VZCZCXYZ0000
OO RUEHWEB

DE RUCNDT #0096/01 0531855
ZNY CCCCC ZZH
O 221855Z FEB 10
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 8209
INFO RUEHGG/UN SECURITY COUNCIL COLLECTIVE IMMEDIATE
RUEHBK/AMEMBASSY BANGKOK IMMEDIATE 0693
RUEHUL/AMEMBASSY SEOUL IMMEDIATE 1260
RUEATRS/DEPT OF TREASURY WASHDC IMMEDIATE
RHEHNSC/NSC WASHDC IMMEDIATE

C O N F I D E N T I A L USUN NEW YORK 000096 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: DECL: 02/22/2020 
TAGS: PREL PHUM ETTC MCAP KN UNSC
SUBJECT: DPRK: THAILAND PERM REP PLEDGES COOPERATION ON 
ARMS SEIZURE 
 
Classified By: Amb. Alejandro Wolff for Reasons 1.4 (B), (D) 
 
¶1.  (C) SUMMARY: Thai Perm Rep Sinhaseni briefed Amb. Wolff 
on Thailand's actions following its December seizure of arms 
being shipped from North Korea in violation of UNSCR 1874. 
Sinhaseni explained that Thailand had reported the incident 
to the Security Council's North Korea Sanctions Committee 
("1718 Committee"), but had not yet received a formal 
response.  He pledged Thailand's full cooperation with the 
1718 Committee and the Panel of Experts (POE), an UN team 
mandated to monitor sanctions implementation, but 
acknowledged that Thailand had preferred not to invite the 
POE to visit Bangkok until after the intense press interest 
had died down.  Wolff commended Thailand's seizure and 
encouraged Thailand to invite the POE to visit soon. 
Sinhaseni pledged that an invitation would be forthcoming. 
In response to questions about Thailand's obligations under 
UNSCR 1874 to "dispose" of the seized cargo, Wolff explained 
that there were many permissible options for disposal, 
provided that the cargo not be sent to its origin or onward 
to the intended destination.  END SUMMARY. 
 
¶2. (C) On February 19, Thai Perm Rep Sinhaseni briefed Amb. 
Wolff on Thailand's actions following its December seizure of 
arms being shipped from North Korea in violation of UNSCR 
¶1874.  Sinhaseni praised U.S.-Thailand cooperation that led 
to the initial seizure, which Wolff characterized as a 
commendable model for other States to follow.  Sinhaseni 
noted that Thai courts had declined to prosecute the crew of 
the aircraft, but that Thailand had been in touch with the 
crews' home states (Kazakhstan and Belarus) to encourage them 
to investigate whether their citizens had violated laws. 
Interestingly, Sinhaseni observed, no party had stepped 
forward to claim the airplane or the cargo.  He noted that 
Thailand had reported the seizure to the Security Council's 
North Korea Sanctions Committee ("1718 Committee") in late 
December, but that the Committee had still not responded 
formally.  (NOTE: The Committee is expected to send a 
response letter on February 23; this letter was held up for 
several weeks due to disagreements within the Committee over 
its precise wording.  END NOTE). 
 
¶3. (C) Sinhaseni said that the Royal Thai Government was 
committed to cooperating with the 1718 Committee and the 
Panel of Experts (POE), a UN team established in UNSCR 1874 
to help monitor and improve sanctions implementation.  He 
noted that the POE had reached out to the Thai mission in 
January to arrange a mutually-convenient time for the POE to 
visit Thailand to inspect the cargo.  Sinhaseni acknowledged, 
however, that Thailand preferred a later date for the POE's 
visit to allow time for the intense press interest to die 
down.  Wolff explained that the POE was interested in 
inspecting the seized items as part of its broader 
investigation into the incident.  The POE could then, he 
said, determine what other states and entities were involved 
in the illicit transfer.  In response, Sinhaseni said 
Thailand would "definitely welcome the POE" and extend an 
invitation in time to allow the POE to include its findings 
in its final report (due to the Security Council May 12). 
Wolff encouraged Thailand to extend the invitation soon, 
"while the trail is fresh." 
 
¶5.  (C) Wolff noted that, pursuant to UNSCR 1874, Thailand is 
obligated to "seize and dispose" of the contraband. 
Sinahensi explained that Thai officials were interested in 
determining the precise meaning of "dispose."  They 
understood that in different UN contexts -- for example, the 
arms embargo imposed in UNSCR 1907 on Eritrea -- disposal was 
defined as "to destroy or render inoperable."  Sinhaseni 
explained that Thai authorities had heard from U.S. officials 
that selling or retaining for internal use might also be 
viable options.  Wolff emphasized that under no circumstances 
should the cargo be returned to its origin or the intended 
destination, but, within those parameters, there was a 
certain degree of latitude. 
 
¶6.  (C) As follow-up to Wolff's meeting with Sinahensi, USUN 
intends to work with both the POE and the Thai mission to 
ensure that a mutually-convenient date is found for a POE 
visit to Bangkok, preferably no later than mid-March.  USUN 
will also work with the chair of the 1718 Committee to 
brainstorm options to help states like Thailand that are 
confused about their precise obligations after detecting 
illicit shipments.  For example, the Committee may wish to 
post on its website generic background information about the 
POE's role in investigating these violations or to prepare 
guidance for states about the precise meaning of the word 
 
"dispose" in UNSCR 1874. 
 
RICE