreement (reftel). The U.S. experts discussed U.S. 
concerns with the latest Ukrainian-proposed draft text 
and explained the reasons for U.S. positions, including 
USG legal constraints.  The Ukrainians explained the 
rationales behind their proposals. 
 
¶4. Begin points on PSI Shipboarding Agreement: 
 
-- The U.S. considers the February 13 meeting in 
Washington on the draft shipboarding agreement to have 
been very useful.  We were able to discuss each side's 
concerns in sufficient detail so that each side obtained 
a much better understanding of the other,s positions. 
 
-- During and after the February 13 meeting, the U.S. 
provided additional informational materials to the 
Ukrainian MFA: 
 
   - An explanation of U.S. procedures for settling 
claims for damages during ship boardings, in English 
and Ukrainian; 
   - Draft bilingual forms for communications between the 
Competent Authorities of the Parties; 
   - The U.S. Coast Guard's procedures for the use of 
force, in English; 
   - A U.S. summary report of the February 13 meeting. 
 
-- We would like to receive any feedback Ukraine has on 
 these documents. 
 
-- We believe the next step toward completing the 
shipboarding agreement is to receive Ukraine,s current 
positions.  In order to be well-prepared for the next 
meeting, the U.S. team needs to receive a statement in 
advance identifying which issues remain of concern to 
Ukraine and which questions have been resolved in 
Ukraine,s view. 
 
-- The U.S. is very interested in completing this 
agreement and wants to continue working closely with 
Ukraine toward that end. A U.S. expert team is available 
and willing to visit Kyiv for another round of talks at 
a mutually convenient time. U.S. experts would be 
available for meetings in the second half of October 
(any time from October 16-28).  We believe that at least 
two days will be needed to address all remaining issues. 
 
-- If Ukraine considers it helpful, the U.S. team could 
provide a briefing on the scenarios featured in tabletop 
exercises we conducted this spring with Malta and Croatia 
to practice implementation of our bilateral shipboarding 
agreements with those countries.  We could conduct a 
similar tabletop exercise with Ukraine's operational 
personnel once the provisions of the shipboarding 
agreement are finalized. 
 
¶5.  REPORTING DEADLINE AND POINTS OF CONTACT: Embassy 
is requested to obtain and report host government 
response no later than September 29, 2008.  Washington 
points of contact are Jane Purcell, ISN/CPI, e-mail: 
PurcelJa@state.gov, 202-647-6186; and J. Ashley Roach, 
L/OES, e-mail: RoachJA@state.gov, 202-647-1646. 
Department much appreciates Post's assistance. 
RICE