Cablegate: Tanzanian Mission Refuses Waiver

VZCZCXYZ0004
OO RUEHWEB

DE RUCNDT #1051 3242059
ZNY EEEEE ZZH
O 202059Z NOV 07
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3152
INFO RUEHDR/AMEMBASSY DAR ES SALAAM PRIORITY 0275

UNCLAS USUN NEW YORK 001051

SIPDIS

SIPDIS

DEPT FOR IO/UNP

E.O. 12958: DNG: UN 11/20/2012
TAGS: OFDP PREL TZ UN
SUBJECT: TANZANIAN MISSION REFUSES WAIVER

REF: STATE 152816

1. This message is sensitive but unclassified - please
protect accordingly.

2. Action request: By diplomatic note dated November 19,
2007, the Permanent Mission of Tanzania has declined to waive
the criminal immunity of the two sons of Mission Minister
Counselor Isaack Katanda as requested by reftel and USUN
diplomatic note HC-109-07 of November 9. Text of Tanzanian
note follows in para 3 below. Accordingly, USUN should be
instructed to consult with the United Nations Secretariat
(normally the UN Legal Counsel), following which a diplomatic
note should be sent to the Tanzanian Mission ordering the two
offenders to depart the United States by a date of the
Department's choosing.

Begin text of Tanzanian note TZNY/PF.116: The Permanent
Mission of the United Republic of Tanzania to the United
Nations presents its compliments to the United States Mission
to the United Nations and has the honour to refer to the
latter's Note Verbale HC-109-07 of November 9, 2007,
concerning allegations of the commission of criminal acts by
Adolph and Julius Katanda, the dependent sons of Minister
Counselor Isaack Katanda.

The Permanent Mission of the United Republic of Tanzania to
the United Nations wishes to inform the United States Mission
that it is unable to waive the criminal immunity of Adolph
and Julius Katanda so that charges against them may be
adjudicated in accordance with the laws of the State of New
York as provided for in Section 13 of the United Nations
Headquarters Agreement.

The Government of the United Republic of Tanzania is aware of
the Department of State's practice in cases involving serious
offenses when a requested waiver of immunity is not
forthcoming that the alleged offenders will be required to
leave the United States.

The Permanent Mission of the United Republic of Tanzania to
the United Nations avails itself of this opportunity to renew
to the United States Mission to the United Nations the
assurances of its highest consideration. End text.
Khalilzad

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