UAE ‘hinted at withdrawal of intelligence over 9/11 payouts’
‘Why risk alienating key allies at a time when their cooperation is absolutely necessary?’
THE United Arab Emirates last year suggested it might withdraw intelligence cooperation with the US in an attempt to block legislation allowing families of September 11 victims to sue Saudi Arabia and UAE.
Leaked emails seen by The Telegraph show that Yousef Al Otaiba, the UAE’S ambassador to Washington DC, privately warned senators that countries at risk of being sued in US courts would be “less likely to share crucial information and intelligence”.
The messages reveal how UAE joined Saudi Arabia’s work to lobby against the Justice Against Sponsors of Terrorism Act (Jasta), with Mr Al Otaiba coordinating his efforts with Adel al-jubeir, the Saudi foreign minister.
Two of the 19 hijackers who flew planes into the World Trade Center towers in 2001 came from the UAE, while 15 others were Saudi.
Court documents filed in New York show that after Jasta was passed, a legal claim was started against UAE’S Dubai Islamic Bank, in which it was alleged the bank “knowingly and purposefully provided financial services and other forms of material support to al-qaeda … including the transfer of financial resources to al-qaeda operatives who participated in the planning and execution of the September 11th attacks”.
The case naming Dubai Islamic Bank was flagged up with Mr Al Otaiba on Dec 15, as “the first Jasta complaint involving a UAE party as a defendant”.
He replied: “It was going to happen sooner or later.” The claim against the Bank was withdrawn last month, at an early stage. The bank did not respond to requests for comment.
The disclosures come amid a growing row among Gulf Arab monarchies after Saudi Arabia and UAE severed diplomatic and transport links with Qatar, accusing it of supporting terrorism.
Qatar’s US ambassador denied this, saying on Sunday that “Emiratis, not Qataris, were among the hijackers who flew planes into the Twin Towers”.
US laws granting foreign nations immunity from legal claims have prevented previous attempts to sue Saudi Arabia for alleged complicity in the September 11 attacks. Allegations of complicity have always been publicly denied by Saudi Arabia, while the Pentagon has described the UAE as “very solid partners”.
In September last year, Congress overwhelmingly passed Jasta, in order to allow such claims. The move overrode a veto by Barack Obama, who argued that the law would expose US troops abroad to lawsuits if other countries introduced reciprocal legislation.
Senators John Mccain and Lindsey Graham attempted to pass a legislative “fix” which would narrow its scope in the months after its approval.
An urgent email from a senior US official to Mr Al Otaiba on Dec 1 stated he “cannot reach Adel [al-jubeir, Saudi foreign minister]”. He forwarded a message to Mr al-jubeir about the “fix”, asking: “Is the Kingdom OK with it?”
Mr Al Otaiba replied: “Adel is trying to reach you. The answer is YES.”
A senior official at the UAE embassy then told the ambassador that Mr Graham “needs three Dems [Democrats] to co-sponsor his legislation”.
She named three senators she believed “would be open to you making the ask that they co-sponsor, if you’re comfortable doing so”.
“Happy to do it,” Mr Al Otaiba replied. He asked about whether to approach a fourth senator, but was told: “Adel went to see him at 12:30 today.”
In a separate letter to a fifth senator, Mr Al Otaiba said he understood “the desire to provide justice for those who were affected by 9/11”. But the “unintended consequences” of the legislation posed a large risk to the US and its allies.
He highlighted three reasons for supporting the “fix” – namely “the impact of Jasta on US troops and military personnel, the impact of Jasta on the US’S counterterrorism cooperation and intelligence-sharing efforts, and the impact on US investments both domestic and abroad”.
He added: “If a foreign sovereign nation is at risk of being sued in a US court, even if it’s an ally, that nation will be less likely to share crucial information and intelligence under Jasta. Why risk alienating key allies at a time when their cooperation is absolutely necessary?”
Ahead of Congress’s vote to override Mr Obama’s veto, the UAE’S foreign minister, Sheikh Abdullah bin Zayed Al-nahyan, warned that the law would have “negative effects on international cooperation in the fight against terrorism”.