P 280911Z SEP 06
FM AMEMBASSY BANDAR SERI BEGAWAN
TO SECSTATE WASHDC PRIORITY 3548

C O N F I D E N T I A L BANDAR SERI BEGAWAN 000499 
 
 
FOR L/EAP AND EAP/MTS 
 
E.O. 12958: DECL: 09/27/2016 
TAGS: PREL BX
SUBJECT: REQUEST FOR SUGGESTION OF HEAD OF STATE IMMUNITY 
IN LAWSUIT AGAINST BRUNEI'S SULTAN AND CROWN PRINCE 
 
REF: (A) BANDAR SERI BEGAWAN 422 (B) STATE 159940 
 
Classified By: Ambassador Emil Skodon, reasons 1.4 (b, d) 
 
¶1.  (C) As instructed, Ambassador shared with Foreign Minister 
II Lim Jock Seng the points in para 8 of ref B regarding the case 
of Gligorov et al v.s. Sultan of Brunei et al.  After considering 
those points and consulting with the U.S. law firm retained by 
the Sultan and Crown Prince (Cravath, Swaine, & Moore), the 
Government of Brunei (GOB) decided to submit a diplomatic note 
asking the USG to file a suggestion of Head of State immunity 
with the New York court.  FM II Lim delivered the third party 
note directly to Ambassador.  Original plus attachments are being 
pouched to Department (EAP/MTS). 
 
¶2.  (C) The text of the note is reproduced in the final para of 
this cable.  It contains reference to a number of other cases in 
which the GOB believes a suggestion of immunity was issued, 
including Marketic v.s. Kaliber Talent Consultants, in which the 
Sultan of Brunei was named as a defendant.  As one of the 
attachments to its note, the GOB included copies of a July 25, 
1997 letter from Acting Legal Adviser Matheson to Assistant 
Attorney General Hunger asking the Justice Department to submit a 
suggestion of immunity for the Sultan in the Marketic case, and 
an August 14, 1997 DOJ submission to the court suggesting such 
immunity.  Other attachments to the note include copies of the 
Gligorov complaint, the GOB proclamation naming the Crown Prince 
as heir to the throne, and the Joint Statement issued during the 
Sultan's 2002 meeting with President Bush at the White House. 
 
¶3.  (C) Lim explained that he was delivering the note directly to 
Ambassador because the Sultan had decided not to involve the 
Brunei Embassy in Washington at this stage, due to his desire to 
maintain the confidentiality of his exchanges with the USG on 
this subject for as long as possible.  Ambassador explained that 
the request contained in the GOB note would become public 
knowledge if a suggestion of immunity was actually submitted to 
the court by DOJ, but that the USG might wait to see if service 
of process was ever made before making such a submission.  Lim 
understood both points and said he had asked the Sultan's U.S. 
law firm to stay in close touch with the Department regarding the 
Gligorov complaint. 
 
¶4. (C)  Text of GOB diplomatic note follows: 
 
The Ministry of Foreign Affairs and Trade of Brunei Darussalam 
presents its compliment to the Embassy of the United States of 
America in Bandar Seri Begawan and has the honour to request the 
latter to convey the request of the Government of Brunei 
Darussalam ("Brunei") that the United States of America suggest 
the immunity of both His Majesty Sultan Haji Hassanal Bolkiah, 
the Sultan of Brunei Darussalam, and His Royal Highness Haji Al- 
Muhtadee Billah, the Crown Prince of Brunei, in connection with a 
lawsuit filed against them. 
 
On June 26, 2006, a lawsuit was commenced against His Majesty and 
the Crown Prince in the United States District Court for the 
Southern District of New York.  A copy of the complaint 
captioned, Gligorov v. His Royal Majesty Sultan Haji Hassanal 
Bokiah (Sultan of Brunei), et al., No. 06-4905 (S.D.N.Y. filed 
June 26, 2006), is attached as Exhibit A.  By way of thirteen 
separate legal claims, the complaint alleges that His Majesty and 
the Crown Prince failed to pay for certain investigative and 
other services allegedly performed on their behalf by a citizen 
of Slovenia over the last several years.  As such, the suit 
ostensibly does not involve any alleged misconduct that took 
place in the United States. 
 
It is the Ministry's understanding that under customary rules of 
international law, recognized and applied in the United States, 
the head of state of a friendly foreign government, his immediate 
family members, its foreign ministers, and those designated by 
the head of state as members of his official party, are immune 
from the jurisdiction of the U.S. Federal and State Courts.  See 
e.g., Lafontant v. Aristide, 844 F. Supp. 128, 131-32 (E.D.N.Y. 
1994), appeal dismissed, No. 94-6026 (2d Cir. 1996); Leutwyler v. 
Queen Rania Al Abdullah, No. 00 Civ. 5485, 2001 WL 893342, at *1 
(S.D.N.Y. Aug. 8, 2001); Estate of Silme G. Domingo v. Marcos, 
No. C82-1055V, 1983 LEXIS 20372, at *5 (W.D. Wash. July 14, 
1983); Tachiona v. Mugabe, 169 F, Supp. 2d 259, 297 (S.D.N.Y. 
2001).  Indeed, the United States suggested the immunity of His 
Majesty in connection with a lawsuit filed against His Majesty in 
¶1998.  See Marketic v. Kaliber Talent Consultants, Inc., No. 
CV97-0356, 1998 WL 1147140 (C.D. Cal., Mar. 15, 1998).  The 
suggestion of immunity letter submitted by the United States in 
that case is attaced as Exhibit B. 
 
His Majesty remains the supreme executive authority and Head of 
State of Brunei, in which capacity he has served since ascending 
to the throne on October 5, 1967.  His Majesty also serves as the 
Prime Minister, Defense Minister, Finance Minister, and Head of 
the Religion of Brunei.  His Majesty's son, the Crown Prince, is 
of course the direct successor and heir to the throne of Brunei 
by virtue of the Succession Regency Proclamation, which is 
attached as Exhibit C.  The Crown Prince was proclaimed on August 
10, 1998, and is in line to become the 30th Sultan of Brunei. 
The Crown Prince is also the Senior Minister at the Prime 
Minister's Office, which makes the Crown Prince the second 
highest ranking official in the Brunei government. 
 
The Ministry of Foreign Affairs and Trade of Brunei Darussalam, 
therefore respectfully request that the United States suggest the 
immunity of His Majesty and the Crown Prince, as it has done in 
similar circumstance for heads of state and their immediate 
family members.  See e.g., Suggestion of Immunity, United States, 
on behalf of the President and First Lady of the Republic of the 
Philippines, in Estate of Silme G. Doming v. Marcos, No. C82- 
1055V, 1983 LEXIS 20372 (W.D. Wash, July 14, 1983) ("Mrs. Marcos 
is a member of the immediate family of President Marcos and, 
therefore, partakes of his immunity ..."); Kilroy Windsor, No. C- 
78-291 slip op. (N.D. Ohio, Dec. 7, 1978) (holding that Prince 
Charles, as heir apparent to the throne of England, is entitled 
to head of state immunity in accordance with State Department 
suggestion of immunity); Kline v. Kaneko, 535 N.Y.S. 2d 303,304 
(Sip. Ct. N.Y. 1988) (suggestion of immunity letter filed on 
behalf of, Paloma Cordero De la Madrid, the wife of the President 
of Mexico, requires dismissal of case: "[u]nder general 
principles of international law, heads of state and immediate 
members of their families are immune from suit."); LaFontant, 844 
¶F. Supp. At 139 (suggestion of immunity letter issued for Haitian 
President Aristide); Mugabe, 169 F. Supp at 259 (suggestion of 
immunity letter issued for President of Zimbabwe). 
 
Friendly relations between the United States and Brunei 
Darussalam date from the 1800s.  In 1850, the United States and 
Brunei Darussalam concluded a Treaty of Peace, Friendship, 
Commerce and Navigation, which remains in force today.  More 
recently, in December 2002, His Majesty visited with President 
Bush in Washington.  During this visit, His Majesty and President 
Bush issued a "Joint Statement Between the United States of 
America and Brunei Darussalam", which is attached as Exhibit D. 
This statement reaffirms both governments' mutual cooperation in 
many areas, including bilateral economic and trade cooperation, a 
bilateral defense relationship, and a mutual commitment to the 
global war on terrorism. 
 
Suggesting the immunity of His Majesty and the Crown Prince is, 
in our judgement, in the foreign policy interests of both the 
United States and Brunei Darussalam.  Permitting the pending 
litigation to proceed against His Majesty and the Crown Prince 
would, by contrast, be incompatible with those interests. 
Accordingly, the Government of Brunei Darussalam respectfully 
requests that the United States suggest the immunity of both His 
Majesty and the Crown Prince at the earliest possible time. 
 
The Ministry of Foreign Affairs and Trade avails itself of this 
opportunity to renew to the Embassy of the United States of 
America in Bandar Seri Begawan the assurances of its highest 
consideration. 
 
End text of GOB diplomatic note. 
 
SKODON