U.S., Yemen finalizing agreement on Cole investigation, sources say

The USS Cole is shown after being lifted out of the water by the Blue Marlin

Authorities in Aden refuse to let U.S. Navy helicopter land

In this story: U.S. reviewing memorandum of understanding Helicopter was seeking videotape of USS Cole RELATED STORIES, SITES

From CNN State Department Correspondent Andrea Koppel and CNN Military Correspondent Jamie McIntyre

WASHINGTON (CNN) -- The U.S. and Yemeni governments are in the midst of "trying to hammer out a written agreement" on a broad range of issues relating to the investigation of the October 12 attack on the USS Cole, two administration sources told CNN.

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"What's good," said one official, "is that the Yemenis are trying to find a workable approach ... but remember they've never done this before."

Officials said the memorandum of understanding was initiated by the Yemeni government, which wanted to try to explain its laws and the "parameters" that local officials are under with respect to the Cole investigation.

In another sign that the two countries may be having difficulty finding common ground, the U.S. Navy on Tuesday was refused permission to land one of its helicopters in Aden.

A U.S. Navy official could not rule out the possibility that the Navy might have failed to follow proper procedures for obtaining diplomatic clearances.

The memorandum of understanding has already been reviewed by the United States once and sent back to Yemen. Officials said the United States has received the latest draft from Yemen and it is being translated from Arabic.

"The ball is in our court," said one official.

In the weeks since the attack -- which killed 17 sailors and injured 39 others -- U.S. officials have made no secret of the fact they have grown increasingly frustrated and concerned about being excluded from interviews with witnesses and potential suspects, conducted exclusively by Yemeni investigators.

As things stand, FBI officials must submit questions to be asked on their behalf. After these interviews, Yemeni officials provide U.S. investigators with transcripts.

Administration sources said the draft agreement on "implementation" of the investigation would allow FBI investigators to be present during the questioning of witnesses and potential suspects. While FBI investigators could not ask questions directly, they could ask Yemeni authorities to conduct follow-up questions.

Officials said they are heartened by the fact the Yemeni government has been "trying to find a modus operandi to conduct the investigation."

The agreement would include the "sharing of all findings."

"It's not like the FBI is going to grab someone off the street and put them under the lights," another official said.

The United States expects negotiations on the draft agreement to be concluded in the next "day or two."

"We're at a critical juncture," explained this official. "There's been some positive developments. ... On a scale of one to 10, I'd give the Yemenis around a five. But it could go down or up soon."

As for suspects, this official said it was premature to finger Saudi exile Osama bin Laden as the primary culprit.

"We do not know that now," he said.

The crippled destroyer USS Cole was loaded aboard the heavy-transport ship Blue Marlin roughly 20 miles offshore in a process that was recorded over the past two days by U.S. Navy photographers.

The USS Cole rests on the submerged deck of the heavy lift transport ship Blue Marlin

The Navy planned to provide videotape of the event to American news networks at noon local time, but the government of Yemen first delayed, and then refused, to grant permission for the helicopter to enter Yemeni airspace.

"Sometimes these things turn out to be our own fault," a U.S. Navy official said, speaking on condition of anonymity.

The Navy now plans to send its video back to the United States by way of a video teleconference system on the amphibious assault ship USS Tarawa.

Pentagon spokesman Ken Bacon said Tuesday it would take several days for the Navy to make sure the USS Cole was "well-seated and secure" on board the Blue Marlin before it began its voyage to the United States.

The route the Blue Marlin will take will be determined by the Navy, Bacon said. Fearful of more terrorist attacks, U.S. Navy warships are avoiding the Suez Canal, the usual route for ships traveling between the Mediterranean Sea and Persian Gulf.

The Blue Marlin is expected to arrive in Norfolk, Virginia, in early December.

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Yemeni president cites 'positive' developments in Cole attack probe
October 25, 2000
U.S. reports increase in terrorist threats
October 24, 2000
Pentagon: Transport ship for USS Cole to arrive in Aden on Saturday
October 24, 2000
Crippled Cole awaits tow vessel
October 23, 2000
Former U.S. Army sergeant pleads guilty in embassy bombings
October 20, 2000
Terrorism signs worry U.S. forces, prompt travel alert
October 18, 2000

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