JAPAN PREPARING NEW OEF LEGISLATION

C O N F I D E N T I A L TOKYO 004674

SIPDIS

SIPDIS

OSD/APSA FOR SHINN/SEDNEY/HILL/BASALLA; USFJ FOR
J00/J01/J3/J5

E.O. 12958: DECL: 10/03/2017
TAGS: PREL MARR PGOV JA
SUBJECT: JAPAN PREPARING NEW OEF LEGISLATION


Classified By: CDA Joseph R. Donovan; Reasons: 1.4 (b/d)


1. (C) Summary: The Japanese government is preparing the text
of a new Anti-Terror Special Measures Law to authorize the
Japanese Maritime Self-Defense Forces (MSDF) to continue
providing fuel to coalition forces engaged in OEF Maritime
Interdiction Operations (MIO). MOFA Foreign Policy Bureau
Deputy Director General Kazuyoshi Umemoto told visiting DASD
for East Asia David Sedney that the new law would be much
narrower in scope than the existing one. Non-OEF MIO
operations, for example, would not be possible under the new
legislation. Umemoto said that the Japanese government would
share an outline of the new law with opposition parties on
October 5. DASD Sedney cautioned that adding additional
restrictions to the use of MSDF-provided fuel will decrease
the effectiveness of Japan's OEF mission. He also
underscored the importance of explaining to the Diet and
public that U.S. vessels engaged in OEF missions often
conduct multiple operations, some non-OEF, at the same time.
Separately, Rep. Taku Yamasaki, chair of the ruling
coalition's task force on the Anti-Terror Law, told Sedney
that the government faces an uphill battle to pass the new
law during the current session. End Summary.


2. (C) On October 3, MOFA Foreign Policy Bureau DDG Umemoto
shared with visiting DASD for East Asia Sedney an outline of
the government's proposal for a new Anti-Terror Special
Measures Law to authorize MSDF operations in support of OEF.
Umemoto said that the text has not been finalized, but added
that the government is already in active consultations with
ruling coalition party members over the contents of the bill.
He stated that the outline would be provided to opposition
parties on October 5.

Limited Scope
--------------


3. (C) Umemoto noted that the new law would be significantly
narrower in scope than the existing Special Measures Law.
Unlike the current legislation, which expires on November 1,
the new law would explicitly limit Japan's support to OEF to
the MSDF refueling operation. New missions, such as
providing helicopter lift in Afghanistan, would require new,
separate legislation. Umemoto noted that under the current
Anti-Terror Law, the Diet must approve both extensions of the
framework law and each specific mission. The new law would
enable the OEF MIO operation to continue with only one Diet
vote, and would be valid for a full two years.


4. (C) Umemoto asserted that Defense Minister Shigeru Ishiba,
for political reasons, has pressed for new limits on the MSDF
OEF operation. In addition to more strictly monitoring that
Japanese fuel is only being used for OEF MIO missions, Ishiba
has advocated a ban on supplying coalition oilers. DASD
Sedney cautioned that Japan should carefully consider adding
new limits to the MSDF mission. In addition to degrading the
effectiveness of the MSDF operation, asserting that Japanese
oil will only be used for OEF may be misleading. Naval
vessels, especially aircraft carriers, are often engaged in
multiple operations at the same time. Some will be in
support of OEF and others may not. Umemoto acknowledged the
importance of providing accurate information, but commented
that the multi-mission concept may be difficult to explain to
the public.

Public Opinion Key
--------------


5. (C) Umemoto highlighted recent positive trends in public
support for the OEF mission, but added that support rates may
need to surpass 60 percent (from the current 50 percent
range) before the ruling coalition feels confident enough to
override an Upper House veto of the new Anti-Terror Law.
Umemoto said that the coalition has 17-seats more than the
required Lower House supermajority. However, members of the
junior coalition partner Komei party, and even some in the
Liberal Democratic Party (LDP),may hesitate to vote down a
veto if public opinion is not fully behind the government.
Separately, LDP Rep. Taku Yamasaki, chairman of the ruling
coalition's Anti-Terror Law task force, told DASD Sedney
that, despite his personal support, he was not optimistic
about passage of the law in the current Diet session given
the uncertain political situation.
DONOVAN