INTERNATIONAL MARITIME ORGANIZATION KUALA LUMPUR MEETING ON

UNCLAS SECTION 01 OF 09 KUALA LUMPUR 001874

SIPDIS

DEPT FOR EAP, L/OES, S/CT, DS/ATA

SIPDIS

E.O. 12958: N/A
TAGS: PREL PTER MARR MASS EWWT IMO MY
SUBJECT: INTERNATIONAL MARITIME ORGANIZATION KUALA LUMPUR MEETING ON
THE STRAITS OF MALACCA AND SINGAPORE, SEPTEMBER 18-20, 2006

REF: A. 05 JAKARTA 013246 (NOTAL)


B. 06 STATE 138286 (NOTAL)

C. 06 LONDON 6347

D. 06 NEW DELHI 5862

E. 06 STATE 138300

F. 06 SINGAPORE 2900

Summary
--------------


1. Malaysia hosted the second International Maritime Organization
(IMO)-sponsored meeting on "The Straits of Malacca and Singapore:
Enhancing Safety, Security and Environmental Protection," held
September 18-20, 2006, in Kuala Lumpur. Delegations from the three
littoral States (Indonesia, Malaysia and Singapore) and 28 other
countries considered developments since the first meeting a year ago
in Jakarta (ref A); endorsed establishment of a cooperative
mechanism to facilitate implementation of six safety and
environmental protection projects proposed by the littoral States;
and avoided interference with ongoing efforts in military and law
enforcement channels to enhance the security of the Straits.
Malaysia and Indonesia repeatedly emphasized the need to respect the
sovereignty and territorial integrity of littoral states.
Ambassador LaFleur and U.S. Coast Guard Vice Admiral Wurster led the
U.S. delegation. Throughout the meeting, USDEL expressed support
for IMO's efforts to enhance Straits security; emphasized U.S.
respect for littoral states' sovereignty; and successfully bridged
the need to advance both security and safety agendas against
efforts, foremost by Indonesia, to prevent the meeting from
discussing security. The U.S. and China expressed interest in
supporting some of the six proposed projects, which will be the
subject of technical meetings in December 2006 and March 2007.
Singapore will likely host the third, and presumably last, meeting
of this series in about a year's time. Septel will convey the full
text of U.S. statements during the conference. End Summary.

U.S. Delegation
--------------


2. Ambassador to Malaysia Christopher J. LaFleur and USCG VADM
Charles Wurster (as alternate head of delegation) led the U.S. team,
which included EAP Senior Adviser Douglas Rasmussen, EAP Maritime
Southeast Asia Office Director Scot Marciel, L/OES legal adviser
Ashley Roach, and other representatives of EAP, USCG, Joint Staff,
PACOM, PACFLT and Embassy Kuala Lumpur's Political, Economic,
Defense Attache and Defense Cooperation offices. USDEL actively
participated in all conference sessions. Ambassador LaFleur
delivered the closing U.S. intervention, while VADM Wurster made
formal presentations to sessions on cooperative efforts to maintain
maritime security; exploring modalities for future cooperation; and
on the prioritization of needs of projects on safety of navigation

KUALA LUMP 00001874 002 OF 009


and environmental protection.

Indonesia and Malaysia Question IMO Role on Security
-------------- --------------


3. Malaysia hosted the second IMO-sponsored three-day meeting in
Kuala Lumpur to address enhancing the safety, security and
environmental protection of the Straits of Malacca and Singapore.
(Ref A reports on the first meeting in Jakarta in September 2005.)
In the run up to this second meeting it became clear that Foreign
Ministry officials from Indonesia, and to some extent Malaysian
officials, did not want this meeting to address enhancing the
security of the Straits as this approach would "infringe on their
sovereignty." Indonesian delegation leader and Foreign Ministry
Director General for Legal Affairs and International Treaties Eddy
Pratomo stated in his opening remarks, and later repeated in another
presentation, that Indonesia prefers "to confine security
cooperation within the domain of bilateral security, defense or
military cooperation, and not bringing [this] agenda under any
international gathering. It would prove to be [a] sensitive matter
to discuss our security needs and priorities in an international
setting. We believe that this kind of sensitivity also work[s] on
the users side as not all of the users are readily prepared to
engage with us on such activities as provision of lethal equipment,
a necessary element of maritime security."

Indonesia on Maritime Security: Achieving Domain Awareness
-------------- --------------


4. More positively, Pratomo's introductory speech and a second
presentation on the "Malacca Straits Security Initiative" provided a
description of future maritime security arrangements in the Straits
which parallels the U.S. view of maritime domain awareness. In his
introductory remarks Pratomo said:

-- "We envision a comprehensive management of the Straits whereby
all movements of ships coming either from the diamond point or
Natuna Sea and exiting at either the Natuna Sea or the diamond point
can be monitored through a number of stations located in certain
strategic points along the Strait.... It would be an ideal
situation whereby regular communication could be established between
these stations and the patrol ships and aircrafts of the authorities
of the littoral Sates and the navigating ships. This would help
enhance the direct response capability to any threats. Indeed, the
most important aspect in the maritime security of the Straits is the
direct response to any security disturbances on the ground as well
as sharing of intelligence of an on-shore operation against those
who pose threats to the security of the Straits."

Malaysia: Guard Sovereignty and Straits Security
-------------- ---

KUALA LUMP 00001874 003 OF 009




5. A senior Malaysia official stated that his government was not
anxious to take up security issues during the Straits conference, in
part because "the IMO is not the competent body to discuss
multilateral security arrangements" and also because of latent
sovereignty concerns. While Malaysia did not appear supportive of
focusing on security as part of the formal conference agenda, Deputy
Prime Minister and Defense Minister Najib Tun Razak did not shy away
from the topic of security in his keynote address opening the
conference. Najib described Straits security as "the highest
priority" and also highlighted the sovereignty issue. Najib said,
"I have repeatedly said over the years that it is ultimately for the
littoral states to protect and preserve the Straits. Whilst it is
important that all stakeholders and users are engaged to play their
part and work together with the littoral states for this purpose, it
must always be made very clear that whatever activities done must
take into account the territorial integrity and sovereignty of the
littoral states." Najib noted advances in littoral states' security
cooperation over the past two years, particularly coordinated
patrols and the "Eyes in the Sky" program. He supported capacity
building for front-line enforcement agencies, deployment of new
technologies, and greater information sharing and intelligence
gathering across international boundaries. The Deputy Prime
Minister ended his address by warning that littoral states' failure
to maintain security in the Straits could lead to an erosion of
their sovereignty.

Six Projects to Enhance Safety and Environmental Protection
-------------- ---


6. The littoral states proposed six projects addressing safety and
environmental protection concerns, but they did not propose security
projects. USDEL supported the littorals' proposal to establish a
cooperative mechanism for donors to work with the littorals to
operationalize the six projects proposed to enhance the safety and
environmental protection of the Straits (see below for project
details). USDEL approached this result as a confidence building
measure with the littoral states and as a model for cooperation that
at a future point also could be applied to security-related
projects. Before and during the conference, USDEL expressed support
for IMO's efforts to use the conference series to find ways to
strengthen the security of the Straits. Led by the IMO
Secretary-General's opening address and the U.S. initial

SIPDIS
presentation (septel),most of the presentations, including those of
Malaysia and Indonesia, addressed the need to enhance the security
of the Straits. (Note: Refs B-E report on preceding efforts to
address security as well as safety and environmental protection of
the Straits in the Kuala Lumpur conference.)


7. In August 2006, the littorals circulated descriptions of six
projects for which they sought international assistance in enhancing

KUALA LUMP 00001874 004 OF 009


the safety and environmental protection of the Straits. Although
presented as a package from the three littorals, in fact each
littoral put forward two projects, as follows:

-- Malaysia: removal of wrecks in the traffic separation scheme in
the Straits, and cooperation and capacity building in hazardous and
noxious substance (HNS) preparedness and response in the Straits.

-- Singapore: demonstration project of Class B AIS transponders on
small ships in the Straits, and setting up a tide, current and wind
measurement system for the Straits, to enhance navigational safety
and marine environment protection.

-- Indonesia: replacement and maintenance of aids to navigation
(ATON) in the Straits, and replacement of aids to navigation damaged
by the December 2004 Tsunami.


8. The U.S. expressed interest in the HNS project, replacement of
damaged ATON, and tide, current and wind measurement system
(septel). China stated that it was ready to undertake the project
on replacement of aids to navigation destroyed by the tsunami
disaster; to participate in the project on cooperation and capacity
building on HNS preparedness and response; and to join in a project
on setting up of a tide, current and wind measurement system for the
Straits. China stated its intention to have further talks with the
Tripartite Technical Experts Group (TTEG, below) on the modality and
content of cooperation. China also stated to USDEL that it was
interested in having early bilateral discussions with the U.S. on
how to coordinate our efforts of assistance with these three
projects. Japan indicated it will be conducting cost-benefit
analysis of the projects to determine what assistance it may
provide.


9. Singapore tentatively plans to host meetings of the TTEG on
Safety of Navigation in December 2006 and March 2007. In
conjunction with those meetings, representatives of those user
states expressing an interest in supporting one or more of the six
projects will be able to examine the projects in greater detail with
a view to determining what concrete assistance they could provide.

A PSSA for Malacca?
--------------


10. During his second presentation, Indonesian delegation leader
Pratomo called for another environmental profile of the Straits,
last conducted by the UN and the IMO in 1999. In his view, such a
profile "could be considered as an initial step to whether the
Straits of Malacca can be classified as a Particularly Sensitive Sea
Area (PSSA)." Pratomo did not mention what associated protective
measures might follow from a PSSA designation approved by the IMO.


KUALA LUMP 00001874 005 OF 009



The Kuala Lumpur Statement
--------------


11. The conference produced and adopted a formal statement,
summarizing the meeting's conclusions. The Kuala Lumpur Statement
is similar in many respects to that adopted at the end of the
Jakarta meeting (ref A, paragraph 7). The text of the Kuala Lumpur
statement is repeated below. Septel will convey the full texts of
U.S. statements during the conference.


12. BEGIN TEXT OF KL STATEMENT ADOPTED 20 SEPTEMBER 2006:

The Government of Malaysia and the International Maritime
Organization (hereinafter referred to as "IMO") convened, pursuant
to the decisions of the Meeting on enhancement of safety, security
and environmental protection in the Straits of Malacca and Singapore
held in Jakarta, Indonesia on 7 and 8 September 2005 (hereinafter
referred to as "the Jakarta Meeting") and the twenty-third
extraordinary session of the Council of the IMO in relation to the
Protection of Vital Shipping Lanes, a Meeting on the Straits of
Malacca and Singapore: Enhancing Safety, Security and Environmental
Protection, which took place in Kuala Lumpur from 18 to 20 September
2006 (hereinafter referred to as "the Kuala Lumpur Meeting"). The
Kuala Lumpur Meeting was organized in co-operation with the
Government of the Republic of Indonesia and the Government of the
Republic of Singapore.

The purpose of the Kuala Lumpur Meeting was to provide an
opportunity for further discussions on the recent developments
relating to safety, security and environmental protection of the
Straits of Malacca and Singapore (hereinafter referred to as "the
Straits") with the aim of developing mechanisms and programmes to
facilitate co-operation in keeping the Straits safe and open to
navigation, including the possible options for burden sharing.

The Kuala Lumpur Meeting was attended by the three littoral
States: Indonesia, Malaysia and Singapore and by delegations from:

AUSTRALIA
BAHAMAS
BELGIUM
BRUNEI DARUSSALAM
CHINA
CYPRUS
DENMARK
EGYPT
FINLAND
FRANCE
GERMANY
GREECE

KUALA LUMP 00001874 006 OF 009


INDIA
JAPAN
LIBERIA
NETHERLANDS
NEW ZEALAND
NIGERIA
NORWAY
PAKISTAN
PHILIPPINES
REPUBLIC OF KOREA
RUSSIAN FEDERATION
SPAIN
SWEDEN
THAILAND
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
UNITED STATES

by observers from the following intergovernmental organizations:

ASSOCIATION OF SOUTH EAST ASIAN NATIONS (ASEAN)

and by observers from the following non-governmental organizations:

INTERNATIONAL CHAMBER OF SHIPPING (ICS)
INTERNATIONAL CONFEDERATION OF FREE TRADE UNIONS (ICFTU)
INTERNATIONAL ASSOCIATION OF MARINE AIDS TO NAVIGATION AND
LIGHTHOUSE AUTHORITIES (IALA)
BIMCO
OIL COMPANIES INTERNATIONAL MARINE FORUM (OCIMF)
INTERNATIONAL FEDERATION OF SHIPMASTER'S ASSOCIATIONS (IFSMA)
INTERNATIONAL ASSOCIATION OF INDEPENDENT TANKER OWNERS (INTERTANKO)
INTERNATIONAL PARCEL TANKERS ASSOCIATION (IPTA)
MALACCA STRAIT COUNCIL

The Kuala Lumpur Meeting,

UPHOLDING the Batam Joint Statement, adopted on 2 August 2005
by the Fourth Tripartite Ministerial Meeting of the Littoral States
on the Straits of Malacca and Singapore,

RECALLING the achievements of the Jakarta Meeting and
upholding also the Jakarta Statement, adopted on 8 September 2005 by
the Jakarta Meeting,

RECALLING ALSO that the Straits are located within the
territorial sea of Indonesia, Malaysia and Singapore (hereinafter
referred to collectively as the "littoral States") and within the
continental shelf and the exclusive economic zone of Malaysia and
Indonesia and are straits used for international navigation as
defined in the United Nations Convention on the Law of the Sea
(hereinafter referred to as "UNCLOS"),

KUALA LUMP 00001874 007 OF 009



RECOGNIZING the continued strategic importance of the Straits
for regional and global seaborne trade and the need to ensure that
they remain safe and open to shipping at all times,

RECOGNIZING ALSO the importance of enhancing safety and
security and protection of the marine environment of the Straits and
the possibility that unlawful acts committed therein may have
negative impact on the flow of traffic there-through,

RECOGNIZING FURTHER the equally important role of the Straits
in contributing towards the development and enrichment of the
economies and people of other States,

AFFIRMING the sovereignty, sovereign rights, jurisdiction and
territorial integrity of the littoral States over the Straits, as
provided for under international law, in particular UNCLOS, and that
the primary responsibility over the safety of navigation,
environmental protection and maritime security in the Straits lies
with the littoral States,

COMMENDING the sustained efforts and achievements of the
Tripartite Technical Experts Group on Safety of Navigation
(hereinafter referred to as "TTEG on Safety of Navigation") in
enhancing safety of navigation and protection of the marine
environment in the Straits,

ACKNOWLEDGING the role of the IMO, the user States, the
shipping industry and of others stakeholders in co-operating with
the littoral States in promoting and enhancing safety of navigation
and environmental protection, and in ensuring the uninterrupted flow
of traffic in the Straits,

ACKNOWLEDGING ALSO that the TTEG on Safety of Navigation is an
effective mechanism for advancing future co-operation efforts among
interested parties consonant with article 43 of UNCLOS,

WELCOMING the progress made in relation to the implementation
of the Marine Electronic Highway Demonstration Project for the
Straits of Malacca and Singapore developed by IMO in co-operation
with the littoral States and funded by the Global Environmental
Facility of the World Bank and the Republic of Korea,

COMMENDING the significant and effective efforts of the
littoral States since the Jakarta Meeting in enhancing safety of
navigation, environmental protection and security in the Straits, in
particular to reduce the number of shipping incidents, oil spill
incidents from ships, and armed robbery and other unlawful acts
against ships to a very low level,

COMMENDING ALSO the significant progress, following the

KUALA LUMP 00001874 008 OF 009


Jakarta Meeting, towards the establishment of the co-operative
mechanism between littoral States and user States, the shipping
industry and others to facilitate regular discussion, exchange of
information and co-operation including the possible option for
burden sharing for the enhancement of safety of navigation and
environmental protection in the Straits,

COMMENDING FURTHER the joint efforts of the armed forces of
the littoral States in contributing to the security of the Straits,
through the Malacca Straits Coordinated Patrols and the "Eyes in the
Sky" maritime patrols,

NOTING WITH APPRECIATION the entry into force of the Regional
Cooperation Agreement on Combating Piracy and Armed Robbery against
Ships in Asia (hereinafter referred to as "ReCAAP") on 4 September
2006, which will lead to the launch of the ReCAAP Information
Sharing Centre (hereinafter referred to as "the Centre") in
Singapore in November 2006, as well as the indication of
preparedness of Indonesia and Malaysia to cooperate with the
Centre,

NOTING ALSO the continuing efforts to establish the Tripartite
Technical Experts Group on Maritime Security,

NOTING WITH APPRECIATION the contribution States and other
stakeholders have made and continue to make towards the enhancement
of the safety of navigation in, and the protection of the
environment of, the Straits,

NOTING ALSO that the littoral States have identified a number
of projects aimed at enhancing the safety of navigation and
environmental protection in the Straits for which they are seeking
cooperation from user States and other stakeholders for their
implementation,

DESIRING that the Straits remains safe and open to
international shipping at all times, in accordance with
international law, in particular UNCLOS, and where applicable
domestic law, and to build upon and enhance existing cooperative
arrangements and measures towards this end,

DESIRING FURTHER to continue to enhance the safety, security
and environmental protection of the Straits,

HAS AGREED:

(a) that the work of the TTEG on Safety of Navigation, in enhancing
the safety of navigation and in protecting the marine environment in
the Straits, should continue to be supported and encouraged;

(b) to support the continuous efforts of the littoral States and the

KUALA LUMP 00001874 009 OF 009


proposed cooperative mechanism as presented by the littoral States
on safety of navigation and environmental protection, which is to
promote dialogue and facilitate close cooperation between the
littoral States, user States, shipping industry and other
stakeholders;

(c) that the projects presented at the Kuala Lumpur Meeting for
enhancing safety of navigation and environmental protection should
be supported;

(d) that the littoral States, user States, the shipping industry and
other stakeholders should co-operate towards the establishment of a
mechanism for voluntary funding the above projects and the
maintenance and renewal of the aids to navigation in the Straits;

(e) that the littoral States should continue their efforts towards
enhancing maritime security in the Straits,

HAS INVITED the IMO:

(a) to continue to co-operate with the littoral States and to
provide every assistance possible in attracting sponsors for the
agreed projects and contributors for the maintenance, repair and
replacement of the aids to navigation in the Straits;

(b) to consider, in consultation with the littoral States, convening
further follow-on meetings for the littoral States to identify and
prioritize specific needs, and for user States to identify possible
assistance and to respond to those specific needs, which may include
provision of resources, capacity building, training and technical
support, with a view to promote further co-operative measures
including possible options for burden sharing.

EXPRESSED DEEP APPRECIATION to the Government of Malaysia for
the excellent arrangements made for, the facilities and generous
hospitality provided during the Kuala Lumpur Meeting; and to the
Governments of the Republic of Indonesia, Malaysia and the Republic
of Singapore and the International Maritime Organization for their
diligent efforts to prepare for the Kuala Lumpur Meeting and ensure
its successful conclusion.

END TEXT OF KL STATEMENT.

SHEAR