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UNCLAS SECTION 01 OF 09 KUALA LUMPUR 001874 
 
SIPDIS 
 
DEPT FOR EAP, L/OES, S/CT, DS/ATA 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PTER MARR MASS EWWT IMO MY
SUBJECT: INTERNATIONAL MARITIME ORGANIZATION KUALA LUMPUR MEETING ON 
THE STRAITS OF MALACCA AND SINGAPORE, SEPTEMBER 18-20, 2006 
 
REF: A. 05 JAKARTA 013246 (NOTAL) 
 
¶B. 06 STATE 138286 (NOTAL) 
¶C. 06 LONDON 6347 
¶D. 06 NEW DELHI 5862 
¶E. 06 STATE 138300 
¶F. 06 SINGAPORE 2900 
 
Summary 
------- 
 
¶1.  Malaysia hosted the second International Maritime Organization 
(IMO)-sponsored meeting on "The Straits of Malacca and Singapore: 
Enhancing Safety, Security and Environmental Protection," held 
September 18-20, 2006, in Kuala Lumpur.  Delegations from the three 
littoral States (Indonesia, Malaysia and Singapore) and 28 other 
countries considered developments since the first meeting a year ago 
in Jakarta (ref A); endorsed establishment of a cooperative 
mechanism to facilitate implementation of six safety and 
environmental protection projects proposed by the littoral States; 
and avoided interference with ongoing efforts in military and law 
enforcement channels to enhance the security of the Straits. 
Malaysia and Indonesia repeatedly emphasized the need to respect the 
sovereignty and territorial integrity of littoral states. 
Ambassador LaFleur and U.S. Coast Guard Vice Admiral Wurster led the 
U.S. delegation.  Throughout the meeting, USDEL expressed support 
for IMO's efforts to enhance Straits security; emphasized U.S. 
respect for littoral states' sovereignty; and successfully bridged 
the need to advance both security and safety agendas against 
efforts, foremost by Indonesia, to prevent the meeting from 
discussing security.  The U.S. and China expressed interest in 
supporting some of the six proposed projects, which will be the 
subject of technical meetings in December 2006 and March 2007. 
Singapore will likely host the third, and presumably last, meeting 
of this series in about a year's time.  Septel will convey the full 
text of U.S. statements during the conference.  End Summary. 
 
U.S. Delegation 
--------------- 
 
¶2.  Ambassador to Malaysia Christopher J. LaFleur and USCG VADM 
Charles Wurster (as alternate head of delegation) led the U.S. team, 
which included EAP Senior Adviser Douglas Rasmussen, EAP Maritime 
Southeast Asia Office Director Scot Marciel, L/OES legal adviser 
Ashley Roach, and other representatives of EAP, USCG, Joint Staff, 
PACOM, PACFLT and Embassy Kuala Lumpur's Political, Economic, 
Defense Attache and Defense Cooperation offices.  USDEL actively 
participated in all conference sessions.  Ambassador LaFleur 
delivered the closing U.S. intervention, while VADM Wurster made 
formal presentations to sessions on cooperative efforts to maintain 
maritime security; exploring modalities for future cooperation; and 
on the prioritization of needs of projects on safety of navigation 
 
KUALA LUMP 00001874  002 OF 009 
 
 
and environmental protection. 
 
Indonesia and Malaysia Question IMO Role on Security 
--------------------------------------------- ------- 
 
¶3.  Malaysia hosted the second IMO-sponsored three-day meeting in 
Kuala Lumpur to address enhancing the safety, security and 
environmental protection of the Straits of Malacca and Singapore. 
(Ref A reports on the first meeting in Jakarta in September 2005.) 
In the run up to this second meeting it became clear that Foreign 
Ministry officials from Indonesia, and to some extent Malaysian 
officials, did not want this meeting to address enhancing the 
security of the Straits as this approach would "infringe on their 
sovereignty."  Indonesian delegation leader and Foreign Ministry 
Director General for Legal Affairs and International Treaties Eddy 
Pratomo stated in his opening remarks, and later repeated in another 
presentation, that Indonesia prefers "to confine security 
cooperation within the domain of bilateral security, defense or 
military cooperation, and not bringing [this] agenda under any 
international gathering.  It would prove to be [a] sensitive matter 
to discuss our security needs and priorities in an international 
setting.  We believe that this kind of sensitivity also work[s] on 
the users side as not all of the users are readily prepared to 
engage with us on such activities as provision of lethal equipment, 
a necessary element of maritime security." 
 
Indonesia on Maritime Security:  Achieving Domain Awareness 
--------------------------------------------- ---- 
 
¶4.  More positively, Pratomo's introductory speech and a second 
presentation on the "Malacca Straits Security Initiative" provided a 
description of future maritime security arrangements in the Straits 
which parallels the U.S. view of maritime domain awareness.  In his 
introductory remarks Pratomo said: 
 
-- "We envision a comprehensive management of the Straits whereby 
all movements of ships coming either from the diamond point or 
Natuna Sea and exiting at either the Natuna Sea or the diamond point 
can be monitored through a number of stations located in certain 
strategic points along the Strait....  It would be an ideal 
situation whereby regular communication could be established between 
these stations and the patrol ships and aircrafts of the authorities 
of the littoral Sates and the navigating ships.  This would help 
enhance the direct response capability to any threats.  Indeed, the 
most important aspect in the maritime security of the Straits is the 
direct response to any security disturbances on the ground as well 
as sharing of intelligence of an on-shore operation against those 
who pose threats to the security of the Straits." 
 
Malaysia: Guard Sovereignty and Straits Security 
--------------------------------------------- --- 
 
KUALA LUMP 00001874  003 OF 009 
 
 
 
¶5.  A senior Malaysia official stated that his government was not 
anxious to take up security issues during the Straits conference, in 
part because "the IMO is not the competent body to discuss 
multilateral security arrangements" and also because of latent 
sovereignty concerns.  While Malaysia did not appear supportive of 
focusing on security as part of the formal conference agenda, Deputy 
Prime Minister and Defense Minister Najib Tun Razak did not shy away 
from the topic of security in his keynote address opening the 
conference.  Najib described Straits security as "the highest 
priority" and also highlighted the sovereignty issue.  Najib said, 
"I have repeatedly said over the years that it is ultimately for the 
littoral states to protect and preserve the Straits.  Whilst it is 
important that all stakeholders and users are engaged to play their 
part and work together with the littoral states for this purpose, it 
must always be made very clear that whatever activities done must 
take into account the territorial integrity and sovereignty of the 
littoral states."  Najib noted advances in littoral states' security 
cooperation over the past two years, particularly coordinated 
patrols and the "Eyes in the Sky" program.  He supported capacity 
building for front-line enforcement agencies, deployment of new 
technologies, and greater information sharing and intelligence 
gathering across international boundaries.  The Deputy Prime 
Minister ended his address by warning that littoral states' failure 
to maintain security in the Straits could lead to an erosion of 
their sovereignty. 
 
Six Projects to Enhance Safety and Environmental Protection 
--------------------------------------------- --- 
 
¶6.  The littoral states proposed six projects addressing safety and 
environmental protection concerns, but they did not propose security 
projects.  USDEL supported the littorals' proposal to establish a 
cooperative mechanism for donors to work with the littorals to 
operationalize the six projects proposed to enhance the safety and 
environmental protection of the Straits (see below for project 
details).  USDEL approached this result as a confidence building 
measure with the littoral states and as a model for cooperation that 
at a future point also could be applied to security-related 
projects.  Before and during the conference, USDEL expressed support 
for IMO's efforts to use the conference series to find ways to 
strengthen the security of the Straits.  Led by the IMO 
Secretary-General's opening address and the U.S. initial 
 
SIPDIS 
presentation (septel), most of the presentations, including those of 
Malaysia and Indonesia, addressed the need to enhance the security 
of the Straits.  (Note:  Refs B-E report on preceding efforts to 
address security as well as safety and environmental protection of 
the Straits in the Kuala Lumpur conference.) 
 
¶7.  In August 2006, the littorals circulated descriptions of six 
projects for which they sought international assistance in enhancing 
 
KUALA LUMP 00001874  004 OF 009 
 
 
the safety and environmental protection of the Straits.  Although 
presented as a package from the three littorals, in fact each 
littoral put forward two projects, as follows: 
 
-- Malaysia:  removal of wrecks in the traffic separation scheme in 
the Straits, and cooperation and capacity building in hazardous and 
noxious substance (HNS) preparedness and response in the Straits. 
 
-- Singapore:  demonstration project of Class B AIS transponders on 
small ships in the Straits, and setting up a tide, current and wind 
measurement system for the Straits, to enhance navigational safety 
and marine environment protection. 
 
-- Indonesia:  replacement and maintenance of aids to navigation 
(ATON) in the Straits, and replacement of aids to navigation damaged 
by the December 2004 Tsunami. 
 
¶8.  The U.S. expressed interest in the HNS project, replacement of 
damaged ATON, and tide, current and wind measurement system 
(septel).  China stated that it was ready to undertake the project 
on replacement of aids to navigation destroyed by the tsunami 
disaster; to participate in the project on cooperation and capacity 
building on HNS preparedness and response; and to join in a project 
on setting up of a tide, current and wind measurement system for the 
Straits.  China stated its intention to have further talks with the 
Tripartite Technical Experts Group (TTEG, below) on the modality and 
content of cooperation.  China also stated to USDEL that it was 
interested in having early bilateral discussions with the U.S. on 
how to coordinate our efforts of assistance with these three 
projects.  Japan indicated it will be conducting cost-benefit 
analysis of the projects to determine what assistance it may 
provide. 
 
¶9.  Singapore tentatively plans to host meetings of the TTEG on 
Safety of Navigation in December 2006 and March 2007.  In 
conjunction with those meetings, representatives of those user 
states expressing an interest in supporting one or more of the six 
projects will be able to examine the projects in greater detail with 
a view to determining what concrete assistance they could provide. 
 
A PSSA for Malacca? 
------------------- 
 
¶10.  During his second presentation, Indonesian delegation leader 
Pratomo called for another environmental profile of the Straits, 
last conducted by the UN and the IMO in 1999.  In his view, such a 
profile "could be considered as an initial step to whether the 
Straits of Malacca can be classified as a Particularly Sensitive Sea 
Area (PSSA)."  Pratomo did not mention what associated protective 
measures might follow from a PSSA designation approved by the IMO. 
 
 
KUALA LUMP 00001874  005 OF 009 
 
 
 
The Kuala Lumpur Statement 
-------------------------- 
 
¶11.  The conference produced and adopted a formal statement, 
summarizing the meeting's conclusions.  The Kuala Lumpur Statement 
is similar in many respects to that adopted at the end of the 
Jakarta meeting (ref A, paragraph 7).  The text of the Kuala Lumpur 
statement is repeated below.  Septel will convey the full texts of 
U.S. statements during the conference. 
 
¶12.  BEGIN TEXT OF KL STATEMENT ADOPTED 20 SEPTEMBER 2006: 
 
      The Government of Malaysia and the International Maritime 
Organization (hereinafter referred to as "IMO") convened, pursuant 
to the decisions of the Meeting on enhancement of safety, security 
and environmental protection in the Straits of Malacca and Singapore 
held in Jakarta, Indonesia on 7 and 8 September 2005 (hereinafter 
referred to as "the Jakarta Meeting") and the twenty-third 
extraordinary session of the Council of the IMO in relation to the 
Protection of Vital Shipping Lanes, a Meeting on the Straits of 
Malacca and Singapore: Enhancing Safety, Security and Environmental 
Protection, which took place in Kuala Lumpur from 18 to 20 September 
2006 (hereinafter referred to as "the Kuala Lumpur Meeting"). The 
Kuala Lumpur Meeting was organized in co-operation with the 
Government of the Republic of Indonesia and the Government of the 
Republic of Singapore. 
 
      The purpose of the Kuala Lumpur Meeting was to provide an 
opportunity for further discussions on the recent developments 
relating to safety, security and environmental protection of the 
Straits of Malacca and Singapore (hereinafter referred to as "the 
Straits") with the aim of developing mechanisms and programmes to 
facilitate co-operation in keeping the Straits safe and open to 
navigation, including the possible options for burden sharing. 
 
      The Kuala Lumpur Meeting was attended by the three littoral 
States: Indonesia, Malaysia and Singapore and by delegations from: 
 
AUSTRALIA 
BAHAMAS 
BELGIUM 
BRUNEI DARUSSALAM 
CHINA 
CYPRUS 
DENMARK 
EGYPT 
FINLAND 
FRANCE 
GERMANY 
GREECE 
 
KUALA LUMP 00001874  006 OF 009 
 
 
INDIA 
JAPAN 
LIBERIA 
NETHERLANDS 
NEW ZEALAND 
NIGERIA 
NORWAY 
PAKISTAN 
PHILIPPINES 
REPUBLIC OF KOREA 
RUSSIAN FEDERATION 
SPAIN 
SWEDEN 
THAILAND 
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND 
UNITED STATES 
 
by observers from the following intergovernmental organizations: 
 
ASSOCIATION OF SOUTH EAST ASIAN NATIONS (ASEAN) 
 
and by observers from the following non-governmental organizations: 
 
INTERNATIONAL CHAMBER OF SHIPPING (ICS) 
INTERNATIONAL CONFEDERATION OF FREE TRADE UNIONS (ICFTU) 
INTERNATIONAL ASSOCIATION OF MARINE AIDS TO NAVIGATION AND 
LIGHTHOUSE AUTHORITIES (IALA) 
            BIMCO 
OIL COMPANIES INTERNATIONAL MARINE FORUM (OCIMF) 
INTERNATIONAL FEDERATION OF SHIPMASTER'S ASSOCIATIONS (IFSMA) 
INTERNATIONAL ASSOCIATION OF INDEPENDENT TANKER OWNERS (INTERTANKO) 
      INTERNATIONAL PARCEL TANKERS ASSOCIATION (IPTA) 
MALACCA STRAIT COUNCIL 
 
The Kuala Lumpur Meeting, 
 
      UPHOLDING the Batam Joint Statement, adopted on 2 August 2005 
by the Fourth Tripartite Ministerial Meeting of the Littoral States 
on the Straits of Malacca and Singapore, 
 
      RECALLING the achievements of the Jakarta Meeting and 
upholding also the Jakarta Statement, adopted on 8 September 2005 by 
the Jakarta Meeting, 
 
      RECALLING ALSO that the Straits are located within the 
territorial sea of Indonesia, Malaysia and Singapore (hereinafter 
referred to collectively as the "littoral States") and within the 
continental shelf and the exclusive economic zone of Malaysia and 
Indonesia and are straits used for international navigation as 
defined in the United Nations Convention on the Law of the Sea 
(hereinafter referred to as "UNCLOS"), 
 
KUALA LUMP 00001874  007 OF 009 
 
 
 
      RECOGNIZING the continued strategic importance of the Straits 
for regional and global seaborne trade and the need to ensure that 
they remain safe and open to shipping at all times, 
 
      RECOGNIZING ALSO the importance of enhancing safety and 
security and protection of the marine environment of the Straits and 
the possibility that unlawful acts committed therein may have 
negative impact on the flow of traffic there-through, 
 
      RECOGNIZING FURTHER the equally important role of the Straits 
in contributing towards the development and enrichment of the 
economies and people of other States, 
 
      AFFIRMING the sovereignty, sovereign rights, jurisdiction and 
territorial integrity of the littoral States over the Straits, as 
provided for under international law, in particular UNCLOS, and that 
the primary responsibility over the safety of navigation, 
environmental protection and maritime security in the Straits lies 
with the littoral States, 
 
      COMMENDING the sustained efforts and achievements of the 
Tripartite Technical Experts Group on Safety of Navigation 
(hereinafter referred to as "TTEG on Safety of Navigation") in 
enhancing safety of navigation and protection of the marine 
environment in the Straits, 
 
      ACKNOWLEDGING the role of the IMO, the user States, the 
shipping industry and of others stakeholders in co-operating with 
the littoral States in promoting and enhancing safety of navigation 
and environmental protection, and in ensuring the uninterrupted flow 
of traffic in the Straits, 
 
      ACKNOWLEDGING ALSO that the TTEG on Safety of Navigation is an 
effective mechanism for advancing future co-operation efforts among 
interested parties consonant with article 43 of UNCLOS, 
 
      WELCOMING the progress made in relation to the implementation 
of the Marine Electronic Highway Demonstration Project for the 
Straits of Malacca and Singapore developed by IMO in co-operation 
with the littoral States and funded by the Global Environmental 
Facility of the World Bank and the Republic of Korea, 
 
      COMMENDING the significant and effective efforts of the 
littoral States since the Jakarta Meeting in enhancing safety of 
navigation, environmental protection and security in the Straits, in 
particular to reduce the number of shipping incidents, oil spill 
incidents from ships, and armed robbery and other unlawful acts 
against ships to a very low level, 
 
      COMMENDING ALSO the significant progress, following the 
 
KUALA LUMP 00001874  008 OF 009 
 
 
Jakarta Meeting, towards the establishment of the co-operative 
mechanism between littoral States and user States, the shipping 
industry and others to facilitate regular discussion, exchange of 
information and co-operation including the possible option for 
burden sharing for the enhancement of safety of navigation and 
environmental protection in the Straits, 
 
      COMMENDING FURTHER the joint efforts of the armed forces of 
the littoral States in contributing to the security of the Straits, 
through the Malacca Straits Coordinated Patrols and the "Eyes in the 
Sky" maritime patrols, 
 
      NOTING WITH APPRECIATION the entry into force of the Regional 
Cooperation Agreement on Combating Piracy and Armed Robbery against 
Ships in Asia (hereinafter referred to as "ReCAAP") on 4 September 
2006, which will lead to the launch of the ReCAAP Information 
Sharing Centre (hereinafter referred to as "the Centre") in 
Singapore in November 2006, as well as the indication of 
preparedness of Indonesia and Malaysia to cooperate with the 
Centre, 
 
      NOTING ALSO the continuing efforts to establish the Tripartite 
Technical Experts Group on Maritime Security, 
 
      NOTING WITH APPRECIATION the contribution States and other 
stakeholders have made and continue to make towards the enhancement 
of the safety of navigation in, and the protection of the 
environment of, the Straits, 
 
      NOTING ALSO that the littoral States have identified a number 
of projects aimed at enhancing the safety of navigation and 
environmental protection in the Straits for which they are seeking 
cooperation from user States and other stakeholders for their 
implementation, 
 
      DESIRING that the Straits remains safe and open to 
international shipping at all times, in accordance with 
international law, in particular UNCLOS, and where applicable 
domestic law, and to build upon and enhance existing cooperative 
arrangements and measures towards this end, 
 
      DESIRING FURTHER to continue to enhance the safety, security 
and environmental protection of the Straits, 
 
      HAS AGREED: 
 
(a) that the work of the TTEG on Safety of Navigation, in enhancing 
the safety of navigation and in protecting the marine environment in 
the Straits, should continue to be supported and encouraged; 
 
(b) to support the continuous efforts of the littoral States and the 
 
KUALA LUMP 00001874  009 OF 009 
 
 
proposed cooperative mechanism as presented by the littoral States 
on safety of navigation and environmental protection, which is to 
promote dialogue and facilitate close cooperation between the 
littoral States, user States, shipping industry and other 
stakeholders; 
 
(c) that the projects presented at the Kuala Lumpur Meeting for 
enhancing safety of navigation and environmental protection should 
be supported; 
 
(d) that the littoral States, user States, the shipping industry and 
other stakeholders should co-operate towards the establishment of a 
mechanism for voluntary funding the above projects and the 
maintenance and renewal of the aids to navigation in the Straits; 
 
(e) that the littoral States should continue their efforts towards 
enhancing maritime security in the Straits, 
 
      HAS INVITED the IMO: 
 
(a) to continue to co-operate with the littoral States and to 
provide every assistance possible in attracting sponsors for the 
agreed projects and contributors for the maintenance, repair and 
replacement of the aids to navigation in the Straits; 
 
(b) to consider, in consultation with the littoral States, convening 
further follow-on meetings for the littoral States to identify and 
prioritize specific needs, and for user States to identify possible 
assistance and to respond to those specific needs, which may include 
provision of resources, capacity building, training and technical 
support, with a view to promote further co-operative measures 
including possible options for burden sharing. 
 
      EXPRESSED DEEP APPRECIATION to the Government of Malaysia for 
the excellent arrangements made for, the facilities and generous 
hospitality provided during the Kuala Lumpur Meeting; and to the 
Governments of the Republic of Indonesia, Malaysia and the Republic 
of Singapore and the International Maritime Organization for their 
diligent efforts to prepare for the Kuala Lumpur Meeting and ensure 
its successful conclusion. 
 
END TEXT OF KL STATEMENT. 
 
SHEAR