SUGGESTED FOLLOW-UP TO UNANSWERED U.S./UK/JAPAN

C O N F I D E N T I A L SECTION 01 OF 02 SANTO DOMINGO 000990 SIPDIS FOR INR/GGI/GIU MILEFSKY, OES/OA VAN PAY, WHA/CAR SCHADRACH E.O. 12958: DECL: 08/31/2019 TAGS: PBTS PREL EWWT DR UK SUBJECT: SUGGESTED FOLLOW-UP TO UNANSWERED U.S./UK/JAPAN DEMARCHE ON THE DOMINICAN REPUBLIC'S CLAIM TO BE AN ARCHIPELAGIC STATE REF: A. 08 SANTO DOMINGO 1953 ¶B. 07 SANTO DOMINGO 2364 Classified By: POLECON Counselor Alexander Margulies. Reason: 1.5(b/d) . (U) Action Request in para 6. ¶1. (C) SUMMARY: At a meeting on 8/27 of representatives from the resident diplomatic missions representing major maritime powers (U.S., UK, Japan, Germany and France - Russia is resident in Venezuela) to review the Government of the Dominican Republic's (GoDR) lack of response to prior demarches concerning the latter's claim to be an "Archipelagic State," it was agreed that the U.S., UK and Japanese missions would suggest to their capitals that a follow-up joint demarche should be delivered. The German Ambassador said he had instructions to join a demarche agreed to by the other major maritime powers, while the French DCM said he needed to consult with his Ambassador and then likely refer this issue to Paris. Post's suggested text for the demarche is in para 5. END SUMMARY. ¶2. (C) British Ambassador Ian Worthington opened the meeting by reviewing the GoDR's 2007 enactment of legislation declaring the country to be an "Archipelagic State," the 10/18/07 joint demarche by the U.S. Charge and Worthington contesting this definition and requesting that the GoDR provide explanations of its claims (Ref B),and the 12/15/08 joint demarche by the U.S., UK and Japanese Ambassadors following up on the previous year's representation, which had gone unanswered (Ref A). Worthington noted that no response has been received to the 2008 demarche and suggested that another follow-up demarche was in order, this time by the representatives of all five major maritime powers resident in Santo Domingo. He added that this was an issue or practical concern to the UK, as a number of his country's pending accords with the DR, which refer to the "UK and its territories," cannot be submitted to Parliament until this issue is resolved, as the GoDR's archipelagic claims infringe upon Turks and Caicos waters. ¶3. (C) Charge and PolEcon Counselor summarized the USG's position contesting the GoDR's claim to archipelagic state status, agreed to submit a draft follow-up demarche to the Department for approval and subsequent consultation with the other major maritime powers. German Ambassador Germann said that after two years of hearing nothing his Embassy had recently received instructions from Berlin to support any consensus demarche by the other major maritime powers. He explained that Germany was concerned with maintaining strict legality on maritime matters, as a negative precedent in one case could well have a harmful effect on other areas in which Germany or the EU have significant interests. Japanese Political/Cultural Attache Emiko Yamaguchi said that she would consult with her Ambassador and Foreign Ministry, but saw no reason why Japan would not again act in concert with the other major maritime powers on this matter. French DCM Jean-Claude Buyck admitted that this issue was new to him and stated that he would consult with his Ambassador and then likely with Paris. ¶4. (C) COMMENT: We agree that the time is propitious for a follow-up demarche, as the GoDR has yet to respond in substance to our original demarche in October 2007 and our first follow-up demarche last December. We now have the opportunity to involve the other four major maritime powers resident in Santo Domingo, which will place increased pressure on the GoDR to answer the mail. In that regard, Worthington reported that the Foreign Ministry does seem to be at least addressing the issue, with Vice Minister of Foreign Affairs Jose Manuel Trullols recently telling him that the MFA has contracted a Canadian cartographer to review SANTO DOMI 00000990 002 OF 002 the factual nature of its claims. END COMMENT. ¶5. (C) Suggested talking points for demarche: -- The Embassies of the major maritime powers resident in the Dominican Republic present their compliments to the Ministry of Foreign Affairs and refer to Law No. 66-07 of May 22, 2007, by which the Dominican Republic: -- a) declared itself an Archipelagic State, -- b) drew straight baselines connecting a number of turning points on certain banks and keys; -- c) claimed certain bodies of waters as internal waters and others as historic bays; -- d) sets out the coordinates of the outer limits of its claimed exclusive economic zone (EEZ); -- e) purported to limit the right of innocent passage through its archipelagic waters and territorial sea (and over flight) to those ships and aircraft not carrying cargoes of radioactive substances or highly toxic chemicals; -- f) does not recognize the right of archipelagic sea lanes passage; and -- g) claimed rights over old shipwrecks within its EEZ. -- The Embassies of the major maritime powers note that the Embassies of the United States and the United Kingdom contested these claims by the Dominican Republic and requested clarifications in their Diplomatic Note 234 of October 18, 2007, and their concurrent joint representation to the Foreign Ministry; and that the Embassies of the United States, the United Kingdom and Japan made a similar demarche to the Foreign Ministry on December 15, 2008. -- No substantive reply has yet been received to either Diplomatic Note 234 or to either demarche. -- The Embassies of the major maritime powers emphasize that their governments contest the Government of the Dominican Republic's claim to be an archipelagic state and request that the Foreign Ministry respond to the objections and requests for clarification contained in U.S./UK Diplomatic Note 234 of October 18, 2007. End Text of Suggested Talking Points. ¶6. (U) ACTION REQUEST. Embassy requests Department's guidance on how to proceed on this issue. END ACTION REQUEST. LAMBERT