Following
up on PM PDAS Countryman's January 14 meeting with the Malaysian
Ambassador to Washington about the missing F-5 engines case (ref E), DCM
reiterated to Zainol the seriousness with which we view this issue and
that we look forward to a full report/accounting by the GOM. This was
necessary to ensure the US has the "fullest confidence" in Malaysia's
ability to handle and account for sensitive defense equipment.
THE CORRIDORS OF POWER
Raja Petra Kamarudin
S E C R E T SECTION 01 OF 03 KUALA LUMPUR 000049
SIPDIS
FOR EAP/MTS, ISN, PM AND INR
E.O. 12958: DECL: 01/20/2030
TAGS: PREL, KNNP, PARM, IAEA, MNUC, PGOV, IR, MY
SUBJECT: MALAYSIA: MFA VIEWS ON NON-PRO, IAEA, AND EXPORT CONTROL LAW
REF: A. 09 STATE 126209 -- U.S. APPROACH TO NPT CONFERENCE
B. 09 STATE 128736 -- NEXT STEPS WITH MALAYSIAN ON
PROLIFERATION
C. 09 KL 917 -- EINHORN MEETINGS IN KUALA LUMPUR
D. 09 KL 977 -- GOM STATEMENT ON IAEA VOTE
E. STATE 5003 -- PM A/S MEETING WITH MALAYSIAN
AMBASSADOR
Classified By: Political Counselor Brian D. McFeeters for reasons 1.4 b and d.
Summary
1.
(S) The DCM met with MFA Deputy Secretary General Zainol Abidin Omar on
January 15 to convey Ref A talking points and to discuss a range of
other counter-proliferation and export control-related issues (refs A
and B). Referencing special information that was provided to the GOM in
early-November by S/SANAC Einhorn, Zainol said that the GOM was still
looking into Malaysian companies suspected of illegal transshipment
activities involving Iran, but otherwise no concrete actions had been
taken.
DCM urged the GOM to "redouble" its efforts in this
area. Zainol advised that his government was still deliberating
internally the disposition of dual-use components and equipment that
were seized by Malaysian authorities on December 25 from a Middle
East-bound vessel.
Regarding a new Export Control law, Zainol
said that it was now under near-final review at the Attorney General's
office, but he offered no timeline on when the bill might be presented
to parliament. On the fate of their Ambassador (Arshad) to the IAEA,
Zainol indicated that naming of a successor was a sensitive issue and
that it may take several weeks (or longer) for a final decision.
Zainol
did state that, in the interim, Arshad was still Chairman of the IAEA
Board of Governors. DCM encouraged the GOM to move quickly on a
replacement to clear up the "confusion" at the IAEA on Arshad's status.
Zainol welcomed the Jan 28 visit by ISN acting Assistant
Secretary Van Diepen and delegation. He confirmed that the GOM would
participate in EXBS-sponsored training in March and expressed interest
in sending officials for additional export control-related training at
the University of Georgia in April. DCM briefly raised the missing F-5
engines case.
End Summary.
2. (C)
DCM Rapson and Poloff Nathan met with Ambassador Zainol Abidin Omar, the
Deputy Secretary General in charge of multilateral affairs at MFA on
January 15.
(
Note: Zainol is the no. 5 ranking officer in the MFA after the Foreign Minister, two Deputy Ministers and the Secretary General.
End Note).
Also
in attendance from the MFA were Under Secretary for non-proliferation
Bala Chandra Tharman, Principal Assistant Secretary for
non-proliferation Shazryll Zahiran, and Principal Assistant Secretary
for United States affairs Muhammad Radzi bin Jamaluddin. The discussion
was cordial and went for an hour-plus.
3. (S) The DCM recalled
Special Advisor for Non-Proliferation Einhorn's November 4 meeting with
MFA Secretary General Rastam (ref C), during which Einhorn provided the
MFA a special list of companies of concern that were engaging in
transshipment activities with Iran, and asked for a status update on any
GOM decisions or actions with respect to the listed companies.
Zainol
replied "We have requested security agencies to initiate their
investigations," but added that, thus far, "the investigation has not
been able to unearth any activities that are in contravention to UN
resolutions." The DCM emphasized that the U.S. has "strong concerns"
about the companies listed and their activities, and urged the GOM to
"redouble" its efforts in this area. Zainol acknowledged this request
and said the GOM would "welcome any additional information on those
companies." He noted that the Foreign Ministry has the inter-agency
lead on non-proliferation issues, and that bilateral requests for
cooperation and assistance on these types of issues should be "funneled
through the MFA."
Update on the Christmas Day Seizure
4.
(S) DCM thanked and briefly queried about the status of the shipment of
dual-usage parts and equipment seized by the GOM from a middle
east-bound vessel over the Christmas day holiday.
Zainol
replied that all the information they can share has been separately
channeled to the relevant U.S. agencies. Zainol did note that they
(the GOM) are still conducting their internal investigation on whether
or not the equipment and parts seized were of dual-use concern as the
USG is alleging.
(
Comment: Zainol declined to
offer any info on current disposition of the seized shipment, although
his comments clearly implied that the consignment was still under GOM
control. Moreover, he provided no indication that the GOM would be
reaching out to the UN Security Council for guidance on evaluation and
analysis and handling of the seized shipment as had been indicated to us
through liaison channels.
End comment.)
Export Control Law in Final Stages, but...
5.
(C) Zainol confirmed that the GOM "is in the final stages" of drafting
the export control law bill, and said that the draft is currently with
the Attorney General's office.
Zainol did not want to speculate
when the AG's office would finish its review and when the bill would be
presented to parliament, given, he said, that there are a range of
other "urgent" issues on the PM, AG's, and Parliament's plate such as
review and revision of the controversial Internal Security Act (ISA).
Zainol
opined that the process could "take some time" as the AG's office needs
to consider how an export control law would tie into and affect
existing laws. Zainol concluded by noting that once the proposed bill
was finalized, it "would be introduced to parliament at the appropriate
time."
DCM thanked Zainol for this update and recalled the
high priority both the PM and Foreign Minister placed late last year on
early passage of the export control law. He noted that the USG stands
ready to assist the GOM, including through the provision of training and
technical assistance (see para 8, below).
Van Diepen Delegation Visit
6.
(SBU) The DCM previewed the January 28th visit of ISN acting Assistant
Secretary Van Diepen and delegation, thanking Zainol for agreeing to
meet with the A/S and for assembling an interagency team on the
Malaysian side for that meeting at MFA. The DCM confirmed that we are
also seeking separate appointments for the delegation at MITI, the
Attorney General's offices and the PM's office. Zainol said he look
forward to the discussions with A/S Van Diepen and welcomed further
engagement with the U.S. on non-proliferation and export control issues.
IAEA and the Status of Ambassador Arshad
7.
(C) The DCM asked Zainol for clarification on the status of Malaysia's
Ambassador to the IAEA (and co-current Chairman of the IAEA Board of
Governors) Arshad (Ref D), noting that there have been some confusing
signals of late emanating from various sources about his recall and the
naming of a successor.
Zainol was coy on providing a direct
answer, and would only say that "at the moment, we are unable to say
anything," other than that he (Arshad) "is still chair of the IAEA Board
of Governors" until a new Ambassador is identified.
Zainol
explained that there is a delay because "the nomination of a new
ambassador is very sensitive," adding that "the process takes a few
weeks." The DCM recalled the Foreign Minister's public comments on this
subject last month and recent senior level communications we have
received from the GOM.
Training and Enhancing Engagement
8.
(SBU) Zainol welcomed increased interaction and engagement between the
USG and GOM on the non-proliferation front. He confirmed that the GOM
planned to participate in an EXBS-sponsored non-proliferation workshop
in March 2010, and was interested in sending two candidates to the
University of Georgia within the next few months for more specialized
and extensive export control-related training.
Zainol
commented that the MFA has been preparing for the Nuclear Security
Summit in Washington this April, which PM Najib will attend. DCM Rapson
noted USG interest in having Malaysia's Attorney General visit
Washington for discussions on a range of bilateral issues, including the
export control law.
Missing F-5 Engines
9.
(C) Following up on PM PDAS Countryman's January 14 meeting with the
Malaysian Ambassador to Washington about the missing F-5 engines case
(ref E), DCM reiterated to Zainol the seriousness with which we view
this issue and that we look forward to a full report/accounting by the
GOM. This was necessary to ensure the US has the "fullest confidence"
in Malaysia's ability to handle and account for sensitive defense
equipment.
Zainol replied that "we are seriously concerned"
and that the GOM "fully understands that this is an obligation we have
to undertake," but also added that "my department is only concerned with
nuclear non-proliferation" and that "we (MFA) are not the lead on the
issue."
When asked about those arrested for their alleged
involvement with the F-5 engines, Zainol replied that the issue "is now
before the court, so it's difficult to offer any further comment."
KEITH