U.S. Department of State Daily Press Briefing #26, 99-03-04

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From: The Department of State Foreign Affairs Network (DOSFAN) at <http://www.state.gov>

U.S. Department of State
Daily Press Briefing

I N D E X

Thursday, March 4, 1999

Briefer: James B. Foley

KOSOVO
1		Military Deployment.
1		Fighting in town of Lapusnik
1		Evacuation of 250 internally displaced persons
1,2,3		Sen. Dole trip to Kosovo.
1		Secretary Albright spoke to Senator Dole
2,3,4		Visa problems for Senator Dole's trip
2		Belgrade authorities being pressed.
3,4		Negotiations will resume on March 15.
UGANDA
4,5		Return of US victims' remains
5		Pursuit of criminals
5		US citizens survivors being assisted by Amembassy Kampala
AFGHANISTAN
5,6		Usama bin Laden network
6		Taliban official visit to Washington
EUROPEAN UNION
6,7		WTO Ruling on Bananas
6		Importation of goods into United States
7		Protests from European governments
10		Relation with US
10		NATO allies
ITALY
7		Verdict reached in trial of gondola accident
8		Compensation claims
NORTH KOREA
8		Bilateral talks in New York resume
8,9		Travel of Delegation to Iowa
GERMANY
9		Lagrand case
9		Consular notification
9		Protest/communication from German Government?
ARGENTINA
9		Presidential election
IRAQ
9		Turkish pipeline
10		Operation has resumed

U.S. DEPARTMENT OF STATE
DAILY PRESS BRIEFING

DPB #26

THURSDAY, MARCH 4, 1999, 12:50 P.M.

(ON THE RECORD UNLESS OTHERWISE NOTED)

MR. FOLEY: Welcome to the State Department. I don't have any announcements.

QUESTION: Do you have an update on what is happening diplomatically in Kosovo, and whatever you may have on military deployments?

MR. FOLEY: I'm not sure what you're referring to in terms of military deployments. Are you talking about the Serb forces that have been, sort of, massed on the borders of Kosovo? I don't have any report of any movement in that regard in this.

I stated yesterday we made it very clear to Serb and FRY officials that those forces should not be moved defensively into Kosovo, and that the NATO Act-Ord is relevant in that regard. We do have reports of fighting today near Lapusnik, which is southwest of Pristina, involving artillery, mortar and small-arms fire. Several KVM patrols monitored the action throughout the day, and they report that it slackened by the afternoon.

We have no reports today of continued fighting in the Djeneral Jankovic area, which is along the Macedonian border, where there was some activity in recent days. Fighting near the border was the cause of a UNHCR-organized evacuation of 250 internally displaced persons, who had been surviving for several days under plastic sheeting, following flight from their villages in the area.

KVM is also working today on the case of an FRY soldier being held by the KLA in the village of Mijalic, on the highway between Pristina and Vucitrn. Serb police have requested that they be permitted to investigate the killing of two other Serbs associated with the soldier's kidnapping. So far, the KLA is not permitting the police to investigate the matter. That's my update on our reports from the Kosovo Verification Mission today.

QUESTION: Diplomatically is there any movement?

MR. FOLEY: Diplomatically, well, as you know, at the request of the President, Senator Dole is planning to travel to Kosovo to advance the search for a political settlement to the crisis in the region. In Jakarta earlier today, Secretary Albright indicated that she'd spoken with Senator Dole earlier in the day about his visit.

His trip will support the negotiating efforts of Ambassador Hill and his Contact Group colleagues. He is expected to leave Washington at midday today to arrive in Skopje, overnight there, and travel on to Kosovo. He will meet with a broad range of the Kosovo political leadership, including leaders of the KLA. Senator Dole will encourage them to endorse the decision of the Kosovo Albanian delegation to sign on to the Rambouillet accords for an interim political settlement.

Now we have been in touch with FRY authorities both here and in Belgrade to urge them to issue Senator Dole a visa. A visit by Senator Dole will advance the prospects for a peaceful settlement in Kosovo; and it is, thus, in the interest of all the people of the FRY. We are pressing the Belgrade authorities to issue Senator Dole a visa without delay.

QUESTION: It sounds like there's a problem there. I mean, he was originally supposed to go directly to Pristina, now he's going to Skopje?

MR. FOLEY: He's going via Skopje, but the issue of the visa has not been settled.

QUESTION: What's the FRY saying?

MR. FOLEY: I don't have the exact words they're using, but we don't have the visa yet.

QUESTION: For him to go into Kosovo?

MR. FOLEY: Yes, that's right. He was scheduled to be departing this afternoon. I don't have the exact time.

QUESTION: Jim, when did you apply for this visa and how long does it normally take to get a visa?

MR. FOLEY: Oh, I think there's no specific pattern as to how long it takes. We believe this is subject to political decision-making in Belgrade. We've urged the political decision-makers that it's -- as I said a minute ago, it's in the interests of the FRY that Senator Dole go to Kosovo. Inasmuch as the Serb authorities have claimed that their interests lie in a peaceful political settlement to the conflict, Senator Dole can play a very positive role in helping to persuade the Kosovar Albanians to get from their "yes in principle" to a definitive "yes." We think that's in the interest of all the parties concerned. It would not be a good sign if the Serb authorities felt otherwise.

QUESTION: Have the Serb authorities actually denied him a visa, or have they just been delaying, dragging their feet on it?

MR. FOLEY: I'm not aware of the current disposition. When I checked an hour ago, there had not been a visa, though, I can tell you that.

QUESTION: When was the report put in?

MR. FOLEY: Within the last days. I don't have that specifically.

QUESTION: You say you're pressing them. How are you pressing them? Is the Secretary --

MR. FOLEY: Through diplomatic contacts. I don't know if she's had any direct calls. She's been in touch with Ambassador Hill and with Senator Dole. But our ambassadors on the scene have been making the diplomatic contacts.

QUESTION: Do you have any word on whether or not Mr. Holbrooke might be going to Belgrade?

MR. FOLEY: I don't have anything to add to what I said yesterday. I think the Secretary spoke to that in Jakarta.

QUESTION: Isn't this visa issue a real slap in the face? I mean, how blatant can Milosevic be?

I mean, the words are awfully tame out of here, considering the size of the transgression.

MR. FOLEY: Well, I don't think it's over yet. We're still pressing for the visa. I'm not going to call it a decided matter until we believe that it's decided one way or the other. I don't want to speculate on the ramifications. Certainly, it wouldn't bode well for the Serb side if Senator Dole is not able to play the positive and helpful role we think he can play in this respect.

But I think the day of decision for Mr. Milosevic will come on March 15, when negotiations resume in France. We hope, by that point, that he will be confronted with an unequivocal and formal "yes" on the part of the Kosovar Albanians to the proposed settlement and find himself at a very crucial decision point.

QUESTION: It doesn't seem that Congress is actually behind this threat to bomb the Serbs. Senator Hollings, as a matter of fact, urged the Secretary of Defense to tell Secretary Albright to "cool it" a little bit. Do you have any response to that?

MR. FOLEY: Yes, we've seen a range of opinions coming out of the Congress. I think you've seen more bellicose sentiments coming out of Congress, in addition to the opposite sentiment you cite. But we believe that there's basic understanding in the Congress of the stakes involved for the United States of a peaceful negotiated settlement to the conflict in Kosovo.

I think, broadly, the Congress, on bipartisan lines, understands that the US has a strategic interest in peace and stability in Europe. That's the reason why we've had the NATO alliance for 50 years. There may not be full agreement in Congress as to what steps we should or should not be taking, but I think there are very few in Congress who don't recognize that the future of the Kosovo conflict, one way or the other, will impinge on American security interests.

QUESTION: What happens if the Albanians say "yes," and the Yugoslavs don't say "yes" on the 15th?

MR. FOLEY: Well, that's clear. NATO's decision of January 30 is crystal clear in that regard: if the Kosovar Albanians agree to the political settlement proposed by the Contact Group and if the Serbs refuse - and by refusal, I mean not only the question of the political institutions but also refusal to allow a NATO-led peace implementation force - then the Secretary General is authorized to conduct air strikes on the FRY in that event. That remains the case. We are heading towards, as I said a minute ago, towards the prospect of really unequivocal, clear-cut Serb isolation in the absence of Serb movement between now and the 15th of March on this critical issue.

QUESTION: Also, in the Former Yugoslavia, is there an announcement due shortly on Brcko?

MR. FOLEY: On Brcko, I have some information to that effect concerning the fact that the arbitrator on Brcko, Mr. Roberts Owen, had hearings on this issue in Vienna between February 8 and 17. He said at that time that he would issue a statement after a brief period of time to personally review the findings of the hearing.

The arbitrator's March 15, 1998, supplemental award stated that unless the Republika Srpska demonstrated significant achievements in a number of specific areas, including refugee return and support for multi-ethnic government, it will cause serious consideration to create a neutral district. He also stated at that time - March of 1998 - that he would decide this matter in early 1999.

QUESTION: But you don't have a date certain on a specific date?

MR. FOLEY: I don't have a date to announce; that's for him to determine.

QUESTION: Going back to Senator Dole, is it definite that if he does get a visa, he will still only meet with ethnic Albanians? There's no possibility he'll meet with anyone from the Serbian side?

MR. FOLEY: That's right. The purpose of his visit would be to meet with a broad cross-section of Kosovar Albanian leaders.

QUESTION: You've done Brcko, but you mention only the neutral option. Does that mean that you're not expecting that a decision will go in favor of putting Brcko under the Bosnian central government?

MR. FOLEY: Well, I have nothing to announce in that regard. I don't personally know what his decision will be; I think that's for him to decide. He's acting independently in fulfilling his obligations as the presiding arbitrator for the Brcko issue.

QUESTION: Different subject - on Uganda, can you say what new events there might be there? I mean, any movement in catching the people responsible for the killings? And can you say when the bodies of the Americans will be returned?

MR. FOLEY: In regard to the investigation and, indeed, the pursuit of the criminals who perpetrated this barbaric act, my understanding is that both the Rwandan and Ugandan forces remain in pursuit of that band of killers. I don't have specific information as to how that pursuit is going, but we continue to be in close touch with both governments and are apprising ourselves of any progress they're making in that regard. But I have no results to report today in that regard.

In terms of the bodies of the slain American couple, we are working with local authorities to finalize arrangements for return of the bodies of Robert Haubner and Susan Miller to the US, which is tentatively scheduled for Saturday, March 6, to Portland, Oregon. Our embassy in Kampala continues to assist the US citizen survivors of Monday's attack who are still in Uganda.

QUESTION: That's to leave there on Saturday?

MR. FOLEY: The tentative plan is they would arrive in Portland on Saturday, is my understanding.

QUESTION: Are you looking down with your satellites overhead to perhaps help you in your search for these Rwandan Hutus by any chance?

MR. FOLEY: Well, George, we never comment on intelligence matters; and I think that's what your question refers to.

QUESTION: Innocuous, though.

QUESTION: Do you have a response today to the reports alleging that the rebels had sent the Ugandan authorities letters saying they were going to attack Britain --

MR. FOLEY: Yes, we've seen those reports and we've taken them up with the Ugandan authorities. To the best of our knowledge, there was no warning of any impending attacks on American or British tourists in Uganda. We've not received different information from the Ugandan authorities in that regard.

Again, the critical point, as far as the United States is concerned: We had no warning or no specific indication of any attack. We, of course, receive numerous threat warnings of various kinds in many countries around the world. But there was no warning indicating any such possible attack. But we continue to be in touch with the Ugandans on this issue.

QUESTION: Another subject - what can you tell us about Usama bin Laden and a reported fallout with the Taliban?

MR. FOLEY: Yes, we cannot confirm rumors of a fight between Taliban personnel and Usama bin Laden's bodyguards. Such reports, as well as other rumors, circulate continuously. We also cannot confirm reported Taliban restrictions that they've claimed to have placed on bin Laden's activity, or his ability to communicate with his network and others.

We've heard these claims in the past and they've not been borne out. We and others have long told, and continue to tell the Taliban, that bin Laden is a big problem for them. While we note they are saying this publicly, they need to act and to expel bin Laden, in such a way that he can be brought to justice.

QUESTION: So even though there seem to be some pretty hard reporting on this today, as a formal statement from the government you cannot confirm --

MR. FOLEY: Cannot confirm. As you know, the --

QUESTION: Can you at least say that you've been told this by the Taliban? Has the Taliban told you --

MR. FOLEY: I'm not aware of a recent contact between us and the Taliban. As you know, Mr. Inderfurth met with a Taliban official who visited here from New York a few weeks ago. We reported then the information they gave us, which was that bin Laden was no longer in areas of Afghanistan that they controlled. That's what they said. We've not been able to verify that.

QUESTION: Bananas - why is the US requiring importers to post bonds now ahead of the WTO ruling?

MR. FOLEY: Well, we believe that this action protects our ability to exercise our right to suspend tariff concessions on selected EU imports retroactively to March 3, as authorized by the WTO dispute settlement understanding. In other words, this is a protective measure, pending the results of the arbitrators' review, at this point.

As you know, when goods are imported into the United States, US Customs determines the amount of duty to be levied. I think the term of art is "liquidated." In this case, as of March 3, importers of EU products on the retaliation list will not be billed for the duty amount until the final legal determination is made on which products will be affected, consistent with the level of suspension of concessions authorized by the WTO arbitration panel. However, importers of the products in question will be required to post a bond for the unbilled duties. Again, this is pending the ultimate decision by the WTO arbitrators.

QUESTION: Why, though, are companies that are not in the banana trade being specifically targeted?

MR. FOLEY: I'd have to refer you to USTR for their specific list of countries. I believe a few countries are exempted from these tariffs - countries that voted against the issue within the EU. But I don't have that list, and I'd refer you to the USTR.

QUESTION: Will these bonds be equivalent to the 100 percent tariff that would eventually possibly be charged?

MR. FOLEY: I believe that it's calibrated to the amount that was originally deemed to be prejudicial to the United States as a result of their preferences that were struck down or ruled illegal by the WTO. I'd refer you to USTR for the specific figures, but my understanding is that it's related to that amount. But, of course, the WTO arbitrators have requested more information from each side, I think, through March 15. They will make a determination as to the exact amount of damage, if you will, that the United States has incurred, and our actual tariffs - the amount will be determined on that basis.

QUESTION: Have you seen the remarks by Sir Leon Brittan and others saying that the US actions are illegal?

MR. FOLEY: Well, we don't believe that they are illegal. We believe, as I said, that this protects our ability to exercise our right to suspend tariff concessions, as was authorized by the WTO dispute settlement understanding. The exact amounts, as I indicated, remain to be determined by the WTO arbitrators.

QUESTION: Have you received any protests from European governments?

MR. FOLEY: Well, I don't know if we received diplomatic messages. I wouldn't be surprised if I have. Certainly EU personages have not been reluctant to express themselves publicly. But I have no information on specific diplomatic exchanges.

QUESTION: Just one last question on this: Is there any concern that this might spark a wider trade dispute?

MR. FOLEY: Well, we believe very much in the efficacy and the importance of the WTO. The WTO has ruled, I believe at least on two occasions, in favor of the United States. The EU's response to WTO rulings has been inadequate. We continue to be in close contact with the European Commission, and we remain open to a negotiated solution to this issue.

QUESTION: I know it's just been announced in the last couple of hours, but the verdict in the trial of the Marine in the gondola accident: Is there any new diplomatic facet to that?

MR. FOLEY: Well, like you, we've just heard the news reports regarding the verdicts in that trial. The verdict was arrived at after a fair and transparent trial, which of course was followed closely by the media around the world. We understand, however, that there are further legal proceedings underway regarding the case; and, therefore, it would be inappropriate for us to comment further on these verdicts.

However, I would like to underscore on behalf of the United States that we deeply regret the tragic deaths of the 20 victims at Cavalese, and the pain and sorrow their lost has caused their families. From the first day, we have worked closely with the Italian Government to ensure a fair and transparent process, as provided for under our NATO Status of Forces Agreement.

Our strong and open relationship with Italy has allowed us to work through this tragedy in an open manner, and has demonstrated the strength of the fundamental alliance between our countries and our joint commitment. We will continue to work closely with the Italian Government to ensure all claims resulting from the tragedy are handled as expeditiously as possible under our Status of Forces Agreement procedures. We're committed to doing our part, as provided for under the SOFA treaty.

QUESTION: Will there be any sort of speeding up of compensation claims by the victims' families?

MR. FOLEY: Well, I'd have to refer you to the Pentagon on that. But as I indicated, we are committed to working as expeditiously as possible in connection with those claims.

QUESTION: Do you have anything on the Korea talks in New York?

MR. FOLEY: Only that they are expected to resume this afternoon. I don't have any specific read-out as to how they're going. You won't be surprised.

QUESTION: But they will resume this afternoon?

MR. FOLEY: They are expected to resume this afternoon; that's what I was informed earlier.

QUESTION: As far as the North Korean delegation, do they have plans to go elsewhere?

MR. FOLEY: Well, there was some apparent plan on their part to travel to Iowa, today and possibly tomorrow. Let me get that for you here, because I have that information.

QUESTION: Iowa?

MR. FOLEY: Yes; let me explain. I will explain.

QUESTION: (Inaudible.)

(Laughter.)

MR. FOLEY: Very good, Charlie, it's not too early, is it?

We were aware of plans for the North Korean delegation to travel to Iowa to attend a Stanley Foundation program on conflict resolution. I would have to refer you to their delegation for details about their decision to change plans. It looks like, instead of going there, they may be staying here -- in New York. As I said, the negotiations may be resuming this afternoon.

We were prepared to have a break in the talks for a couple days, and to resume on Saturday, if they had gone to Iowa, or if they wind up going to Iowa.

QUESTION: Stanley Foundation program for conflict?

MR. FOLEY: For conflict resolution, yes.

QUESTION: Have you seen the remarks by the German Foreign Minister about the Lagrand case? This is the German-born person who was executed yesterday.

MR. FOLEY: I've not seen the remarks. I was told orally, briefly, about them. Walter Lagrand was executed by Arizona for murder during a 1982 bank robbery. The execution occurred only after he had exhausted numerous avenues of judicial review, in both the state and federal court systems. We respect the constitutional authority of Arizona to proceed with the execution, once all legal avenues had been pursued.

As you know, the Department of State yesterday transmitted a copy of the World Court order to the governor of Arizona, as requested by the Court. I would remind you, though, that the German suit in the International Court came at the very last moment of this process, and followed a very long process in the US legal system. The Court also, notably, issued its order without holding a hearing, or giving the United States an opportunity to respond. By the time we received the order, there was no reasonable opportunity for us to take any further action, except to transmit rapidly the copy to the governor of Arizona.

Germany has known about the consular notification issue for a number of years, but did not raise it with us until quite recently. We have not fully investigated the case, but the facts available to us suggest no reason to believe that the Lagrands did not receive due process, or that they were prejudiced by any failure of consular notification.

QUESTION: And have you received a protest or any other communication from the German Government?

MR. FOLEY: I'm not aware of any. If there have been, I can get back to you on that.

QUESTION: A question about Argentina: President Menem is seeking his free election, although the constitution prohibits him to do that. Six months ago, more or less, President Clinton sent him a letter when he said he will run and he congratulated. But now things have changed, and there have been new measures taken by the justice, and it seems that he's trying again. Is there any comment?

MR. FOLEY: No, we're not in the habit of commenting on internal Argentine political developments.

QUESTION: Do you have anything new about the attacks - Iraqi pipeline to Turkey?

MR. FOLEY: Yes, I do. We understand that the pipeline in question has resumed operation fully -- that's according to the United Nations - and that it is functioning at maximum capacity. I would refer you to the UN for further details. So I think the issue is behind us.

QUESTION: One more on the European relations. There seems to be a confluence of events: the banana dispute, which is now getting very nasty; the Germans are very angry about the Lagrand thing; and some of the Europeans are angry about the Cavalese verdict, saying that it didn't really answer the need. Is there any concern within the State Department that relations with the Europeans are going to be adversely affected in general by these events?

MR. FOLEY: Well, of course, we have more than 50 years of close relations with our West European partners. We've been NATO allies, most of us, for almost 50 years; we're coming within three weeks of the 50th anniversary of NATO. Both within the alliance and bilaterally on the range of issues that we deal with as sovereign nations -- be they security or economic or political -- we have often, as is only natural, had our ups and downs, and disagreements and differences. But we are treaty allies; we are pledged to defend each other; we are all democracies. And we are capable, therefore, of having disagreements and overcoming them.

I can understand the question you raise, because there does seem to be a confluence of contentious issues in the last days. But we are brought together constantly by that which is most important, which is our political and security relationship. We're working together very closely - the United States and our European allies - both to promote peace in Kosovo, the closest and most timely flash point that we're facing, but also to help prepare NATO for another 50 years of success into the 21st Century.

Thank you.

(The briefing concluded at 1:20 P.M.)

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