Cablegate: Thailand Reviewing Next Steps On International

VZCZCXYZ0000
RR RUEHWEB

DE RUEHBK #4235 2180751
ZNR UUUUU ZZH
R 060751Z AUG 07
FM AMEMBASSY BANGKOK
TO RUEHC/SECSTATE WASHDC 8725
INFO RUCNDT/USMISSION USUN NEW YORK 5171

UNCLAS BANGKOK 004235

SIPDIS

SIPDIS

DEPT FOR ISN, L, S/CT, EAP/MLS

E.O. 12958: N/A
TAGS: PTER KNNP MCAP PINR PARM PREL TH
SUBJECT: THAILAND REVIEWING NEXT STEPS ON INTERNATIONAL
CONVENTION FOR THE SUPPRESSION OF ACTS OF NUCLEAR TERRORISM

REF: STATE 102149

1.(U) This is an action request. Please see para 3.

2. (U) SUMMARY: MFA legal experts are preparing to review
Thailand's legal framework to ensure it is in compliance with
the International Convention of the Suppression of Acts of
Nuclear Terrorism (NTC). Once MFA has finished its review
and proposed any necessary changes in Thai law, it will
recommend that Thailand ratify the convention, which it has
already signed. The ASEAN Counter-terrorism convention will
take precedence over the NTC, which will therefore not be
ready for ratification until the new year at earliest. MFA
requested the US provide information on its legislation
implementing the NTC, which could assist Thailand in its
review process. In 2007, Thailand ratified two more of the
13 UN Counter-terrorism conventions: the Convention on the
Prevention and Punishment of Crimes against Internationally
Protected Persons including Diplomatic Agents, and the
Convention for the Suppression of Terrorist Bombings. End
summary.

3. (U) MFA legal division representatives told Polcouns on
August 1 that Thailand had already signed the International
Convention for the Suppression of Acts of Nuclear Terrorism.
MFA legal experts would need to review Thailand's legislation
and determine if they could comply with the provisions of
this treaty without amending their legislation. Based on
their initial assessment, they believed that their penal code
had, for the most part, adequate provisions to cover criminal
acts prohibited by the Convention. However, they thought
that they might need to propose changes to some regulations
concerning the prevention of misuse of nuclear materials.
They asked if the US could share information on its
legislation implementing the NTC. ACTION REQUEST: Please
provide any information on relevant US legislation that could
be used by the Thai as an example as they review their
legislation for compliance with the NTC. End action request.

4. (U) MFA officials said that this review process was very
time-consuming. They had to complete the review for the
ASEAN Counter-terrorism agreement, which is a high priority
for the government, first; they did not anticipate taking
action on the Suppression of Acts of Nuclear Terrorism
convention until early in the new year at best. Regarding
the ratification procedure, they were not certain what would
be required. Under the previous constitution, this
convention would not have required parliamentary approval.
If the new constitution (submitted for a referendum this
month) is adopted, the convention might require parliamentary
approval, as the new charter greatly expands the authority of
parliament to review international agreements. This question
will require further legal review. If parliamentary
ratification is not required, the convention will be
submitted to the Cabinet for ratification once the legal
review is completed.

5. (U) MFA officials pointed out that Thai has ratified two
more of the 13 UN counter-terrorism conventions this year.
The Convention on the Prevention and Punishment of Crimes
against Internationally Protected Persons including
Diplomatic Agents was ratified on February 23 and entered
into force on March 25. The Convention for the Suppression
of Terrorist Bombings was ratified June 12 and entered into
force on July 12.

ENTWISTLE

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