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### Viewing cable 09STATE122115, KENYA'S CONVENTIONAL ARMS END-USER CERTIFICATE

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
09STATE122115 | 2009-11-27 17:05 | 2010-12-08 21:09 | SECRET//NOFORN | Secretary of State
Appears in these articles: http://www.spiegel.de/

`

    VZCZCXYZ0000
    PP RUEHWEB

    DE RUEHC #2115 3311755
    ZNY SSSSS ZZH
    P 271749Z NOV 09
    FM SECSTATE WASHDC
    TO AMEMBASSY NAIROBI PRIORITY 0000

` `

    S E C R E T STATE 122115

    NOFORN
    SIPDIS

    E.O. 12958: DECL: 10/19/2029
    TAGS: MARR MCAP MOPS PARM PINR PREL PTER MASS
    SUBJECT: KENYA'S CONVENTIONAL ARMS END-USER CERTIFICATE
    VIOLATION

    Classified By: AF Johnnie Carson for reasons 1.4 (b) and (d).

    ¶1. (U) This is an action request. See paragraph 6.

    ----------
    background
    ----------

    ¶2. (S//NF) Since late 2007, the Government of Kenya (GOK) has
    assisted the Government of Southern Sudan's (GOSS) military,
    the Sudan People's Liberation Army (SPLA), with the purchase
    of Ukrainian-origin lethal military equipment (LME),
    including T-72 tanks, BM-21 multiple rocket launchers, and
    helicopters. The GOK signed a contract with the Government
    of Ukraine (GOU) to facilitate this transfer. Publicly, the
    GOK has stated the Ukrainian-origin LME was for the exclusive
    use of the Kenyan military and that it has no military
    training or technical ties to the GOSS. Privately, some
    senior GOK officials have been less categorical in their
    denials and indicate that they believe shipments are
    consistent with the Comprehensive Peace Agreement (CPA). The
    Kenyan Minister of Internal Security visited the Department
    in 2006 and mentioned that this sale was in the making.

    ¶3. (S//NF) In April 2008, we first approached the GOU about
    these transfers. Ukrainian officials indicated the equipment
    was for use by the Kenyan military and that they did not
    supply armaments to the GOSS. They also denied any military
    training or technical ties with the GOSS. In August 2008, we
    provided additional information on a shipment of LME from
    Ukraine to Kenya and reiterated our concerns regarding the
    diversion of LME to the GOSS. Ukrainian officials
    acknowledged the sale of LME to Kenya but continued to deny
    the possibility that the weapons were intended for or had
    been diverted to the GOSS, noting an end-user certification
    from the Kenyan government. Ukraine requested additional
    information to substantiate USG claims that the equipment had
    in fact been diverted to the GOSS.

    ¶4. (S//NF) In September 2009, ISN Acting A/S Van Diepen met
    with Ukrainian officials and presented imagery of Ukrainian
    T-72 tanks departing Ukraine, arriving in Kenya, and ending
    up in South Sudan as clear evidence the Ukrainian arms
    shipments to Kenya were ending up in South Sudan. The
    Ukrainians responded that they had no relationship with the
    GOSS, that their only contract was with Kenya, and that they
    had no knowledge of any plan to divert the weapons to the
    GOSS. Finally, they promised to investigate the transfer and
    report back to the USG.

    ¶5. (S//NF) The United States and the international community
    are concerned with the transfer of certain heavy military
    weapons to the GOSS given the potential destabilizing effect
    in the region. Now that we have addressed this issue with
    the Ukrainians, Washington would like to approach the GOK to
    obtain their version of the story. Under U.S. law, the
    transfer of LME to any entity in Sudan, a designated state
    sponsor of terrorism, by Kenya could trigger sanctions. END
    of background.

    --------------
    action request
    --------------

    ¶6. (S) Department requests Embassy Nairobi approach
    appropriate host government officials, drawing from suggested
    talking points in paragraph 8. The Department strongly
    believes that the imagery portion of this demarche, which
    will be sent separately, should be delivered by an IC
    representative. To that end, the Department requests that
    Embassy Nairobi coordinates this delivery with the local IC
    officer. Note: This imagery may be shown to, but may not be
    left with, GOK officials.

    ----------
    objectives
    ----------

    ¶7. (S) Embassy Nairobi should seek to pursue the following
    objectives:

    -- Provide, as appropriate, GOK officials with information
    regarding the transfer of Ukrainian-origin T-72s, BM-21
    multiple rocket launchers, helicopters, and other LME to the
    goss.

    -- Acknowledge to GOK that we recognize the apparent
    disconnect between the provision in the Comprehensive Peace
    Agreement that acknowledges the need for southern Sudan to
    have an appropriate military capability and our legislation
    that prohibits foreign countries from supplying LME to the
    Government of Sudan, which the GOSS is legally a part of.
    However, retransfers of LME are required to follow
    responsible guidelines established by numerous international
    organizations.

    -- Note to GOK officials the USG and the international
    community's concern with the potential destabilizing effect
    that the secret transfer of certain heavy military equipment
    and small arms and light weapons (SALW) can generate in the
    region.

    -- Inform the GOK that because the Government of Sudan, which
    includes the GOSS, is a U.S.-designated state sponsor of
    terrorism, transfers of LME to Sudan would trigger U.S.
    sanctions against supplier governments. As appropriate, Post
    may also note that the legislation does include a waiver
    provision and that a much stronger case for a waiver can be
    made if the GOK is cooperative in this inquiry.

    --------------
    talking points
    --------------

    ¶8. (S//REL KENYA) Begin talking points:

    -- We have information that the GOK signed a contract with
    Ukraine to purchase a variety of lethal military equipment.

    -- As part of this transaction, Ukraine shipped more than 75
    T-72 tanks, as well as a range of other lethal military
    equipment to Kenya since November 2007.

    -- You have publicly indicated that the equipment was for use
    by the Kenyan military and that you did not supply any
    armaments to the GOSS or SPLA. You also indicated that you
    have no military training or technical ties to the GOSS.

    -- However, we understand that part of this equipment was
    retransferred to the Government of Southern Sudan, and we can
    share some information with you that confirm this.

    -- We recognize the apparent disconnect between the provision
    in the Comprehensive Peace Agreement that acknowledges the
    need for southern Sudan to have an appropriate military
    capability and our legislation that prohibits foreign
    countries from supplying lethal military equipment to the
    Government of Sudan, of which the GOSS is legally a part.

    -- We also recognize that some members of your government
    informed some members of the USG that this deal was being
    prepared.

    -- However, retransfers of lethal military equipment are
    required to follow responsible guidelines established by
    numerous international organizations, beginning with the
    United Nations.

    -- This shipment represents one of the world's largest gray
    market arms sales in more than ten years.

    -- Items such as tanks are excessive to southern Sudan's
    defense needs, and it will be difficult for it to maintain
    them.

    -- The United States and the international community are
    concerned that transfers of lethal military equipment to
    southern Sudan will have a destabilizing effect on regional
    security by increasing the chances of an arms race with
    Khartoum. We also are concerned that some of the equipment
    could fall into the hands of other entities such as terrorist
    groups as a result of a deliberate transfer, poor stockpile
    security, or capture on the battlefield.

    -- Because the Government of Sudan is a U.S.-designated state
    sponsor of terrorism, transfers of LME to Sudan would trigger
    U.S. sanctions against supplier governments.

    -) These sanctions can be waived. A much stronger case can
    be made for a waiver if Kenya cooperates in this inquiry.

    End talking points.

    -----------------
    point of contact
    -----------------

    ¶9. (U) Washington point of contact for follow up is Lou
    Ganem, ISN/CATR.

    ¶10. (U) Department thanks Post for its assistance. Please
    slug all responses for ISN, EUR, AF, and T.
    Clinton

`