TREATY OF AMITY AND COOPERATION IN SOUTHEAST ASIA: VIETNAM PRESSES FOR ARF MEMBER ACCESSION

UNCLAS SECTION 01 OF 02 HANOI 000566

SIPDIS

STATE FOR EAP/BCLTV, EAP/RSP

E.O. 12958: N/A
TAGS: PREL VM ASEAN ARF
SUBJECT: TREATY OF AMITY AND COOPERATION IN SOUTHEAST ASIA: VIETNAM PRESSES FOR ARF MEMBER ACCESSION


1. ON FEBRUARY 6 MFA ASEAN DEPARTMENT CALLED IN LOCAL
REPRESENTATIVES OF ARF MEMBER-COUNTRIES FOR A BRIEFING ON
THE CURRENT STATUS OF THE TREATY OF AMITY AND COOPERATION
(TAC) IN SOUTHEAST ASIA. ASEAN DEPARTMENT DEPUTY DIRECTOR
PHAM HUU CHI PRESIDED; REPRESENTATIVES FROM CANADA, CHINA,
DPRK, INDIA, JAPAN, MONGOLIA, NEW ZEALAND, ROK, RUSSIA, AND
THE U.S. (POLOFF) ATTENDED.

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2. CHI STARTED BY NOTING THAT THE SECOND PROTOCOL TO THE
TAC, SIGNED BY ASEAN FOREIGN LMINSTERS AT THE 31ST ASEAN
MINISTERIAL MEETING IN JULY 1998, HAS NOW COME INTO EFFECT
WITH ASEAN'S RECEIPT OF INSTRUMENTS OF RATIFICATION FROM
PAPUA NEW GUINEA LATE LAST YEAR. ASEAN VERY MUCH HOPES THAT
DIALOGUE PARTNERS, ARF MEMBERS, AND OTHER INTERESTED PARTIES
WILL ACCEDE TO THE SECOND PROTOCOL. ALTHOUGH THAILAND IN
ITS THEN-CAPACITY AS ASEAN CHAIR REITERATED THIS INVITATION
IN MAY 2000, UP TO THIS POINT ASEAN HAS PRELIMINARY
RESPONSES FROM ONLY THREE COUNTRIES: JAPAN, NEW ZEALAND, AND
THE UNITED STATES. CHI DECLINED TO DESCRIBE THESE
RESPONSES.


3. CHI CONTINUED THAT ASEAN HAS RECEIVED INQUIRIES FROM A
NUMBER OF OTHER STATES, AND SUMMARIZED ANSWERS TO QUESTIONS
ON TWO MAIN ISSUES AS FOLLOWS. (NOTE: THESE DETAILS DIFFER
VERY LITTLE FROM THOSE IN THE MAY 2000 THAI LETTER.)

-- RIGHTS AND OBLIGATIONS OF CONTRACTING PARTIES: UPON
ACCESSION, NON-SOUTHEAST ASIAN STATES WOULD BECOME "HIGH
CONTRACTING PARTIES" TO THE TAC, WITH ESSENTIALLY THE SAME
RIGHTS AND OBLIGATIONS AS SOUTHEAST ASEAN STATES. THE
EXCEPTIONS WOULD BE THAT NON-SOUTHEAST ASIAN STATES WOULD
NOT HAVE THE RIGHT OF CONSENT TO NEW ACCESSIONS BY OTHER NON-
SOUTHEAST ASIAN STATES, AND WOULD NOT PARTICIPATE IN THE
HIGH COUNCIL UNLESS DIRECTLY INVOLVED IN A DISPUTE THE
COUNCIL WAS ASKED TO CONSIDER. NON-SOUTHEAST ASIAN STATES
COULD, HOWEVER, ASK TO BE OBSERVERS OF HIGH COUNCIL
PROCEEDINGS.

-- FUNCTIONS OF THE HIGH COUNCIL: CHI SAID ASEAN IS
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STILL FINALIZING THE RULES OF PROCEDURE FOR THE HIGH
COUNCIL, BUT IS MAKING GOOD PROGRESS AND HAS AN AGREED
DRAFT. ASEAN HOPES THE RULES OF PROCEDURE CAN BE ADOPTED AT
THE JULY AMM IN HANOI, AFTER WHICH TIME ASEAN CAN GIVE MORE
DETAILED ANSWERS TO QUERIES ON THIS BODY.


4. CHI REITERATED ASEAN'S HOPE FOR PROGRESS ON TAC
ACCESSION SOON, AND ASKED ATTENDEES TO RELAY THIS DESIRE TO
THEIR CAPITALS AND SEEK FEEDBACK. ASEAN HOPES FOR RESPONSES
BEFORE THE MAY ARF SOM OR, FAILING THAT, THE JULY
MINISTERIAL. CHI ALSO ASKED FOR IMMEDIATE VIEWS OF
ATTENDEES PRESENT. SELECTED REPRESENTATIVES PROVIDED THE
FOLLOWING REMARKS:

-- NEW ZEALAND IS STILL AWAITING ASEAN'S RESPONSE ON
THREE ISSUES: CLARIFICATION OF "NON-INTERFERENCE" IN
ARTICLE 2C; CLARIFICATION OF "THREAT TO POLITICAL AND
ECONOMIC STABILITY IN ARTICLE 10; AND CLARIFICATION ON
CONTRACTING PARTIES' RIGHTS TO CHOOSE WHETHER OR NOT TO USE
THE HIGH COUNCIL.

-- SWEDEN, AS THE CURRENT INCUMBENT OF THE EU
PRESIDENCY, BELIEVES THE TAC IS VALUABLE AND ALL PARTIES
HAVE AN OBLIGATION TO CONSIDER IT SERIOUSLY. THE EU IS
STILL STUDYING THE ISSUE OF ACCESSION, HOWEVER, AND WITH 15
MEMBER COUNTRIES MAY REQUIRE SOME MORE TIME TO FORM A
COHESIVE RESPONSE.

-- MONGOLIA IS INTERESTED IN ACCEDING TO THE PROTOCOL,
AND SEEKS THE VIEWS OF OTHER POTENTIAL CONTRACTING PARTIES.
MONGOLIA SOLICITED BILATERAL DIALOGUE ON THE ISSUE.
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-- JAPAN, ROK, AND CANADA MADE POLITE BUT NON-COMMITTAL
RESPONSES, NOTING ONLY THAT ALL WERE STUDYING THE PROPOSAL.
OTHER REPRESENTATIVES OFFERED NO COMMENT.


5. SWEDISH, NEW ZEALAND, AND ROK REPRESENTATIVES ALL
APPROACHED POLOFF AFTER THE MEETING SEEKING FURTHER DETAILS
ON THE U.S. POSITION. ROK REPRESENTATIVE WAS PARTICULARLY
INTERESTED IN LEARNING IF THE U.S. INTENDS NOT TO ACCEDE.
SWEDISH AMBASSADOR FOLLOWED UP WITH A CALL THE NEXT DAY
EMPHASIZING HER INTEREST IN U.S. VIEWS.


6. COMMENT: VIETNAM IS STILL LOOKING FOR TANGIBLE
ACCOMPLISHMENTS TO MARK ITS TENURE AS ASEAN AND ARF CHAIR,
AND WOULD WELCOME MOVEMENT ON THE TAC. ITS PONDEROUS AND
HESITANT CONSULTATION STYLE, HOWEVER, IMPEDES ITS OWN
OBJECTIVES; WHEN ASKED, CHI WAS UNWILLING TO CHARACTERIZE
PRELIMINARY REPONSES FROM THE U.S., JAPAN, AND NEW ZEALAND
IN EVEN GENERAL TERMS, SAYING THESE VIEWS WERE "SECRET."
NEW ZEALAND'S VERY DETAILED RESPONSE, REPEATED TWICE, SEEMED
TO BE INTENDED AS A COUNTERPOINT. EMBASSY EXPECTS CONTINUED
REQUESTS FROM LOCAL COUNTERPARTS FOR FEEDBACK ON OUR
POSITION.

HARTER

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