WARNING CHINA ON HARASSMENT OF U.S. NAVY VESSELS

C O N F I D E N T I A L STATE 120864


E.O. 12958: DECL: 11/05/2018
TAGS: CH KTIA MOPS PBTS PHSA PREL
SUBJECT: WARNING CHINA ON HARASSMENT OF U.S. NAVY VESSELS

REF: A. 07 STATE 187212

B. 07 STATE 100698

C. 08 STATE 043018

D. 08 STATE 050464

Classified By: EAP PDAS GLYN T. DAVIES FOR REASONS 1.4(B) AND (D)


1. (U) This is an action request. Please see para 7.


2. (U) Background: Over the past 18 months, the frequency of
China's verbal warnings, vessel-shadowing by multiple
platforms simultaneously, unprofessional seamanship, and
unsafe maneuvering have increased the risk of miscalculation
in interaction with U.S. military activities in China's
Exclusive Economic Zone (EEZ). The United States has
previously objected to China's actions via multiple demarches
(Refs A through D). Recent Chinese actions have led us to
once again highlight the increased risk of miscalculation and
collision posed by this harassment, and to urge China to
respect freedoms and rights under international law.


3. (U) Under customary international law, as reflected in the
1982 UN Convention on the Law of the Sea (UNCLOS),military
activities may be conducted within the EEZ of another nation
as an exercise of high seas freedoms of navigation and other
internationally lawful uses of the sea related to those
freedoms (UNCLOS articles 56, 58, and 87). Under UNCLOS, a
coastal state is obligated to exercise due regard for the
exercise of high seas freedoms and related internationally
lawful uses of the seas by other states in its EEZ. In
addition, U.S. warships and naval auxiliaries are entitled to
complete sovereign immunity while exercising high seas
freedoms under international law.


4. (C/REL CHINA) On October 16, USNS Able, a sovereign immune
U.S. naval auxiliary, was conducting lawful military
operations in China's claimed EEZ, approximately 95 nm from
the PRC coast. PRC Zhongguo Hai Jian 62 (Wagor 62) closed
USNS Able from the starboard quarter at 2 nm to within 0.3 nm
of Able's starboard bow while presenting a narrow aspect.
Able repeatedly issued international rules of road/convention
on international regulations for preventing collisions at sea
(COLREG) warnings. Since Wagor 62 was nonresponsive and
Able's master was unable to ascertain the Chinese ship's
intentions, Able sounded five blasts on the ship's whistle
(danger signal). Wagor 62 subsequently maneuvered away from
Able.


5. (C/REL CHINA) A similar incident occurred between
September 6 and September 14 with USNS Victorious, a
sovereign immune U.S. naval auxiliary conducting lawful
military operations in China's claimed EEZ, approximately 75
nm from the PRC coast. On two occasions, PRC naval vessel
DD-113 stopped in front of USNS Victorious' track, forcing
her to alter course. DD-113 also crossed behind USNS
Victorious' stern on two occasions, even though Victorious
displayed signals warning of towing operations. Victorious
made multiple attempts to communicate with the PRC vessel to
instruct them to stay clear, but the PRC crew did not respond.


6. (U) The USG strongly objects to China's conduct in these
two most recent incidents, which was inconsistent with
China's legal obligations.


7. (C) Post is requested to present the talking points in
para 8 and non-paper in para 9 to appropriate counterparts in
the MFA and Ministry of National Defense. Talking points may
also be left as a non-paper.


8. (C/REL CHINA) Begin talking points:

-- We would like to bring to China's attention two recent
incidents in which PRC naval vessels carried out harassing
maneuvers against two U.S. naval auxiliary vessels operating
in international waters.

-- Unprofessional seamanship and unannounced maneuvers by
Chinese ships monitoring U.S. naval operations increase the
risk of miscalculation or collision, potentially putting both
U.S. and PRC vessels and their crews at grave risk.

-- As sovereign immune vessels, U.S. naval auxiliaries enjoy
freedom from interference by the authorities of other
nations.

-- Under customary international law, as reflected in the
1982 UN Convention on the Law of the Sea (UNCLOS),military
activities may be conducted within an EEZ of another nation
as an exercise of high seas freedoms and other
internationally lawful uses of the sea related to those
freedoms. Such exercise of this freedom is not contingent on
the prior notification to, or consent of, the coastal state.

-- Under UNCLOS, the coastal state is obligated to exercise
due regard for the exercise of high seas freedoms and related
internationally lawful uses of the seas by other states in
its EEZ.

-- The PRC vessels' maneuvers violated the requirement under
international law, as reflected in UNCLOS, to operate with
due regard for the rights and safety of other lawful users of
the ocean.

-- The United States expects Chinese ships to act responsibly
and refrain from provocative activities that could lead to
miscalculation or a collision at sea, endangering vessels and
the lives of U.S. and Chinese mariners.

-- The United States will continue to exercise its
navigational rights and freedoms in China's EEZ in accordance
with customary international law as recognized in UNCLOS.

-- The United States calls on China to fulfill its
obligations to respect freedoms and rights guaranteed to all
states under international law for uses of the sea.
Harassing maneuvers by PRC vessels will not dissuade U.S.
vessels from exercising their rights, but do endanger all
vessels involved and the lives of their crews.

End talking points.


9. (C/REL CHINA) Begin non-paper.

-- On 16 October 2008, PRC Zhongguo Hai Jian 62, after
conducting hail and query of USNS Able, altered course and
speed resulting in a 0.3 nm closest point of approach on USNS
Able's bow. USNS Able repeatedly issued international rules
of road/convention on international regulations for
preventing collisions at sea (COLREG) warnings. Since
Zhongguo Hai Jian 62 was nonresponsive and Able's master was
unable to ascertain Zhongguo Hai Jian 62's intentions, Able
sounded five blasts on the ship's whistle (danger signal).
Zhongguo Hai Jian 62 subsequently maneuvered away from Able.

-- On September 6, 2008, in darkness, DD-113 maneuvered in an
unprofessional manner in the vicinity of USNS Victorious
while the vessel was conducting lawful military activities in
international waters approximately 75 nm from China's coast.
Specifically, DD-113 positioned herself in front of USNS
Victorious' track and went dead in the water. Although USNS
Victorious was displaying the appropriate shapes and lights,
as prescribed in the COLREGs for a vessel restricted in its
ability to maneuver, she was forced to alter course to
maintain adequate separation.

-- On September 7, 2008, DD-113 again operated in an
unprofessional manner, turning toward USNS Victorious at a
speed of 10 knots and crossing 1.0 nm behind her stern during
towing operations. At the time, USNS Victorious was
displaying day shapes ("ball-diamond-ball") and lights, as
prescribed by the COLREGs, indicating it was engaged in
towing operations and was restricted in its ability to
maneuver.

-- On September 9, 2008, DD-113 continued to operate
unprofessionally, increasing speed to pass USNS Victorious
and then stopping in front of her track. Victorious again
had to alter course to maintain adequate separation.

-- On September 14, 2008, PRC Zhongguo Hai Jian 22 altered
course and speed that would have resulted in a 0.6 nm closest
point of approach on USNS Victorious' stern. At the time,
USNS Victorious was engaged in towing operations as indicated
by the prescribed day shapes and lights. USNS Victorious
hailed Zhongguo Hai Jian 22 on VHF bridge-to-bridge, but
Zhongguo Hai Jian 22 did not respond and crossed USNS
Victorious' stern at 1.4 nm.

-- We urge the PRC Ministry of Foreign Affairs and Ministry
of National Defense to raise this issue with the PLA Navy and
take all necessary steps to ensure that such incidents are
not repeated.

End non-paper.
RICE