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Cablegate: Indonesia Prepares to Host Un Corruption Conference - Asset

VZCZCXRO7830
RR RUEHCHI RUEHDT RUEHHM
DE RUEHJA #2715/01 2690630
ZNR UUUUU ZZH
R 260630Z SEP 07
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC 6443
INFO RUEAWJB/DEPT OF JUSTICE WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS
RUEHLMC/MILLENNIUM CHALLENGE CORP WASHINGTON DC
RUCPDOC/DEPT OF COMMERCE WASHDC
RUEHKO/AMEMBASSY TOKYO 0856
RUEHBJ/AMEMBASSY BEIJING 4341
RUEHBY/AMEMBASSY CANBERRA 1252
RUEHUL/AMEMBASSY SEOUL 4220
RUEAIIA/CIA WASHDC

UNCLAS SECTION 01 OF 02 JAKARTA 002715

SIPDIS

STATE FOR U/S JEFFERY
STATE FOR EAP/MTS, EEB/IFD/OIA, INL BOULDIN
L/LEI FOR BUCHHOLZ
DOJ FOR CRIM AAG SWARTZ
DOJ/OIA FOR WARNER/ROBINSON
DOJ/OPDAT FOR ALEXANDRE/LEHMANN/JOHNSON
DOJ/AFMLS FOR SAMUEL
MCC FOR AMBASSADOR DANILOVICH AND MORFORD
DEPT PASS USTR FOR AMBASSADOR SCHWAB
TREASURY FOR IA - BAUKOL
USAID FOR ANE/AA WARD


SENSITIVE
SIPDIS

AIDAC

E.O. 12958: N/A
TAGS: PGOV KMCA KCOR ECON KJUS ID
SUBJECT: INDONESIA PREPARES TO HOST UN CORRUPTION CONFERENCE - ASSET
RECOVERY TOP PRIORITY

JAKARTA 00002715 001.2 OF 002

1. (SBU) SUMMARY: Asset recovery will be the GOI's top priority as
host of the second Conference of State Parties (COSP) for the UN
Convention Against Corruption (UNCAC), to be held in Bali on January
28-February 1 2008. A ministerial-level inter-agency national team
led by the Ministry of Foreign Affairs is coordinating efforts for
the UNCAC conference. The UN-World Stolen Asset Recovery (StAR)
initiative was well received in Indonesia, although implementation
questions remain. USG and the GOI are addressing concerns regarding
Mutual Legal Assistance request mechanisms and witness cooperation.
End Summary.

UNCAC: Asset Recovery Listed as Top Priority
--------------------------------------------

2. (U) In a September 24 meeting with the Ministry of Foreign
Affairs (Deplu) Directorate for Treaties, Deputy Director Cahyo
Muzhar said that the GOI's top priority for the January 2008 COSP is
asset recovery, Chapter Five of UNCAC. Muzhar noted other GOI COSP
priorities as: supplementing existing mechanisms of mutual legal
assistance treaties on asset recovery and establishing international
standards and drafting an Indonesian law on the bribing of foreign
officials as other GOI UNCAC priorities. DOJ/OPDAT's Resident Legal
Advisor (RLA) offered informal assistance, highlighting USG work
regarding the Foreign Corrupt Practices Act. Muzhar stated that a
more complete agenda will be established after the final UNCAC
working group concludes in early October.

Ministerial Team Leads GOI Preparations
---------------------------------------

3. (U) An inter-agency ministerial-level team is overseeing GOI
preparations for the second COSP. Participation includes: Deplu,
Attorney General's Office, Indonesian National Police, Ministry of
Law and Human Rights, KPK (Corruption Eradication Commission), and
PPATK (financial intelligence unit). The day-to-day working level
contact is Deplu Director General Eddy Pramoto.

4. (U) The Ministry of Law and Human Rights is currently drafting a
series of anti-corruption amendments to implement UNCAC obligations
within its domestic legislation. With other key political issues on
the legislative agenda, Parliament will not likely address this
legislation before the January 2008 conference.

UN-World Bank StAR Rising
----------------------

5. (SBU) Moving on to related topics, Muzhar said that the UN-World
Bank Stolen Asset Recovery (StAR) program was well received in
Indonesia. Muzhar was enthusiastic about StAR's balanced nature,
placing responsibility on both the developed and developing
countries. However, he cautioned that StAR could be a paper tiger
if not implemented properly. Some press reports and members of
Parliament have questioned the accuracy of UN and World Bank data
related to the StAR initiative. There is a hope by many in Indonesia
that the StAR program could provide a mechanism to recover the
ill-gotten gains of President Suharto. Arif Havas Oegroseno,
Director of Political, Security and Territorial Treaties at Deplu,
participated in StAr's launch on September 17. In a September 25
joint statement, President Yudhoyono and World Bank President
Zoellick highlighted StAR's unique, innovative approach to
strengthen GOI capacity on asset recovery. Zoellick and Yudhoyono
announced that a UN-World Bank joint mission will visit Indonesia to
develop technical assistance programs related to the StAR
initiative.


JAKARTA 00002715 002.2 OF 002


MLAT Discussion Positive, But Problems Exist
--------------------------------------------

6. (SBU) Muzhar also discussed his perspective on the Mutual Legal
Assistance Treaty (MLAT) negotiations that he participated in the
week of September 17 in Washington. The negotiations were positive,
however the U.S. side noted two significant problems. First,
Indonesia's central authority for receiving MLAT requests, located
in the Ministry of Law and Human Rights, needed the agreement of the
Attorney General's Office and others to comply with incoming MLAT
requests, potentially restricting Indonesia's ability to respond.
Second, prospective witnesses may refuse to be summoned to provide
testimony under Indonesia's new mutual legal assistance law. Muzhar
understood U.S. concerns, but noted that MLAT requests are not being
rejected in practice due to the inter-agency approval process.
Further, the police were effective at gaining witness cooperation in
these MLAT matters.

Comment: Right Direction, Slow Speed of Reforms
--------------------------------------------- --

7. (SBU) Indonesia's hosting of the second COSP highlights the
importance that Indonesia places on anti-corruption reform. The GOI
has ratified the UNCAC, conducted a UNCAC gap analysis between UNCAC
obligations and domestic legislation, and has drafted further
legislation related to UNCAC obligations. However, the complex
network of actors involved in anti-corruption reform in Indonesia -
particularly the role of Parliament - will continue to make reform
slow and, at times, non-linear. We will continue to discuss with the
Indonesians their views on implementing UNCAC obligations. End
comment.

HEFFERN

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