NAVAL MEDICAL RESEARCH UNIT -- INDONESIA READY TO

UNCLAS SECTION 01 OF 02 JAKARTA 001199 SIPDIS DEPT FOR P, EAP, L, OES, G/AIAG, EAP/MTS, EAP/MLS, EAP/RSP NSC FOR E.PHU SECDEF FOR USDP/ISA/AP P.IPSEN E.O. 12958: N/A TAGS: PREL MARR TBIO AMED ID SUBJECT: NAVAL MEDICAL RESEARCH UNIT -- INDONESIA READY TO NEGOTIATE REF: A. SECSTATE 46000 ¶B. JAKARTA 1058 ¶C. JAKARTA 3262 AND PREVIOUS JAKARTA 00001199 001.2 OF 002 ¶1. (U) This message is Sensitive but Unclassified--Please handle accordingly. ¶2. (SBU) SUMMARY: On June 16, Ambassador Hume and Eddy Pratomo, Director General for Treaties and Legal Affairs at the Indonesian Department of Foreign Relations, discussed the way ahead on the negotiation of a new Memorandum of Understanding for U.S. Naval Medical Research Unit Two (NAMRU-2) in Jakarta. Responding to the latest U.S.-proposed draft text (ref C),Pratomo said status of personnel, text for a material transfer agreement, transfer of technology and duration required further discussion. Ambassador said Embassy Jakarta was ready to resume negotiations but made clear U.S. personnel must continue to have administrative and technical (A&T) status. END SUMMARY. ¶3. (SBU) Pratomo said the Indonesian interagency review of the most recent U.S.-proposed text had identified four substantive issues that needed further discussion. Indonesia was prepared to hold the negotiations during the remainder of June or early July. There were also some minor questions of wording and terminology to resolve. The four substantive issues were: -- Status of Personnel: Pratomo did not go into detail but indicated there still were differences between the U.S. and Indonesian positions. (Note: So far there are two GOI views: 1) granting A&T status and attendant privileges and immunities only to the two most senior officials, consistent with the Indonesia-proposed text; and 2) the much more favorable option, raised by SG Cotan ref B, of granting diplomatic status to the top two officials and A&T status to the rest, provided their passports were changed from diplomatic to official); -- Text for a Material Transfer Agreement (MTA): NAMRU-2's procedures had to be consistent with Law No. 4 of 2006 on the transfer of specimens in and from Indonesia, which required use of a Materials Transfer Agreement (MTA); -- Transfer of Technology: Indonesia wanted to ensure that NAMRU-2's expertise would be shared with Indonesian scientists and researchers; -- Duration: Indonesia wanted to limit the duration of the agreement to five years, renewable by the parties for five years, so that any changes based on practice could be factored in more quickly. ¶4. (SBU) Ambassador said Embassy Jakarta was prepared to consider the Indonesian proposals and wanted to proceed with negotiations as soon as possible. He emphasized, however, that NAMRU laboratories elsewhere had a more cooperative relationship with respective host countries than was the case in Indonesia, and that this was due in part to the nationalist fervor that had been whipped up by the Indonesian Minister of Health. Attacks with no basis in fact, such as the Minister had made repeatedly in the Indonesian press, were counterproductive to cooperation. Indonesia would benefit more in the transfer of NAMRU-2's expertise if Indonesia increased its cooperation with NAMRU-2. Eight-five percent of the researchers at NAMRU-2 were Indonesians, and Indonesian students were being trained in research at NAMRU-2. ¶5. (SBU) On status, the Ambassador said, the United States had some flexibility but would not accept less than the JAKARTA 00001199 002.2 OF 002 equivalent of A&T status, and passports issued to NAMRU-2 U.S. personnel would continue to be official or diplomatic. Regarding an MTA, Ambassador pointed out that NAMRU-2 had in the past transferred samples only at the written request of the Indonesian Department of Health. Current practice was therefore already consistent with Indonesian law. It was important to formulate this provision in the NAMRU-2 agreement in such a way that it did not become a point of reference for other negotiations regarding sample sharing. ¶6. (SBU) Pratomo thanked the Ambassador for his remarks and said he would report the outcome of the discussion directly to Foreign Minister Wirajuda. ¶7. (SBU) Mission is seeking a mutually acceptable date during the last week of June or the first week of July for negotiations. HUME