RESTRICTED
143172
MDLIAN 9933
PRESENT US WITH ANY PROBLEMS: THE SECOND HALF WAS THE WORDING HE HAD
SUGGESTED IN OUR US/FRG TEXT.
COMMENT
9. ALL THE SIGNS ARE THAT THE INDONESIANS DO WANT TO SETTLE AND ARE NOW PREPARED TO COMPROMISE. MY INCLINATION IS TO CONTINUE STEERING THEM TOWARDS THE SOLUTION IN PARA 8 ABOVE. THIS WOULD AVOID UNLOSC COMPLICATIONS, AND THE FIRST HALF HAS AN EASY READ ACROSS TO OUR PROPOSED ASA WORDING. WE WILL CONFIRM TO THE INDONESIANS ON 1 OR 2 AUGUST THAT WE CAN ACCEPT THE TEXT, WITHOUT THE EXTRA 'IN ACCORDANCE WITH INTERNATIONAL LAW'.
10. HOWEVER, WE CANNOT NOW REASONABLY REFUSE THE US SOLUTION IF THE INDONESIANS WANT THIS, IF WIRYONO IS ABLE TO DELIVER. ON INSTRUCTIONS WE OFFERED THIS SOLUTION FOR THE COPYRIGHT AGREEMENT IN SEPTEMBER 1989 (FAX FROM STEINITZ, DTI OF 30 AUGUST 1989), AND WE IMPLIED WE COULD ACCEPT IT FOR THE DTA ALSO IN JUNE THIS YEAR (PARA 5 OF OUR TELNO 380: PARA 1 OF YOUR TELNO 255). GRATEFUL FOR CONFIRMATION THAT WE COULD IF NECESSARY ACCEPT THE FOLLOWING WORDING ADAPTED FROM THE
US/INDONESIA DTA:
DEFINITION
1
THE TERM INDONESIA' COMPRISES THE TERRITORY OF THE REPUBLIC OF INDONESIA AND THE ADJACENT SEAS OVER WHICH THE REPUBLLIC OF INDONESIA HAS SOVEREIGNTY, SOVEREIGN RIGHTS OR JURISDICTIONS IN ACCORDANCE WITH THE PROVISIONS OF THE 1982 UNITED NATIONS
CONVENTION ON THE LAW OF THE SEA.
EXCHANGE OF LETTERS
THE UNITED KINGDOM RECOGNIZES THE ARCHIPELAGIC STATE PRINCIPLES AS APPLIED BY INDONESIA, ON THE UNDERSTANDING THAT THEY ARE APPLIED IN ACCORDANCE WITH THE PROVISIONS OF PART IV OF THE 1982 UNITED NATIONS CONVENTION ON THE LAW OF THE SEA AND THAT INDONESIA RESPECTS INTERNATIONAL RIGHTS AND OBLIGATIONS PERTAINING TO THE TRANSIT OF THE INDONESIAN ARCHIPELAGIC WATERS IN ACCORDANCE WITH INTERNATIONAL LAW AS REFLECTED IN THAT PART. THE CONFIRMATION OF THIS UNDERSTANDING BY THE GOVERNMENT OF THE REPUBLIC OF INDONESIA WILL CONSTITUTE THE AGREED INTERPRETATION OF ARTICLE 3(1)(A) OF THE CONVENTION.
11. FOR THE RECORD (PARA 1 (III) AND (VI) OF YOUR TELNO 301), WE HAVE
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