U.S. RESPONSE TO APRIL 12 CHINESE DEMARCHE ON

C O N F I D E N T I A L STATE 036339


E.O. 12958: DECL: 04/13/2019
TAGS: CH ECON PBTS PHSA PREL TPHY
SUBJECT: U.S. RESPONSE TO APRIL 12 CHINESE DEMARCHE ON
LANGSETH OPERATIONS NEAR PRATAS ISLAND

Classified By: EAP DAS JOHN NORRIS FOR REASONS 1.4 (B) AND (D)


1.(C) Background: On April 11, the U.S.-flagged, National
Science Foundation (NSF)-owned research vessel Marcus
Langseth, operated by Columbia University's Lamont-Doherty
Earth Observatory, was conducting scientific research on
tsunami risks in the South China Sea when it was hailed by a
PRC vessel operated by the State Oceanic Administration and
advised that it was in "PRC waters" without permission. The
Langseth was operating in waters that are administered by
Taiwan authorities and have not customarily been considered
within China's exclusive economic zone (EEZ),except under
Beijing's larger claim to Taiwan as a province of China.

In response to the PRC actions, the Langseth changed course
and headed east toward the Philippines. The Chinese embassy
subsequently demarched the Department claiming the Langseth
was in fact conducting research in China's EEZ. The same
Chinese vessel continues to shadow the Langseth, which is
currently off Luzon in the Philippine EEZ. The NSF plans to
direct the Langseth to avoid conducting research in the areas
claimed by Beijing in its recent demarche (EEZ generated by
Pratas Islands).

According to international law, conducting marine scientific
research in a country's EEZ requires consent from that state.
The original application for the voyage, submitted to
Taiwan, PRC, Japan, and the Philippines in August 2008,
proposed data collection in a wide area, including in China's
EEZ. Because China did not approve this original plan, which
was similar to research voyages approved by China in 1999,
2000, and 2001, the path of the vessel was modified to avoid
what we understand to be China's EEZ.

2.(C/REL CHINA)We suggest the following points for use in
responding to official Chinese representations on the
Langseth's research operations on its revised course:

--The M/V Marcus Langseth is conducting scientific research
to better understand tsunami risks in the northern part of
the South China Sea. This research will be freely and
publically available and of benefit to all inhabitants of the
region, including Chinese citizens.

--The Langseth's voyage is the result of years of planning.
We are disappointed that China did not approve the original
cruise track of the Langseth, which included the conduct of
research in China's EEZ and was submitted to China in August

2008.

--As earlier discussed, the United States recognizes the need
for consent from a coastal state before conducting marine
scientific research in a coastal state EEZ. Accordingly, the
researchers adjusted the course of the Langseth to avoid the
Chinese EEZ.

--It is our understanding that the Langseth is not conducting
and does not plan to conduct any research in what we
understand to be China's EEZ.

--Since the Langseth has the necessary permissions to conduct
research on its current revised course, we do not understand
why Chinese vessels are communicating to the Langseth that it
needs Chinese permission to operate on its current tracks.
This is contrary to the spirit of scientific inquiry for the
benefit of mankind and the general trend toward more positive
bilateral relations between our two countries, as agreed to
by President Obama and President Hu in London.


CLINTON