MALAYSIA OPPOSED TO MANDATORY SCHEME FOR PILOTAGE

UNCLAS KUALA LUMPUR 000941 SENSITIVE SIPDIS FOR EAP/MTS, OES/OA: GREG O'BRIEN AND L/OES: ASH ROACH E.O. 12958: N/A TAGS: EWWT PHSA PREL IMO MY SUBJECT: MALAYSIA OPPOSED TO MANDATORY SCHEME FOR PILOTAGE IN THE STRAIT OF MALACCA REF: SECSTATE 112590 ¶1. (SBU) Summary: Malaysia does not support mandatory pilotage in the Straits of Malacca. However, DPM Najib recently voiced GOM interest in setting shipping limits in the Straits and has noted that GOM does not consider the Straits of Malacca international waters, two policy views with important potential international ramifications. End Summary. ¶2. (SBU) Malaysian Ministry of Transportation Undersecretary ABDULLAH Yusuff Bin Basiron told Econoff on October 23 that an Indonesian proposal for pilotage service in the Straits of Malacca has been discussed in previous Malacca Straits Tripartite Technical Expert Group (TTEG) meetings, and will be on the agenda of the upcoming meeting in Kuching, Malaysia on October 28 - 29. ¶3. (SBU) Abdullah said that all discussions in the TTEG so far have been about a voluntary system where any ships requiring pilotage services can have access to a service that the three states (Indonesia, Malaysia, and Singapore) will provide, if agreed upon by all three states. He said that he is not aware of any mandatory system proposed, and that GOM would not approve any such system. ¶4. (SBU) According to Abdullah, the GOM has not received any information about a possible Indonesian proposal requiring mandatory pilotage in this structure. He emphasized that Malaysia understood its obligations under UNCLOS and would not approve any mandatory pilotage scheme. ¶5. (SBU) Consistent with MoT's comments, Deputy Prime Minister (DPM) Najib in his keynote address at the launching of the Centre for Straits of Malacca on October 21, did not make any references to a possible new pilotage scheme. Instead, Najib highlighted three key factors GoM feels are important to managing the Straits of Malacca: 1) ensuring safety of navigation, 2) co-operation between the littoral states, and 3) protecting the marine environment. The full text of Najib's address was transmitted earlier in a DAO telegram IIR 6 862 0023 09 dated October 23 and forwarded to EAP/MTS via e-mail on October 21. ¶6. (SBU) Najib however did make two comments of possible policy concern. He said that vessel traffic in the Straits has increased from 43,965 in 1999 to 70,718 in 2007. GoM believes that the capacity in the Straits of Malacca would have to be jointly determined and not exceeded. He also mentioned that as the Straits of Malacca is bordered by Indonesia and Malaysia, their collective jurisdiction encompasses a subtantial part of the Straits, and therefore in the GoM view "the sea which constitutes the Straits of Malacca is not international waters." (Comment: In recent years in IMO fora and other venues, Malaysia has actively opposed measures that might lead to an internationalization of the Straits, particularly on security grounds. Malaysia consistently argues that the littoral states are fully capable of maintaining security in this vital waterway. End Comment.) KEITH