Cablegate: Unscr 1747: Austria Uses Broad Definition For

VZCZCXYZ0007
OO RUEHWEB

DE RUEHVI #1406 1491024
ZNR UUUUU ZZH
O 291024Z MAY 07
FM AMEMBASSY VIENNA
TO SECSTATE WASHDC IMMEDIATE 7431

UNCLAS VIENNA 001406

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR EUR/AGS (SAINT ANDRE) AND ISN/CATR (KESSLER)

E.O. 12958: N/A
TAGS: PREL PARM ETTC UNSC AU IR
SUBJECT: UNSCR 1747: AUSTRIA USES BROAD DEFINITION FOR
"ARMS AND RELATED MATERIAL"

REF: STATE 67462

Austria Favors Broad Definition of UNSCR 1747
--------------------------------------------- -

1. (SBU) On May 22, EconPolOff discussed reftel demarche
with Margit Bruck-Friedrich, Director of the Austrian Foreign
Ministry's Office of Conventional Arms Export Control,
Military Transit, and Overflight Control. Bruck-Friedrich
confirmed with the MFA's Legal Department that the GoA had
already submitted its report to the UN on implementation of
UNSCR 1747. Regarding UNSCR 1747's operative paragraphs 5
and 6, Bruck-Friedrich opined that the GoA would use a broad
definition of "any arms or related material." The EU's Code
of Conduct for Arms, she explained, includes the list of
Wassenaar controlled items, and was incorporated into
Austria's 2005 Foreign Trade Act. The Austrian export
control law, she emphasized, includes technology and other
defense-related items, such as maintenance. Bruck-Friedrich
added that the GoA, following a previous U.S. demarche, had
"singled out" companies in Austria that were interested in
doing business with Iran to warn them to refrain from
exporting defense or dual-use items to Iran.

2. (SBU) On May 25, EconUnit Chief followed up with Helmut
Krehlik, Head of the Ministry of Economy's Export and Import
Control Division. Krehlik stated that Austrian and EU laws
clearly allow for a broad definition of paragraphs 5 and 6 of
UNSCR 1747. The "catch-all provision" contained in paragraph
4.2 of EU Regulation 1330 (2000) requires licensing approval
for all military items (listed and non-listed) destined for a
state under an EU, OSCE, or UN embargo. Furthermore,
Austria's Foreign Trade Act covers technical assistance
(training, servicing, provision of spare parts).

Austria Processing Large Number of Export Licenses
--------------------------------------------- -----

3. (SBU) Bruck-Friedrich also pointed out that Austria
processes the fourth largest number of licenses for military
and dual-use goods within the EU. During a separate meeting
on May 23 with EconPolOff, Alexander Marschik, the Acting
Director of the MFA's Department of Arms Control,
Disarmament, and Non-Proliferation, added that the GoA has
instituted a more stringent process for vetting licenses for
sales of defense and dual-use goods and services.
McCaw

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