VZCZCXRO0352
RR RUEHCN RUEHGH RUEHVC
DE RUEHBJ #0460 0542257
ZNR UUUUU ZZH
R 232257Z FEB 09
FM AMEMBASSY BEIJING
TO RUEHC/SECSTATE WASHDC 2454
INFO RUEHOO/CHINA POSTS COLLECTIVE

UNCLAS BEIJING 000460 
 
DEPARTMENT FOR EAP/EX LARRY BAER, OBO/PE JOE TOUSSIANT, OBO/SPCD 
RAYMOND PEPPER, L/BA, OFM AND EAP/CM 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ABLD AMGT CH
 
SUBJECT: CHARGE DELIVERS REVISED COCA II AGREEMENT TO CHINESE MFA 
 
REF:  A. STATE 15030 
  ¶B. BEIJING 406 
 
 
THIS CABLE IS SENSITIVE BUT UNCLASSIFIED. PLEASE HANDLE 
ACCORDINGLY. 
 
¶1. (SBU) SUMMARY:  In a February 20 meeting with MFA Department of 
Administration Director General Li Chao, the Charge delivered the 
revised COCA II agreement, walked the MFA through the talking points 
and left a non-paper detailing changes to the draft agreement 
received in ref A.  The Charge told Li that the Department was 
considering the Chinese suggestion to separately hold technical 
discussions in regard to the sale of the Embassy's "Er Ban" 
facility.  Li promised to study the revised agreement, while 
expressing China's preference for the agreement to cover residential 
properties and retain references to the Vienna Convention on 
Consular Relations (VCCR).  End Summary. 
 
China Sees Revised Draft as Step in Right Direction... 
--------------------------------------------- -------- 
¶2. (SBU) In delivering the revised COCA II agreement to DG Li, the 
Charge stressed the importance of the agreement to the United 
States.  The Charge noted that his meeting with Li to discuss COCA 
II for the second time in two weeks, on the day when Secretary 
Clinton is arriving in Beijing, demonstrated how seriously we take 
the issue.  Li responded that senior Chinese officials, including 
State Councilor Dai Bingguo, Foreign Minister Yang Jiechi, Vice 
Foreign Minister He Yafei and Assistant Foreign Minister Liu Jieyi, 
all attach great importance to the issue.  Li said the revised U.S. 
draft was "another step towards resolving the issue."  He promised 
to the study the draft and respond as soon as possible. 
 
...But Wants Residential Properties and VCCR Included 
--------------------------------------------- ------ 
¶3. (SBU) Responding preliminarily to points by the Charge, Li said 
the COCA II agreement should cover residential properties, arguing 
that they are an "integral part" of a diplomatic mission.  He 
expressed hope that both sides would make "concerted efforts" to 
include residential properties in the agreement.  Li disagreed with 
the deletion of references to the VCCR in the U.S. draft, arguing 
that the VCCR is the "foundation" of the COCA II agreement and an 
"enhancement" of the U.S.-China Consular Treaty.  He said the COCA 
II agreement should include references to the VCCR, as there is "no 
fundamental difference between the VCCR and bilateral Consular 
Treaty." 
 
Renovation of PRC Chancery, Sale of "Er Ban" Facility 
--------------------------------------------- -------- 
¶4. (SBU) Regarding the issue of renovating the PRC chancery in 
Washington DC, Li said he understood the problem of local laws and 
jurisdiction.  However, he stressed that China overcame differences 
with its local laws to include visual control in the COCA II 
agreement, suggesting the United States could do the same.  Li 
expressed hope that the agreement, once signed, will be expanded to 
all districts and states.  He also reiterated China's interest in 
discussing the sale of the "Er Ban" facility separately and "when 
the time is right." 
 
PICCUTA