VZCZCXYZ0001
PP RUEHWEB

DE RUEHC #9696 0341827
ZNY CCCCC ZZH
P 031818Z FEB 09
FM SECSTATE WASHDC
TO AMEMBASSY ASHGABAT PRIORITY 0622

C O N F I D E N T I A L STATE 009696 
 
SIPDIS 
 
E.O. 12958: DECL: 02/03/2019 
TAGS: ADPM AMGT PREL TX
SUBJECT: POUCH PROBLEM IN ASHGABAT 
 
REF: ASHGABAT 152 
 
Classified By: Deputy Assistant Secretary George Krol, for reasons 1.4 
(b) and (d). 
 
 ¶1. (C) In response to posts reporting (reftel) that the new 
Chief 
of Airport Customs has requested a diplomatic note in order 
to release 
each diplomatic pouch on arrival in country, post is 
authorized to 
transmit the text in paragraph 2 by diplomatic note to the 
Ministry 
of Foreign Affairs. Post may use its discretion to determine 
the 
appropriate timing for transmitting the diplomatic note should 
this issue remain unresolved. 
 
¶2. (U) Text of the diplomatic note: 
 
The Embassy of the United States of America presents its 
compliments 
to the Ministry of Foreign Affairs of Turkmenistan and has 
the honor 
to refer to the request of Customs officials at the Ashgabat 
Airport 
that the Embassy transmit a Note to the Ministry of Foreign 
Affairs 
regarding the diplomatic bag before it will release of the 
diplomatic 
bag to a representative of the Embassy. 
 
As the Ministry is aware, the treatment to be accorded a 
diplomatic 
bag is governed by international law.  Specifically, Article 
27(3) 
of the Vienna Convention on Diplomatic Relations prohibits a 
receiving state from opening or detaining the diplomatic bag. 
 
The Customs officials' action, in not immediately releasing 
the 
diplomatic bag upon its arrival, constitutes a detention of 
the bag 
inconsistent with the Vienna Convention on Diplomatic 
Relations. 
The Embassy reminds the Ministry that the treatment to be 
accorded 
the diplomatic bag is a vital component of the receiving 
state's 
duty to protect the free communication of the mission and to 
accord 
the Embassy "full facilities for the performance of the 
functions 
of the mission."  Vienna Convention on Diplomatic Relations, 
Art. 27(1) & 25. 
 
In addition, the Ministry itself has not advised the Embassy 
of 
any new procedures regarding the diplomatic bag (such as 
those 
insisted upon by Customs officials) and upon investigation 
the 
Embassy has learned that other missions have not been faced 
with 
similar requests.   The Embassy reminds the Ministry of the 
receiving state's obligation not to discriminate between 
states. 
Vienna Convention on Diplomatic Relations, Art. 47.  Finally, 
the Embassy assures the Ministry that the United States 
Government, 
as a receiving state, imposes no obligations on sending 
states, 
including the Government of Turkmenistan, that in any way 
burden 
the vital right of sending states to communicate with their 
missions 
by use of the diplomatic bag.   The Embassy thus requests 
assurances 
that the Ministry will strictly observe the Vienna Convention 
on 
Diplomatic Relations requirements with regard to the 
diplomatic bag, 
including especially the prohibition against its detention. 
The 
Embassy of the United States of America avails itself of this 
opportunity to renew to the Ministry of Foreign Affairs of 
Turkmenistan the assurances of its highest consideration. 
 
End text. 
 
CLINTON