State Department cable updating diplomatic posts and providing talking points on a variety of subjects that may be inquired about, such as: i) Fugitive Christian Longo being captured in Mexico; ii) U.S. Venezuela relations; iii) War on Terror; iv) Canadian exports to the U.S. containing hemp; and v) NAFTA and arbitration procedures.
UNCLASSIFIED
tq
Curr'ent Class: UNCLASSIFIED Page : 1
Current Handling: n/a
Document Number: 2002STATE009434 Channel: n/a
PT05556
UNCLASSIFIED
009434 162225Z
PAGE 01 STATE
RELEASED IN FULL
ORIGIN WHA-00
NP-00 COME-00 DODE-00 DOTE-00
MEDE-00 EAP-00 EUR-00
INFO LOG-00 AMAD-00 A-00
EB-00 FAAE-00 UTED-00 VC-00
H-01 JUSE-00 L-00 DCP-01
TEDE-00 I0-00 VCE-00
NSCE-00 OIC-02 SS-00
PA-00 TEST-00 USIE-00 R-00
SNIS-00 NISC-00 PRM-00 SAS-00
DRL-02 /006R
009434
SOURCE: CBLEXCLS.009658
DRAFTED BY: WHA/PDA:LSHAMILTON -- 01/16/2002 647-4726
APPROVED BY: WHA/PDA:CVBARCLAY
PA: RBOUCHER (SUBS)
DESIRED DISTRIBUTION:
DRL/BA-DMTITUS, H-MTREJO, NSC-FARMSTRONG
58DB5D 162227Z /38
P R 162220Z JAN 02
FM SECSTATE WASHDC
TO WESTERN HEMISPHERIC AFFAIRS DIPL POSTS PRIORITY
AMEMBASSY COPENHAGEN PRIORITY
AMEMBASSY DUBLIN PRIORITY
AMEMBASSY LISBON PRIORITY
AMEMBASSY LONDON PRIORITY
AMEMBASSY MADRID PRIORITY
AMEMBASSY PARIS PRIORITY
AMEMBASSY PORT AU PRINCE PRIORITY
AMEMBASSY ROME PRIORITY
AMEMBASSY THE HAGUE PRIORITY
AMEMBASSY TOKYO PRIORITY
AMCONSUL RIO DE JANEIRO PRIORITY
USMISSION GENEVA PRIORITY
UNCLASSIFIED
009434 162225Z
INFO AMCONSUL CIUDAD JUAREZ
AMCONSUL NUEVO LAREDO
AMCONSUL SAO PAULO
AMCONSUL TIJUANA
USMISSION USUN NEW YORK
USCINCTRANS INTEL CEN SCOTT AFB IL
USCINCLANTFLT NORFOLK VA
USCINCSO MIAMI FL
USCINCSO MACDILL AFB FL //POLAD
PAGE 02 STATE
Current Class: UNCLASSIFIED , Page: 1
UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: SHARON E AHMAD
DOS-002255
DATE/CASE ID: 26 OCT 2004 200303827
UNCLASSIFIED
UN-CLASSIFIED
Current Class: UNCLASSIFIEmPage: 2
• Current Handling: n/a
Document Number: 2002STATE009434 Channel: n/a
UNCLAS STATE 009434
ALL POSTS FOR PAO, USSOCOM FOR POLAD
E.O. 12958: N/A
TAGS: OPRC, KPAO
SUBJECT: WHA GUIDANCE, JANUARY 16, 2002
SUMMARY OF CONTENTS:
1.
WHA PRESS GUIDANCE, JAN 16 (MEXICO, VENEZUELA)
2.
L CONTINGENCY PRESS GUIDANCE, JAN 16 (CANADA/NAFTA)
2.
S/WCI PRESS GUIDANCE, JAN 15 (GUANTANAMO/DETAINEES)
3.
PRM CONTINGENCY PRESS GUIDANCE, JAN 15
(GUANTANAMO/DETAINEES)
END SUMMARY. '
1. WHA PRESS GUIDANCE, JANUARY 16, 2002
UNCLASSIFIED
PAGE 03 STATE 009434 162225Z
-- MEXICO: ARREST OF CHRISTIAN LONGO --
QUESTION: FUGITIVE CHRISTIAN LONGO, A U.S. CITIZEN ACCUSED OF
MURDERING HIS FAMILY, WAS DETAINED BY MEXICAN AUTHORITIES ON
JANUARY 13 AND TURNED OVER TO U.S. AUTHORITIES ON JANUARY 14.
DID THE STATE DEPARTMENT PLAY A ROLE? HOW WAS THE HAND-OVER
TO U.S. AUTHORITIES ARRANGED SO QUICKLY?
A: MR. LONGO WAS DEPORTED BY MEXICO. AS THIS DID NOT
INVOLVE A FORMAL EXTRADITION, THE STATE DEPARTMENT PLAYED NO
ROLE IN LONGO'S HAND-OVER TO U.S. AUTHORITIES.
BECAUSE THIS IS A PENDING LAW ENFORCEMENT MATTER, WE WOULD
REFER FURTHER INQUIRIES TO THE DEPARTMENT OF JUSTICE.
IF ASKED:
QUESTION: DID THE STATE DEPARTMENT REQUEST LONGO'S
EXTRADITION?
A: THE «VWTTED» «STATES» DID NOT FORMALLY REQUEST LONGO,S
EXTRADITION UNDER THE U.S.-MEXICO EXTRADITION TREATY.
-- VENEZUELA: STATUS OF U.S.-VENEZUELA RELATIONSHIP --
QUESTION: WHAT IS THE STATUS OF THE U.S. RELATIONSHIP WITH
VENEZUELA? IS THAT RELATIONSHIP DETERIORATING?
Current Class: UNCLASSIFIED Page: 2
DOS-002256
UNCLASSIFIED
N-CLASSIFIED
Current Class: UNCLASSIFIEu Page: 3
Current Handling: n/a
Document Number: 2002STATE009434 Channel: n/a
ANSWER: HISTORICALLY, THE U.S. AND VENEZUELA. HAVE ENJOYED A
MUTUALLY BENEFICIAL AND POSITIVE RELATIONSHIP. THE U.S. AND
VENEZUELA HAVE MANY INTERESTS THAT BIND US, FOR EXAMPLE, OUR
UNCLASSIFIED
PAGE 04 STATE 009434 162225Z
ENERGY AND ECONOMIC RELATIONSHIPS, AND OUR COOPERTION TO STEM
THE FLOW OF DRUGS.
THE WAR ON TERRORISM, THE STRENGTH OF CIVIL SOCIETY, FREEDOM
OF THE PRESS AND DEMOCRATIC INSTITUTIONS ARE ALSO IMPORTANT
MATTERS IN OUR DIALOGUE WITH COUNTRIES IN THE HEMISPHERE. WE
HAVE HAD SOME DIFFERENCES WITH VENEZUELA RECENTLY IN THESE
AREAS.
AS WE DO THROUGHOUT THIS HEMISPHERE AND ACROSS THE GLOBE, WE
WILL CONTINUE SPEAKING OUT ON MATTERS OF FUNDAMENTAL
IMPORTANCE TO THE U.S.
WE CONTINUE TO LOOK FOR WAYS TO KEEP OUR HISTORICALLY GOOD
RELATIONSHIP ON TRACK.
OUR INTEREST IS TO WORK WITH VENEZUELA ON THE HEMISPHERIC
AGENDA TO PROMOTE DEMOCRACY, PROMOTE REGIONAL INTEGRATION,
AND COMBAT TERRORISM.
2. L CONTINGENCY PRESS GUIDANCE, JANUARY 16, 2002
-- CANADIAN CORPORATION CHALLENGES RULES AND
ALLEGED POLICIES OF «UNITED» «STATES» REGARDING
FOOD PRODUCTS CONTAINING HEMP --
Q: HAS A CANADIAN COMPANY FILED A CLAIM AGAINST THE «UNITED»
«STATES» REGARDING THE «UNITED» «STATES», RULES AND POLICIES
PERTAINING TO HEMP FOOD PRODUCTS?
UNCLASSIFIED
PAGE 05 STATE 009434. 162225Z
A: ON JANUARY 14, 2002, KENEX, A CANADIAN CORPORATION, FILED
A NOTICE OF INTENT TO SUBMIT A CLAIM TO ARBITRATION UNDER
NAFTA CHAPTER ELEVEN.
Q: WHAT IS THE DIFFERENCE BETWEEN A NOTICE OF INTENT AND
FILING A CLAIM?
A: THE NAFTA PROVIDES THAT BEFORE AN INVESTOR MAY FILE A
CLAIM FOR ARBITRATION UNDER THE INVESTOR-STATE DISPUTE
Current Class: UNCLASSIFIED Page: 3
DOS-002257
UNCLASSIFIED
UNCLASSIFIED
Current Class: UNCLASSIFIED. Page: 4
Current Handling: n/a
Document Number: 2002STATE009434.Channel: n/a
RESOLUTION PROVISIONS OF THE NAFTA, IT MUST FIRST SUBMIT A
NOTICE OF INTENT TO FILE SUCH A CLAIM. THE INVESTOR MUST
WAIT AT LEAST 90 DAYS AFTER FILING ITS NOTICE OF INTENT
BEFORE IT MAY FILE A CLAIM AGAINST THE «UNITED» «STATES».
Q: WHY MUST THE INVESTOR WAIT 90 DAYS TO FILE ITS CLAIM?
WHAT WILL HAPPEN BETWEEN NOW AND 90 DAYS FROM NOW?
A: THE NAFTA PROVIDES THAT THE DISPUTING PARTIES SHOULD
FIRST ATTEMPT TO SETTLE A CLAIM THROUGH CONSULTATION OR
NEGOTIATION. WHEN INVESTORS HAVE REQUESTED TO MEET WITH U.S.
GOVERNMENT OFFICIALS BEFORE FILING A NOTICE OF ARBITRATION TO
DISCUSS THEIR CASE, THE STATE DEPARTMENT HAS HELD SUCH
MEETINGS. TO DATE, THE «UNITED» «STATES» HAS NOT RECEIVED ANY
REQUEST BY KENEX FOR A MEETING.
Q: WHAT NAFTA OBLIGATIONS DOES KENEX CONTEND HAVE BEEN
BREACHED?
A: KENEX CLAIMS THAT THE «UNITED» «STATES» HAS BREACHED THE
FOLLOWING PROVISIONS OF THE NAFTA: (I) ARTICLE 1102
UNCLASSIFIED
009434 162225Z
(NATIONAL «TRICAIMMMU5); (II) ARTICLE 1103 (MOST FAVORED NATION
«MUUUMMINT»); (IIII) ARTICLE 1104 (THE BETTER OF NATIONAL
TREATMENT AND MOST FAVORED NATION «TREATMENT») ; AND (IV)
ARTICLE 1105 (MINIMUM STANDARD OF «TRIVUMIENT5).
PAGE 06.STATE.
Q: DOES THE «UNITED» «STATES» THINK THAT IT WILL WIN THIS CASE?
A: KENEX HAS NOT YET FILED A CLAIM FOR ARBITRATION. WE ARE
NOT IN A POSITION AT THIS TIME TO COMMENT ON WHETHER THERE IS
ANY MERIT TO THE CLAIMS THAT KENEX HAS NOTIFIED US IT INTENDS
TO FILE.
Q:
TO DATE, HOW MANY CLAIMS HAVE BEEN FILED AGAINST THE
«UNTTED» «STATES» UNDER NAFTA CHAPTER ELEVEN (THE INVESTOR-STATE
DISPUTE SETTLEMENT PROVISION).
A.
THERE ARE FOUR PENDING CASES AGAINST THE «UNITED» «STATES».
NO DECISION ON THE MERITS HAS BEEN RENDERED IN ANY OF THOSE
CASES. IN ADDITION TO THE FOUR CASES, THE «UNITED» «STATES» HAS
RECEIVED TWO NOTICES OF INTENT, INCLUDING THIS NOTICE FROM
KENEX.
Q:
IF KENEX FILES A CLAIM AGAINST THE «UNITED» «STATES» IN 90
DAYS OR THEREAFTER, WHO WILL REPRESENT THE «UNITED» «STATES»?
Current Class: UNCLASSIFIED. Page: 4
DOS-002258
UNCLASSIFIED
UNCLASSIFIED
Current Class: UNCLASSIFIED Page: 5
Current Handling: n/a
Document Number: 2002STATE009434 Channel: n/a
A: THE STATE DEPARTMENT WILL. THE STATE DEPARTMENT IS THE
LEAD AGENCY THAT REPRESENTS THE «UNITED» «STATES» IN ALL BUT ONE
OF THE NAFTA INVESTOR-STATE ARBITRATIONS. THE STATE
DEPARTMENT WORKS CLOSELY WITH OTHER . INTERESTED GOVERNMENT
AGENCIES IN THESE ARBITRATIONS.
UNCLASSIFIED
PAGE 07 STATE 009434 162225Z
Q: IF KENEX FILES A CLAIM AGAINST THE «UNITED» «STATES» IN 90
DAYS OR THEREAFTER, WHO WILL DECIDE THE DISPUTE?
A: IN NAFTA INVESTOR-STATE ARBITRATIONS, A DISPUTE IS
DECIDED BY A PANEL OF THREE ARBITRATORS SELECTED THROUGH THE
PROCEDURES SET FORTH IN THE NAFTA.
Q: HOW MUCH IN DAMAGES IS KENEX SEEKING?
A: KENEX CLAIMS US $20 MILLION IN DAMAGES, PLUS COSTS AND
EXPENSES.
Q: WILL THE NOTICE OF INTENT BE MADE AVAILABLE TO THE PUBLIC?
A: NOTICES OF ARBITRATION FILED AGAINST THE «UNITED» «STATES»
ARE MAINTAINED IN A PUBLIC REGISTER WITH THE NAFTA
SECRETARIAT, U.S. SECTION, WHICH IS LOCATED IN THE U.S.
DEPARTMENT OF COMMERCE AND ARE ALSO POSTED ON THE STATE
DEPARTMENT,S WEBSITE. NOTICES OF INTENT AGAINST THE «UNITED»
«STATES» ARE NOT FILED WITH THE NAFTA SECRETARIAT BUT ARE
AVAILABLE UPON WRITTEN REQUEST UNDER ORDINARY DOCUMENT
DISCLOSURE LAWS.
3. S/WCI PRESS GUIDANCE, JANUARY 15, 2002
-- «TREATMENT» OF «DETAINEES» IN GUANTANAMO --
Q: PLEASE REBUT ALLEGATIONS ABOUT THE INHUMANE «TRIVITIMWT» OF
UNCLASSIFIED
PAGE 08 STATE 009434 162225Z
THE PRISONERS IN CUBA. PROVIDE AS MUCH DETAIL AS POSSIBLE.
A: ALL «DETAINEES» IN THE CONTROL OF THE «UNITED» «STATES» ARE
BEING TREATED HUMANELY.
EACH DAY THE 4M9MLINEES» ARE GIVEN THREE CULTURALLY APPROPRIATE
MEALS.
Current Class: UNCLASSIFIED Page: 5
DOS-002259
UNCLASSIFIED
UNCLASSIFIED
Cu'rr'ent Class: UNCLASSIFIEu. Page: 6
Current Handling: n/a
Document Number: 2002STATE009434.Channel: n/a
•
THEY HAVE DAILY OPPORTUNITIES TO SHOWER, EXERCISE AND RECEIVE
MEDICAL ATTENTION.
WE EXPECT REPRESENTATIVES FROM THE INTERNATIONAL COMMITTEE
FOR THE RED CROSS TO VISIT THEM LATER THIS WEEK.
REFER YOU TO THE DEPARTMENT OF DEFENSE FOR FURTHER
INFORMATION.
4. PRM CONTINGENCY PRESS GUIDANCE, JANUARY 15, 2001
-- THE INTERNATIONAL COMMITTEE OF THE RED CROSS VISIT TO
GUANTANAMO NAVAL BASE --
Q: IS THE INTERNATIONAL COMMITTEE OF THE RED CROSS VISITING
TALIBAN AND AL QAEDA «DETAINEES» AT GUANTANAMO BAY?
A: YES, ON THURSDAY, JANUARY 17, 2002, A DELEGATION FROM THE
INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC) WILL VISIT
GUANTANAMO NAVAL BASE TO REVIEW «TMVUMENT» OF INDIVIDUALS
UNCLASSIFIED
009434 162225Z
DETAINED. WE WOULD NOTE THAT THE U.S. HAS WORKED CLOSELY WITH
FIRST THE UNITED FRONT AND NOW THE AFGHAN INTERIM AUTHORITY
TO PROVIDE THE ICRC ACCESS TO TALIBAN AND AL QAEDA cdommatos»
IN «AFGHANISTAN».
PAGE 09.STATE.
Q: WILL YOU OR THE INTERNATIONAL COMMITTEE OF THE RED CROSS
SHARE THEIR FINDINGS WITH THE PUBLIC?
A: THE INTERNATIONAL COMMITTEE OF THE RED CROSS ONLY MAKES
AVAILABLE TO THE PUBLIC THE NUMBER OF PLACES OF DETENTIONS
VISITED, THE NAMES OF «Jammanms», THE DATES OF VISITS AND THE
NUMBER OF DEIMINEES» SEEN.
Q: DOES THE U.S. GOVERNMENT FUND THE INTERNATIONAL COMMITTEE
OF THE RED CROSS.
A: WE ARE THE LARGEST DONOR TO THE INTERNATIONAL COMMITTEE
OF THE RED CROSS.
POWELL
UNCLASSIFIED
« END OF DOCUMENT »
Current Class: UNCLASSIFIED. Page: 6
DOS-002260
UNCLASSIFIED