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