UNCLASSIFIED U S Department of State Case No F-2009-01541 Doc No C17551189 Date 06 19 2013 UNCLASSIFIED PTQ8689 RELEASED IN FULL UNCLASSIFIED PAGE 01 STATE ORIGIN SNIS-00 INFO LOG-00 TEDE-00 PA-02 PM13-00 AID-00 INR-00 PM-00 DRL-09 089064 A-01 LOC-01 PRS-01 021R PTQ8689 120252Z CIAR-00 L-01 SP-00 OASY-00 ADS-00 SSO-00 DODE-00 NSAE-00 USIE-00 EUR-01 OIG-04 NISC-01 DRAFTED BY S NIS AJOHNSON DME APPROVED BY S NIS DSPECKHARD ------------------BA9FAA 120256Z 38 O 1202482 APR 95 FM SECSTATE WASHDC TO CIS COLLECTIVE IMMEDIATE UNCLAS STATE 089064 E O 12356 N A TAGS OPRC SUBJECT S NIS PRESS GUIDANCE - APRIL 11 1995 1 THE FOLLOWING PRESS GUIDANCE WAS PREPARED AND APPROVED BY THE OFFICE OF THE AMBASSADOR-AT-LARGE FOR THE NEW INDEPENDENT STATES FOR THE DEPARTMENT BRIEFINGS QUESTIONS SHOULD BE REFERRED TO ANNE JOHNSON S NIS PUBLIC AFFAIRS RUSSIA CHECHNYA UNCLASSIFIED UNCLASSIFIED PAGE 02 STATE 089064 1202522 UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY THEODORE SELLIN DATE CASE ID 08 OCT 2009 200901541 UNCLASSIFIED UNCLASSIFIED U S Department of State Case No F-2009-01541 Doc No C17551189 Date 06 19 2013 E4 UNCLASSIFIED U S Department of State Case No F-2009-01541 Doc No C17551189 Date 06 19 2013 Q A DO YOU HAVE A REACTION TO REPORTS THAT THE RUSSIANS ARE MASSACRING CIVILIANS AND ENGAGING IN A SCORCHED-EARTH POLICY IN CHECHNYA -- UNCLASSIFIED WE CONTINUE TO BE VERY DEEPLY DISTURBED BY THE REPORTS OF CONTINUED LARGE-SCALE BOMBING IN THE SOUTH OF CHECHNYA AND INTENSIVE FIGHTING IN AND AROUND SAMASHKI 18 MILES WEST OF GROZNYY AND BY REPORTS OF RUSSIAN ATROCITIES AGAINST CIVILIANS WE HAVE SEEN REPORTS THAT FIGHTING CONTINUES NEAR THE CHECHEN BORDER WITH INGUSHETIA NEAR THE TOWNS OF BAMUT AND ACHKOI-MARTAN THE PRESIDENT AND THE SECRETARY HAVE STRESSED REPEATEDLY THAT THE FIGHTING MUST STOP AND THAT IT IS HAVING A CORROSIVE EFFECT ON THE DEVELOPMENT OF RUSSIAN DEMOCRACY AND ON U S -RUSSIAN RELATIONS DEPUTY SECRETARY TALBOTT ALSO STRESSED THIS IN HIS RECENT MEETINGS IN MOSCOW WE AGAIN URGE ALL INVOLVED TO STOP THE FIGHTING IMMEDIATELY AND TO ALLOW LARGE-SCALE HUMANITARIAN EFFORTS TO WORK UNIMPEDED IN ORDER TO PREVENT A HUMANITARIAN CATASTROPHE IN CHECHNYA WE HAVE REPEATEDLY URGED THE RUSSIANS TO DO UNCLASSIFIED UNCLASSIFIED PAGE 03 STATE 089064 1202522 EVERYTHING POSSIBLE TO FACILITATE THE MOVEMENT OF THE HUMANITARIAN RELIEF ORGANIZATIONS I WOULD LIKE TO POINT OUT THAT TODAY IN VIENNA THE OSCE PERMANENT COUNCIL INCLUDING THE RUSSIAN DELEGATIONS APPROVED THE MANDATE FOR THE OSCE ASSISTANCE GROUP IN CHECHNYA THE GROUP WILL HAVE A WIDE MANDATE INCLUDING UNCLASSIFIED UNCLASSIFIED U S Department of State Case No F-2009-01541 Doc No C17551189 Date 06 19 2013 UNCLASSIFIED U S Department of State Case No F-2009-015411 Doc No C17551189 Date 06 19 2013 C LASSI I D' THE PROMOTION OF HUMAN RIGUN F RESTORATION OF LOCAL AUTHC l 1L aa u PROMOTION OF THE PEACEFUL RESOLUTION OF THE CRISIS AND THE STABILIZATION OF THE SITUATION IN CONFORMITY WITH THE PRINCIPLE OF THE TERRITORIAL INTEGRITY OF THE RUSSIAN FEDERATION AND IN ACCORDANCE WITH OSCE PRINCIPLES THE GROUP ALSO HAS A MANDATE TO FACILITATE DELIVERY OF HUMANITARIAN AID AND PURSUE DIALOGUE AND NEGOTIATIONS AS APPROPRIATE THROUGH PARTICIPATION IN ROUNDTABLES WITH A VIEW TO ESTABLISHING A CEASEFIRE AND ELIMINATING SOURCES OF TENSION WE AGAIN URGE THE RUSSIANS TO WORK WITH THE OSCE TO ESTABLISH AS QUICKLY AS POSSIBLE THE OSCE ASSISTANCE GROUP IN THE FIELD THE GROUP MAY BE PERMANENTLY IN CHECHNYA WITHIN A WEEK OR TWO A REPRESENTATIVE OF THE CHAIRMAN IN OFFICE WILL BE ON THE GROUND IN THE NEXT TWO UNCLASSIFIED UNCLASSIFIED PAGE 04 STATE 089064 1202522 OR THREE DAYS TO SELECT OFFICE SITES AND TO LAUNCH THE MISSION OF THE ASSISTANCE GROUP Q WHAT ABOUT CHARGES THAT RUSSIA IS ENGAGING IN GENOCIDE IN CHECHNYA A -- WE HAVE SEEN REPORTS THAT A RUSSIAN HUMAN RIGHTS ACTIVIST -- ALEKSANDR GURYANOV -- SAID THAT RUSSIA ACTIONS ARE NOTHING LESS THAN GENOCIDE UNDER THE 1948 CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE TO WHICH THE UNITED STATES RUSSIA AND 100 OTHER COUNTRIES ARE PARTIES THE TERM GENOCIDE HAS A SPECIFIC LEGAL DEFINITION WE DEPLORE THE INDISCRIMINATE ATTACKS ON UNCLASSIFIED UNCLASSIFIED U S Department of State Case No F-2009-01541 Doc No C17551189 Date 06 19 2013 UNCLASSIFIED U S Department of State Case No F-2009-01541 Doc No C17551189 Date 06 19 2013 CIVILIANS AND ARE DEEPLY cU REPORTS OF ATROCITIES Bl vi EVIDENCE TO SUPPORT A CONCLUSION THAT RUSSIAN ACTIONS IN CHECHNYA CONSTITUTE GENOCIDE NCLASSIFIED HOWEVER THIS IN NO WAY MITIGATES THE TRAGEDY OR THE SIGNIFICANCE OF THE INDICRIMINATE AND WIDESPREAD VIOLENCE DIRECTED AGAINST CIVILIANS IN CHECHNYA FYI BACKGROUND ON GENOCIDE UNDER THE 1948 CONVENTION ON THE PREVENTION AND UNCLASSIFIED UNCLASSIFIED PAGE 05 STATE 089064 1202522 PUNISHMENT OF THE CRIME OF GENOCIDE TO WHICH THE UNITED STATES RUSSIA AND 100 OTHER COUNTRIES ARE PARTIES GENOCIDE IS DEFINED TO INCLUDE ANY OF THE FOLLOWING ACTS COMMITTED WITH INTENT TO DESTROY IN WHOLE OR IN PART A NATIONAL ETHNIC RACIAL OR RELIGIOUS GROUP A KILLING MEMBERS OF THE GROUP B CAUSING SERIOUS BODILY OR MENTAL HARM TO MEMBERS OF THE GROUP C DELIBERATELY INFLICTING ON THE GROUP CONDITIONS OF LIFE CALCULATED TO BRING ABOUT ITS PHYSICAL DESTRUCTION IN WHOLE OR IN PART D IMPOSING MEASURES INTENDED TO PREVENT BIRTHS WITHIN THE GROUP E FORCIBLY TRANSFERRING CHILDREN OF THE GROUP TO ANOTHER GROUP ARTICLE II THUS AS A MATTER OF INTERNATIONAL LAW GENOCIDE INCLUDES THREE PRINCIPAL ELEMENTS MORE OF THE PROHIBITED ACTS 2 DIRECTED AT NATIONAL ETHNIC RACIAL OR RELIGIOUS GROUP INTENT OF DESTROYING THAT GROUP IN WHOLE OR THE CRIME OF L ONE OR A PARTICULAR 3 WITH THE IN PART FORCIBLE REPRESSION OF AN ARMED REBELLION WOULD NOT IN AND OF ITSELF CONSTITUTE GENOCIDE NOR WOULD INDISCRIMINATE KILLING OF INNOCENT NONCOMBATANTS OR UNCLASSIFIED UNCLASSIFIED U S Department of State Case No F-2009-01541 Doc No C17551189 Date 06 19 2013 UNCLASSIFIED U S Department of State Case No F-2009-01541 Doc No C17551189 Date 06 19 2013 NC LASSIrIED OTHER BRUTAL MILITARY ACTIONS HOTAU CONSTITUTING THE CRIME OF GENOCIDE w xiw ooa L yD LEGITIMATE BECAUSE THEY WERE CARRIED OUT IN RESPONSE TO AN ARMED INSURRECTION OR REBELLION UNCLASSIFIED UNCLASSIFIED PAGE 06 STATE 089064 120252Z IN RATIFYING THE GENOCIDE CONVENTION THE UNITED STATES PUT ON RECORD ITS VIEW THAT IN ORDER TO MEET THE CONVENTION'S CRITERIA THERE MUST BE SPECIFIC INTENT TO DESTROY IN WHOLE OR IN SUBSTANTIAL PART A NATIONAL ETHNIC RACIAL OR RELIGIOUS GROUP AS SUCH BY THE ACTS SPECIFIED IN ARTICLE II RUSSIA INTELLECTUAL PROPERTY RIGHTS VIOLATIONS Q HOW SERIOUS IS THE THEFT OF INTELLECTUAL PROPERTY FOR U S BUSINESSES AND OR THE RUSSIAN ECONOMY GENERALLY WHAT'S BEING DONE TO FIGHT IT A -- WE ARE EXTREMELY CONCERNED ABOUT PIRACY OF THE COPYRIGHTED MATERIALS IN RUSSIA INTERNATIONAL INTELLECTUAL PROPERTY ALLIANCE IIPA ESTIMATES THAT LOSSES TO U S COMPANIES IT IS WERE OVER $800 MILLION IN 1994 HARM DONE TO THE DIFFICULT TO ESTIMATE THE RUSSIAN ECONOMY AS A RESULT OF IPR VIOLATIONS BUT IT IS CLEAR THAT LACK OF EFFECTIVE IPR PROTECTION IS DAMAGING TO THE DEVELOPMENT OF RUSSIA'S OWN SOFTWARE INDUSTRY AND OTHER SECTORS WITH THE PASSAGE OF A COPYRIGHT LAW IN 1993 RUSSIA COMPLETED ITS LEGISLATIVE FRAMEWORK FOR IT HAS ALSO ACCEDED TO THE IPR PROTECTION UNCLASSIFIED UNCLASSIFIED UNCLASSIFIED U S Department of State Case No F-2009-01541 Doc No C17551189 Date 06 19 2013 UNCLASSIFIED U S Department of State Case No F-2009-01541 Doc No C17551189 Date 06 19 2013 UNCLASSIFIED UNCLASSIFIED PAGE 07 STATE 089064 1202522 BERNE AND GENEVA PHONOGRAMS CONVENTIONS HOWEVER ENFORCEMENT REMAINS A PROBLEM BECAUSE OF THE LACK OF SUFFICIENT PENALTIES FOR IPR INFRINGEMENT THE RUSSIAN DUMA IS CONSIDERING SOME CHANGES TO THE PENAL AND ADMINISTRATIVE CODES THAT WOULD AT LEAST PARTIALLY ADDRESS THE PROBLEM WE ARE ENGAGED IN A DIALOGUE WITH THE GOVERNMENT OF RUSSIA ON BOTH GENERAL CONCERNS AND SPECIFIC CASES THE RUSSIAN GOVERNMENT RECOGNIZES THE PROBLEM WE ARE ALSO PROVIDING ASSISTANCE TECHNICAL TO THE GOVERNMENT TO HELP CREATE EFFECTIVE ENFORCEMENT LEGISLATION IF ASKED ABOUT 3011 THE USG IS CURRENTLY ENGAGED IN A WORLD-WIDE SPECIAL 301 REVIEW ALTHOUGH NO DECISION HAS BEEN MADE AT THIS TIME AS TO THE DESIGNATION OF ANY SPECIFIC COUNTRIES -- -------------------------CASPIAN OIL DEAL AZERBAIJAN Q WHAT IS OUR COMMENT ON THE CHOICE OF EXXON OVER IRAN FOR A SHARE IN THE CASPIAN OIL CONSORTIUM HAS THIS A RESULT OF U S PRESSURE WHAT WAS THE USG ROLE IF ANY IN THE DECISION UNCLASSIFIED UNCLASSIFIED PAGE 08 A -- STATE 089064 120252Z THE U S WELCOMES AZERBAIJAN'S DECISION TO SELL SOME OF ITS SHARE IN THE AZERBAIJAN INTERNATIONAL OPERATING COMPANY AIOC TO UNCLASSIFIED UNCLASSIFIED U S Department of State Case No F-2009-01541 Doc No C17551189 Date 06 19 2013 UNCLASSIFIED U S Department of State Case No F-2009-01541 Doc No C17551189 Date 06 19 2013 EXXON EXXON BRINGS TREME UN RESOURCES TO THIS PROJECT CLAS S IFIED THE DECISIONS BY THE CONSORTIUM TO EXCLUDE IRAN AND INCLUDE EXXON WERE TWO SEPARATE MATTERS THE USG INFORMED THE GOVERNMENT OF AZERBAIJAN AND U S COMPANIES IN THE CONSORTIUM THAT WE OPPOSE IRANIAN PARTICIPATION AS IT COULD HAVE PROVIDED IRAN WITH POLITICAL AND OR FINANCIAL BENEFITS WE SEEK TO FOCUS PRESSURE ON TEHRAN TO CHANGE ITS UNACCEPTABLE BEHAVIOR WHICH INCLUDES SUPPORT FOR TERRORISM PURSUIT OF WEAPONS OF MASS DESTRUCTION AND SUBVERSION OF REGIONAL GOVERNMENTS THE CONSORTIUM IN TURN OPPOSED THE IRANIAN INVOLVEMENT ONCE IRON WAS EXCLUDED AZERBAIJAN'S STATE OWNED OIL COMPANY SOCAR CONSIDERED OFFERS FROM A VARIETY OF WESTERN FIRMS THE USG STRONGLY SUPPORTED THE BIDS BY THE U S COMPANIES IN THE COMPETITION UNCLASSIFIED UNCLASSIFIED PAGE 09 STATE 089064 1202522 IF PRESSED ON USG ACTIONS THE U S AMBASSADOR DISCUSSED WITH SENIOR LEADERSHIP IN AZERBAIJAN THE BENEFITS OF INCLUDING EXXON AND OR MOBIL IN THE CONSORTIUM AND SENIOR ADMINISTRATION OFFICIALS MADE CALLS TO PROMOTE U S COMPANY INVOLVEMENT TARNOFF UNCLASSIFIED UNCLASSIFIED U S Department of State Case No F-2009-01541 Doc No C17551189 Date 06 19 2013 UNCLASSIFIED U S Department of State Case No F-2009-01541 Doc No C17551189 Date 06 19 2013 UNCLASSIFIED UNCLASSIFIED NNNN UNCLASSIFIED UNCLASSIFIED U S Department of State Case No F-2009-01541 Doc No C17551189 Date 06 19 2013 This document is from the holdings of The National Security Archive Suite 701 Gelman Library The George Washington University 2130 H Street NW Washington D C 20037 Phone 202 994-7000 Fax 202 994-7005 nsarchiv@gwu edu