AMBASSADOR DISCUSSES IPR, ECONOMY, GOVERNANCE WITH

C O N F I D E N T I A L SECTION 01 OF 02 BANGKOK 001325

SIPDIS

SIPDIS

NSC FOR PHU
EMBASSY JAKARTA FOR LOC -- WILL TUCHRELLO

E.O. 12958: DECL: 04/30/2018
TAGS: PREL PGOV PREF ETRD ECON KDEM TH BM
SUBJECT: AMBASSADOR DISCUSSES IPR, ECONOMY, GOVERNANCE WITH
SENATE PRESIDENT

BANGKOK 00001325 001.2 OF 002


Classified By: Ambassador Eric G. John, reason: 1.4 (b) and (d).

SUMMARY
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1. (C) Senate President Prasobsook Boondech in an April 29
meeting with the Ambassador expressed hope the USG would
remove Thailand from the USTR Special 301 Priority Watch
List. The Ambassador reviewed U.S. concerns about IPR
infringement. Prasobsook described the Senate as harmonious,
despite its composition entailing a mix of selected and
elected members. He also said the time was not ripe for
amending the Constitution, and the parties lobbying for
amendment had not yet consulted with the Senate. The
Ambassador discussed bilateral economic ties and USG concerns
for Burmese refugees and migrants, as well as the need to
promote democracy in Burma. Prasobsook said he was seeking
to create an "e-library" for the Senate. He also spoke
highly of The Asia Foundation. End Summary.

IPR
---


2. (U) The Ambassador began his April 29 call on Senate
President Prasobsook Boondech by thanking the Senator for
attending a reception that the Ambassador and Minister of
Foreign Affairs co-hosted the previous evening, to
commemorate the 175th anniversary of the signing of the
Treaty of Amity and Commerce. Prasobsook congratulated the
Ambassador on the occasion of the anniversary.


3. (C) Prasobsook said he was following with interest the
U.S. presidential election process. The Ambassador explained
that the remaining three major candidates had more experience
and interest in Southeast Asia than was common in previous
presidential campaigns. Prasobsook -- a former Chief Justice
of the Intellectual Property Court -- said he hoped the next
U.S. President's affinity for the region would lead to
Thailand being removed from the USTR Special 301 Priority
Watch List. The Ambassador briefly described the visit to
Thailand of Department of Commerce Under Secretary Padilla
and explained that U.S. concerns about intellectual property
rights were based on factual analysis, and not on affinity
for a particular country. He added that IPR problems were
also not limited to compulsory licenses for medications (on
which the Thai media has focused).


4. (C) The Ambassador stressed the dangers of counterfeit
pharmaceuticals, and the need for the RTG to convict the
producers of pirated products, and to impose strong
sentences. Prasobsook acknowledged the difficulties in
prosecuting the heads of pirating syndicates, noting when
such people are caught, they tend to "settle" with the
police. (Comment: It was unclear whether Prasobsook's use of
the term "settle" implied a legitimate legal process or the
paying of bribes. End Comment.)

HARMONY IN THE SENATE
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5. (C) The Ambassador asked about Prasobsook's management of
the Senate, which consists of 76 members elected on a
province-wide basis, and 74 members (Prasobsook among them)
selected by a committee of distinguished figures. Prasobsook
said Senators no longer drew a distinction between the
selected and elected members; all mixed together, worked
collegially, and felt a shared sense of common interest. He
said recent offsite events had proven particularly effective
at enhancing good will among Senators.

CONSTITUTIONAL REFORM
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6. (C) Addressing ongoing debate by political party leaders
over whether to amend the 2007 Constitution, Prasobsook said
it was not yet a good time to amend the charter.
Specifically, Prasobsook saw no need to revise the provisions

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establishing a Senate of mixed composition. If the Cabinet
or House of Representatives were to initiate an amendment
process, it would be up to each individual Senator to develop
his or her own views on proposed changes. Prasobsook noted
that none of the officials urging amendment of the
Constitution had begun consulting the Senate on the matter.

ECONOMIC TIES
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7. (C) The Ambassador discussed his efforts to promote
U.S.-Thai economic ties. He emphasized that trade and
foreign investment proved mutually beneficial; exposure to
U.S. companies often illustrated for Thais the advantages of
transparency and adherence to the rule of law, thereby
promoting good governance as well as economic benefits.

BURMESE IN THAILAND
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8. (C) Recalling his confirmation hearings, the Ambassador
mentioned that U.S. Senators had raised concern about the
welfare of refugees in Thailand. Prasobsook asked whether
the USG applied the "refugee" designation to any Burmese in
Thailand. The Ambassador explained that refugees were those
fleeing persecution based on certain grounds, and the U.S.
recognized that the majority of Burmese who had illegally
entered Thailand were economically-motivated migrants. The
Ambassador noted the USG hoped to help the RTG prevent the
trafficking and exploitation of Burmese migrants.


9. (C) The Ambassador also stated that a central issue of the
USG in the region was the democratization of Burma. He hoped
that the Senate would support meaningful democratic reform in
Burma.

DEVELOPING LIBRARY RESOURCES
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10. (C) Prasobsook said one of his initiatives as Senate
President would be to expand the amount of educational
material available to Senators and staff members. He had
already established a special committee to create an
"e-library" that could link electronically to resources of
universities or elements of the judiciary. The Ambassador
offered the assistance of the Embassy's Library of Congress
(LOC) staff, and also offered to put Prasobsook's designated
officials in touch with the American LOC officer based in
Jakarta.

PRAISE FOR THE ASIA FOUNDATION
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11. (C) Prasobsook also asked about The Asia Foundation's
activities in Thailand, praising prior initiatives by TAF to
promote a Judicial Training Institute in Thailand. The
Ambassador explained some of TAF's ongoing efforts and
offered to put Prasobsook's staff in touch with Bangkok-based
TAF officials.

COMMENT
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12. (C) Prasobsook devoted his career to the judiciary. He
became Senate President on March 13, receiving a majority of
his colleagues' votes in a single round of balloting.
Despite this impressive win, he appears uncomfortable in his
new political role. The creation of a Senate with two tracks
for membership was controversial, and Prasobsook may not
prove the most effective advocate for preserving this
institution in its current form.
JOHN