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Viewing cable 06JAKARTA13564, CWC: STATUS OF INDONESIAN IMPLEMENTING LEGISLATION

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Reference ID Created Released Classification Origin
06JAKARTA13564 2006-12-21 11:20 2011-08-24 01:00 UNCLASSIFIED Embassy Jakarta
VZCZCXRO1265
PP RUEHCHI RUEHDT RUEHHM
DE RUEHJA #3564 3551120
ZNR UUUUU ZZH
P 211120Z DEC 06
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC PRIORITY 2565
INFO RUEHTC/AMEMBASSY THE HAGUE PRIORITY 3287
RUEHGV/USMISSION GENEVA PRIORITY 7477
RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS
RUEHBY/AMEMBASSY CANBERRA 0260
RUEHWL/AMEMBASSY WELLINGTON 1239
RUEKJCS/SECDEF WASHDC
RHHJJPI/USPACOM HONOLULU HI
UNCLAS JAKARTA 013564 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PARM PREL CWC OPCW CBW ID
SUBJECT: CWC:  STATUS OF INDONESIAN IMPLEMENTING LEGISLATION 
 
REF: STATE 193643 
 
1. POLOFF met with Daniel Simanjuntak of the Directorate of 
International Security and Disarmament at the Indonesian 
Department of Foreign Affairs on December 13 to present 
reftel points and discuss the status of Indonesia's 
implementation of the Chemical Weapons Convention (CWC). 
Simanjuntak said the draft legislation had been completed and 
submitted to the House of Representatives (DPR), the lower 
chamber of Indonesia's national legislature, at the end of 
November.  The legislation was informally titled "The Use of 
Chemical Agents and the Prohibition of the Use of Chemical 
Weapons."  The legislation was consistent with Article VII of 
the Convention, gave the Government of Indonesia (GOI) the 
authority to regulate trade in chemicals, and stipulated 
penalties.  In conjunction with Indonesia's Criminal Code, 
the legislation gave the GOI universal jurisdiction over 
individuals and legal entities. 
 
2. The GOI could not speak for the DPR, Simanjuntak 
cautioned, and therefore could not guarantee passage of the 
draft legislation.  However, the legislation had been 
submitted early enough in the agreed implementation window to 
allow a full debate. 
 
NATIONAL AUTHORITY ALREADY EXISTS 
 
3. Simanjuntak explained that Indonesia already had a 
National Authority which could enforce the CWC in the form of 
a 1997 decree from the Minister of Foreign Affairs issued 
after Indonesia's accession to the CWC.  Similar decrees 
existed for enforcement of Indonesia's commitments on 
biological and nuclear weapons as well.  Indonesia planned to 
replace these three separate decrees in 2007 with a single 
presidential decree which would grant the Minister of Foreign 
Affairs this authority in all three areas.  Actual 
enforcement domestically would continue to reside with the 
Minister for Industry and the Minister of Justice. 
 
COMPLIANCE POLICY AND ASSISTANCE REQUEST 
 
4. The GOI believed that Indonesia was already in compliance 
with Article VII of the Convention and therefore did not need 
assistance, Simanjuntak stressed.  Indonesia felt it had a 
good record of cooperation with the United Nations.  On the 
other hand, Indonesia's policy was to refrain from singling 
out other countries for criticism: compliance should be 
voluntary and without penalty. 
 
5. At the same time, while Indonesia seriously wanted to 
implement the Convention, effective national enforcement was 
difficult because it relied heavily on cooperation by both 
government agencies and industry Simanjuntak said.  Indonesia 
would welcome any assistance which U.S. agencies and/or 
companies could provide in sharing experience and best 
practices on implementation strategies.  Indonesia's new 
legislation would not succeed without the support of 
industry, and government agencies and legislators needed to 
understand that the CWC was not a threat to national 
sovereignty.  Simanjuntak's colleague, Carolina Tinangon, who 
was also present at the meeting, said she had raised this 
issue with senior officials from the Export Administration at 
the Department of Commerce on the margins of a recent meeting. 
HEFFERN