VZCZCXYZ0001
RR RUEHWEB

DE RUEHC #5548 3311935
ZNR UUUUU ZZH
R 261929Z NOV 08
FM SECSTATE WASHDC
TO RUEHAS/AMEMBASSY ALGIERS 2230
RUEHFR/AMEMBASSY PARIS 1941
RUEHRO/AMEMBASSY ROME 8675
RUEHTU/AMEMBASSY TUNIS 1432
RUCNDT/USMISSION USUN NEW YORK 3989
INFO RUEATRS/TREASURY DEPT WASHINGTON DC 9996

UNCLAS STATE 125548 
 
SENSITIVE 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: EFIN KTFN PREL PTER UNSC
SUBJECT: UNSCR 1267: ENGAGING WITH ITALY, FRANCE, ALGERIA 
AND TUNISIA REGARDING A DELISTING REQUEST FOR MONDHER 
BAAZAOUI 
 
¶1. (U) This is an action request.  Please see paragraph 4 
through 6. 
 
------------------------- 
BACKGROUND AND OBJECTIVES 
------------------------- 
¶2. (SBU) In July 2003, the USG co-sponsored a request by the 
Government of Italy to list under the UNSCR 1267 
(al-Qaida/Taliban sanctions) regime Mondher Baazaoui, a 
Tunisian citizen currently resident (and under house arrest) 
in France.  In 2003, Baazaoui was convicted "of an offence 
under ordinary law" (no further information on the offense 
was provided in Baazaoui's de-listing petition) in Italy, and 
in February 2004 was convicted by the Paris criminal court 
and sentenced to five years in prison for involvement in a 
conspiracy to commit a terrorist act.  He has been living 
since March 11, 2005 under house arrest in Digne les Bains, 
France.  Baazaoui petitioned recently for de-listing from 
1267 sanctions via the UN Focal Point on the grounds that he 
received a heavy sentence for his participation in events 
which occurred in 1996 and 1997 and now aspires to lead a 
normal life with his new family.  The Focal Point was 
established pursuant to UNSCR 1730 and allows all UN-listed 
individuals and entities to petition directly for de-listing 
rather than relying on a UN Member State.  Pursuant to the 
process established in UNSCR 1730, the designating 
governments -- in this case the USG and Italy (please 
protect) -- as well as the governments of residence (France) 
and citizenship (Tunisia) are encouraged to consult with one 
another in order to help them evaluate the merits of the 
de-listing case.  In three months from receipt of the 
de-listing petition (in Baazaoui's case, December 31, 2008), 
the reviewing governments can opt either to support, deny, or 
not take a position on the de-listing petition.  Thereafter, 
the full 1267 Committee will have an opportunity to review 
the petition, learn of any decisions by the reviewing 
governments to support or deny the petition, and either 
support the decision(s) of the reviewing governments or lobby 
for a different outcome.  All committee de-listing decisions 
are taken by consensus. 
 
¶3. (SBU) In the case of Baazaoui, we believe the governments 
of Italy and France, as well as possibly Tunisia and Algeria, 
will have more information pertinent to Baazaoui's case than 
is available to the USG.  We would like to pose specific 
questions to each of these governments in order to help us 
fully evaluate the merits of Baazaoui's petition and come to 
an informed decision to either support or deny Baazaoui's 
request. 
 
-------------- 
ACTION REQUEST 
-------------- 
¶4.  (SBU) Action addressees should ask Italian, French, 
Tunisian and Algerian interlocutors if they support 
de-listing for Baazaoui.  If they support de-listing, why, 
and if they do not support his de-listing request, why not, 
and do they have any additional information that they could 
provide to us that would help up come to an informed 
decision? 
 
¶5. (SBU) For Embassy Rome: Does Italy (the primary 
designating state in 2003) have any information that they can 
share indicating that Baazaoui has disassociated himself from 
the activities that caused the GOI to seek his designation? 
 
¶6. (SBU) For Embassy Paris: Does France (Baazaoui's state of 
location) have any relevant information regarding Baazaoui's 
activities during his time in France? 
 
--------------------------------------- 
REPORTING DEADLINE AND POINT OF CONTACT 
--------------------------------------- 
¶7. (U) Action addressees should report by December 5 on the 
results of their engagement. 
 
¶8. (U) Questions may be directed to IO/PSC (Erin Crowe, 
202-736-7847). 
RICE