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FM AMEMBASSY LONDON
TO RUEHC/SECSTATE WASHDC 1489
INFO RUWDQAC/COMDT COGARD WASHINGTON DC//G-CI/G-MS/G-M/G-L/G-MW
RHEFHLC/HOMELAND SECURITY CENTER WASHINGTON DC
RUEHZN/ENVIRONMENT SCIENCE AND TECHNOLOGY COLLECTIVE

UNCLAS LONDON 000317 
 
SIPDIS 
 
SIPDIS 
 
STATE PLEASE PASS TO IO/OIC FOR M. MORRISSEY 
 
E.O. 12958: N/A 
TAGS: PREL PHSA EWWT ECPS MOPS AORC IMO KTIA
US, UK, KE, XA 
SUBJECT: INTERNATIONAL MARITIME ORGANIZATION (IMO): 
REPORT OF THE NINETY-SEVENTH SESSION OF THE COUNCIL, 
LONDON, 6-10 NOVEMBER 2006. 
 
¶1. SUMMARY:  The International Maritime Organization 
(IMO) met at Central Hall Westminster in London, UK 
from 06-09 November 2006, to hold the ninety-seventh 
session of the Council (C97) chaired by Mr. Johann 
Franson (Sweden). Topics of significant interest 
included: Condolences for the recent passing of Igor 
Ponomarev (Chairman of the Maritime Safety Committee 
MSC) and discussions with SECGEN Mitropoulos regarding 
who would assume the position of Chairman of the MSC; 
discussions with the IMO Secretariat to increase US 
Coast Guard in-kind support to the IMO's Integrated 
Technical Co-operation Program; resource management and 
the IMO's 2007 budget; the Voluntary IMO Member State 
Audit Scheme; reports of the Committees; interpretation 
of Article 17 of the IMO Convention as the basis for 
ensuring geographic representation on the Council; 
protection of vital shipping lanes; and renewing the 
contract of the SECGEN.  The USDEL intervened on the 
following agenda items: Review of the Organization's 
financial framework in accordance with Assembly 
Resolution A.969 - including amendments to the 
Financial Regulations and Financial Rules; the recent 
passing of Mr. Igor Ponomarev (Russian Federation); the 
Voluntary IMO Member State Audit Scheme; the 
consideration of the report of the Legal Committee; 
Implementation of Article 17 of the IMO Convention; 
Protection of vital shipping lanes; and renewing the 
contract of the SECGEN.  END SUMMARY. 
 
¶2. DELEGATION INFORMATION. The USDEL for C97 consisted 
of Mr. Laurence Tobey, Department of State 
(Representative), Ms. Katherine Johnson, US Coast Guard 
(Alternate), Mr. Jeremy Cairl, US Coast Guard, and LT 
Zachary Ford, US Coast Guard. C97 was attended by all 
of the forty (40) Council Members: Category A - China, 
Greece, Italy, Japan, Norway, Panama, Republic of 
Korea, Russian Federation, United Kingdom and United 
States; Category B - Argentina, Bangladesh, Brazil, 
Canada, France, Germany, India, Netherlands, Spain and 
Sweden; Category C - Algeria, Australia, Bahamas, 
Belgium, Chile, Cyprus, Denmark, Egypt, Indonesia, 
Kenya, Malaysia, Malta, Mexico, Philippines, Portugal, 
Saudi Arabia, Singapore, South Africa, Thailand and 
Turkey. Twenty-seven (27) IMO Member States not on the 
Council were invited under rule four (4) of the rules 
of procedure of the Council: Angola, Barbados, Belize, 
Benin, Colombia, Cote D'Ivoire, Cuba, Democratic 
Republic of the Congo, Dominican Republic, Ecuador, 
Ghana, Honduras, Iran, Jamaica, Liberia, Marshall 
Islands, Monaco, Morocco, New Zealand, Nigeria, Peru, 
Poland, Saint Vincent and the Grenadines, Senegal, 
Vanuatu, Venezuela and Yemen. Two (2) Associate 
Members, Hong Kong, China and Faroe Islands, and two 
(2) representatives from United Nations (UN) attended 
the Council, as did representatives from five (5) 
intergovernmental organizations (European Commission 
(EC), International Oil Pollution Compensation Funds 
(IOPC FUNDS), International Mobile Satellite 
Organization (IMSO), South Asia Co-operative 
Environment Programme (SACEP), Commonwealth 
Telecommunications Organization (CTO)) and eleven (11) 
non-governmental organizations. 
 
¶3. DEATH OF MR. IGOR PONOMAREV. Mr. Igor Ponomarev, the 
Russian Federation's Permanent Representative to the 
IMO and the IMO's Maritime Safety Committee (MSC) 
Chairman died on 31 October after suffering a heart 
attack at the age of 41. The SECGEN stated, "Igor was a 
great friend and a highly talented young man who had 
all the necessary background, depth of knowledge, 
courage and wisdom to take on the enormous 
responsibility of chairing the most senior technical 
committee of IMO." Furthermore, Igor was a close friend 
and a tremendous colleague to many of the US delegates 
to IMO meetings. Igor last visited US Coast Guard 
Headquarters in April 2006 to discuss issues related to 
the Maritime Safety Committee. A ceremony will be held 
in London at 1100 on 24 November; the details of the 
event will be released to the general public. 
 
Intervention Text (Katherine E. Johnson): "Since this 
is my first intervention, I would like to take this 
opportunity, on behalf of the U.S. delegation, to join 
with the Secretary-General, with our colleagues from 
the Russian Federation and with many, many other 
delegations to note with great sorrow the untimely 
 
 
passing of Mr. Igor Ponomarev, Permanent Representative 
of the Russian Federation to the IMO and chairman of 
the Maritime Safety Committee. We would like to express 
our sincere condolences to the Russian Federation, but 
most of all, to Igor's wife Aylona and son Alex. Igor 
was an extraordinary man and a skilled diplomat who 
made tremendous contributions to global maritime 
safety, security and environmental protection 
throughout his distinguished career with the Russian 
Federation and the IMO. He will be sincerely missed and 
will always remain in our thoughts." 
 
¶4. MEETING WITH SECGEN MITROPOULOS. The USDEL met with 
the SECGEN (at his request) to discuss filling the 
vacancy in the chairmanship of the MSC, due to the 
recent passing of Mr. Igor Ponomarev. The SECGEN 
provided the following proposal for USDEL 
consideration: Mr. Andreas Chrysostomou (Cyprus) be 
moved from the position of Chairman of the MEPC to 
become Chairman of the MSC. (The current Vice-Chairman 
of the MSC, Mr. Neil Frank R. Ferrer (Philippines), was 
not interested in assuming the position of MSC Chairman 
and, as the SECGEN noted, did not have the strong 
technical background needed to serve effectively as 
Chairman of the MSC). Also, the Vice-Chairman of MEPC, 
Mr. Ajoy Chatterjee (India) would then become the 
Chairman of MEPC. The delegation of Turkey agreed with 
the SECGEN's proposal to move Mr. Chrysostomou to the 
position of MSC Chairman under the condition that the 
election not take place during MSC 82 in Istanbul, 
Turkey from 29 November - 08 December due to potential 
political implications of relations between Cyprus and 
Turkey. After consultations with Washington, USDEL 
notified the SECGEN that the US would support his 
proposal. 
 
¶5. DISCUSSIONS WITH THE IMO SECRETARIAT TO INCREASE US 
COAST GUARD IN-KIND SUPPORT TO THE INTEGRATED TECHNICAL 
CO-OPERATION PROGRAM (ITCP). The USCG members of the 
USDEL met with the IMO's Head, Maritime Training and 
Human Element Section (Maritime Safety Division) - Mr. 
Mahapatra - and the IMO's Head, Latin American and 
Caribbean Section (Training Division) - Mr. San Miguel 
- to discuss increased USCG in-kind support to the 
ITCP. On behalf of IMO, Mr. Mahapatra invited the USCG 
to nominate one individual to participate in the 
Regional Training Course for the Voluntary IMO Member 
State Audit Scheme to be held in Roseau, Dominica, 11- 
15 June 2007. The fully completed and duly 
authenticated nomination forms should be received at 
IMO by 1730 hours on Friday, 13 April 2007. Then full 
cost of participation (travel to and from the country, 
hotel and all other expenses) must be borne by the 
nominating authority or the participants themselves. On 
behalf of IMO, Mr. San Miguel requested that a USCG 
officer attend the ITCP's Regional Workshop on Port 
State Control Inspection in St. Vincent and the 
Grenadines from 27-28 November 2006 to discuss the 
following topics: "PSC on US and Caribbean Ships" and 
"The USCG Perspective on the current and future 
considerations on the conduct of flag and port State 
surveys." The USDEL will work with USCG D7 to respond 
to the request for assistance through the IMO/USCG MoU 
on Maritime Training and Technical Assistance. 
Additionally, Mr. San Miguel proposed that some 
courses, such as the Caribbean Ship Inspector Training 
Course (CASIT) become available through distance 
learning. Due to the cost of conducting the course 
(25,000 USD), the increased demand by developing 
countries for the course, and the uncertainty of the 
long-term financial sustainability of the ITCP, his 
division has been trying to determine how to best 
maximize the available resources. The immediate 
objective of the CASIT course was to equip small ship 
surveyors to function in a Caribbean Maritime 
Administration. Persons so trained would be able to 
carry out Flag State Control (FSC) surveys on all 
vessels up to 24 m in length. They would also be able 
to carry out full Port State Control (PSC) inspection 
on vessels up to 500 GT and inspection of documents 
(first stage PSC) on all ships. Supporting this IMO 
course would be in alignment with the US paper 
submission to MSC 82 to consider the creation of a set 
of security recommendations for ships less than 500 GT 
which travel international routes. CASIT Background: 
Fourth Caribbean Ship Inspector Training Course (CASIT) 
 
 
Dates: 11 October to 3 December 2004 (this theoretical 
part is to be followed by an on-the-job training in 
February 2005) Location: Trinidad and Tobago Summary 
outputs: 11 participants completed the theoretical 
input of the course. Recipient countries: Anguilla, 
Antigua & Barbuda, Aruba, Bahamas, Barbados, Belize, 
British Virgin Islands, Cayman Islands, Dominica, 
Grenada, Guyana, Haiti, Jamaica, Montserrat, 
Netherlands Antilles, St. Kitts & Nevis, St. Lucia, St. 
Vincent & the Grenadines, Suriname, Trinidad and 
Tobago, Turks and Caicos Islands. 
 
¶6. STRATEGIC PLANNING. The Council heard the 
Secretariat's progress report and analysis of the data 
 
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collected so far under the current Strategic Plan, 
which runs for six years (2006-2011).  Two new 
performance indicators have been added since the prior 
session of Council, including the number of IMO members 
compared with UN members (currently 87 per cent) and 
the development of goal based standards for new-ship 
construction.  The plan now monitors 18 separate 
performance indicators to measure IMO's performance 
according to its Strategic Plan.  These indicators 
include the percentage of IMO Member States that have 
ratified each IMO convention and protocol; lives lost 
at sea; pirate attacks on ships; ship-generated air and 
water pollution; and technical assistance activities 
provided to Member States.  As the strategic plan is in 
its first year, it is too early to reach meaningful 
conclusions about IMO'S performance.  RISK MANAGEMENT - 
The Council received Australia's report as chairman of 
a Correspondence group that is developing terms of 
reference for a future Risk Management working group. 
The group found that future risk management efforts 
need to be closely coordinated with the IMO's strategic 
plan; the purpose of risk management is to minimize 
losses emanating from foreseeable risks; IMO will be 
expected to promote a risk management "culture" at all 
levels of the Organization; and all staff will be given 
responsibility to identify, assess, and treat risks to 
the Organization as part of their day to day duties. 
Future steps will include the development of "risk 
rosters" at the working-unit levels of the 
Organization, with guidance then to be provided on what 
level of risk is acceptable.  As the Council is 
responsible for setting strategic directions for IMO, 
it will be called on in the future for oversight of the 
risk management program. 
 
¶7. ORGANIZATIONAL CHANGE.   Council heard the 
Secretariat's progress report on the International 
 
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Public Sector Accounting Standards (IPSAS).  The 
planned go-live date is January 2010.  The issue of 
accounting reform was one part of the UN Secretary 
General's package of reform measures put to the General 
Assembly in 2006, and was part of the reduced package 
approved in July.  The Secretariat is currently 
carrying out an Impact Assessment study of IPSAS which 
is to be completed by the end of 2006. Refurbishment of 
the IMO Headquarters Building began on schedule in 
August 2006.  The Secretariat relocated to 55 Victoria 
Street in August, and renovation of the building by a 
U.K. contractor (Overbury's) began in mid-August.  The 
United Kingdom Government is paying for 80 per cent of 
the renovation cost.  IMO meetings are being carried 
out at alternate sites arranged by the Secretariat. 
IMO expects to be back in its renovated headquarters in 
August 2007.  The Council heard nothing to suggest that 
the project will not be completed on time. 
 
¶8. RESOURCE MANAGEMENT. Council considered personnel 
matters, which included revisions to staff rules 
relating to terminated employees, and updating the 
payment schedule for travel expenses and 2007 employee 
compensation, which is determined by the UN Common 
System.  Head of US Del met on the margin with the 
Secretariat's Head of Financial Services to present a 
 
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solution to outstanding tax reimbursement claims that 
the United States owes to IMO for US taxes paid by US 
employees.  This should resolve the issue which the 
External Auditor drew to Council's attention in the 
June session.  The United States paid its annual 
assessment of GBP 771,737 to IMO in August 2006, so is 
current in its obligations and is not in arrears. 
Council also reviewed the IMO's current financial 
framework, and per instructions, gave the following 
 
 
intervention prepared by Department of State (IO/MPR): 
Intervention Text (Laurence Tobey): "The current 
financial framework, as adopted in the 1990s, is 
working very well. The IMO consistently has on e of the 
highest collection rates of member assessments in the 
UN system, as evidenced most recently by its 99% 
collection rate in 2005. Concur with the Secretary- 
General's proposal to only review the IMO's financial 
framework in the future on the basis of an appropriate 
downturn in the collection rate of the organization. We 
have advocated this in the past. We don't support the 
proposal for having a set percentage of interest 
earnings from the Contributions Incentive Scheme 
automatically "donated" to the Technical Co-operation 
(TC) Fund. The earnings belong to Member States. Those 
that wish to donate all/part of their interest earnings 
in an IMO activity are free to do so, however, the 
action should be voluntary on the part of each Member." 
 
¶9. THE IMO'S VOLUNTARY MEMBER STATE AUDIT SCHEME. This 
issue continues to be of high interest to the SECGEN. 
The SECGEN and the Council continued to encourage 
Member States to nominate as many qualified auditors as 
possible and to continue to volunteer for audits. A 
number of delegations indicated their progress in 
meeting the requests. Denmark and Cyprus noted to the 
Council that successful audits had occurred during the 
past year.  In addition, both expressed their 
satisfaction in the professional manner by which the 
audit teams conducting their analysis. Following these 
positive reports, France intervened and stated their 
willingness to be audited in 2008. India intervened 
with words of strong support for the audit scheme and 
introduced the idea of creating a national evaluation 
committee, the idea being to bring personnel in from 
the outside to evaluate the IMO auditors.  Chile and 
Denmark communicated the need for more guidelines to 
the audits.  The SG agreed that at the completion of 
ten audits there should be some sort of after action 
meeting to help set up guidelines, however he 
questioned India's call for bringing in a team from the 
outside to assess the audits.  The SG believed this may 
put the confidentiality of the scheme in question. 
Intervention Text (Katherine E. Johnson): "With regards 
to the item at hand -- the Voluntary IMO Member State 
Audit Scheme -- the United States would like to commend 
the Secretary-General, the Secretariat and the Member 
States on the continued implementation of the Scheme, 
to include the conduct of the first audit in September. 
As noted previously, the United States has nominated 
five (5) auditors who will and are participating in the 
Scheme, and the U.S. plans to be audited in 2008. The 
U.S. delegation would like to second the call, outlined 
in Council document C97/7, for Member States to 
continue to nominate as many qualified auditors as 
possible, and to encourage Member States that have not 
yet volunteered to be the subject of an audit to do 
so." 
 
¶10. REPORT OF THE LEGAL COMMITTEE. The Council noted 
the information set out in document C 97/8 and its 
addendum, as well as that provided orally by the 
Chairman of the Legal Committee and the Secretary- 
General, on the report of the Legal Committee at its 
ninety-second session. In particular, the Council: (i) 
noted the conclusion, by the Committee, of its work on 
the preparation of a draft convention on the removal of 
wrecks, for consideration by a Diplomatic Conference to 
be convened at the Headquarters of the United Nations 
Office at Nairobi (UNON), from 14 to 18 May 2007; (ii) 
noted the adoption, by the Committee, of a reservation 
and Guidelines for implementation of the 2002 Protocol 
to the Athens Convention, developed pursuant to 
Assembly resolution A.988(24); (iii) noted the 
Committees decision to retain the subject of fair 
treatment of seafarers in the event of a maritime 
accident on the agenda for its next session; (iv) noted 
the Committee's decision, for the time being, to 
continue receiving reports on the TC sub-program 
related to maritime legislation on a semi-annual, 
rather than biennial basis; (v) noted the approval by 
the Committee of a progress report on outputs planned 
for the 2006-2007 biennium, and proposed outputs 
planned for the 2008-2009 biennium; and (vi) noted the 
approval by the Committee of revisions to the 
Guidelines on Work Methods and Organization of Work of 
 
 
the Legal Committee relating to the Strategic Plan, and 
of proposals relating to the establishment of 
intersessional groups. The Council agreed that it would 
be both appropriate and beneficial that the Legal 
Committee, taking into consideration its differing 
needs, harmonize its work methods with those of the MSC 
and MEPC, and endorsed the Secretary-General's proposal 
that the Chairmen of all five Committees, together with 
the Secretaries of these Committees, meet to discuss 
this further on the margins of the Council's ninety- 
eighth session in June 2007 and to report to the 
Council at its twenty-fourth extraordinary session in 
November 2007. The Council decided to transmit the 
report of the Committee's ninety-second session, with 
its comments and recommendations, to the twenty-fifth 
regular session of the Assembly, in accordance with 
Article 21(b) of the IMO Convention. 
Intervention Text (Katherine E. Johnson): "Mr. 
Chairman, the U.S. believes that as a general rule, the 
guidelines and methods of work for all Committees and 
Sub-Committees should be in alignment or in harmony - 
not necessarily the same, but in harmony. As such, we 
can associate ourselves with Denmark and others and 
support the Secretary-General's suggestion that all 
five Chairman meet on the margins of the IMO Council in 
June and report its results to the extraordinary 
session of Council in November." 
 
¶11. REPORT OF THE MARINE ENVIRONMENT COMMITTEE: The 
Council noted the information set out in document C 
97/9, and its corrigendum, as well as that provided 
orally by the Chairman of the Marine Environment 
Protection Committee and the Secretary-General, on the 
report of the Marine Environment Protection Committee 
at its fifty-fifth session. In particular, the Council: 
(i) noted the adoption, by the Committee, of amendments 
to MARPOL Annexes I and III and the Condition 
Assessment Scheme for oil tankers; (ii) noted the 
adoption, by the Committee, of five new sets of 
guidelines necessary for the implementation of the BWM 
Convention and the basic approval given by the 
Committee to two Ballast Water Management systems that 
make use of Active Substances; (iii) noted the progress 
made by the Committee in developing the draft 
international convention for the safe and 
environmentally sound recycling of ships, and 
associated guidelines; (iv) approved the Committee's 
request to allocate a five-day diplomatic conference on 
ship recycling in the 2008-2009 biennium, with a view 
to adopting the draft convention, for inclusion in the 
Secretary-General's relevant budget proposals; (v) 
 
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noted the approval, by the Committee, of a work plan on 
reduction of greenhouse gas emissions from ships; and 
the progress made on the review of MARPOL Annex VI and 
the NOx Technical Code; (vi) noted the response of the 
Organization, and of other bodies, to the Lebanon oil 
spill, within the framework of UNCLOS and the OPRC and 
Barcelona Conventions; (vii) noted the approval, by the 
Committee of an Action Plan to address the long- 
standing problem of inadequacy of port reception 
facilities; and the Committee's decision to recognize 
regional arrangements; (viii) noted the action taken by 
the Committee concerning reports of sub-committees and 
work of other bodies; (ix) noted the action taken by 
the Committee concerning long-term funding solutions 
for the GESAMP/EHS Working Group; (x) noted the 
Committee's approval, subject to concurrent decision by 
MSC 82, of the proposed plan of meeting weeks for the 
MSC and MEPC and their subsidiary bodies during the 
2008-2009 biennium, for inclusion in the Secretary- 
General's budget proposals; (xi) endorsed the action 
taken by the Committee in approving intersessional 
meetings for working/technical groups in 2007; and 
(xii) stressed, once again, the need for Governments to 
ratify, as soon as possible, the various environment- 
related conventions adopted by the Organization. The 
Council decided to transmit the report of the 
Committee's fifty-fifth session, with its comments and 
recommendations, to the twenty-fifth regular session of 
the Assembly, in accordance with Article 21(b) of the 
IMO Convention. 
 
¶12. REPORT OF THE FACILITATION COMMITTEE: The Council 
noted the information set out in document C 97/10, and 
that provided orally by the Chairman of the 
Facilitation Committee and the Secretary-General, on 
 
 
the report of the Facilitation Committee at its thirty- 
third session. In particular, the Council noted: (i) 
that draft amendments to the FAL Convention (regarding 
ships arrival, stay and departure; arrival and 
departure of persons; measures to facilitate clearance 
of cargo, passengers, crew and baggage; facilitation 
for ships engaged on cruises and for cruise ship 
passengers; and special measures of facilitation for 
passengers in transit), will be considered, with a view 
to approval, at FAL 34 and subsequent adoption at FAL 
35; (ii) that progress was made in the development of 
an explanatory manual to the FAL Convention, with due 
account being taken of the relevant provisions of Annex 
9 to the Convention on International Civil Aviation, 
the revised Kyoto Convention on Customs Procedures and 
UN/ECE recommendations; (iii) that progress was made 
relevant to the transmission, by electronic means, of 
security-related information, the revision of the IMO 
Compendium on facilitation and electronic business, 
including IMO EDI related issues; (iv) that, in the 
context of resolution A.971(24), the Committee approved 
amendments to its relevant Guidelines; and requested 
the Secretariat to prepare further amendments for 
consideration at FAL 34; (v) the view expressed by the 
Committee that States should provide the Organization 
with information regarding the actions taken relevant 
to incidents of piracy and armed robbery against ships 
reported to have occurred in their territorial waters, 
to enable the Committee to assess, from its 
perspective, the efficiency of such actions; (vi) that 
the Committee approved draft revised Guidelines for the 
suppression of the smuggling of drugs, psychotropic 
substances and precursor chemicals on ships engaged in 
international maritime traffic and an associated draft 
FAL resolution, with a view to adoption at FAL 34, 
subject to any amendments proposed by MSC 82; (vii) the 
Committee's decision to establish, subject to relevant 
decisions of MSC 82, a joint MSC/FAL Working Group on 
the Security and Facilitation of the Movement of Closed 
Cargo Transport Units and Freight Containers, with 
appropriate terms of reference; (viii) the outcome of 
the Committee's consideration of stowaway-related 
issues, in particular, its decision that the Guidelines 
on the allocation of responsibilities to seek the 
successful resolution of stowaway cases (resolution 
A.871(20)) adequately cover the issue and, therefore, 
that no further action was needed; (ix) the Committee's 
decisions on matters associated with the development of 
administrative procedures for disembarking persons 
rescued at sea; (x) the progress made by the Committee 
in pursuance of the request of the Assembly in 
resolution A.984(24) on Facilitation of the carriage of 
the IMDG Code class 7 radioactive materials including 
those used in medical or public health applications; 
and (xi) the Committee's decisions regarding the review 
process for the High-level Action Plan and priorities 
for the 2006-2007 biennium. The Council approved the 
list of substantive items for inclusion in the 
provisional agenda for the Committee's thirty-fourth 
session, and also approved the report of the 
Committee's thirty-third session in general; and 
decided to transmit it, with its comments and 
recommendations, to the twenty-fifth regular session of 
the Assembly. 
 
¶13. INTERPRETATION OF ARTICLE 17(c) OF THE IMO 
CONVENTION. 
The most controversial issue considered by the Council, 
and the one which provoked the most discussion, was the 
question of how to interpret Article 17(c) of the 
Convention.  Originally raised by Kenya after the 
November 2005 Assembly and Council, the issue is how 
Article 17(c) should be implemented so that there is a 
broad range of geographic representation.  When Nigeria 
and Ghana failed to win reelection to the Council 
during the 24th session of the Assembly in November 
2005, Kenya initially proposed that a formula based on 
geography should be considered.  The Secretariat paper 
for this Council session summarized the concerns of the 
states that wanted change, and reviewed the practices 
of other UN Agencies for ensuring geographical 
representation.  The Secretariat found that there was 
no consistent method used among comparable UN Agencies. 
The SECGEN presented the view that amending the IMO 
Convention (the Organization's fundamental document) 
should not be attempted and that the appropriate 
 
 
vehicle would be an Assembly resolution.  In the 
lengthy debate that followed, a consensus emerged to 
support this position.   The SECGEN then proposed that 
a way to improve geographic representation would be to 
delay the election to Category C to the Monday 
following the elections to Categories A and B to allow 
delegations to consult with their governments on the 
results, with the hope that more time to consider their 
positions would result in better geographic diversity. 
As instructed, the USDEL intervened to support the 
Secretary General's suggestions as follows: 
 
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Intervention 1 Text (Laurence Tobey): "First, we begin 
by thanking the Secretary General and the Secretariat 
for their research and presentation of this issue. 
Second, we thank the Bahamas delegation for their very 
helpful papers. The United States fully supports the 
principle of broad implementation of geographic 
representation. At the same time, we agree with the 
many delegations who do not want to see the amendment 
of the IMO Convention. We also agree with India and 
others who do not want to refer this question to the 
International Court of Justice. We support the 
Secretary General's proposed solution, both with 
 
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respect to using an Assembly resolution to address the 
issue, and also with respect to adjusting the time of 
elections to allow time for consultations." 
The Chairman ultimately found sufficient consensus 
among the Council to find the proposals adopted. 
However, when preparing the final summary report of the 
Council's decisions, further debate ensued, led by the 
Bahamas, who sought to broaden the record of discussion 
to cover all of Article 17 rather than just 17c.  The 
Secretariat produced a corrigendum that USDEL believed 
 
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accurately reflected the discussion, and intervened as 
follows. 
Intervention 2 Text (Laurence Tobey): "The United 
States supports the position advanced by Japan. We 
believe that the corrigendum accurately reflects the 
discussion and the Council's decision and instruction 
to the Secretary-General. We note at the same time it 
does expressly refer to the submission of the Bahamas, 
and also the comments made by the various delegations 
during the debate." 
The Chairman found sufficient support for this 
proposal, but with language added by Australia calling 
for "contestability" for elections to all categories of 
membership.  The issue will be considered again at the 
next session of Council. 
 
¶14. PROTECTION OF VITAL SHIPPING LANES. The Council 
noted the information set out in document C 97/12, in 
relation to the Meeting on the Straits of Malacca and 
Singapore: Enhancing Safety, Security and Environmental 
Protection, which was convened by IMO and the 
Government of Malaysia pursuant to the decisions of the 
twenty-third extraordinary session of the Council, and 
was held in Kuala Lumpur, Malaysia between 18 and 20 
September 2006 (the Kuala Lumpur Meeting). The Council, 
in particular, (i) expressed appreciation to Malaysia 
for hosting the Kuala Lumpur Meeting, and to Indonesia, 
Malaysia and Singapore for their co-operation and 
support; (ii) expressed appreciation to the States and 
intergovernmental and non- governmental organizations 
which sent representatives to the Kuala Lumpur Meeting 
and for their contributions to the proceedings and the 
successful conclusion of the Meeting; (iii) expressed 
appreciation to the Secretary-General and his staff for 
their efforts in organizing, convening and conducting 
the Kuala Lumpur Meeting; (iv) noted, with 
satisfaction, the successful conclusion of the Kuala 
Lumpur Meeting and, in particular, the adoption of the 
Kuala Lumpur Statement on Enhancement of Safety, 
Security and Environmental Protection in the Straits of 
Malacca and Singapore (the Kuala Lumpur Statement); and 
(v) noted the elements of the Kuala Lumpur Statement 
relating to the measures the littoral States have 
already established in an effort to enhance safety, 
security and environmental protection in the Straits of 
Malacca and Singapore and the further actions they 
contemplate to take in this respect; and the requests 
of the meeting addressed to IMO.  The Council 
authorized the Secretary-General: (i) to continue to 
co-operate with the littoral States and, in particular, 
to provide every assistance possible in attracting 
sponsors for the projects agreed by the Kuala Lumpur 
Meeting, especially contributors for the maintenance, 
 
 
repair and replacement of the aids to navigation in the 
Straits; and (ii) to convene, in consultation with the 
littoral States, and pursuant to the requests contained 
in the Kuala Lumpur Statement, a series of follow-on 
meetings for the littoral States to review the 
identification and prioritization of specific needs in 
relation to the enhancement of safety, security and 
environmental protection in the Straits; 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 promoting further co-operative 
measures including possible options for burden sharing. 
The Council also thanked the Government of the Republic 
of Singapore for offering to host the next IMO- 
sponsored meeting on the Straits which, as with the 
Jakarta and the Kuala Lumpur Meetings, should involve 
littoral and user States, industry and other 
stakeholders. Finally, the Council reaffirmed its 
mandate to the Secretary-General to continue his work 
relating to the protection of shipping lanes of 
strategic importance and significance; and to report to 
the Council as and when appropriate. 
 
Intervention Text (Katherine E. Johnson): "Mr. 
Chairman, on behalf of the United States, we would like 
to thank the Government of Malaysia and the IMO for 
convening, in September of this year, the Kuala Lumpur 
Meeting on Enhancing the Safety, Security and 
Environmental Protection in the Straits of Malacca and 
Singapore. The Kuala Lumpur Meeting was the second in 
what we hope will be a continuing series of 
multilateral meetings and efforts bringing the "users" 
of the Straits together with the littorals to work 
collaboratively to identify mechanisms to enhance the 
safety and security of this vital waterway. The 
collaborative, multilateral nature of this approach is 
to be lauded, and the U.S. looks forward to continuing 
to robustly participate in follow-on efforts. At the 
Kuala Lumpur Meeting, the U.S. expressed its interest 
in and ability to support three of the six projects put 
forward by the littorals - all of which are aimed at 
enhancing the safety of navigation and the protection 
of the marine environment in the region and we would 
encourage other states to offer their support for the 
projects. The U.S. also stands willing to assist in 
future projects and efforts aimed more specifically at 
enhancing maritime security in the Straits." 
 
¶15. EXTERNAL RELATIONS. UN, INTERGOVERNMENTAL 
ORGANIZATIONS, AND NONGOVERNMENTAL ORGANIZATIONS. The 
Secretary General briefed the Council on the second 
 
SIPDIS 
annual meeting of the UN Chief Executives Board (CEB), 
although no specific actions were required from IMO by 
this body.  The Secretary General reported on the CEB's 
discussion of migration and development, and reported 
that IMO has developed international standards to 
prevent and suppress unsafe practices associated with 
the trafficking or transport of migrants by sea.  IMO 
is also already giving "special attention" to the needs 
of small island developing states as called for by the 
CEB.  The Secretary General also briefed the Council on 
the UN Global Counter-Terrorism Strategy adopted by the 
UN General Assembly on 8 September 2006.  Turning to 
intergovernmental organizations, the Council approved a 
Draft agreement of Cooperation with the African Union 
and the International Tropical Timber Organization. 
The Council also approved applications for consultative 
status from the Cruise Line International Association, 
which has recently merged with the International 
Council of Cruise Lines; and the Federation of National 
Associations of Ship Brokers and Agents (FONASBA). 
 
¶16. MEMBERSHIP AND STATUS OF CONVENTIONS. Membership 
now stands at one hundred and sixty-seven (167) Member 
States and three (3) Associated Members.  This 
represents an increase of one because Montenegro joined 
the IMO as a Member State in October 2007 after 
separating from Serbia.  There was no discussion of the 
Cook Islands' application for membership beyond noting 
that it had received several more approvals, but still 
needs 38 more for approval.  There has been no change 
in the U.S. position, which is that the United States 
does not recognize the Cook Islands as an independent 
nation.  The United States last reviewed this position 
in June 2006 following the 96th Council, after the Cook 
 
 
Islands observer delegation provided a document that 
purported to show the Cook Islands' independence from 
New Zealand.  USDEL referred this document to the 
Department of State's Legal Advisor, which concluded 
that it changed nothing and had in fact been presented 
previously.  Therefore it offered no basis for changing 
the U.S. position. 
 
¶17. CONTRACT OF THE SECRETARY-GENERAL.  The Secretary 
General's contract expires in December 2007.  The 
Council was asked to consider whether he receive an 
extension.  The Chairman asked the Secretary General 
and all Secretariat staff to leave the room, which they 
did.  There was debate over whether observer 
delegations were required to leave also.  The Chairman 
eventually resolved this with the compromise that 
observer delegations that represented IMO Member States 
could remain and participate in the discussion without 
vote, while all others had to leave, which they did. 
Apart from this matter of participation, there was no 
controversy over the extension of the Secretary 
General's contract, which the Council approved 
unanimously.  USDEL gave the first intervention on the 
issue as follows.  Intervention Text: "The United 
States is pleased to strongly support the renewal of 
the Secretary General's contract for an additional four 
years." 
 
¶18. DATE AND PLACE OF NEXT COUNCIL SESSION. The ninety- 
eighth session of the Council will take place at the 
Royal Horticultural Halls and Conference Centre in 
London from 25-29 June 2007. 
 
TUTTLE