CODEL BERMAN'S AUGUST 20-22 VISIT TO TAIWAN

C O N F I D E N T I A L SECTION 01 OF 03 TAIPEI 001029

SIPDIS

STATE FOR EAP/TC AND H - PLEASE PASS TO HFAC STAFF MEMBER
J.J. ONG

E.O. 12958: DECL: 08/24/2019
TAGS: OREP OVIP MASS MARR PREL PGOV PHUM TW CH
SUBJECT: CODEL BERMAN'S AUGUST 20-22 VISIT TO TAIWAN

Classified By: Acting Director Robert Wang for reasons 1.4(b/d)


1. (C) Summary. Taiwan officials expressed appreciation for
U.S. assistance in response to Typhoon Morakot during the
August 20-22 visit of CODEL Berman. President Ma Ying-jeou
and opposition leader Tsai Ing-wen both underscored the
importance of U.S. security commitments to Taiwan, including
the sale of key defensive systems like the F-16 C/D. Ma
pushed for the speedy conclusion of an extradition agreement,
Taiwan's admission to the Visa Waiver Program and,
longer-term, implementation of a free trade agreement. Tsai
warned of "backsliding" on human rights under Ma's government
and said the President's cross-Strait policies put Taiwan's
sovereignty at risk. End Summary.


2. (SBU) A Congressional delegation led by HFAC Chairman
Berman visited Taiwan August 20-22. The CODEL met with
Taiwan government officials, including President Ma
Ying-jeou, National Security Advisor Su Chi, Foreign Minister
Ou Hong-lien and Legislative Yuan Speaker Wang Jin-pyng, as
well as representatives from Taiwan's main opposition
political party.

DPP: Ma China Policy, Rights Practices Threaten Taiwan
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3. (C) Opposition Democratic Progressive Party (DPP) Chair
Tsai Ing-wen thanked Chairman Berman and the members of his
delegation for making DPP headquarters its first stop on
Taiwan. While there is a considerable divide between
supporters of Taiwan's two major political parties, Tsai
said, everyone greatly appreciated the United States'
decision to send helicopters and other humanitarian
assistance to assist in recovery efforts following Typhoon
Morakot. Taiwan often feels isolated internationally, Tsai
said, and the quick response by the United States and others
made the island feel it is a part of the global community.


4. (C) DPP International Affairs Director Bikhim Hsiao
emphasized that, while the DPP and ruling KMT disagree on
many issues, the DPP and KMT are unanimous in support of
strong relations with the United States and will coordinate
closely on issues such as the defense budget. At the same
time, Hsiao said, the DPP disagrees strongly with the KMT
China policy. The KMT effort to improve economic and trade
links with the mainland is making Taiwan overly dependent on
a country that is still hostile to the island. The DPP does
not oppose trade with China, she stressed, but wants to
balance it with closer ties with other key partners.
Responding to a question from Rep. Watson, Tsai said the Hong
Kong "one country, two systems" formula has "no market" on
Taiwan. Despite this, she said, if the Ma administration
continues to pursue its policies, such an outcome is
inevitable.


5. (C) An equally fundamental concern of the DPP is the Ma
administration's roll-back of hard-won freedoms, Hsiao said.
In this regard, DPP Foreign Affairs Advisor (and head of
Taiwan's representative office in Washington under DPP
President Chen Shui-bian) Joseph Wu said, recent instances of
politically-motivated prosecutions and police actions to
prevent free speech are "worrying." Tsai offered the
delegation a paper outlining 7 specific areas of concern,
including police actions during protests surrounding the
November 2008 visit of PRC official Chen Yunlin, proposed
revisions of the Parade and Assembly Act and political
interference in the judicial system. (Note: A copy of this
2-page document has been forwarded to EAP/TC.)

Ma: U.S. Role Essential to Taiwan Security
--------------


6. (C) President Ma began his meeting with CODEL Berman by
expressing appreciation for U.S. assistance in the aftermath
of Typhoon Morakot and for American help in ensuring that
Taiwan can deter the PRC militarily. (Note: According to
Presidential office officials, this was the only foreign
delegation Ma has agreed to see since Typhoon Morakot hit
Taiwan August 8.) These themes were repeated by all of the
CODEL's interlocutors, including Foreign Minister Ou
Hong-lien and Legislative Yuan Speaker Wang Jin-pyng. By
giving Taiwan the confidence to deal with China, Ma said,
U.S. arms sales play a key role in his administration's
efforts at rapprochement. The result is that U.S.-Taiwan-PRC

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relations are all better than they have been in 60 years, Ma
said.


7. (C) Berman offered condolences for Taiwan's losses from
the typhoon and noted that Chinese officials had said nothing
to him about the deployment during his just-completed visit.
Indeed, in sharp contrast to his previous trips to Beijing,
Berman said, his interlocutors said almost nothing about
Taiwan. Only once did a Chinese official raise Taiwan,
Berman said, and only at the end of his visit and in a
perfunctory manner. Improved cross-Strait ties are good for
the United States, he stressed, and asked what Congress can
do to further these efforts.


8. (C) China understands that his efforts to reduce
cross-Strait tensions are in the interests of all three
sides, Ma said. These efforts are producing results, the
President stressed, noting the success of cross-Strait
flights, agreements on shipping and other issues, and the
other important steps taken over the last 15 months. To
continue down this path, though, Taiwan needs to have a sense
that it can deal with China from a position of confidence.
To this end, it is essential that Taiwan be able to maintain
a credible military deterrent. Specifically, he said, Taiwan
needs to replace its aging fleet of F-5s with F-16 C/Ds.
While noting that the executive branch would make the
decision whether to approve such a request, Berman said the
Senate version of the FY10 Defense Authorization Act included
a provision requiring the Defense Department to prepare a
report on Taiwan air defense needs and what the United States
would need to do to meet its Taiwan Relations Act (TRA)
commitment in this area.

Extradition, Human Rights and the Judiciary
--------------


9. (C) On a strictly bilateral note, Ma noted his
administration's interest in concluding an extradition
agreement with the United States. Already, Taiwan is
unilaterally returning criminal suspects to the United
States. Unfortunately, because of the complexities of the
U.S. immigration system, the United States has been unable to
reciprocate. China will not object, Ma asserted, noting that
Taiwan and the PRC have already signed a judicial cooperation
agreement and law enforcement authorities cooperate actively
across the Taiwan Strait. Rep. Berman noted that negotiating
such an agreement is an executive branch function, but said
he could not understand why the United States would not want
to do so and agreed to follow up with State and other
agencies upon his return to Washington.


10. (C) Later in the conversation, Rep. Berman noted that DPP
Chair Tsai had expressed concern about "backsliding" in the
area of human rights. While it would not be appropriate to
comment further, he said, it is important to note that issue
is out there. Ma pointed out that on May 14 Taiwan acceded
to the UN Conventions on Civil and Political Rights and on
Economic and Social Rights. Moreover, because Taiwan is not
a UN member, the Legislative Yuan passed legislation giving
these two agreements the force of domestic law. Within two
years, the government will review all laws to ensure that any
now incompatible come into compliance with these new
commitments.


11. (C) Commenting on the detention of former President Chen
Shui-bian, Ma said this decision was approved by independent
judges. Ma noted that he is a lawyer himself and has great
respect for the judiciary. Indeed, when he was accused of
corruption, Ma said, many friends urged him to try to pull
strings to have the charges dropped. Instead, Ma said, each
of the 14 times he testified, he simply expressed confidence
in his innocence and the impartiality of the judicial system.
In the end, he added, he was acquitted.

Visa Waiver
--------------


12. (C) Ma emphasized the importance of the people-to-people
ties linking Taiwan and the United States and expressed the
hope that Taiwan will be admitted to the U.S. Visa Waiver
Program (VWP). For its part, Taiwan understands that its
refusal rate is above the statutory requirement, he said.
Rep. Hinojosa noted the importance of higher education in
Taiwan and the role played by Taiwan students in the American

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educational system. While there clearly are legal issues to
be resolved, Chairman Berman said, it should be in U.S.
interests to speed up the process of Taiwan's consideration
for admission.

Trade Issues
--------------


13. (C) Rep. Kingston noted that the President had not
mentioned a Free Trade Agreement (FTA) and asked what
Taiwan's timetable is for concluding one. Taiwan understands
that the current U.S. administration does not have "fast
track" authority, Ma said, and so is focusing instead on
building blocks, such as a Bilateral Investment Agreement,
that would eventually accomplish the same end as an FTA.
Berman thanked Ma for the progress Taiwan has made in
protecting physical IPR and urged the President to extend
similar protections to downloaded digital intellectual
property.

National Security Advisor: Stability is Taiwan's Goal
-------------- --------------


14. (C) During a follow-on meeting with the CODEL, National
Security Advisor Su Chi stressed that eight years of DPP rule
had created tensions between Taiwan and China, but also
between Taiwan and the United States, Japan and other
international partners. At the same time, DPP President
Chen's policies had left Taiwan society deeply divided and
unstable. Thus, President Ma's major goal is to restore
internal and external stability, Su said. Ma's status quo
cross-Strait policy led to relaxed relations with China but
also, hopefully, will take some of the heat out of domestic
political disagreements. The KMT is not, Su emphasized,
"pro-China." It is, rather, "pro-engagement," seeking to
strengthen ties with the United States, Japan and other even
as it pursues cross-Strait rapprochement.


15. (C) Rep. Faleomavaega asked how Ma's policies would
affect Taiwan's diplomatic allies in the South Pacific and
whether Taiwan intends to continue its "checkbook diplomacy."
One of President Ma's successful policies is his diplomatic
truce with Beijing, which ended a bidding war for diplomatic
recognition. This in turn allowed Ma to end the less savory
practice of past administrations of currying favor with
foreign officials through under-the-table contributions.
Ma's policies, Su quipped can be summed up as "don't push the
envelope" (i.e., pursuing de facto independence or taking
other steps that would provoke a PRC reaction) and "don't
pass the envelope" (paying foreign officials in exchange for
diplomatic recognition). So far, Su said, this approach is
working and Taipei has not lost a single diplomatic partner
since Ma took office.

Delegation
--------------


16. (U) CODEL Berman included Chairman Berman, Rep.
Faleomavaega, Rep. Watson, Rep. Kingston and Rep. Hinojosa,
as well as HFAC Professional Staff Member (PSM) David Fite,
HFAC PSM Jessica Lee, HFAC PSM Mary McVeigh, HFAC PSM Joo-Jin
Ong, HFAC PSM Amanda Sloat, HFAC Communications Director
Lynne Weil, HFAC PSM Margaret Mott, HFAC PSM Daniel Bob, and
DOD escorts Col. Jeff Koch USAF, LTC Stacee Bako USAF, LTC
Michael Madsen USAF, MSGT Lloyd Jenkins NCO, MSGT Marvin
Tasby NCO, and Dr. Michael Wenzel.


17. (U) The CODEL did not have the opportunity to clear on
this message.
WANG