AMBASSADOR'S MEETING WITH AG GANI: LAW ENFORCEMENT

UNCLAS KUALA LUMPUR 000589

SENSITIVE
SIPDIS

FOR EAP/MTS AND INL

E.O. 12958: N/A
TAGS: ECON ETRD KCRM MY PREL
SUBJECT: AMBASSADOR'S MEETING WITH AG GANI: LAW ENFORCEMENT
ISSUES

REF: A. KL 584 - EXPORT CONTROL LAW

B. KL 583 - GOM ENGAGEMENT ON TIP

Summary
- - - - - - - - -

1. (SBU) In a July 13 meeting with Attorney General Abdul
Gani Patail (also reported reftels),the Ambassador
expressed concern about diminished enforcement of
international property rights (IPR) laws in Malaysia over the
past year. Gani sought U.S. universities, interest in
establishing training in Malaysia for his personnel, and
conveyed a strong desire to work more closely with the
Embassy and the U.S. Government on IPR issues. He raised a
long-standing frustration regarding U.S. inability to furnish
IP (Internet Protocol) addresses to Malaysian authorities.
End Summary.


2. (U) This is an action message; please see para 5.


3. (SBU) Ambassador Keith, accompanied by LEGAT and acting
Polcouns, met with Attorney General Gani and several of his
staff on July 13. The Ambassador noted that law enforcement
cooperation was one of the most
important among the many recent positive steps in advancing
U.S.-Malaysian relations. He underlined U.S. intention to
expand activities under the Mutual Legal Assistance
Agreement (MLA). The Ambassador emphasized that IPR remained
a high priority for the USG and also for U.S. business, but
added that in the past year Malaysian law enforcement on IPR
has not been as vigorous as in the past, adding that
political will was most important in this regard.


4. (SBU) Gani said that while a sufficient number of people
had now been trained to permit the law enforcement agencies
to "go on their own," regarding IPR cases his personal view
was that establishing the IPR court has not helped so much,
due to a lack of understanding of these issues on the part of
court officials. Promulgating the necessary laws enabled the
GOM to demonstrate how serious it took these issues, but in
reality numerous challenges remain. More enforcement
officers required training on how to collect evidence, and
courts needed to understand the seriousness of the offenses.
Presently they were handing out only relatively minor fines.
Gani stressed the issues were complex. Some Malaysian
manufacturers of legal material also were producing illegally
on the side.


5. (U) Action Request: Gani requested assistance in
identifying U.S. universities willing to provide training and
degrees, on a fully compensated basis, for his staff in the
Attorney General,s Chambers. He noted that British and
Australian universities had engaged in such training, but
that Americans were not yet interested. Please advise any
courses of action Department recommends to attempt to be
responsive to Gani,s request.


6. (SBU) Gani complained of a lack of reciprocity in one
particular area of law enforcement cooperation. While
Malaysia was prepared to share IP addresses in response to
Department of Justice requests, the U.S. side was not able to
respond to Malaysian requests. He said there would have to
be reciprocity if the Malaysian side were to continue to
provide data to U.S. counterparts. Ambassador and LEGAT
expressed a desire to be as forthcoming and flexible as
possible in our law enforcement interaction, supported the
Attorney General,s general proposition that reciprocal
treatment was a worthy and appropriate objective, but noted
that we were bound by an ironclad necessity that our
provision of such data must be predicated on a determination
that we were acting in support of an offense that would be
chargeable in the U.S.

KEITH