TORRES STRAIT: AUSTRALIAN RESPONSE ON NON-PAPER

C O N F I D E N T I A L CANBERRA 001299


INFO AMEMBASSY BEIJING
AMEMBASSY KUALA LUMPUR
AMEMBASSY JAKARTA
AMEMBASSY SINGAPORE
AMEMBASSY TOKYO
AMEMBASSY WELLINGTON
AMEMBASSY PORT MORESBY
AMEMBASSY LONDON
AMCONSUL MELBOURNE
AMCONSUL PERTH
AMCONSUL SYDNEY
USMISSION USUN NEW YORK
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JOINT STAFF WASHINGTON DC

NOFORN

EAP/ANP FOR FRELICK, L/OES FOR ROACH

E.O. 12958: DECL: 12/19/2018
TAGS: EWWT PHSA PREL AS
SUBJECT: TORRES STRAIT: AUSTRALIAN RESPONSE ON NON-PAPER

REF: STATE 132643

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


1. (C/NF) Australia can accept reftel draft paper with one
change, according to DFAT International Legal Division
Assistant Secretary Adam McCarthy. Econcouns delivered
reftel to McCarthy and several of his staff December 19.
Recognizing that this was a U.S. draft designed to lay out
our views, McCarthy said that while he had issues with some
of the phrasing, particularly the references to the IMO, he
only objected to one specific element. He said Australia
could not agree to the fifth item in the non-paper as it
stands. Because of the continuing possibility of Singaporean
litigation, McCarthy said Australia must maintain maximum
legal flexiblity. He aasked that we delete the phrase: "(but
not authorized)" in the fifth item. Should the United States
be willing to make that change, Australia agrees to the rest
of the non-paper draft.


2. (C/NF) McCarthy said that Australia looks forward to a
readout of the Singaporean response to the U.S. presentation.
McCarthy said that Australia will approach Singapore
immediately afterwards to give its explanation. Noting that
the approach would be as conciliatory as possible, McCarthy
said that Australia will make clear that international legal
action on the Torres Strait issue would be very badly viewed
by the Australian public and would harm the bilateral
relationship with Singapore.


McCallum