The United States reluctantly handed over a boatload of Scud missiles to Yemen on Wednesday after the Yemeni government promised the weapons would not end up in the hands of terrorists. After high-level talks between the two governments, the U.S. Navy was ordered by Washington to release the unflagged cargo ship, which was carrying the Scuds from North Korea when it was stopped by two Spanish warships on Monday in the Arabian Sea and searched.

U.S. concerns about the shipment centred on fears that the Scuds could be mounted with warheads filled with chemical, biological or nuclear materials by Iraq or another rogue state or terrorist organisation.

Secretary of State Colin Powell said Washington released the ship after getting assurances directly from Yemeni President Ali Abdullah Saleh that "this was the last of a group of shipments that go back some years and had been contracted for some years ago, (that) this would be the end of it".

Both Powell and Vice President Dick Cheney spoke to Saleh about the Scuds.

"We had assurance that these missiles were for Yemeni defensive purposes and under no circumstances would they be going anywhere else," Powell said in a speech.

Yemen, an Arab state that has become a U.S. ally in the war on terrorism, said the Scuds were destined for its army and had demanded them back. Yemeni Foreign Minister Abu-bakr al-Qerbi told CNN the Scuds were needed to "protect and defend" Yemen's territory.

Yemen has been a haven for Osama bin Laden's al Qaeda network. The USS Cole was at port in the Yemeni capital Aden when it was rocked by a al Qaeda bomb attack in 2000, killing 17 U.S. soldiers. On November 3, six suspected al Qaeda followers were killed in Yemen when the car they were in was destroyed by a missile fired from a U.S. unmanned Predator drone.

HIDDEN UNDER CEMENT BAGS

The North Korean shipment was believed to contain 15 Scud missiles, 15 conventional warheads and 85 drums of unidentified chemicals, found hidden under cement bags on the ship. Spain called in the U.S. Navy for help after finding the weapons.

At the White House, spokesman Ari Fleischer called the search a success but lamented that international law did not prevent the shipment of Scuds. The ship had been tracked for weeks by U.S. intelligence since it left North Korea.

"We have looked at this matter thoroughly. There is no provision under international law prohibiting Yemen from accepting delivery of missiles from North Korea," he said.

"While there is authority to stop and search, in this instance there is no authority to seize a shipment of Scud missiles from North Korea to Yemen and therefore the merchant vessel is being released."

Yemen gave Washington assurances that it "would not transfer these missiles to anyone," he said. There were initial concerns the shipment could ultimately be destined for a "potential terrorist nation," he said.

The United States would still seek to answer why the missiles were hidden inside the ship and why the ship was not flying a flag of identification. But the fact that they took those steps was "not a violation of anything," Fleischer said.

The shipment renewed proliferation concerns about the Stalinist government of North Korea, already under fire from the United States, South Korea, Japan, China, Russia and other nations for a nuclear weapons program.

"This just shows again that North Korea is one of the large proliferators of weapons in the world. They make a lot of money out of it. And here they are obviously sending those missiles for money to a volatile region of the world," said Republican Sen. Richard Shelby of Alabama, ranking Republican on the Senate Intelligence Committee.

Rep. Ike Skelton of Missouri, ranking Democrat on the House of Representatives Armed Services Committee, said: "North Korea's status as the leading proliferator of destabilizing weapons can no longer be tolerated." He urged the Bush administration to take aggressive steps to deal with North Korea

PHOTO CAPTION

A helicopter lowers Spanish marine special forces aboard the North Korean ship So San, as it is intercepted at dawn in the Arabian Sea December 9, 2002. The United States on Dec. 11 agreed to release the ship carrying Scud missiles which Yemen said were intended for its army. Photo by Spanish Defense Ministry/Reuters
- Dec 11 3:47 PM ET