MLAT NEGOTIATING DYNAMICS

C O N F I D E N T I A L SINGAPORE 003518

SIPDIS

STATE FOR L/LEI DAVID BUCHHOLZ, JUSTICE FOR DOJ/OIA STEWART
ROBINSON

E.O. 12958: DECL: 12/13/2015
TAGS: PREL KTIA KJUS KCRM PGOV SN
SUBJECT: MLAT NEGOTIATING DYNAMICS

REF: SINGAPORE 3516

Classified By: EP Counselor Laurent Charbonnet, Reasons 1.4(b)(d)


1. (C) Singapore wants to sign a Mutual Legal Assistance
Treaty (MLAT) with the United States, but doesn't want it to
serve as a model for a Singapore-Indonesia MLAT, MFA Americas
Directorate Director Simon Wong told L/LEI's David Buchholz
December 8, during a read-out on the MLAT negotiations of
December 7 (Reftel.) Wong candidly noted that approximately
2,500 ethnic Chinese Indonesians -- including many wealthy
business families -- had fled to and settled down in
Singapore after the 1998 anti-Chinese riots in Indonesia.
The GOS wanted to continue to protect them from
politically-motivated requests for legal assistance from
Indonesia. He added that the Cabinet had specifically
instructed the Attorney-General's Chambers (AGC -- the lead
GOS agency on MLATs) to "hold the line" on any MLAT with
Indonesia. The AGC had to consider how an MLAT with the
United States might encourage Indonesia, and, to a lesser
extent, Malaysia to seek similar treatment from Singapore.
Buchholz responded that the relatively limited ASEAN-wide
MLAT of November 2004, rather than ours, could serve as the
model for a Singapore-Indonesia MLAT.


2. (C) Wong asserted that MFA was interested in getting rid
of some of Singapore's "sacred cows" on legal issues and law
enforcement cooperation. If the U.S.-Singapore MLAT
negotiations hit a major stumbling block, he said MFA would
be willing to escalate the issue to Deputy Prime Minister and
Minister for Law Jayakumar, who was Foreign Minister until

2004. Asked if the Ministry of Home Affairs (MHA),as a law
enforcement agency, could persuade AGC to agree to a more
open and flexible MLAT, Wong averred that MHA was even more
conservative than the AGC in terms of protecting Singapore
jurisprudence from outside influences.


3. (C) Comment: While we have long suspected that Singapore's
insistence on a more narrow and restricted MLAT with us was
due partially to concern that Indonesia would then demand a
robust MLAT with them, this is the first time a GOS official
has stated it so explicitly and linked it specifically to
protection of a certain group of "2,500" Indonesians. This
is also the first we have heard of the Cabinet's directive to
AGC to "hold the line" on MLATs. We will continue to stress
to the GOS that we should have an MLAT that reflects the
depth and breadth of the U.S.-Singapore relationship,
independent of any demands from a third country. Despite
Wong's statements that the GOS wants an MLAT with us, the
proof will be in its actual offers. End Comment.
HERBOLD