INTERNATIONAL MARITIME ORGANIZATION (IMO):

UNCLAS LONDON 000317

SIPDIS

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STATE PLEASE PASS TO IO/OIC FOR M. MORRISSEY

E.O. 12958: N/A
TAGS: PREL PHSA EWWT ECPS MOPS AORC IMO KTIA
US, UK, KE, XA
SUBJECT: INTERNATIONAL MARITIME ORGANIZATION (IMO):
REPORT OF THE NINETY-SEVENTH SESSION OF THE COUNCIL,
LONDON, 6-10 NOVEMBER 2006.


1. SUMMARY: The International Maritime Organization
(IMO) met at Central Hall Westminster in London, UK
from 06-09 November 2006, to hold the ninety-seventh
session of the Council (C97) chaired by Mr. Johann
Franson (Sweden). Topics of significant interest
included: Condolences for the recent passing of Igor
Ponomarev (Chairman of the Maritime Safety Committee
MSC) and discussions with SECGEN Mitropoulos regarding
who would assume the position of Chairman of the MSC;
discussions with the IMO Secretariat to increase US
Coast Guard in-kind support to the IMO's Integrated
Technical Co-operation Program; resource management and
the IMO's 2007 budget; the Voluntary IMO Member State
Audit Scheme; reports of the Committees; interpretation
of Article 17 of the IMO Convention as the basis for
ensuring geographic representation on the Council;
protection of vital shipping lanes; and renewing the
contract of the SECGEN. The USDEL intervened on the
following agenda items: Review of the Organization's
financial framework in accordance with Assembly
Resolution A.969 - including amendments to the
Financial Regulations and Financial Rules; the recent
passing of Mr. Igor Ponomarev (Russian Federation); the
Voluntary IMO Member State Audit Scheme; the
consideration of the report of the Legal Committee;
Implementation of Article 17 of the IMO Convention;
Protection of vital shipping lanes; and renewing the
contract of the SECGEN. END SUMMARY.


2. DELEGATION INFORMATION. The USDEL for C97 consisted
of Mr. Laurence Tobey, Department of State
(Representative),Ms. Katherine Johnson, US Coast Guard
(Alternate),Mr. Jeremy Cairl, US Coast Guard, and LT
Zachary Ford, US Coast Guard. C97 was attended by all
of the forty (40) Council Members: Category A - China,
Greece, Italy, Japan, Norway, Panama, Republic of
Korea, Russian Federation, United Kingdom and United
States; Category B - Argentina, Bangladesh, Brazil,
Canada, France, Germany, India, Netherlands, Spain and
Sweden; Category C - Algeria, Australia, Bahamas,
Belgium, Chile, Cyprus, Denmark, Egypt, Indonesia,
Kenya, Malaysia, Malta, Mexico, Philippines, Portugal,
Saudi Arabia, Singapore, South Africa, Thailand and
Turkey. Twenty-seven (27) IMO Member States not on the
Council were invited under rule four (4) of the rules
of procedure of the Council: Angola, Barbados, Belize,
Benin, Colombia, Cote D'Ivoire, Cuba, Democratic
Republic of the Congo, Dominican Republic, Ecuador,
Ghana, Honduras, Iran, Jamaica, Liberia, Marshall
Islands, Monaco, Morocco, New Zealand, Nigeria, Peru,
Poland, Saint Vincent and the Grenadines, Senegal,
Vanuatu, Venezuela and Yemen. Two (2) Associate
Members, Hong Kong, China and Faroe Islands, and two
(2) representatives from United Nations (UN) attended
the Council, as did representatives from five (5)
intergovernmental organizations (European Commission
(EC),International Oil Pollution Compensation Funds
(IOPC FUNDS),International Mobile Satellite
Organization (IMSO),South Asia Co-operative
Environment Programme (SACEP),Commonwealth
Telecommunications Organization (CTO)) and eleven (11)
non-governmental organizations.


3. DEATH OF MR. IGOR PONOMAREV. Mr. Igor Ponomarev, the
Russian Federation's Permanent Representative to the
IMO and the IMO's Maritime Safety Committee (MSC)
Chairman died on 31 October after suffering a heart
attack at the age of 41. The SECGEN stated, "Igor was a
great friend and a highly talented young man who had
all the necessary background, depth of knowledge,
courage and wisdom to take on the enormous
responsibility of chairing the most senior technical
committee of IMO." Furthermore, Igor was a close friend
and a tremendous colleague to many of the US delegates
to IMO meetings. Igor last visited US Coast Guard
Headquarters in April 2006 to discuss issues related to
the Maritime Safety Committee. A ceremony will be held
in London at 1100 on 24 November; the details of the
event will be released to the general public.

Intervention Text (Katherine E. Johnson): "Since this
is my first intervention, I would like to take this
opportunity, on behalf of the U.S. delegation, to join
with the Secretary-General, with our colleagues from
the Russian Federation and with many, many other
delegations to note with great sorrow the untimely


passing of Mr. Igor Ponomarev, Permanent Representative
of the Russian Federation to the IMO and chairman of
the Maritime Safety Committee. We would like to express
our sincere condolences to the Russian Federation, but
most of all, to Igor's wife Aylona and son Alex. Igor
was an extraordinary man and a skilled diplomat who
made tremendous contributions to global maritime
safety, security and environmental protection
throughout his distinguished career with the Russian
Federation and the IMO. He will be sincerely missed and
will always remain in our thoughts."


4. MEETING WITH SECGEN MITROPOULOS. The USDEL met with
the SECGEN (at his request) to discuss filling the
vacancy in the chairmanship of the MSC, due to the
recent passing of Mr. Igor Ponomarev. The SECGEN
provided the following proposal for USDEL
consideration: Mr. Andreas Chrysostomou (Cyprus) be
moved from the position of Chairman of the MEPC to
become Chairman of the MSC. (The current Vice-Chairman
of the MSC, Mr. Neil Frank R. Ferrer (Philippines),was
not interested in assuming the position of MSC Chairman
and, as the SECGEN noted, did not have the strong
technical background needed to serve effectively as
Chairman of the MSC). Also, the Vice-Chairman of MEPC,
Mr. Ajoy Chatterjee (India) would then become the
Chairman of MEPC. The delegation of Turkey agreed with
the SECGEN's proposal to move Mr. Chrysostomou to the
position of MSC Chairman under the condition that the
election not take place during MSC 82 in Istanbul,
Turkey from 29 November - 08 December due to potential
political implications of relations between Cyprus and
Turkey. After consultations with Washington, USDEL
notified the SECGEN that the US would support his
proposal.


5. DISCUSSIONS WITH THE IMO SECRETARIAT TO INCREASE US
COAST GUARD IN-KIND SUPPORT TO THE INTEGRATED TECHNICAL
CO-OPERATION PROGRAM (ITCP). The USCG members of the
USDEL met with the IMO's Head, Maritime Training and
Human Element Section (Maritime Safety Division) - Mr.
Mahapatra - and the IMO's Head, Latin American and
Caribbean Section (Training Division) - Mr. San Miguel
- to discuss increased USCG in-kind support to the
ITCP. On behalf of IMO, Mr. Mahapatra invited the USCG
to nominate one individual to participate in the
Regional Training Course for the Voluntary IMO Member
State Audit Scheme to be held in Roseau, Dominica, 11-
15 June 2007. The fully completed and duly
authenticated nomination forms should be received at
IMO by 1730 hours on Friday, 13 April 2007. Then full
cost of participation (travel to and from the country,
hotel and all other expenses) must be borne by the
nominating authority or the participants themselves. On
behalf of IMO, Mr. San Miguel requested that a USCG
officer attend the ITCP's Regional Workshop on Port
State Control Inspection in St. Vincent and the
Grenadines from 27-28 November 2006 to discuss the
following topics: "PSC on US and Caribbean Ships" and
"The USCG Perspective on the current and future
considerations on the conduct of flag and port State
surveys." The USDEL will work with USCG D7 to respond
to the request for assistance through the IMO/USCG MoU
on Maritime Training and Technical Assistance.
Additionally, Mr. San Miguel proposed that some
courses, such as the Caribbean Ship Inspector Training
Course (CASIT) become available through distance
learning. Due to the cost of conducting the course
(25,000 USD),the increased demand by developing
countries for the course, and the uncertainty of the
long-term financial sustainability of the ITCP, his
division has been trying to determine how to best
maximize the available resources. The immediate
objective of the CASIT course was to equip small ship
surveyors to function in a Caribbean Maritime
Administration. Persons so trained would be able to
carry out Flag State Control (FSC) surveys on all
vessels up to 24 m in length. They would also be able
to carry out full Port State Control (PSC) inspection
on vessels up to 500 GT and inspection of documents
(first stage PSC) on all ships. Supporting this IMO
course would be in alignment with the US paper
submission to MSC 82 to consider the creation of a set
of security recommendations for ships less than 500 GT
which travel international routes. CASIT Background:
Fourth Caribbean Ship Inspector Training Course (CASIT)


Dates: 11 October to 3 December 2004 (this theoretical
part is to be followed by an on-the-job training in
February 2005) Location: Trinidad and Tobago Summary
outputs: 11 participants completed the theoretical
input of the course. Recipient countries: Anguilla,
Antigua & Barbuda, Aruba, Bahamas, Barbados, Belize,
British Virgin Islands, Cayman Islands, Dominica,
Grenada, Guyana, Haiti, Jamaica, Montserrat,
Netherlands Antilles, St. Kitts & Nevis, St. Lucia, St.
Vincent & the Grenadines, Suriname, Trinidad and
Tobago, Turks and Caicos Islands.


6. STRATEGIC PLANNING. The Council heard the
Secretariat's progress report and analysis of the data

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collected so far under the current Strategic Plan,
which runs for six years (2006-2011). Two new
performance indicators have been added since the prior
session of Council, including the number of IMO members
compared with UN members (currently 87 per cent) and
the development of goal based standards for new-ship
construction. The plan now monitors 18 separate
performance indicators to measure IMO's performance
according to its Strategic Plan. These indicators
include the percentage of IMO Member States that have
ratified each IMO convention and protocol; lives lost
at sea; pirate attacks on ships; ship-generated air and
water pollution; and technical assistance activities
provided to Member States. As the strategic plan is in
its first year, it is too early to reach meaningful
conclusions about IMO'S performance. RISK MANAGEMENT -
The Council received Australia's report as chairman of
a Correspondence group that is developing terms of
reference for a future Risk Management working group.
The group found that future risk management efforts
need to be closely coordinated with the IMO's strategic
plan; the purpose of risk management is to minimize
losses emanating from foreseeable risks; IMO will be
expected to promote a risk management "culture" at all
levels of the Organization; and all staff will be given
responsibility to identify, assess, and treat risks to
the Organization as part of their day to day duties.
Future steps will include the development of "risk
rosters" at the working-unit levels of the
Organization, with guidance then to be provided on what
level of risk is acceptable. As the Council is
responsible for setting strategic directions for IMO,
it will be called on in the future for oversight of the
risk management program.


7. ORGANIZATIONAL CHANGE. Council heard the
Secretariat's progress report on the International

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Public Sector Accounting Standards (IPSAS). The
planned go-live date is January 2010. The issue of
accounting reform was one part of the UN Secretary
General's package of reform measures put to the General
Assembly in 2006, and was part of the reduced package
approved in July. The Secretariat is currently
carrying out an Impact Assessment study of IPSAS which
is to be completed by the end of 2006. Refurbishment of
the IMO Headquarters Building began on schedule in
August 2006. The Secretariat relocated to 55 Victoria
Street in August, and renovation of the building by a
U.K. contractor (Overbury's) began in mid-August. The
United Kingdom Government is paying for 80 per cent of
the renovation cost. IMO meetings are being carried
out at alternate sites arranged by the Secretariat.
IMO expects to be back in its renovated headquarters in
August 2007. The Council heard nothing to suggest that
the project will not be completed on time.


8. RESOURCE MANAGEMENT. Council considered personnel
matters, which included revisions to staff rules
relating to terminated employees, and updating the
payment schedule for travel expenses and 2007 employee
compensation, which is determined by the UN Common
System. Head of US Del met on the margin with the
Secretariat's Head of Financial Services to present a

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solution to outstanding tax reimbursement claims that
the United States owes to IMO for US taxes paid by US
employees. This should resolve the issue which the
External Auditor drew to Council's attention in the
June session. The United States paid its annual
assessment of GBP 771,737 to IMO in August 2006, so is
current in its obligations and is not in arrears.
Council also reviewed the IMO's current financial
framework, and per instructions, gave the following


intervention prepared by Department of State (IO/MPR):
Intervention Text (Laurence Tobey): "The current
financial framework, as adopted in the 1990s, is
working very well. The IMO consistently has on e of the
highest collection rates of member assessments in the
UN system, as evidenced most recently by its 99%
collection rate in 2005. Concur with the Secretary-
General's proposal to only review the IMO's financial
framework in the future on the basis of an appropriate
downturn in the collection rate of the organization. We
have advocated this in the past. We don't support the
proposal for having a set percentage of interest
earnings from the Contributions Incentive Scheme
automatically "donated" to the Technical Co-operation
(TC) Fund. The earnings belong to Member States. Those
that wish to donate all/part of their interest earnings
in an IMO activity are free to do so, however, the
action should be voluntary on the part of each Member."


9. THE IMO'S VOLUNTARY MEMBER STATE AUDIT SCHEME. This
issue continues to be of high interest to the SECGEN.
The SECGEN and the Council continued to encourage
Member States to nominate as many qualified auditors as
possible and to continue to volunteer for audits. A
number of delegations indicated their progress in
meeting the requests. Denmark and Cyprus noted to the
Council that successful audits had occurred during the
past year. In addition, both expressed their
satisfaction in the professional manner by which the
audit teams conducting their analysis. Following these
positive reports, France intervened and stated their
willingness to be audited in 2008. India intervened
with words of strong support for the audit scheme and
introduced the idea of creating a national evaluation
committee, the idea being to bring personnel in from
the outside to evaluate the IMO auditors. Chile and
Denmark communicated the need for more guidelines to
the audits. The SG agreed that at the completion of
ten audits there should be some sort of after action
meeting to help set up guidelines, however he
questioned India's call for bringing in a team from the
outside to assess the audits. The SG believed this may
put the confidentiality of the scheme in question.
Intervention Text (Katherine E. Johnson): "With regards
to the item at hand -- the Voluntary IMO Member State
Audit Scheme -- the United States would like to commend
the Secretary-General, the Secretariat and the Member
States on the continued implementation of the Scheme,
to include the conduct of the first audit in September.
As noted previously, the United States has nominated
five (5) auditors who will and are participating in the
Scheme, and the U.S. plans to be audited in 2008. The
U.S. delegation would like to second the call, outlined
in Council document C97/7, for Member States to
continue to nominate as many qualified auditors as
possible, and to encourage Member States that have not
yet volunteered to be the subject of an audit to do
so."


10. REPORT OF THE LEGAL COMMITTEE. The Council noted
the information set out in document C 97/8 and its
addendum, as well as that provided orally by the
Chairman of the Legal Committee and the Secretary-
General, on the report of the Legal Committee at its
ninety-second session. In particular, the Council: (i)
noted the conclusion, by the Committee, of its work on
the preparation of a draft convention on the removal of
wrecks, for consideration by a Diplomatic Conference to
be convened at the Headquarters of the United Nations
Office at Nairobi (UNON),from 14 to 18 May 2007; (ii)
noted the adoption, by the Committee, of a reservation
and Guidelines for implementation of the 2002 Protocol
to the Athens Convention, developed pursuant to
Assembly resolution A.988(24); (iii) noted the
Committees decision to retain the subject of fair
treatment of seafarers in the event of a maritime
accident on the agenda for its next session; (iv) noted
the Committee's decision, for the time being, to
continue receiving reports on the TC sub-program
related to maritime legislation on a semi-annual,
rather than biennial basis; (v) noted the approval by
the Committee of a progress report on outputs planned
for the 2006-2007 biennium, and proposed outputs
planned for the 2008-2009 biennium; and (vi) noted the
approval by the Committee of revisions to the
Guidelines on Work Methods and Organization of Work of


the Legal Committee relating to the Strategic Plan, and
of proposals relating to the establishment of
intersessional groups. The Council agreed that it would
be both appropriate and beneficial that the Legal
Committee, taking into consideration its differing
needs, harmonize its work methods with those of the MSC
and MEPC, and endorsed the Secretary-General's proposal
that the Chairmen of all five Committees, together with
the Secretaries of these Committees, meet to discuss
this further on the margins of the Council's ninety-
eighth session in June 2007 and to report to the
Council at its twenty-fourth extraordinary session in
November 2007. The Council decided to transmit the
report of the Committee's ninety-second session, with
its comments and recommendations, to the twenty-fifth
regular session of the Assembly, in accordance with
Article 21(b) of the IMO Convention.
Intervention Text (Katherine E. Johnson): "Mr.
Chairman, the U.S. believes that as a general rule, the
guidelines and methods of work for all Committees and
Sub-Committees should be in alignment or in harmony -
not necessarily the same, but in harmony. As such, we
can associate ourselves with Denmark and others and
support the Secretary-General's suggestion that all
five Chairman meet on the margins of the IMO Council in
June and report its results to the extraordinary
session of Council in November."


11. REPORT OF THE MARINE ENVIRONMENT COMMITTEE: The
Council noted the information set out in document C
97/9, and its corrigendum, as well as that provided
orally by the Chairman of the Marine Environment
Protection Committee and the Secretary-General, on the
report of the Marine Environment Protection Committee
at its fifty-fifth session. In particular, the Council:
(i) noted the adoption, by the Committee, of amendments
to MARPOL Annexes I and III and the Condition
Assessment Scheme for oil tankers; (ii) noted the
adoption, by the Committee, of five new sets of
guidelines necessary for the implementation of the BWM
Convention and the basic approval given by the
Committee to two Ballast Water Management systems that
make use of Active Substances; (iii) noted the progress
made by the Committee in developing the draft
international convention for the safe and
environmentally sound recycling of ships, and
associated guidelines; (iv) approved the Committee's
request to allocate a five-day diplomatic conference on
ship recycling in the 2008-2009 biennium, with a view
to adopting the draft convention, for inclusion in the
Secretary-General's relevant budget proposals; (v)

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noted the approval, by the Committee, of a work plan on
reduction of greenhouse gas emissions from ships; and
the progress made on the review of MARPOL Annex VI and
the NOx Technical Code; (vi) noted the response of the
Organization, and of other bodies, to the Lebanon oil
spill, within the framework of UNCLOS and the OPRC and
Barcelona Conventions; (vii) noted the approval, by the
Committee of an Action Plan to address the long-
standing problem of inadequacy of port reception
facilities; and the Committee's decision to recognize
regional arrangements; (viii) noted the action taken by
the Committee concerning reports of sub-committees and
work of other bodies; (ix) noted the action taken by
the Committee concerning long-term funding solutions
for the GESAMP/EHS Working Group; (x) noted the
Committee's approval, subject to concurrent decision by
MSC 82, of the proposed plan of meeting weeks for the
MSC and MEPC and their subsidiary bodies during the
2008-2009 biennium, for inclusion in the Secretary-
General's budget proposals; (xi) endorsed the action
taken by the Committee in approving intersessional
meetings for working/technical groups in 2007; and
(xii) stressed, once again, the need for Governments to
ratify, as soon as possible, the various environment-
related conventions adopted by the Organization. The
Council decided to transmit the report of the
Committee's fifty-fifth session, with its comments and
recommendations, to the twenty-fifth regular session of
the Assembly, in accordance with Article 21(b) of the
IMO Convention.


12. REPORT OF THE FACILITATION COMMITTEE: The Council
noted the information set out in document C 97/10, and
that provided orally by the Chairman of the
Facilitation Committee and the Secretary-General, on


the report of the Facilitation Committee at its thirty-
third session. In particular, the Council noted: (i)
that draft amendments to the FAL Convention (regarding
ships arrival, stay and departure; arrival and
departure of persons; measures to facilitate clearance
of cargo, passengers, crew and baggage; facilitation
for ships engaged on cruises and for cruise ship
passengers; and special measures of facilitation for
passengers in transit),will be considered, with a view
to approval, at FAL 34 and subsequent adoption at FAL
35; (ii) that progress was made in the development of
an explanatory manual to the FAL Convention, with due
account being taken of the relevant provisions of Annex
9 to the Convention on International Civil Aviation,
the revised Kyoto Convention on Customs Procedures and
UN/ECE recommendations; (iii) that progress was made
relevant to the transmission, by electronic means, of
security-related information, the revision of the IMO
Compendium on facilitation and electronic business,
including IMO EDI related issues; (iv) that, in the
context of resolution A.971(24),the Committee approved
amendments to its relevant Guidelines; and requested
the Secretariat to prepare further amendments for
consideration at FAL 34; (v) the view expressed by the
Committee that States should provide the Organization
with information regarding the actions taken relevant
to incidents of piracy and armed robbery against ships
reported to have occurred in their territorial waters,
to enable the Committee to assess, from its
perspective, the efficiency of such actions; (vi) that
the Committee approved draft revised Guidelines for the
suppression of the smuggling of drugs, psychotropic
substances and precursor chemicals on ships engaged in
international maritime traffic and an associated draft
FAL resolution, with a view to adoption at FAL 34,
subject to any amendments proposed by MSC 82; (vii) the
Committee's decision to establish, subject to relevant
decisions of MSC 82, a joint MSC/FAL Working Group on
the Security and Facilitation of the Movement of Closed
Cargo Transport Units and Freight Containers, with
appropriate terms of reference; (viii) the outcome of
the Committee's consideration of stowaway-related
issues, in particular, its decision that the Guidelines
on the allocation of responsibilities to seek the
successful resolution of stowaway cases (resolution
A.871(20)) adequately cover the issue and, therefore,
that no further action was needed; (ix) the Committee's
decisions on matters associated with the development of
administrative procedures for disembarking persons
rescued at sea; (x) the progress made by the Committee
in pursuance of the request of the Assembly in
resolution A.984(24) on Facilitation of the carriage of
the IMDG Code class 7 radioactive materials including
those used in medical or public health applications;
and (xi) the Committee's decisions regarding the review
process for the High-level Action Plan and priorities
for the 2006-2007 biennium. The Council approved the
list of substantive items for inclusion in the
provisional agenda for the Committee's thirty-fourth
session, and also approved the report of the
Committee's thirty-third session in general; and
decided to transmit it, with its comments and
recommendations, to the twenty-fifth regular session of
the Assembly.


13. INTERPRETATION OF ARTICLE 17(c) OF THE IMO
CONVENTION.
The most controversial issue considered by the Council,
and the one which provoked the most discussion, was the
question of how to interpret Article 17(c) of the
Convention. Originally raised by Kenya after the
November 2005 Assembly and Council, the issue is how
Article 17(c) should be implemented so that there is a
broad range of geographic representation. When Nigeria
and Ghana failed to win reelection to the Council
during the 24th session of the Assembly in November
2005, Kenya initially proposed that a formula based on
geography should be considered. The Secretariat paper
for this Council session summarized the concerns of the
states that wanted change, and reviewed the practices
of other UN Agencies for ensuring geographical
representation. The Secretariat found that there was
no consistent method used among comparable UN Agencies.
The SECGEN presented the view that amending the IMO
Convention (the Organization's fundamental document)
should not be attempted and that the appropriate


vehicle would be an Assembly resolution. In the
lengthy debate that followed, a consensus emerged to
support this position. The SECGEN then proposed that
a way to improve geographic representation would be to
delay the election to Category C to the Monday
following the elections to Categories A and B to allow
delegations to consult with their governments on the
results, with the hope that more time to consider their
positions would result in better geographic diversity.
As instructed, the USDEL intervened to support the
Secretary General's suggestions as follows:

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Intervention 1 Text (Laurence Tobey): "First, we begin
by thanking the Secretary General and the Secretariat
for their research and presentation of this issue.
Second, we thank the Bahamas delegation for their very
helpful papers. The United States fully supports the
principle of broad implementation of geographic
representation. At the same time, we agree with the
many delegations who do not want to see the amendment
of the IMO Convention. We also agree with India and
others who do not want to refer this question to the
International Court of Justice. We support the
Secretary General's proposed solution, both with

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respect to using an Assembly resolution to address the
issue, and also with respect to adjusting the time of
elections to allow time for consultations."
The Chairman ultimately found sufficient consensus
among the Council to find the proposals adopted.
However, when preparing the final summary report of the
Council's decisions, further debate ensued, led by the
Bahamas, who sought to broaden the record of discussion
to cover all of Article 17 rather than just 17c. The
Secretariat produced a corrigendum that USDEL believed

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accurately reflected the discussion, and intervened as
follows.
Intervention 2 Text (Laurence Tobey): "The United
States supports the position advanced by Japan. We
believe that the corrigendum accurately reflects the
discussion and the Council's decision and instruction
to the Secretary-General. We note at the same time it
does expressly refer to the submission of the Bahamas,
and also the comments made by the various delegations
during the debate."
The Chairman found sufficient support for this
proposal, but with language added by Australia calling
for "contestability" for elections to all categories of
membership. The issue will be considered again at the
next session of Council.


14. PROTECTION OF VITAL SHIPPING LANES. The Council
noted the information set out in document C 97/12, in
relation to the Meeting on the Straits of Malacca and
Singapore: Enhancing Safety, Security and Environmental
Protection, which was convened by IMO and the
Government of Malaysia pursuant to the decisions of the
twenty-third extraordinary session of the Council, and
was held in Kuala Lumpur, Malaysia between 18 and 20
September 2006 (the Kuala Lumpur Meeting). The Council,
in particular, (i) expressed appreciation to Malaysia
for hosting the Kuala Lumpur Meeting, and to Indonesia,
Malaysia and Singapore for their co-operation and
support; (ii) expressed appreciation to the States and
intergovernmental and non- governmental organizations
which sent representatives to the Kuala Lumpur Meeting
and for their contributions to the proceedings and the
successful conclusion of the Meeting; (iii) expressed
appreciation to the Secretary-General and his staff for
their efforts in organizing, convening and conducting
the Kuala Lumpur Meeting; (iv) noted, with
satisfaction, the successful conclusion of the Kuala
Lumpur Meeting and, in particular, the adoption of the
Kuala Lumpur Statement on Enhancement of Safety,
Security and Environmental Protection in the Straits of
Malacca and Singapore (the Kuala Lumpur Statement); and
(v) noted the elements of the Kuala Lumpur Statement
relating to the measures the littoral States have
already established in an effort to enhance safety,
security and environmental protection in the Straits of
Malacca and Singapore and the further actions they
contemplate to take in this respect; and the requests
of the meeting addressed to IMO. The Council
authorized the Secretary-General: (i) to continue to
co-operate with the littoral States and, in particular,
to provide every assistance possible in attracting
sponsors for the projects agreed by the Kuala Lumpur
Meeting, especially contributors for the maintenance,


repair and replacement of the aids to navigation in the
Straits; and (ii) to convene, in consultation with the
littoral States, and pursuant to the requests contained
in the Kuala Lumpur Statement, a series of follow-on
meetings for the littoral States to review the
identification and prioritization of specific needs in
relation to the enhancement of safety, security and
environmental protection in the Straits; 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 promoting further co-operative
measures including possible options for burden sharing.
The Council also thanked the Government of the Republic
of Singapore for offering to host the next IMO-
sponsored meeting on the Straits which, as with the
Jakarta and the Kuala Lumpur Meetings, should involve
littoral and user States, industry and other
stakeholders. Finally, the Council reaffirmed its
mandate to the Secretary-General to continue his work
relating to the protection of shipping lanes of
strategic importance and significance; and to report to
the Council as and when appropriate.

Intervention Text (Katherine E. Johnson): "Mr.
Chairman, on behalf of the United States, we would like
to thank the Government of Malaysia and the IMO for
convening, in September of this year, the Kuala Lumpur
Meeting on Enhancing the Safety, Security and
Environmental Protection in the Straits of Malacca and
Singapore. The Kuala Lumpur Meeting was the second in
what we hope will be a continuing series of
multilateral meetings and efforts bringing the "users"
of the Straits together with the littorals to work
collaboratively to identify mechanisms to enhance the
safety and security of this vital waterway. The
collaborative, multilateral nature of this approach is
to be lauded, and the U.S. looks forward to continuing
to robustly participate in follow-on efforts. At the
Kuala Lumpur Meeting, the U.S. expressed its interest
in and ability to support three of the six projects put
forward by the littorals - all of which are aimed at
enhancing the safety of navigation and the protection
of the marine environment in the region and we would
encourage other states to offer their support for the
projects. The U.S. also stands willing to assist in
future projects and efforts aimed more specifically at
enhancing maritime security in the Straits."


15. EXTERNAL RELATIONS. UN, INTERGOVERNMENTAL
ORGANIZATIONS, AND NONGOVERNMENTAL ORGANIZATIONS. The
Secretary General briefed the Council on the second

SIPDIS
annual meeting of the UN Chief Executives Board (CEB),
although no specific actions were required from IMO by
this body. The Secretary General reported on the CEB's
discussion of migration and development, and reported
that IMO has developed international standards to
prevent and suppress unsafe practices associated with
the trafficking or transport of migrants by sea. IMO
is also already giving "special attention" to the needs
of small island developing states as called for by the
CEB. The Secretary General also briefed the Council on
the UN Global Counter-Terrorism Strategy adopted by the
UN General Assembly on 8 September 2006. Turning to
intergovernmental organizations, the Council approved a
Draft agreement of Cooperation with the African Union
and the International Tropical Timber Organization.
The Council also approved applications for consultative
status from the Cruise Line International Association,
which has recently merged with the International
Council of Cruise Lines; and the Federation of National
Associations of Ship Brokers and Agents (FONASBA).


16. MEMBERSHIP AND STATUS OF CONVENTIONS. Membership
now stands at one hundred and sixty-seven (167) Member
States and three (3) Associated Members. This
represents an increase of one because Montenegro joined
the IMO as a Member State in October 2007 after
separating from Serbia. There was no discussion of the
Cook Islands' application for membership beyond noting
that it had received several more approvals, but still
needs 38 more for approval. There has been no change
in the U.S. position, which is that the United States
does not recognize the Cook Islands as an independent
nation. The United States last reviewed this position
in June 2006 following the 96th Council, after the Cook


Islands observer delegation provided a document that
purported to show the Cook Islands' independence from
New Zealand. USDEL referred this document to the
Department of State's Legal Advisor, which concluded
that it changed nothing and had in fact been presented
previously. Therefore it offered no basis for changing
the U.S. position.


17. CONTRACT OF THE SECRETARY-GENERAL. The Secretary
General's contract expires in December 2007. The
Council was asked to consider whether he receive an
extension. The Chairman asked the Secretary General
and all Secretariat staff to leave the room, which they
did. There was debate over whether observer
delegations were required to leave also. The Chairman
eventually resolved this with the compromise that
observer delegations that represented IMO Member States
could remain and participate in the discussion without
vote, while all others had to leave, which they did.
Apart from this matter of participation, there was no
controversy over the extension of the Secretary
General's contract, which the Council approved
unanimously. USDEL gave the first intervention on the
issue as follows. Intervention Text: "The United
States is pleased to strongly support the renewal of
the Secretary General's contract for an additional four
years."


18. DATE AND PLACE OF NEXT COUNCIL SESSION. The ninety-
eighth session of the Council will take place at the
Royal Horticultural Halls and Conference Centre in
London from 25-29 June 2007.

TUTTLE