P 270654Z OCT 08
FM AMEMBASSY CANBERRA
TO SECSTATE WASHDC PRIORITY 0406
INFO AMEMBASSY JAKARTA 
AMEMBASSY LONDON 
AMEMBASSY PORT MORESBY 
AMEMBASSY SINGAPORE 
AMCONSUL MELBOURNE 
AMCONSUL PERTH 
AMCONSUL SYDNEY 
SECDEF WASHINGTON DC
SECNAV WASHINGTON DC
CDR USPACOM HONOLULU HI
COMDT COGARD WASHINGTON DC
JOINT STAFF WASHINGTON DC

C O N F I D E N T I A L CANBERRA 001080 
 
 
NOFORN 
 
DEPARTMENT FOR EAP/ANP FRELICK AND FOR L/OES ROACH 
 
E.O. 12958: DECL: 10/27/2018 
TAGS: 
 PHSA, EWWT, PREL, AS 
SUBJECT: AUSTRALIA ON INDONESIAN STRAIT OF MALACCA PILOTAGE 
SCHEME 
 
REF: A. STATE 112590 
     ¶B. CANBERRA 1073 
 
 
Classified By: Economic Counselor Edgard Kagan for Reasons 1.4 (b/d). 
 
Summary 
------- 
 
¶1. (C/NF) Australia has not been approached recently by 
Indonesia about either Australia,s Torres Strait Mandatory 
Pilotage Regime or Indonesia,s reported proposal to 
introduce a  mandatory pilotage regime in the Strait of 
Malacca.  Australia strongly opposes the Indonesian proposal, 
which it believes inconsistent with international law and 
significantly different from the Torres Strait regime.  The 
Australians believe Singapore may be softening its position 
on the Torres Strait in order to secure Canberra,s support 
for a full court press against the Indonesians.  Australia 
would probably be prepared to give that support if Singapore 
backs off from threats to take international legal action 
against the Torres Strait regime.  A Singapore Embassy told 
us October 22 that Singapore "understands the basic outlines" 
of what the United States and Australia are working out to 
resolve the Torres Strait issue and "we have no objection 
provided the final outcome is consistent with international 
law." End Summary. 
 
¶2. (C/NF) During a meeting to discuss other issues (ref b), 
DFAT International Legal Department Assistant Secretary Adam 
McCarthy told Econcouns October 23 that Indonesian officials 
approached him for a briefing on the Torres Strait "about two 
years ago," but have not raised the matter since.  The 
Indonesians have not consulted with Australian about their 
reported efforts to develop a mandatory pilotage regime for 
the Strait of Malacca, according to McCarthy, who said that 
Australia strongly opposes such an effort.  He said that he 
had stressed to the Indonesians that Australia,s Torres 
Strait regime was based on securing consent of the littoral 
states (i.e. Papua New Guinea) and adoption by the 
International Maritime Organization (IMO).  Australia 
believes that the Indonesian proposal meets neither of these 
conditions, according to McCarthy.  He said that Australia 
will make this point directly to the Indonesians.  The 
Australians would be prepared to join in with others for a 
multilateral effort, but would be constrained as long as 
there is the possibility that Singapore will take 
international legal action against the Torres Strait 
mandatory pilotage regime. 
 
¶3. (C/NF)Noting that Singapore,s High Commissioner had met 
with DFAT Deputy Secretary Gillian Bird to discuss the Torres 
Strait issue on October 20, McCarthy said that Singapore 
appears to be stepping back slightly from the possibility of 
international legal action.  McCarthy said that the 
Singaporean was very interested in reports of ongoing 
discussions between the United States and Australia about the 
Torres Strait, while highlighting Singapore,s desire that 
the issue not disrupt relations with Canberra.  McCarthy,s 
assessment is that Singapore believes that the United States 
and Australia will find a way to resolve the issue and wants 
to maintain the flexibility to accept the outcome.  He 
believes Singapore would like to secure Australian support 
Qbelieves Singapore would like to secure Australian support 
for a broader effort to convince Indonesia to back away from 
its Strait of Malacca proposal.  Ever the defender of 
Australia,s Torres Strait regime, McCarthy said that 
Singapore has probably come to the conclusion that it has a 
much better chance of prevailing in an international legal 
challenge against the Indonesian Strait of Malacca regime 
than against Australia.  Acknowledging our view that the 
Torres Strait regime is incompatible with international law, 
McCarthy said that Australia disagrees while recognizing the 
dangers of a legal challenge.  However, he is very confident 
that the case against Indonesia is "rock solid." 
 
¶4. (C/NF) Singapore High Commission officer Rozana Abdul 
Majid called Econcouns October 22 to ask about U.S.-Australia 
discussions on the Torres Strait.  After having her questions 
rebuffed, she said that Singapore understands that the United 
States approach is based on U.S. definition of "port state 
control."  Abdul Majid said that Singapore "understands the 
basic outlines" of what the United States and Australia are 
working out to resolve the Torres Strait issue and "we have 
no objection provided the final outcome is consistent with 
international law." 
 
 
Clune