US embassy cable - 02HANOI1382

UNCLAS HANOI 001382 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR EAP/BCLTV, EAP/RSP 
 
E.O. 12958:  N/A 
TAGS: PREL, PGOV, MARR, PINR, VM, ASEAN, CVR 
SUBJECT:  CODE OF CONDUCT FOR SOUTH CHINA SEA: 
-          ADOPTION BY JULY "50-50" 
 
                       UNCLASSIFIED 
 
PAGE 02        HANOI  01382  301028Z 
1.  (SBU)  AT A WORKING LUNCH ON MAY 30, MFA ASEAN 
DEPARTMENT DEPUTY DIRECTOR GENERAL PHAM HUU CHI TOLD POL/C 
AND POLOFFS THAT HE RATED AGREEMENT AMONG ASEAN MEMBERS ON 
THE FINAL LANGUAGE OF THE CODE OF CONDUCT IN TIME FOR THE 
ASEAN MINISTERIAL MEETING IN JULY AS NO BETTER THAN "50-50." 
(SEPTEL WILL REPORT ON MFA VIEWS OF THE RECENT SENIOR 
OFFICIALS MEETING IN BRUNEI.) 
 
2.  (SBU)  ACCORDING TO CHI, MALAYSIA CONTINUES TO INSIST 
THAT THE CODE REFER ONLY TO THE SPRATLY ISLANDS -- NOT THE 
SOUTH CHINA SEA OR "DISPUTED AREAS" -- BECAUSE IT DOES NOT 
WANT THE CODE TO COVER THE SEVERAL ISLANDS MALAYSIA CLAIMS 
IN THE SOUTHWEST PART OF THE SOUTH CHINA SEA.  (THESE 
ISLANDS ARE CONSIDERED OUTSIDE THE SPRATLY ARCHIPELAGO.) 
DESPITE RECENT PHILIPPINE EFFORTS TO COME UP WITH A NEW 
FORMULA, MALAYSIA IS STILL NOT SATISFIED, CHI NOTED.  HE 
NOTED THAT BEIJING HAD INDICATED THAT IT WOULD GO ALONG WITH 
WHATEVER ASEAN CONSENSUS EMERGED ON THE EXACT WORDING. 
 
3.  (SBU)  ASEAN WILL TRY TO RESOLVE THIS ISSUE AT A SENIOR 
OFFICIALS MEETING IN JUNE IN VIENTIANE, WITH HOPES OF 
AGREEMENT IN TIME FOR APPROVAL OF THE CODE AT THE AMM.  CHI 
SAID HE EXPECTS MFA VICE MINISTER NGUYEN DINH BIN WILL 
REPRESENT THE GVN.  INITIALLY, THE PLAN WAS FOR ONLY THE 
FOUR ASEAN CLAIMANTS (BRUNEI, MALAYSIA, THE PHILIPPINES, AND 
VIETNAM) TO ATTEND, BUT OTHER ASEAN MEMBERS ASKED TO 
PARTICIPATE AS WELL. 
 
4.  (SBU)  COMMENT:  WHILE NO ONE HERE IS HOLDING HIS BREATH 
ON THE IMMINENT RESOLUTION OF THIS LONG-STANDING ISSUE, 
ASEAN APPEARS TO BE NUDGING CLOSER TO A WORKABLE CONSENSUS. 
                       UNCLASSIFIED 
 
PAGE 03        HANOI  01382  301028Z 
WHILE THE CODE WOULD NOT BE LEGALLY BINDING, AS OFFICIALS 
HERE STRESS, IT WOULD MARK AN IMPORTANT STEP FORWARD IN 
REGIONAL SOLIDARITY AND FURTHER DIMINISHMENT OF TERRITORIAL 
TENSIONS IN THE SOUTH CHINA SEAS. 
PORTER 
 
                       UNCLASSIFIED