AUSTRALIA ON INDONESIAN STRAIT OF MALACCA PILOTAGE SCHEME

C O N F I D E N T I A L CANBERRA 001080


NOFORN

DEPARTMENT FOR EAP/ANP FRELICK AND FOR L/OES ROACH

E.O. 12958: DECL: 10/27/2018
TAGS:
PHSA, EWWT, PREL, AS
SUBJECT: AUSTRALIA ON INDONESIAN STRAIT OF MALACCA PILOTAGE
SCHEME

REF: A. STATE 112590

B. CANBERRA 1073


Classified By: Economic Counselor Edgard Kagan for Reasons 1.4 (b/d).

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


1. (C/NF) Australia has not been approached recently by
Indonesia about either Australia,s Torres Strait Mandatory
Pilotage Regime or Indonesia,s reported proposal to
introduce a mandatory pilotage regime in the Strait of
Malacca. Australia strongly opposes the Indonesian proposal,
which it believes inconsistent with international law and
significantly different from the Torres Strait regime. The
Australians believe Singapore may be softening its position
on the Torres Strait in order to secure Canberra,s support
for a full court press against the Indonesians. Australia
would probably be prepared to give that support if Singapore
backs off from threats to take international legal action
against the Torres Strait regime. A Singapore Embassy told
us October 22 that Singapore "understands the basic outlines"
of what the United States and Australia are working out to
resolve the Torres Strait issue and "we have no objection
provided the final outcome is consistent with international
law." End Summary.


2. (C/NF) During a meeting to discuss other issues (ref b),
DFAT International Legal Department Assistant Secretary Adam
McCarthy told Econcouns October 23 that Indonesian officials
approached him for a briefing on the Torres Strait "about two
years ago," but have not raised the matter since. The
Indonesians have not consulted with Australian about their
reported efforts to develop a mandatory pilotage regime for
the Strait of Malacca, according to McCarthy, who said that
Australia strongly opposes such an effort. He said that he
had stressed to the Indonesians that Australia,s Torres
Strait regime was based on securing consent of the littoral
states (i.e. Papua New Guinea) and adoption by the
International Maritime Organization (IMO). Australia
believes that the Indonesian proposal meets neither of these
conditions, according to McCarthy. He said that Australia
will make this point directly to the Indonesians. The
Australians would be prepared to join in with others for a
multilateral effort, but would be constrained as long as
there is the possibility that Singapore will take
international legal action against the Torres Strait
mandatory pilotage regime.


3. (C/NF)Noting that Singapore,s High Commissioner had met
with DFAT Deputy Secretary Gillian Bird to discuss the Torres
Strait issue on October 20, McCarthy said that Singapore
appears to be stepping back slightly from the possibility of
international legal action. McCarthy said that the
Singaporean was very interested in reports of ongoing
discussions between the United States and Australia about the
Torres Strait, while highlighting Singapore,s desire that
the issue not disrupt relations with Canberra. McCarthy,s
assessment is that Singapore believes that the United States
and Australia will find a way to resolve the issue and wants
to maintain the flexibility to accept the outcome. He
believes Singapore would like to secure Australian support
Qbelieves Singapore would like to secure Australian support
for a broader effort to convince Indonesia to back away from
its Strait of Malacca proposal. Ever the defender of
Australia,s Torres Strait regime, McCarthy said that
Singapore has probably come to the conclusion that it has a
much better chance of prevailing in an international legal
challenge against the Indonesian Strait of Malacca regime
than against Australia. Acknowledging our view that the
Torres Strait regime is incompatible with international law,
McCarthy said that Australia disagrees while recognizing the
dangers of a legal challenge. However, he is very confident
that the case against Indonesia is "rock solid."


4. (C/NF) Singapore High Commission officer Rozana Abdul
Majid called Econcouns October 22 to ask about U.S.-Australia
discussions on the Torres Strait. After having her questions
rebuffed, she said that Singapore understands that the United
States approach is based on U.S. definition of "port state
control." Abdul Majid said that Singapore "understands the
basic outlines" of what the United States and Australia are
working out to resolve the Torres Strait issue and "we have
no objection provided the final outcome is consistent with
international law."


Clune