O 010043Z JUL 09
FM AMEMBASSY BEIJING
TO SECSTATE WASHDC IMMEDIATE 4937
INFO CHINA POSTS COLLECTIVE
NSC WASHDC
AIT TAIPEI 7329
CIA WASHINGTON DC
SECDEF WASHINGTON DC
JOINT STAFF WASHINGTON DC
DIA WASHINGTON DC
CDR USPACOM HONOLULU HI

C O N F I D E N T I A L BEIJING 001822 
 
 
DEPARTMENT FOR EAP, ISN. JOINT STAFF FOR J5 
 
E.O. 12958: DECL: 06/23/2034 
TAGS: PREL PARM MOPS CH TW
SUBJECT: 2009 U.S.-CHINA DEFENSE CONSULTATIVE TALKS (DC), 
SESSION 2: MARITIME SAFETY AND SECURITY 
 
Classified By: Classified by ADCM William Weinstein.  Reasons 
1.4 (b) and (d). 
 
Summary 
------- 
 
¶1. (C)  The U.S. policy of conducting surveillance in China's 
Exclusive Economic Zone (EEZ) reflects a Cold War mentality 
and should be stopped, the People's Liberation Army (PLA) 
delegation maintained during the second session of Defense 
Consultative Talks (DCT) June 23, 2009.  U.S. surveillance 
activities undermine strategic trust, have a negative 
environmental impact, and have caused indignation amongst 
Chinese people and service personnel, the delegation 
insisted.  The Military Maritime Consultative Agreement 
(MMCA) is an important mechanism for solving disputes at sea 
diplomatically, and the PLA promised to provide a "positive 
proposal" in advance of a special MMCA session in July.  The 
U.S. delegation replied that U.S. survey activities in 
international waters are in keeping with customary 
international laws and UN conventions, and the overall 
military-to-military relationship should not be held hostage 
to maritime disputes.  The U.S. delegation reaffirmed the 
importance of the MMCA and likewise welcomed further dialogue 
on the topic.  End Summary. 
 
PLA Perspectives on U.S. Surveillance Activity 
--------------------------------------------- - 
 
¶2. (C)  The U.S. policy of conducting close-range 
surveillance in China's EEZ and airspace are a means of 
guarding against and containing China, and reflect a Cold War 
mentality, Rear Admiral Yi Changzhi, PLA Navy Deputy Chief of 
Staff, told the U.S. delegation.  While the policy might 
provide the United States a modicum of deterrence due to the 
forward deployment of forces it enables, overall the net 
effect is negative, owing to the hostility it generates among 
the Chinese people and the increased risk of incidents, RADM 
Yi concluded. 
 
¶3. (C)  Furthermore, U.S. reconnaissance activities undermine 
strategic trust between the United States and China, RADM Yi 
continued.  In recent years, U.S. air and sea vessels have 
increased the frequency, intensity and range of surveillance 
activities, and this constant surveillance makes China "feel 
insecure," he maintained.  RADM Yi noted that the United 
States and China are not at war nor are there tensions in the 
bilateral relationship or across the Taiwan Strait, and yet 
U.S. reconnaissance ships continue to enter PRC waters almost 
daily.  This surveillance lacks tactical significance, RADM 
Yi insisted, and signals U.S. hostility towards China. 
Surveillance makes future bilateral relations uncertain, he 
continued.  Noting that the United States has encouraged 
China to increase military transparency, RADM Yi stated that 
China can not do so while the United States continues to 
attempt to collect intelligence against it. 
 
¶4. (C)  U.S. reconnaissance activities in China's EEZ 
infringe on China's maritime rights and interests by damaging 
the environment and impacting the fishing industry, RADM Yi 
insisted.  A recent report by the PRC Ministry of Fisheries 
demonstrated that high-intensity sound waves from U.S. sonar 
were the primary cause of damage to the ecology and 
environment in China's EEZ, he declared.  He noted that some 
ocean mammals sense their surroundings by using sonar, and 
that U.S. high-intensity sonar poses a threat to them. 
Likewise, U.S. sonar decreases the ability of some fish to 
catch prey, RADM Yi maintained.  He observed that on August 
6, 2007, a U.S. judge ruled that the use of high-intensity 
sonar is "unacceptable" off the coast of California, and that 
the U.S. Navy is no longer conducting anti-submarine training 
off of Hawaii to avoid potential lawsuits.  From the 
standpoint of protecting China's maritime environment and 
fishing industry, it is indisputable that PRC law allows for 
measures to be taken against ships operating in its EEZ, RADM 
Yi avowed.  Later in the dialogue, Lieutenant General Ma 
Xiaotian, Deputy Chief of the PLA General Staff, 
re-emphasized the environmental impact of surveillance on 
fishing and economic activity, urging the United States to 
"reflect on the impact" of its policies. 
 
¶5. (C)  Additionally, the frequency of U.S. surveillance 
activities directed against China has triggered indignation 
among China's people and servicemen that is not conducive to 
the development of bilateral or military-to-military 
relations, RADM Yi maintained.  Continued surveillance has 
also increased the risk of incidents at sea and should be 
stopped, he declared. 
 
¶6. (C)  Since its signing, the U.S.-China Military Maritime 
Consultative Agreement (MMCA) has played an important role in 
solving issues of military maritime security, RADM Yi 
affirmed.  China looks forward to further dialogue on the 
modification of the agreement at a special MMCA meeting to be 
held in late July, he continued.  In response, Brigadier 
General William Uhle, PACOM Deputy J5, noted that the 
operational safety of sea vessels in close proximity is one 
of the United States' highest priorities.  The U.S. supports 
the MMCA as a mechanism for solving disputes diplomatically, 
and looks forward to dialogue on proposed revisions to the 
MMCA charter, he said.  The United States awaits PRC input so 
that the two sides can deepen dialogue and reach agreement, 
Brig Gen Uhle continued.  LTG Ma replied that the PLA also 
looks forward to the special MMCA session, and would present 
a "positive proposal" to the U.S. 
 
¶7. (C) The two sides should conduct further dialogue on how 
the United States can exercise its right of navigation, LTG 
Ma suggested.  He noted that "not all" of the incidents at 
sea were "designed" by China, suggesting many were accidents 
or mistakes.  While increased safety measures are important, 
LTG Ma conceded, it is equally important to decrease the 
frequency and intensity of surveillance, as doing so would 
decrease the probability of an incident.  He noted that 
maritime incidents have occurred previously, citing a 
collision between British and French submarines and one 
involving a U.S. submarine and supply ship.  During the Cold 
War, U.S. and Soviet submarines collided more than once, LTG 
Ma recalled.  LTG Ma urged both sides to take measures to 
prevent such occurrences in the future. 
 
U.S. Response: Surveillance is Legal 
------------------------------------ 
 
¶8. (C) In response, Michele Flournoy, Under Secretary of 
Defense for Policy (USDP), reminded the PLA that U.S. survey 
activities in international waters were within the bounds of 
customary international law and the UN Convention on Law of 
the Sea (UNCLOS).  The U.S. also maintained that disputes 
should be settled through diplomatic channels and not through 
threatening actions that endanger the lives and safety of 
U.S. seafarers.  She explained that the United States would 
continue to exercise its navigation rights under 
international law, adding that the United States agreed that 
the MMCA has played an important role in the past and hoped 
that it could continue to do so in the future.  In response, 
LTG Ma insisted that U.S. surveillance activities have 
increased in number and frequency off the coast of China to 
the point that the number of surveillance missions around 
China is greater than anywhere else in the world -- greater 
even than those conducted against the former Soviet Union 
during the Cold War.  Such surveillance activities are due to 
a lack of mutual trust, he declared. 
 
¶9. (C)  President Obama wants to create a positive, 
cooperative and comprehensive relationship with China, 
Michael Schiffer, Deputy Assistant Secretary of Defense 
(DASD) for East Asia said, adding that the United States and 
China have many shared interests.  The United States notes 
and appreciates the reduction in tension in maritime issues, 
and Admiral Gary Roughead, Chief of Naval Operations, was 
pleased with his visit to China for the International Fleet 
Review and 60th anniversary of the PLA Navy in April, DASD 
Schiffer acknowledged.  It is a positive sign that no 
PRC-flagged fishing vessels have harassed U.S. survey ships 
in recent weeks, and a testament that the two sides could 
work through these issues in an efficient manner, he 
suggested.  It is also important that differing legal 
interpretations not affect safety at sea, nor should either 
country allow maritime disputes to escalate or hold the 
overall bilateral relationship hostage to unfortunate and 
avoidable incidents, DASD Schiffer maintained.  At a time 
when overall relations are improving, it would be unfortunate 
to have one incident overwhelm positive progress, he added. 
When incidents do occur, it is important that they be handled 
through diplomatic channels so as not to endanger the lives 
and safety of seafarers on both sides. 
 
¶10. (C) USDP noted the importance of further deepening the 
dialogue through the MMCA mechanism, as neither side could 
afford miscalculations.  LTG Ma responded that the PLA also 
has the right of navigation under international law, which is 
why the two sides share common responsibilities. 
 
¶11. (U)  U.S. Participants: 
 
Michele Flournoy, Under Secretary of Defense for Policy (USDP) 
Dan Piccuta, Charge d'Affaires 
Michael Schiffer, Deputy Assistant Secretary of Defense 
(DASD) for East Asia 
David Shear, EAP/CM, Department of State 
Brig Gen Joseph Callahan, Deputy Director for 
Politico-Military Affairs - Asia, Joint Staff J5 
Brig Gen William Uhle, USPACOM Deputy J5 
RDML Bradley Gerhrke, U.S. Defense Attache in Beijing 
John Plumb, OSD Principal Director for Nuclear and Missile 
Defense Policy 
Craig Mullaney, OSD Principal Director for Central Asia 
Robert Gromoll Acting Director for Regional Affairs ISN, 
Department of State 
 
¶12. (U)  PRC Participants 
 
Lieutenant General Ma Xiaotian, Deputy Chief of the PLA 
General Staff 
Major General Qian Lihua, Director, Ministry of National 
Defense Foreign Affairs Office (MND/FAO) 
Major General Yang Hui, Director, Intelligence Department, 
PLA General Staff Department 
Rear Admiral Yi Changzhi, Deputy Chief of Staff, PLA Navy 
Major General Zhu Chenghu, Director, Department of 
International Strategic Studies, PLA National Defense 
University (NDU) 
Senior Captain Guan Youfei, Deputy Director, MND/FAO 
Senior Colonel Wang Kebin, Deputy Director, Operations 
Department, PLA General Staff Department 
Major General Zhao Ning, PRC Defense Attache in Washington 
Senior Captain Li Ji, Director, North American and Oceania 
Bureau, MND/FAO 
Councilor Ma Zhanwu, North American and Oceania Affairs, MFA 
Lieutenant Colonel Chu Weiwei, Interpreter, MND/FAO 
 
¶13. (U)  USDP has cleared this cable. 
 
GOLDBERG