CARGO INSPECTION LAW: CABINET SUBMISSION SLATED

C O N F I D E N T I A L TOKYO 001507 SIPDIS E.O. 12958: DECL: 07/01/2019 TAGS: ELTN EWWT MOPS PBTS PGOV PHSA PINR PREL PTER JA, KS, KN SUBJECT: CARGO INSPECTION LAW: CABINET SUBMISSION SLATED FOR NEXT WEEK REF: TOKYO 1448 Classified By: Charge d' Affaires James P. Zumwalt, reasons 1.4(b) and (d). ¶1. (C) The Japanese government will submit a special measures bill authorizing Japan to interdict and inspect DPRK ship cargo (reftel) to the Cabinet for formal approval "early next week," Director General for International Peace Cooperation Headquarters in the Cabinet Office Takata told Charge and US Forces Japan (USFJ) Deputy Commander Brigadier General Toolan 1 July. Noting that existing Japanese legislation was insufficient to implement UNSCR 1874, Takata said the intent of the law was to eliminate or at least reduce the threat from North Korean actions. Additionally, the bill appears to have bipartisan support from both the ruling Liberal Democratic Party (LDP) and the opposition Democratic Party of Japan (DPJ),Ministry of Foreign Affairs (MOFA) National Security Policy Division Director Shimokawa told Embassy Tokyo 1 July. ¶2. (C) As noted reftel, the Japan Coast Guard will be the lead implementing agency under the new legislation, although Maritime Self-Defense Forces (JMSDF) will provide intelligence support and, if the situation warrants, may also participate in interdiction activities. MOFA Deputy Vice Minister for Foreign Policy Bessho stressed that the Coast Guard has extensive interdiction expertise, making over 8000 inspections of suspect vessels each year. Cabinet Office DG Takata added that Japanese customs officials will also be authorized to participate in inspection activities under the new law. Ministry of Defense (MOD) Defense Policy Bureau Director General Takamizawa said the JMSDF was already operating and gathering intelligence on DPRK vessels and would be ready to respond under the existing Self-Defense Forces law, if asked. ¶3. (C) Prior to any boarding, Takata said the new law requires Japan to seek consent of the vessel's flag state and its captain. In the event Japan can not obtain consent, Japan may be limited to simply tracking and reporting the vessel's progress and location. If the ship is non-compliant, the new legislation also calls for Japan to penalize the ship's captain through a combination of fines and/or imprisonment. ¶4. (C) Turning to rules of engagement, Takata emphasized that the new legislation is a law enforcement bill and that, as such, the use of weapons will be permitted in line with existing procedures followed by Japanese police. He stressed, however, that in line with UNSCR 1874, lethal force is not authorized. ¶5. (C) Noting that the government would strongly prefer to complete the legislation prior to the 28 July end of the current Diet session, Takata hoped that the Lower House of the Diet would pass the bill quickly and that the opposition-controlled Upper House would either do likewise or at least reject the bill in a timely manner. Takata said if the ruling coalition is successful in passing the bill in the current session, the Japan Coast Guard could be fully operational and prepared to undertake missions under the new law by the end of August. ZUMWALT