US embassy cable - 01HANOI566

UNCLAS SECTION 01 OF 02 HANOI 000566 
 
SIPDIS 
 
STATE FOR EAP/BCLTV, EAP/RSP 
 
E.O. 12958:  N/A 
TAGS: PREL, VM, ASEAN, ARF 
SUBJECT:  TREATY OF AMITY AND COOPERATION IN SOUTHEAST ASIA: VIETNAM PRESSES FOR ARF MEMBER ACCESSION 
 
1.   ON FEBRUARY 6 MFA ASEAN DEPARTMENT CALLED IN LOCAL 
REPRESENTATIVES OF ARF MEMBER-COUNTRIES FOR A BRIEFING ON 
THE CURRENT STATUS OF THE TREATY OF AMITY AND COOPERATION 
(TAC) IN SOUTHEAST ASIA.  ASEAN DEPARTMENT DEPUTY DIRECTOR 
PHAM HUU CHI PRESIDED; REPRESENTATIVES FROM CANADA, CHINA, 
DPRK, INDIA, JAPAN, MONGOLIA, NEW ZEALAND, ROK, RUSSIA, AND 
THE U.S. (POLOFF) ATTENDED. 
 
                       UNCLASSIFIED 
 
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2.   CHI STARTED BY NOTING THAT THE SECOND PROTOCOL TO THE 
TAC, SIGNED BY ASEAN FOREIGN LMINSTERS AT THE 31ST ASEAN 
MINISTERIAL MEETING IN JULY 1998, HAS NOW COME INTO EFFECT 
WITH ASEAN'S RECEIPT OF INSTRUMENTS OF RATIFICATION FROM 
PAPUA NEW GUINEA LATE LAST YEAR.  ASEAN VERY MUCH HOPES THAT 
DIALOGUE PARTNERS, ARF MEMBERS, AND OTHER INTERESTED PARTIES 
WILL ACCEDE TO THE SECOND PROTOCOL.  ALTHOUGH THAILAND IN 
ITS THEN-CAPACITY AS ASEAN CHAIR REITERATED THIS INVITATION 
IN MAY 2000, UP TO THIS POINT ASEAN HAS PRELIMINARY 
RESPONSES FROM ONLY THREE COUNTRIES: JAPAN, NEW ZEALAND, AND 
THE UNITED STATES.  CHI DECLINED TO DESCRIBE THESE 
RESPONSES. 
 
3.   CHI CONTINUED THAT ASEAN HAS RECEIVED INQUIRIES FROM A 
NUMBER OF OTHER STATES, AND SUMMARIZED ANSWERS TO QUESTIONS 
ON TWO MAIN ISSUES AS FOLLOWS.  (NOTE:  THESE DETAILS DIFFER 
VERY LITTLE FROM THOSE IN THE MAY 2000 THAI LETTER.) 
 
     -- RIGHTS AND OBLIGATIONS OF CONTRACTING PARTIES:  UPON 
ACCESSION, NON-SOUTHEAST ASIAN STATES WOULD BECOME "HIGH 
CONTRACTING PARTIES" TO THE TAC, WITH ESSENTIALLY THE SAME 
RIGHTS AND OBLIGATIONS AS SOUTHEAST ASEAN STATES.  THE 
EXCEPTIONS WOULD BE THAT NON-SOUTHEAST ASIAN STATES WOULD 
NOT HAVE THE RIGHT OF CONSENT TO NEW ACCESSIONS BY OTHER NON- 
SOUTHEAST ASIAN STATES, AND WOULD NOT PARTICIPATE IN THE 
HIGH COUNCIL UNLESS DIRECTLY INVOLVED IN A DISPUTE THE 
COUNCIL WAS ASKED TO CONSIDER.  NON-SOUTHEAST ASIAN STATES 
COULD, HOWEVER, ASK TO BE OBSERVERS OF HIGH COUNCIL 
PROCEEDINGS. 
 
     -- FUNCTIONS OF THE HIGH COUNCIL:  CHI SAID ASEAN IS 
                       UNCLASSIFIED 
 
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STILL FINALIZING THE RULES OF PROCEDURE FOR THE HIGH 
COUNCIL, BUT IS MAKING GOOD PROGRESS AND HAS AN AGREED 
DRAFT.  ASEAN HOPES THE RULES OF PROCEDURE CAN BE ADOPTED AT 
THE JULY AMM IN HANOI, AFTER WHICH TIME ASEAN CAN GIVE MORE 
DETAILED ANSWERS TO QUERIES ON THIS BODY. 
 
4.   CHI REITERATED ASEAN'S HOPE FOR PROGRESS ON TAC 
ACCESSION SOON, AND ASKED ATTENDEES TO RELAY THIS DESIRE TO 
THEIR CAPITALS AND SEEK FEEDBACK.  ASEAN HOPES FOR RESPONSES 
BEFORE THE MAY ARF SOM OR, FAILING THAT, THE JULY 
MINISTERIAL.  CHI ALSO ASKED FOR IMMEDIATE VIEWS OF 
ATTENDEES PRESENT.  SELECTED REPRESENTATIVES PROVIDED THE 
FOLLOWING REMARKS: 
 
     -- NEW ZEALAND IS STILL AWAITING ASEAN'S RESPONSE ON 
THREE ISSUES:  CLARIFICATION OF "NON-INTERFERENCE" IN 
ARTICLE 2C; CLARIFICATION OF "THREAT TO POLITICAL AND 
ECONOMIC STABILITY IN ARTICLE 10; AND CLARIFICATION ON 
CONTRACTING PARTIES' RIGHTS TO CHOOSE WHETHER OR NOT TO USE 
THE HIGH COUNCIL. 
 
     -- SWEDEN, AS THE CURRENT INCUMBENT OF THE EU 
PRESIDENCY, BELIEVES THE TAC IS VALUABLE AND ALL PARTIES 
HAVE AN OBLIGATION TO CONSIDER IT SERIOUSLY.  THE EU IS 
STILL STUDYING THE ISSUE OF ACCESSION, HOWEVER, AND WITH 15 
MEMBER COUNTRIES MAY REQUIRE SOME MORE TIME TO FORM A 
COHESIVE RESPONSE. 
 
     -- MONGOLIA IS INTERESTED IN ACCEDING TO THE PROTOCOL, 
AND SEEKS THE VIEWS OF OTHER POTENTIAL CONTRACTING PARTIES. 
MONGOLIA SOLICITED BILATERAL DIALOGUE ON THE ISSUE. 
                       UNCLASSIFIED 
 
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     -- JAPAN, ROK, AND CANADA MADE POLITE BUT NON-COMMITTAL 
RESPONSES, NOTING ONLY THAT ALL WERE STUDYING THE PROPOSAL. 
OTHER REPRESENTATIVES OFFERED NO COMMENT. 
 
5.   SWEDISH, NEW ZEALAND, AND ROK REPRESENTATIVES ALL 
APPROACHED POLOFF AFTER THE MEETING SEEKING FURTHER DETAILS 
ON THE U.S. POSITION.  ROK REPRESENTATIVE WAS PARTICULARLY 
INTERESTED IN LEARNING IF THE U.S. INTENDS NOT TO ACCEDE. 
SWEDISH AMBASSADOR FOLLOWED UP WITH A CALL THE NEXT DAY 
EMPHASIZING HER INTEREST IN U.S. VIEWS. 
 
6.   COMMENT:  VIETNAM IS STILL LOOKING FOR TANGIBLE 
ACCOMPLISHMENTS TO MARK ITS TENURE AS ASEAN AND ARF CHAIR, 
AND WOULD WELCOME MOVEMENT ON THE TAC.  ITS PONDEROUS AND 
HESITANT CONSULTATION STYLE, HOWEVER, IMPEDES ITS OWN 
OBJECTIVES; WHEN ASKED, CHI WAS UNWILLING TO CHARACTERIZE 
PRELIMINARY REPONSES FROM THE U.S., JAPAN, AND NEW ZEALAND 
IN EVEN GENERAL TERMS, SAYING THESE VIEWS WERE "SECRET." 
NEW ZEALAND'S VERY DETAILED RESPONSE, REPEATED TWICE, SEEMED 
TO BE INTENDED AS A COUNTERPOINT.  EMBASSY EXPECTS CONTINUED 
REQUESTS FROM LOCAL COUNTERPARTS FOR FEEDBACK ON OUR 
POSITION. 
 
HARTER 
 
                       UNCLASSIFIED