Rosoboronexport message to Republic of Thailand

[John]

Office of the CEO of Rosoboronexport
Message to the Republic of Thailand
Private & Encrypted

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To: Sutin Klungsang, Minister of Defence for the Republic of Thailand (Bossza007)
From: Igor Sevastyanov, Chief Financial Officer of Rosoboronexport

To Minister Klungsang,

We have recently been made away of "RTAF Sale Authority #001" which is the sale of ten Russian build Gepard-class frigates which you purchased from us. The deal, signed on 1999-08-07 by Supachai Panichpak, in which Mr. Panichpak agreed to the terms of service, holds you to them.

The reason I am contacting you is because the attempted sale of these ten Gepard-class frigates violated the terms of service that your nation signed. Specifically clause #3: "Nations and partners who purchase from Rosoboronexport cannot sell, trade/exchange, or donate/give away purchased equipment to third parties without expressed permission by Rosoboronexport."

I would like to request that you now stop all sale of Russian made equipment or we will be forced to take further action.

Kindest Regards,
Igor Sevastyanov
Chief Financial Officer
Rosoboronexport

 

[Bossza007]

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To: <Igor Sevastyanov, Chief Financial Officer, Rosoboronexport> John From: <Sarabun@mod.mail.go.th> Subject: RTAF Sales Authority #001 Security Type: High Secure Encrypted Method - Protect by NIA Counter-Intelligence Service - The decryption method is sent separately via fax

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Dear Mr. Sevastyanov,

We have received your correspondence concerning the sale of ten Gepard-class frigates that we originally purchased from Rosoboronexport. But we need to be unambiguous about how the terms of service should be interpreted—more especially, clause #3.

Our interpretation of the agreement permits a more expansive reading than would otherwise be assumed, especially given our understanding of the agreement's usage of the phrase "equipment." Although the Gepard-class frigates were originally classified as military vessels, they have received significant adjustments for use in non-military missions, with the meaning of alterations focusing on the purpose the vessels are used. These changes respect international law and GA charters while being in line with our national policy that prioritizes humanitarian, coast guard, disaster relief, escort vessel, and defensive objectives. It is important to note that these Gepard-class ships were deemed obsolete and unfit for service when we initially acquired them, which is why they are classified as non-combatant. Because of their non-combatant vocation, they had never been in combat, outside of training drills.

Furthermore, the contract's definition of "equipment" does not specifically include or exclude any particular class of military hardware, such as frigates. The term's definition is ambiguous, therefore several interpretations might be made of its meaning. We have selected an interpretation that is consistent with both the spirit of international cooperation and our country's interests.

Because of their altered purpose and expertise, the objects sold no longer fit into the traditional definition of "military frigates," therefore the sale to Canada does not violate the terms of the agreement.

We consider this strategy complies with the letter of our contract with Rosoboronexport. We are dedicated to sustaining a robust and constructive partnership with both your distinguished organisation and the nation of Russia. But we also have to stand up for our sovereignty and our freedom to conduct international trade and diplomacy in a way that benefits our country.

Yours sincerely,

Sutin Klungsang
Minister of Defence
Republic of Thailand

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[John]

Office of the CEO of Rosoboronexport
Message to the Republic of Thailand
Private & Encrypted

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To: Sutin Klungsang, Minister of Defence for the Republic of Thailand Bossza007
From: Igor Sevastyanov, Chief Financial Officer of Rosoboronexport

To Minister Klungsang,

Regardless of your "interpretation" of the agreement. It stands as is. As for your passing off of "does not specifically include or exclude any particular class of military hardware, such as frigates" well frankly we disagree. The terms of service and agreement that the Republic of Thailand entered into with Rosoboronexport are legally binding.

The terms of service do are not limited to military equipment and therefore you are in breach of agreement. Your blatant disregard of this show's that the Republic of Thailand has a complete disregard for international agreements and friendships.

Therefore I must now issue this notice to the Republic of Thailand;

'Addressed on behalf of Rosoboronexport to the Republic of Thailand,

I am writing on behalf of Rosoboronexport to address a serious issue that has arisen. Despite numerous warnings and discussions about your disregard for the Terms of Service.

The purpose of this letter is to inform you that you are now formally banned from purchasing or renting equipment from Rosoboronexport. This decision has been made in accordance with the policies of our business.

We hope that this action can serve as an awakening and induce a change in your behavior. We appreciate your understanding and cooperation.

Kind Regards
Viktor Komardin
Chief Legal Officer
Rosoboronexport'

I must now send another formal request that you cease sale of Russian built equipment.

Kindest Regards,
Igor Sevastyanov
Chief Financial Officer
Rosoboronexport

 

[Bossza007]

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To: <Igor Sevastyanov, Chief Financial Officer, Rosoboronexport> John From: <Sarabun@mod.mail.go.th> Subject: RTAF Sales Authority #001 Security Type: High Secure Encrypted Method - Protect by NIA Counter-Intelligence Service - The decryption method is sent separately via fax

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Dear Mr. Sevastyanov,

Your latest letter, dated July 19, 2003, was received with tremendous concern. While we recognise Rosoboronexport's viewpoint, we must state firmly the Republic of Thailand's unquestionable stance.

The meaning of the phrase "equipment" in the agreement remains at the heart of our argument. The concept of contract law is that ambiguity in contract terms is construed against the drafter, in this case, Rosoboronexport. Our judgement that the modified Gepard-class frigates are not included by the phrase "equipment" as originally envisaged in the agreement is both legally sound and compatible with contractual interpretation standards.

We emphasise that, after modification, the Gepard-class frigates fulfil largely non-military missions. This alteration of their practical value is consistent with international standards and within our sovereign rights. The agreement's lack of clarification about the kind of "equipment" supports our conclusion.

Your claim that our activities show a disrespect for international accords is unfounded and disregards our sovereign rights. We maintain that our acts are in accordance with the agreement's language and spirit, as well as international law.

Regarding your notification to prohibit the Republic of Thailand from acquiring or renting equipment from Rosoboronexport, we believe this is an overreaction to a commercial issue. We feel that such a decision is contrary to the spirit of international collaboration and diplomacy.

We are not only prepared, but also determined to defend our stance with uncompromising rigour. The Republic of Thailand unequivocally condemns your effort to misinterpret the agreement and impose unilateral sanctions as a result. To be clear, the vessels in issue were judged antiquated and unsuitable for operation when they were purchased. Their extensive repurposing for non-military applications demonstrates our resource innovation in accordance with both our sovereign rights and international norms.

We feel compelled to remind Rosoboronexport that any effort to coerce or impose punitive measures on the Republic of Thailand would be addressed with the harshest legal retaliation conceivable, both in international courts and through diplomatic channels. Our activities are solidly rooted in legal precedent and sovereign autonomy principles. Any future unsubstantiated charges or threats will be treated as a major breach of diplomatic behaviour, and we will respond appropriately.

The Republic of Thailand values its sovereignty and international position and will not be intimidated or threatened. We demand that your prohibition be lifted immediately and that you recognise our right to use the bought equipment in accordance with our national interests and legal interpretations.

With highest regard,

Piyabutr Saengkanokkul
Minister of Justice
Republic of Thailand

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[John]

Office of the CEO of Rosoboronexport
Message to the Republic of Thailand
Private & Encrypted

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To: Sutin Klungsang, Minister of Defence for the Republic of Thailand Bossza007
From: Igor Sevastyanov, Chief Financial Officer of Rosoboronexport

To Minister Klungsang,

In your recent correspondonce you have actually admitted to breaking our terms of service. Specifically clause #4 which states "Nations and partners who purchase from Rosoboronexport cannot upgrade purchased equipment nor use purchased equipment for their own technological engineering without expressed permission by Rosoboronexport."

To use your own argument against you and to use "ambiguity", by modifying the vessels to conduct, as you say, 'non-military missions' you have broken the terms of service.

And you are correct, the statement of equipment can be considered ambigious - however, the terms of service literally state that it is any "purchased equipment" regardless of its military or non-military applications.

You then, in an what appears to be an attempted insult to Rosoboronexport and the Russian people to tried to transfer the frigates to Canada and now over nine hundred Thai sailors have been arrested.

If you had responded appropriately to my first message, instead of immediately getting defensive - Rosoboronexport would have offered to purchase back the ten frigates on behalf of the Russian government. However, you made this issue and now the Republic of Thailand has to see that actions do have consequences and the results of the actions of your nation is that the ban will remain in place until this issue can be resolved.

Kindest Regards,
Igor Sevastyanov
Chief Financial Officer
Rosoboronexport

 

[Bossza007]

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To: <Igor Sevastyanov, Chief Financial Officer, Rosoboronexport> John From: <Sarabun@mod.mail.go.th> Subject: RTAF Sales Authority #001 Security Type: High Secure Encrypted Method - Protect by NIA Counter-Intelligence Service - The decryption method is sent separately via fax

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Dear Mr. Sevastyanov,

I am writing in response to Rosoboronexport's recent correspondence over the purported term violation pertaining to the Gepard-class frigates. We must respond in a straightforward and unambiguous manner to your assertion that we are in breach of Clause #4 of our agreement.

Permit me to clearly address a crucial misconception that appears to have resulted from your most recent correspondence. It is necessary to correct your misconception of the Republic of Thailand's modification of the Gepard-class frigates for "non-military missions" and subsequent breach of the conditions of service. As I have said before, these frigates were already deemed unfit for use in any kind of armed conflict when they were purchased. Thailand's use of them has closely followed their operating parameters and pre-existing state. Nothing has been improved upon, technology changed, or redesigned that differs from how things were originally intended. As a result, the claim that changing these vessels in any way would violate Clause #4 of our contract is unfounded and disregards the precise context I gave in my earlier email. It is critical that rather than relying on baseless charges, we ground our conversations in factual facts and legal knowledge.

I also have to stress how important it is to evaluate our earlier correspondence carefully and accurately. I recommend reading through my previous communications to have a better grasp of our position. This is not just a recommendation for clarity's sake; rather, it is an essential step to guarantee that our talks are based on factual context and legal reality. We both have a stake in having a solid grasp of legal concepts going into this discussion since time is a valuable resource. Misinterpreting each other or ignoring important facts defeats the goal of our conversation and keeps us from coming to a positive conclusion.

Furthermore, there is still disagreement regarding how the agreement defines the phrase "equipment". Although Rosoboronexport could define "purchased equipment" to include both military and non-military uses, this reading is too wide and ignores the agreement's actual implementation and context. As is customary in law, the ambiguity in the contract has to be read against the drafter, in this case Rosoboronexport.

Furthermore, your view ignores the legal idea of pacta sunt servanda, which requires parties to uphold the provisions of a treaty in good faith, as well as the fundamental premise of sovereign rights. The Republic of Thailand has utilized the frigates in a way that is consistent with both international law and our country's interests, adhering to the word and spirit of our agreement.

In addition to being an overreach, your recent actions—which include imposing a prohibition on future transactions with Thailand—may be detrimental to our long-standing bilateral relationship. Such actions are out of scale and do not represent the cooperative nature of global trade and diplomacy.

Furthermore, I would want to convey my worries about the professional manner in which we have been communicating lately. Particularly in your recent correspondence, Rosoboronexport's tone and manner of operation have not been in keeping with the standard of professionalism and diplomatic etiquette that is required in these kinds of cross-border exchanges. It is essential that both of our organizations hold legally sound and respectful conversations on this topic, given the gravity of the situation and our different positions. Effective and polite international interactions are built on the foundation of professionalism in communication. I hope that going ahead, this understanding will be reflected in our encounters, and we will work to have a conversation that is both productive and appropriate for our institutions.

I strongly recommend that Rosoboronexport reevaluate its stance in light of these factors. The Republic of Thailand is still dedicated to finding a peaceful solution to this issue that takes into account our shared interests. However, please be aware that we will use all of our legal and diplomatic resources to respond forcefully to any more baseless accusations or punitive actions.

The Republic of Thailand cherishes its relationships with other countries and works to keep the discourse civil and productive. We eagerly await your reexamination of the situation and a speedy conclusion that respects the sovereignty of sovereign states and is equitable.

With highest regard and headache,

Piyabutr Saengkanokkul
Minister of Justice
Republic of Thailand

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Upon sending, the Thai Justice Minister would exclaim, “Holy fuck, don’t these Russian study law in their high school? Or is it just that Thailand is putting too much pressure on its students to be smart? WTF.”

 

[Jay]

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In light of Thailand's violations of Russia's arms export laws as administered by Rosoboronexport, the Russian Federation's Ministry of Justice has launched an official investigation into Thailand's state conduct and consequentially this diplomatic cable has been copied for storage within the Russian Justice Ministry.

Pursuant to Resolution No. 84 of November 21, 2003 following conversation has recorded and transported to the Federal Security Service for archive and use in their investigation alongside the Ministry of Justice and shall be done discreetly.

 

[Jay]

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In light of Thailand's violations of Russia's arms export laws as administered by Rosoboronexport, the Russian Federation's Ministry of Justice has launched an official investigation into Thailand's state conduct and consequentially this communication between the Russian company Rosoboronexport and Thailand has been copied for storage within the Russian Justice Ministry.

Pursuant to Resolution No. 84 of November 21, 2003 following conversation has recorded and transported to the Federal Security Service for archive and use in their investigation alongside the Ministry of Justice and shall be done discreetly. This document would be subpoenaed by the Russian Justice Ministry and subsequently handed over.

 

[Bossza007]

Internal Security Operation Command
Ministry of Interior
Strictly Confidential | Archived | Indefinitely Postponed Disclosure Date​

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In response to the recent developments involving the Ministry of Justice, Ministry of Foreign Affairs, and the Republic Ordnance Manufacturing Company in a scandal concerning the purported unauthorized transfer, premature decommissioning, sale, and transportation of ten decommissioned Gepard-class Frigates, the Internal Security Operation Command, under the purview of the Ministry of Interior, exercises its authority to freeze, lock, archive, and indefinitely postpone the disclosure date of the relevant documentation.​