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COPYRIGHT AGREEMENT AND TO BE RELEVANT TO THE ASAS.
5. THE INDONESIANS STARTED OFF WANTING BOTH 'AS DEFINED IN ITS LAWS'
AND REFERENCE TO UNLOSC. IF THERE HAD TO BE SIDE LETTERS THESE SHOULD BE CONFIDENTIAL. WE EXPLAINED THE PRACTICAL IMPOSSIBILITY OF THE LATTER, PARTICULARLY ON THE FIRST POINT, GIVEN THE INTEREST IN E TIMOR. (WE ALSO EXPLAINED CAREFULLY THAT OUR INABILITY TO ACCEPT 'AS DEFINED IN ITS LAWS' WAS INDEPENDENT OF THE E TIMOR ISSUE.) WE HAVE PROPOSED IN WRITING THE COMBINATION FRG/US LANGUAGE (PARA OF MINUTE UR). SINCE THEY HAD TOLD US INFORMALLY THIS IS NOT ACCEPTABLE,
WE
ALSO INDICATED A WILLINGNESS TO LOOK SERIOUSLY AT THE US SOLUTION (PARA OF MINUTE), WITH SIDELETTERS. WIJAKSANA HAS DISCUSSED THIS WITH WIRYONO, THE POLITICAL DIRECTOR. THEY WANT MORE, AND HAVE SUGGESTED
INFORMALLY WORDING SUCH AS:
''INDONESIA' MEANS THE TERRITORY OVER WHICH THE REPUBLIC OF INDONESIA EXERCISES SOVEREIGNTY'.
WE HAVE RESPONDED THAT WE SEE ABSOLUTELY NO NEED TO GO BEYOND THE WORDING FOUND ACCEPTABLE IN THE US/INDONESIA DTA, AND IN ANY CASE
IMAGINE THAT YOU WOULD INSIST ON ADDING 'IN ACCORDANCE WITH INTERNATIONAL LAW' TO THE ABOVE. THEY WERE NOT HAPPY WITH THIS. WE AGREED TO SEEK FORMAL INSTRUCTIONS, AND URGED WIJAKSANA TO PUT THE MATTER BEFORE HIS MINISTER ON THE BASIS THAT THERE WERE TWO ALTERNATIVE SETS OF LANGUAGE FROM OTHER INDONESIAN AGREEMENTS (FRG/US AND US) WE COULD ALMOST CERTAINLY LIVE WITH. WIJAKSANA RESPONDED BY SAYING THE INDONESIANS TOOK SUCH AGREEMENTS CASE BY CASE, AND (UNWISELY) REFERRING TO A RANKING OF COUNTRIES IN THEIR VIEW.
6.
IN
WE HAVE ALREADY SPOKEN INFORMALLY TO WIRYONO AND ALATAS. ORDER TO PURSUE THIS MATTER FURTHER GRATEFUL FOR THE FOLLOWING: NECESSARY), GRATEFUL FOR THE FOLLOWING:
(A)
FORMAL INSTRUCTIONS ON THE ABOVE TEXT
(B) CONFIRMATION THAT WE TAKE COGNISANCE F INTERNATIONAL LAW (EXPLICITLY OR IMLICITLY) IN DEFINING UK TERRITORY: IF NOT, ARGUMENTS WHY THE INDONESIANS SHOULD, WHEN WE DO NOT.
SEEN FROM HERE, OUR POLICY SHOULD BE NOT TO BE PUSHED BEYOND THE LANGUAGE INDONESIA AGREED WITH THE US, AND TO REINFORCE OUR ARGUMENTS FOR THIS AS BEST WE CAN. WE ARE PRESSING THE INDONESIANS FOR A FURTHER RESPONSE BEFORE THE 20/21 JUNE BALI ASA TALKS. GRATEFUL FOR A
RESPONSE BEFORE THEN.
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