JAPANESE GOVERNMENT INITIAL RESPONSE ON ASSISTING

C O N F I D E N T I A L TOKYO 001840 SIPDIS STATE PLEASE PASS TO SPECIAL ENVOY FRIED E.O. 12958: DECL: 08/11/2019 TAGS: PREL KDRG JA PS SUBJECT: JAPANESE GOVERNMENT INITIAL RESPONSE ON ASSISTING WITH UIGHUR MEDEVACS FROM PALAU REF: A. SECSTATE 79114 ¶B. TOKYO 1740 Classified By: CHARGE D'AFFAIRES a.i., JAMES P. ZUMWALT, REASONS 1.4(B) AND (D). ¶1. (C) Summary: The Japanese government understands the importance the Obama Administration has placed on the closure of Guantanamo and wants to cooperate as much as possible on assisting with possible Uighur medevacs from Palau, according to the Ministry of Foreign Affairs (MOFA). MOFA noted, however, that legal requirements governing the entry of foreigners into Japan and restrictions on the use of SOFA facilities by non-SOFA status personnel make it "difficult" to grant "blanket" approval allowing detained Uighurs to enter Japan and access medical services at the U.S. Naval Hospital in Okinawa. Requests may be granted on a case-by-case basis on humanitarian grounds, but MOFA wondered if this position would be acceptable to the U.S. Additionally, the Japanese government has requested answers to detailed questions about the detainees in order to make a final determination (see para 5 for action request). End summary. ¶2. (C) As a general rule, Uighurs coming to Japan for medical treatment, as with all other foreigners, must satisfy the requirements for granting temporary entry into Japan and would need to be processed through customs, immigration, and quarantine (CIQ) procedures, MOFA First North American Division Deputy Director told Poloff 12 August. Any patient who would come to Japan would thus need to apply for and be granted a visa at the Japanese Embassy in Palau. "Comprehensive" or "blanket" approval for the detainees would be difficult, if not impossible, for the Ministry of Justice (MOJ) to provide, according to Yamamoto. In spite of this, the Japanese government could potentially consider granting approval without the normal bureaucratic procedures "on a humanitarian, case-by-case basis." ¶3. (C) Access by Uighur detainees to a SOFA facility for medical treatment would also be problematic, as the SOFA restricts access to these facilities to SOFA-status personnel only, according to MOFA SOFA Division Deputy Director Furugori, who also took part in the 12 August discussion. As with entry into Japan, however, the Japanese government could possibly consider use of the Naval Hospital in Okinawa to treat the detainees "on a humanitarian, case-by-case basis," but not as a general policy. ¶4. (C) Poloff thanked MOFA for the information and emphasized that the U.S. government places a very high priority on this matter, stressing that Japan's assistance would contribute greatly to President Obama's plan to close the Guantanamo facilities, which is central to our overall strategy in fighting terrorism. ¶5. (C) ACTION REQUEST: Prior to pursuing this matter further, the Japanese government has requested the U.S. government provide answers to the following questions: - What are the names of the detainees who would be transferred to Palau and potentially be treated in Okinawa? - What are the nationalities of the detainees? - Why were they detained in Guantanamo? - Who is requesting that detainees be provided this kind of guaranteed advance medical treatment as a condition of their transfer? Legal counsel? The Government of Palau? Both? - Why is the U.S. seeking to use Okinawa instead of Guam or a third country in the region? Post realizes the sensitivities involved in some of these questions, and we would appreciate Department guidance on the best way to respond. ¶6. (C) In addition to the questions in para 5, the Japanese government is very interested in determining the kind of arrangement the U.S. might find acceptable. If the humanitarian, case-by-case basis approach suggested herein will not be acceptable to the U.S., MOFA noted there is "no point" for them to pursue the issue further with MOJ and other relevant government agencies. If this approach is acceptable, however, Japan would like to know whether the U.S. finds a "gentleman's agreement" sufficient or if we would be seeking a written instrument. ZUMWALT