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FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC PRIORITY 0384
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY
RUEHOT/AMEMBASSY OTTAWA PRIORITY 0577
RUEHFR/AMEMBASSY PARIS PRIORITY 0678
RUEHWL/AMEMBASSY WELLINGTON PRIORITY 0136
RUCNDT/USMISSION USUN NEW YORK PRIORITY 2366

C O N F I D E N T I A L SECTION 01 OF 03 PHNOM PENH 000101 
 
SIPDIS 
 
STATE FOR EAP/MLS, P, D, IO, EEB 
PARIS FOR AMB. OLIVER 
 
E.O. 12958: DECL: 02/13/2019 
TAGS: PREL ENRG KJUS KTIA EPET PINR SCUL TH CB
SUBJECT: DPM SOK AN IS FIRM BUT PATIENT ON THAI BORDER 
DISPUTE, DOWNPLAYS KRT CORRUPTION 
 
Classified By: AMBASSADOR CAROL A. RODLEY FOR REASONS 1.4 (B,D) 
 
¶1.  (C) SUMMARY:  In an initial courtesy call on Deputy Prime 
Minister Sok An February 12, the Ambassador emphasized the 
U.S. commitment to a re-invigorated and growing relationship 
with Cambodia and support for the Khmer Rouge Tribunal.  Sok 
An outlined mixed developments in negotiations with the Royal 
Thai Government (RTG) over the disputed border in the 
vicinity of UNESCO World Heritage Preah Vihear temple.  The 
Ambassador questioned whether the Royal Government of 
Cambodia (RGC) should go forward with plans to reverse an 
earlier decision and now exclude Thailand from the Preah 
Vihear International Coordinating Committee (ICC) required by 
UNESCO inscription.  DPM Sok An indicated that the ongoing 
negotiation regarding renewal of the Chevron offshore oil 
concession was going well and that the two sides were seeking 
compromises on taxation of oil revenues and the development 
of an action plan to start oil well drilling so that 
Cambodia's "money does not sleep under the sea."  END 
SUMMARY. 
 
Excellent Relations; RGC Counts on "President of World" Obama 
--------------------------------------------- --------------- 
 
¶2.  (SBU) The Ambassador and DPM Sok An agreed that the 
U.S.-Cambodia bilateral relationship is better than ever 
before.  The Ambassador noted that the USG now has better and 
deeper relations with the RGC compared to her previous tour 
in Cambodia nine years earlier when relations were 
characterized by mistrust and suspicion.  The DPM 
acknowledged the current bilateral cooperation enjoyed by 
both countries and mentioned that he is looking forward to 
implementation of a USAID-supported economic growth program 
based on an agreement he signed with Deputy Secretary 
Negroponte in September 2008.  The Ambassador commented that 
restoring the U.S. economy is the top priority of the Obama 
administration and that the current financial picture is far 
different from the period just five months ago when the 
economic development agreement was signed.  She went on to 
say that American economic recovery will have implications 
for Cambodia given the interrelated nature of both economies. 
 The Ambassador noted that when Americans are unemployed and 
not buying shirts, orders for Cambodian garment manufacturers 
decrease and both countries feel the consequences of the 
economic crisis.  DPM Sok An replied that President Obama is 
viewed as not only the President of the U.S., but also "the 
President of the world" because the situation in the U.S. has 
a profound impact on other countries and this is evident in 
Cambodia. 
 
KRT: Some Success, But Need to Prevent Corruption 
--------------------------------------------- ---- 
 
¶3.  (C) The Ambassador commended DPM Sok An for the amazing 
progress that has been achieved on the Khmer Rouge Tribunal, 
officially called the Extraordinary Chambers in the Courts of 
Cambodia (ECCC).  She confirmed that she will attend the 
opening hearing at the KRT on February 17.  The DPM 
reiterated the "five successes" of the KRT thus far and noted 
achievements of the KRT compared to other international war 
crimes tribunals:  the speedy arrest of 100 percent of the 
accused; the inclusion of victims as civil parties in the 
trial; the relatively minimal cost; significant national and 
international participation; and the timely establishment of 
internal rules by the court's judges.  Noting that there are 
well-understood "problems in the ECCC" (NOTE: an allusion to 
salary kickback allegations against ECCC Director Sean Visoth 
and calls for his removal.  END NOTE), the DPM went on to say 
that the RGC could only make decisions with respect for the 
rule of law and due process. "Our friends want us to act (to 
dismiss Sean Visoth, who is currently on an indefinite sick 
leave), but we cannot do this without due process of law," he 
said.  The Ambassador acknowledged the court's achievements, 
but emphasized the importance of the national and 
international communities maintaining confidence in the 
integrity of the court and that the reputation of the 
administrative side will affect the reputation of the 
judicial side.  Noting that the matter was essentially a 
political question based on the lack of confidence in an 
individual, the Ambassador called on Sok An to continue to 
show leadership on the issues of corruption within the KRT. 
(NOTE:  In a room full of more than ten Sok An staffers, 
neither side mentioned Sean Visoth by name. END NOTE.)  The 
DPM replied that corruption exists in every country and that 
this complication within the scope of the larger KRT is a 
 
PHNOM PENH 00000101  002 OF 003 
 
 
relatively small point.  He added that few people have been 
part of the tribunal process since its beginning in the 
mid-1990s (as Sean Visoth has), implying that Sean Visoth had 
a significant role to play and not closing the door on his 
return. 
 
Tensions at Preah Vihear 
------------------------ 
 
¶4.  (C) The DPM emphasized Cambodia's good will, sincerity, 
flexibility, respect for the rule of law, and resolve 
regarding the tensions at Preah Vihear -- despite the Thai 
"incursion" onto Cambodia's territory last July -- and he 
repeated Cambodia's position that they will defend the 
territorial boundaries and cultural heritage of Cambodia. 
However, he added that the Cambodian position was to continue 
to have good bilateral relations with Thailand in all areas. 
The UNESCO inscription of Preah Vihear last July which had 
been agreed to by Thai authorities at that time in Quebec was 
an issue of culture and heritage, not a boundary issue.  DPM 
Sok An again expressed the gratitude of the Cambodian 
government to Ambassador Oliver and A/S Anderson in joining a 
multilateral group to broker the UNESCO inscription by a 
consensus of 21 nations on the UNESCO inscription committee. 
Sok An reviewed the UNESCO policy that inscription of the 
Preah Vihear temple did not require a "buffer zone" around 
the temple with well-defined borders.  However, he recalled 
the 1962 decision by the International Court of Justice that 
the Preah Vihear temple complex belonged to Cambodia.  He 
noted pointedly that the ICJ decision made no reference to 
"Khao Pra Viharn," the name for Preah Vihear used by the Thai 
and an ongoing source of disagreement which surfaced during 
February 3-4 bilateral border talks in Bangkok. 
 
¶5.  (SBU) The DPM stated that the Cambodia-Thai Joint 
Boundary Commission (JBC) will continue meetings the second 
week of April and will focus on negotiating the border marker 
posts installed by the French early in the last century.  To 
date, 48 markers have been located out of the 73 known to 
have been installed; the RTG and RGC have agreed in principle 
to accept the locations of 33 of the marker posts so far, he 
said. 
 
Thailand as Member of ICC 
------------------------- 
 
¶6.  (C) The DPM discussed Cambodia's plans to revise its 
position, after the Thai "incursion" into Cambodian territory 
last July 15, to exclude Thailand from membership on the ICC. 
The Ambassador asserted that an ICC without Thailand's 
participation seemed like an untenable proposition given that 
most of the currently available access to Preah Vihear is 
through Thailand. 
 
Offshore Oil Development and Renewal of Chevron's Concession 
--------------------------------------------- --------------- 
 
¶7.  (C) Although the Ambassador and DPM were not able to 
discuss the issue of offshore oil development in detail 
during this initial meeting, the Ambassador asked about the 
status of Chevron's bid to renew its concession on Bloc A. 
The DPM averred that he had a good discussion with Chevron 
Asia Pacific President James Blackwell recently and had 
promised to work with the Ministry of Economy and Finance on 
an expeditious compromise on oil revenue taxation.  (NOTE: 
Since Chevron signed its first concession agreement with 
Cambodia the government has been pushing for a law to 
increase taxes on oil revenue.  In the renewal of the 
concession, Chevron is seeking the same treatment as in the 
original agreement. END NOTE.)  Commenting on the need for 
its first big concession-holder to start pumping oil, Sok An 
said that Cambodia "does not want our money to sleep under 
the sea."  Complaining that they initially thought production 
would begin in 2009, but were then told 2010, and now that it 
would be 2011 before oil production begins, he noted the RGC 
requested a Plan of Action from Chevron.  He half-jokingly 
requested that the USG prod Chevron to start oil production 
soon. 
 
Biographical Note 
----------------- 
 
¶8. (SBU)  Sok An stated that his four sons are now grown up, 
have graduated from college and are successful.  His third 
son (a twin, Sokan) works for the DPM as an aide and attended 
 
PHNOM PENH 00000101  003 OF 003 
 
 
this meeting. His fourth son graduated first in his class 
from a university in Switzerland with a degree in Tourism and 
Hotel Management, and is now an assistant in the Department 
of Tourism and Industry.  The DPM mentioned that his daughter 
already had two children, and noted his son-in-law works in 
the Foreign Ministry in its inspectorate.  Sok An stated that 
now that his children are grown, he no longer has to "find 
them jobs" but instead can work for his government and 
country.  Another of Sok An's twin sons (Soken) is married to 
the daughter of Senior Minister Cham Prasidh, and serves as 
the latter's Chief of Cabinet. 
 
COMMENT: 
-------- 
 
¶9. (C)  Sok An was well briefed and prepared to engage on 
subjects of importance in this first meeting. The Cambodian 
chair of the JBC, Senior Minister Var Kim Hong, sat next to 
him and reminded Sok An of recent developments in the Preah 
Vihear border negotiations.  The DPM went on at length about 
moments in the negotiations over UNESCO inscription where the 
Thai either tried to ignore the rules of the game or agreed 
to a point, only to reverse themselves later.  Nonetheless, 
he exhibited patience and understanding for the fractious 
political situation in Thailand.  Sok An seemed to take on 
board the notion that the Thai must be a part of the ICC.  On 
the KRT, Sok An was just as inscrutable as he has always been 
these past few months on the fate of Sean Visoth.  In the 
meantime, Visoth appears to be well away from the court on an 
extended sick leave and the UN staff at the ECCC are 
satisfied with this arrangement. 
RODLEY