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Cablegate: Criteria Defining Privileges and Immunities of U.S.

VZCZCXYZ0009
PP RUEHWEB

DE RUEHKH #0253 0521221
ZNR UUUUU ZZH
P 211221Z FEB 08
FM AMEMBASSY KHARTOUM
TO SECSTATE WASHDC PRIORITY 9996

UNCLAS KHARTOUM 000253

SIPDIS

DEPT ALSO FOR AF/SPG

SENSITIVE, SIPDIS

E.O. 12958: N/A
TAGS: US AMGT APER KREC PGOV SU

SUBJECT: CRITERIA DEFINING PRIVILEGES AND IMMUNITIES OF U.S.
DIPLOMATIC FAMILY MEMBERS: PRACTICE IN SUDAN

REF: STATE 14282

1. (SBU) On February 19 poloff met with MFA Director of Protocol
Ambassador Ali Youssif to review Sudanese practice regarding Sudan's
criteria applied to recognizing the privileges and immunities of
"members of the family" of a diplomatic agent, particularly with
respect to children.

2. (SBU) Ambassador Youssif repeated what he told poloff over the
phone, that Sudan determines which individuals it recognizes as
"members of the family" based on reciprocity, reflecting the
treatment its diplomats and their dependents are receiving abroad.
Sudanese legislation governing this issue is titled the "Immunities
and Privileges Act."

3. (SBU) After reviewing with Ambassador Youssif, point by point,
U.S. State Department treatment of foreign diplomatic personnel in
the United States (REFTEL); we conclude that the MFA considers
"member of the family" of American diplomats in Sudan to include the
spouse of the member of the mission and his or her unmarried
children under 21 years of age, who are not members of some other
household, and who reside exclusively in the principal's household.
The term "family" also includes children who may not be accompanying
and actually residing in the home, but who join the household for
visits or during holiday periods.

4. (SBU) Poloff asked if Sudan recognizes unmarried partners as
family members, Ambassador Youssif said "generally we don't, but we
can consider it on a case by case basis, when we receive an official
document from the diplomat's country government."

5. (SBU) Regarding the question of same- sex marriage, Ambassador
Youssif answered firmly that "it is not acceptable in Islam; and we
follow the Islamic law (Sharia), so we do not recognize it."

6. (SBU) Ambassador Youssif stated that he would query their embassy
in Washington as to how the U.S. treats Sudanese diplomats with
respect to such issues.

7. (SBU) Embassy Khartoum point of contact for this subject is
Pol/Econ officer Amina El-Bishlawy.

FERNANDEZ

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