Identifier
Created
Classification
Origin
06JAKARTA13143
2006-11-07 13:32:00
CONFIDENTIAL
Embassy Jakarta
Cable title:  

NAMRU-2 NEGOTIATIONS TO PROCEED NOVEMBER 9

Tags:  MARR MOPS PREL TBIO AMED AMGT KFLU KTIA ID 
pdf how-to read a cable
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C O N F I D E N T I A L JAKARTA 013143 

SIPDIS

SIPDIS

E.O. 12958: DECL: 11/07/2011
TAGS: MARR MOPS PREL TBIO AMED AMGT KFLU KTIA ID
SUBJECT: NAMRU-2 NEGOTIATIONS TO PROCEED NOVEMBER 9

REF: A. JAKARTA 13008

B. JAKARTA 12830

C. JAKARTA 5780

D. 05 JAKARTA 16054

E. EMAIL MCFEETERS/DESJARDINS 02/07/06

Classified By: AMBASSADOR B. LYNN PASCOE FOR REASONS 1.4 (b) and (d).

C O N F I D E N T I A L JAKARTA 013143

SIPDIS

SIPDIS

E.O. 12958: DECL: 11/07/2011
TAGS: MARR MOPS PREL TBIO AMED AMGT KFLU KTIA ID
SUBJECT: NAMRU-2 NEGOTIATIONS TO PROCEED NOVEMBER 9

REF: A. JAKARTA 13008

B. JAKARTA 12830

C. JAKARTA 5780

D. 05 JAKARTA 16054

E. EMAIL MCFEETERS/DESJARDINS 02/07/06

Classified By: AMBASSADOR B. LYNN PASCOE FOR REASONS 1.4 (b) and (d).


1. (C) Summary: We will be proceeding with an initial
NAMRU-2 negotiation session on November 9. The Ambassador
was told by Eddi Hariyadhi, Director General for American and
European Affairs in the Department of Foreign Affairs Nov. 7
that he is confident that resolution of the issue would
proceed "quickly." This message lays out our planned initial
approach towards the negotiations. End Summary


2. (C) In the scheduled initial talks November 9 on the
prospective Memorandum of Understanding on Naval Medical
Research Unit-2 (NAMRU-2),we intend to lay out a
presentation on the main areas of agreement and disagreement
between our two sides based on the two texts (refs D and E)
that each side presented last winter. While we emphasize
that any exchange of ideas would be preliminary, our goal
would be to seek to lay the groundwork to resolve minor
differences first in order to start a momentum towards
progress. At the same time, we would lay down clear markers
on those issues that are most important to us and the ability
of NAMRU-2 to carry out its work in a legal, practical and
orderly fashion without compromising its scientific quality.
It will be vital as we move forward in the coming sessions
that the Department be prepared to move quickly to address
issues as they arise in the negotiations. It is important to
take advantage of the willingness of the GOI, under pressure
from their president, to engage on this issue. We hope that
the first session will at least create a path for the
negotiations for subsequent sessions.



3. (C) From our perspective, the most important issues that
we face as we move forward in this negotiation are those of
status, transfer of technology and control of NAMRU-2's
activities. On status, we believe that maintaining A and T
status for NAMRU-2 personnel is essential in order to ensure
the integrity of the work and protect them to operate freely
like other USG employees overseas. In doing so, we would
emphasize the fact that NAMRU-2 is an integral part of the
U.S. Mission that should be treated in the same manner as
other USG personnel assigned here.


4. (C) On transfer of technology, we would seek to avoid any
changes from the status quo, while pointing out that the
laboratory assistance they have drafted into their version is
already being supplied outside the NAMRU-2 context through
other programs. We would note as well that there are
existing opportunities for training of Indonesian government
personnel that are not being taken advantage of. While we
would not encourage insertions into the text, we would
attempt to use recognition of these realities to establish
the principle that such issues can be addressed outside the
MOU through other mechanisms. We will work assiduously to
ensure that no new bureaucratic control measures would be
implemented that would have the effect of preventing the
smooth operation of NAMRU-2 activities.


5. (C) On intellectual property rights and funding issues,
we believe an education process will be required to make our
interlocutors understand the international legal and
scientific standards that need to be adhered to in order to
maintain the reputation of NAMRU-2, ensure that researchers
receive the credit that they have earned and that the
conditions of funding grants are respected. The assumption
is often made that NAMRU-2 is centrally funded by the USG,
with little understanding of the low percentage of such
funding. We will strive to make inroads in raising GOI
awareness of these realities and the practical implications

on NAMRU-2's work.


6. (C) The Indonesians have inserted multiple layers of
language in their draft betraying the distrust of their
security agencies concerning NAMRU-2's true purpose. We will
work to eliminate this redundant language and keep it as
close to our language as possible while assuring that NAMRU-2
is truly and legitimately an unclassified activity that is
fully open to Indonesian access. In fact, we wish to
encourage joint collaboration as completely as possible and
seek useful means to do so.


7. (C) There are areas where we believe that Indonesian
language should not present much of a problem and that we
might propose to explore reasonably quick solutions. For
example, in their draft they specify that Indonesian ethical
standards must be respected when dealing with human subjects.
NAMRU-2 is required by American law to respect local law in
this area, thus we are already doing what the Indonesians are
requesting. Similarly, NAMRU-2 practice in handling
specimens resembles to a certain extent the procedures
spelled out in the Indonesian draft. We believe that
suitable wording could be found to meet the interests of both
sides. The Indonesians specifically request that we pay for
maintenance and repair of facilities, something we are doing
already, but which is not addressed in our draft. We believe
that addressing that point should prove relatively simple
without changing the current status quo. Our draft calls for
the Indonesians to build a laboratory. We believe that this
is unnecessary (provided we are not required to build one)
since the goal is to have their personnel imbedded within
NAMRU-2, and in fact we are providing assistance for their
laboratory through State ISN funding.
PASCOE