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Posted in Asia, Cablegate, Microsoft at 5:44 pm by Dr. Roy Schestowitz
Summary: How politicians view Microsoft’s signing of software deals with foreign governments
“Ministry of Posts and Telematics (MPT) may sign an agreement with Microsoft,” says the following Cablegate cable. “Microsoft is pushing to sign the agreement during a planned visit to Vietnam by its CEO, Steve Ballmer, before President Triet’s visit, but is uncertain if that would happen.”
Why are politicians so involved in this? Here is why: “this agreement would be an important symbol of Vietnam,s commitment to protect intellectual property rights and something they hope to include in a possible Joint Statement.”
Oh, that’s right. Also see:
Microsoft Strikes Back In Vietnam (Leaked)Bill Gates’ ‘Foundation’ is Lobbying Vietnam’s Leadership to Derail Migration to Software Freedom, Puts Money Together With MicrosoftHas Microsoft ‘Bought’ the Vote for OOXML in Vietnam?
The cable itself is very long and diverse.
VZCZCXRO6823
PP RUEHHM
DE RUEHHI #0898/01 1361126
ZNY CCCCC ZZH
P 161126Z MAY 07
FM AMEMBASSY HANOI
TO RUEHC/SECSTATE WASHDC PRIORITY 5373
INFO RUEHHM/AMCONSUL HO CHI MINH 3032
RHEHNSC/NATIONAL SECURITY COUNCIL WASHINGTON DC
RUEAIIA/CIA WASHINGTON DC
Hide header
C O N F I D E N T I A L SECTION 01 OF 05 HANOI 000898
SIPDIS
SIPDIS
STATE FOR EAP/MLS
E.O. 12958: DECL: 05/16/2017
TAGS: ECON [Economic Conditions], ETRD [Foreign Trade],
KIRF [International Religious Freedom],
OVIP [Visits and Travel of Prominent Individuals and Leaders],
PGOV [Internal Governmental Affairs], PHUM [Human Rights],
PREL [External Political Relations], VM [Vietnam]
SUBJECT: AMBASSADOR AND VFM BANG DISCUSS TRIET VISIT, HUMAN
RIGHTS, A/S HILL VISIT AND OTHER BILATERAL ISSUES
Classified By: Ambassador Michael W. Marine, Reasons 1.4 (b/d)
Minister (VFM) Le Van Bang and other MFA officials, the
Ambassador stressed that time is short for the two sides to
reach agreements on potential deliverables to ensure a
successful visit by President Nguyen Minh Triet. The two
sides discussed human rights at length, with the Ambassador
urging the GVN to take steps responsive to calls from the USG
and others. VFM Bang reported that Vietnam is considering
several measures to reduce tensions in this area, including
amnesty for Nguyen Vu Binh, a cessation of arrests and
unspecified "action" on the case of Le Quoc Quan.
¶2. (C) The Ambassador raised the items the USG would like as
deliverables, including a TIFA, commercial deals, increased
cooperation in law enforcement and rule of law/good
governance programs. Although making no specific
commitments, the MFA officials acknowledged the need to make
progress quickly, and as a first step, offered to prepare the
initial draft of a Joint Statement. The Ambassador also
raised other bilateral issues such as the new embassy
compound, adoptions and a bilateral work agreement. End
Summary.
¶3. (C) At a May 15 dinner meeting, the Ambassador met with
Ministry of Foreign Affairs (MFA) Vice Minister Le Van Bang
and Americas Department Director General Pham Van Que to
discuss ways to advance preparations for President Nguyen
Minh Triet's June visit to Washington. Stressing that only
five weeks remain before the visit, the Ambassador pressed
VFM Bang for a list of Vietnam's priorities. In response to
Bang's discussion of a Joint Statement, the Ambassador said
that a statement will require positive and concrete contents.
It will be important to address human rights concerns and to
have a list of specific deliverables to ensure that our
Presidents' meeting will be a success, he added.
¶4. (C) VFM Bang began by reflecting on the progress in our
bilateral relations over the past three years of the
Ambassador's tenure, concluding by stating that our relations
are at a "high mark" politically and diplomatically, our
economic ties are expanding rapidly and the relationship has
even grown to include cooperation on military and security
issues. He said that the Government of Vietnam (GVN) shares
the desire to ensure a highly successful visit by President
Triet (even more successful than the 2005 visit of then-PM
Phan Van Khai, he hoped), and is "working hard" to conclude
agreements on a list of deliverables - commercial and
otherwise. Vietnam expects this visit will continue to
expand, deepen and broaden our relationship in the interest
of both countries.
Triet Visit Logistics
¶5. (C) Vietnam is considering sending an advance team to
Washington by the end of May to prepare for President Triet's
visit. The advance team would likely be headed by VFM Bang's
probable successor, AFM Pham Binh Minh. The MFA officials
said the Embassy in Washington would be reaching out to the
Department in the next day or two to discuss the possibility
of an advance team.
¶6. (C) While travel plans are not final, President Triet and
his delegation intend to leave Hanoi for New York City on
June 18 or 19. They will remain in New York for one or two
days, arriving in Washington on June 21. Following Triet's
June 22 meetings at the White House and elsewhere in
Washington, he will depart late that evening or early June 23
for a day of meetings in Los Angeles (the timing depends upon
the scheduling of a requested meeting with the mayor). Triet
and the delegation will return to Hanoi from Los Angeles.
Despite earlier considerations, Triet will not visit Canada
on this trip. The MFA officials do not yet have a final list
of the delegation members, but offered to provide the USG
with that list and a final schedule as soon as it is
available.
Joint Statement and Vietnam's Protocol Request
¶7. (C) The MFA officials expressed hope that President Triet
and President Bush's meeting would yield a "forward-looking"
Joint Statement that builds upon the November Joint Statement
and outlines the landscape for closer cooperation in coming
years. Noting that this would be the White House's call, the
Ambassador emphasized that any Joint Statement must be
HANOI 00000898 002 OF 005
"robust" and underscored the importance of concluding
agreements on deliverables now for inclusion in that possible
Statement. DG Que offered to provide a first draft this week
as a jumping off point, and VFM Bang proposed that the two
sides sit down "in the next week" to go through each
potential deliverable in detail. Bang added that, in
addition to a positive Joint Statement, the GVN hopes that
the White House will agree to allow President Triet to stay
at Blair House.
U.S. Deliverables
¶8. (SBU) Both sides agreed that the signing of a Trade and
Investment Framework Agreement (TIFA) during the visit would
be an important step forward in the relationship. VFM Bang
and the Ambassador each expressed confidence that the TIFA
would be ready by the visit, as the two sides are close to an
agreement. The TIFA could be used as a platform to help
Vietnam pursue possible participation in the Generalized
System of Preferences (GSP) program, which DG Que
acknowledged would be a long process and not something that
could be announced during the June visit.
¶9. (SBU) Noting that we are in a position to seal a number of
high-profile, high-value commercial deals, the Ambassador
pressed the MFA officials for progress on agreements with
Boeing, AES (power plant), Alcoa, SSA Marine (ports) and
Gannon (power plants), among others. If Secretary Gutierrez
is to preside over a signing ceremony in Washington, as he
has indicated an interest in doing, we will need to know what
contracts will be included. Que assured the Ambassador that,
at the direct order of the Prime Minister, the GVN is
"working hard" to make a final determination on these deals.
VFM Bang reported that the Prime Minister personally
mentioned to him that Boeing had improved its loan offer to
now be in line with the Airbus offer, which he described as
an encouraging sign. The officials could make no additional
commitments beyond the assurance that the GVN continues to
work these issues.
¶10. (SBU) Recent discussions between the Embassy and the MFA
have yielded some progress on amending an existing Letter of
Agreement (LOA) to include intellectual property protection
technical assistance to Vietnam's Customs Department, the
Ambassador said. The U.S. side would be coming back with
amended language shortly, and signing the LOA would be ideal
to mention in a possible Joint Statement, he said.
¶11. (SBU) Agreement to expand cooperative law enforcement
efforts would contribute to the success of the President's
visit, the Ambassador continued. Although cooperation
between law enforcement agencies has improved, more work can
be done in information sharing. Anti-money laundering (AML)
is one example where we can work together. Upon request, the
United States is willing to provide comments on Vietnam's
existing AML law and work with Vietnam to make it more
effective. The USG also strongly supports Vietnam's interest
in joining the Asia Pacific Group's Financial Action Task
Force for Asia and encourages Vietnam to formalize its
membership as soon as possible, the Ambassador said.
¶12. (SBU) Some progress has also occurred on discussions to
begin a Peace Corps program in Vietnam, the Ambassador noted.
It is clear that Vietnam has considered the Peace Corps'
requests, and we have conveyed the GVN's latest ideas to
Washington, the Ambassador explained. We are now awaiting
the response. The Ambassador will meet with Minister of
Finance Ninh this week, and will raise the question of
immunities, privileges and taxes for Peace Corps volunteers.
Vietnam's Deliverables
¶13. (SBU) For its part, Vietnam is requesting assistance from
the United States to set up a world-class university, VFM
Bang said. DG Que claimed that the Ministry of Education and
Training (MOET) submitted a concept paper to Washington
during DPM/FM Khiem's March visit. GVN officials will be
meeting with Harvard University during their trip to the
United States. Pursuing contacts with the private sector,
including universities like Harvard, is the right approach,
explained the Ambassador. He agreed to note Vietnam's
interest in including language on this issue in a possible
Joint Statement and requested from Que a copy of MOET's
concept paper to share with relevant USG agencies.
¶14. (SBU) DG Que also raised the possibility that the
HANOI 00000898 003 OF 005
Ministry of Posts and Telematics (MPT) may sign an agreement
with Microsoft in Washington to purchase licensed versions of
Microsoft Office. He noted that Microsoft is pushing to sign
the agreement during a planned visit to Vietnam by its CEO,
Steve Ballmer, before President Triet's visit, but is
uncertain if that would happen. In either case, this
agreement would be an important symbol of Vietnam,s
commitment to protect intellectual property rights and
something they hope to include in a possible Joint Statement.
¶15. (SBU) Vietnam's Ministry of Science and Technology (MOST)
has also made progress in its work with the U.S. Department
of Energy on the use of nuclear technology for peaceful
purposes. Que underscored that MOST and DOE are happy with
their cooperation, and this could also be an item for
inclusion in the Joint Statement.
¶16. (SBU) Vietnam would also like to build upon the dioxin
language in the November joint statement by offering
something new in June, VFM Bang said. Language on new
cooperation on de-mining and the clearance of unexploded
ordinance would also be welcome, DG Que added.
Human Rights
¶17. (SBU) Introducing the main topic for discussion during
the two-hour meeting, Ambassador Marine told VFM Bang that
the economic progress and potential commercial deals
notwithstanding, human rights issues are now attracting more
attention in the United States than at any other point in his
tenure in Vietnam. The GVN should find a constructive way to
address USG concerns over its recent crackdown, which will
certainly be a significant topic of discussion during the
Triet visit. He pointed to the recent release of Phan Van
Ban as evidence that the two sides can cooperate together.
¶18. (SBU) VFM Bang recognized that the two sides view the
issue from different perspectives, explaining that the recent
arrests arose from concerns over Vietnam's security. He
raised the war legacy and the fear that former South Vietnam
soldiers and others are working to organize groups or parties
not only to change the way the GVN operates, but also to
overthrow the government entirely. This would "threaten the
stability and security of Vietnam." Vietnam looks to
separatist movements and terrorist elements in other
Southeast Asian nations and draws the strong lesson that its
first priority must be safety and stability, and that any
changes in its system of governance will have to come slowly
and systematically to avoid political instability.
¶19. (SBU) While the United States may view human rights as an
important issue, Vietnam accords the matter less weight,
viewing it as "only one of many" issues between our
countries, Bang said. He also requested that the United
States consider religious freedom and human rights as two
separate issues. Vietnam would like to prevent human rights
critics in the United States from using recent arrests to
place Vietnam back on the List of Countries of Particular
Concern (CPC), which would be unwarranted in its eyes given
continuing progress on religious freedom issues. The
Ambassador agreed that Vietnam has made progress on the issue
of religious freedom, and stated that he is unaware of any
official consideration of putting Vietnam back on the CPC
list.
¶20. (SBU) The Ambassador said he understands ) but does not
agree with - Vietnam's views of its security concerns, but
emphasized that the USG has seen no evidence that any of the
recently arrested dissidents have advocated violence. We do
not support those who promote the use of violence, he
explained, and in fact want to work with Vietnam to counter
those actions. Rather, the United States views recent cases
such as the convictions of lawyers Nguyen Van Dai and Le Thi
Cong Nhan and others as freedom of speech issues, a
fundamental value for the United States. Not only do we
disagree with the recent arrests of individuals who were
peacefully expressing their political views, but believe that
the sentences are harsh in proportion to the so-called
"crime" of which they are accused, the Ambassador said.
Given that the Party is firmly in power and under no threat,
the USG views recent actions, and the reliance on Article 88
(under which recent dissidents have been convicted), as
attempts to stamp out freedom of speech and forestall any
attempts to peacefully advocate for political change.
¶21. The Ambassador noted that the two sides need to come to
HANOI 00000898 004 OF 005
RIGHTS, A/S HILL VISIT AND OTHER BILATERAL ISSUES
some agreement about interactions with family members of
jailed dissidents. He expressed his surprise at a recent
statement by MFA official Duong Chi Dzung (at the Human
Rights Dialogue) that, "the Ambassador is able to meet
whomever he likes." This statement came one day after the
Ambassador's second attempt to host the wives and mothers of
several jailed dissidents (who themselves have not been
accused of any crime) for tea. He asked that the MFA
officials share the view with others in the GVN that recent
GVN steps against dissidents and actions to prevent the
Ambassador and other Mission staff from meeting with family
members and others only strengthen the groups overseas who
are rallying support in opposition to the GVN and the
bilateral relationship.
¶22. (SBU) In the context of increased concerns over human
rights, VFM Bang promised that Vietnam would "give
ammunition" to counter criticism in the United States ) from
Capitol Hill and elsewhere ) in the run-up to President
Triet's visit. For one thing, Bang said that the pace of
arrests would likely slow down from now on (to which the
Ambassador countered that many will believe that this is
because there is no one left to arrest). In addition to the
recent release of Phan Van Ban, Vietnam is considering an
amnesty "in the next several weeks" for Nguyen Vu Binh as a
gesture by Vietnam tofulfill DPM/FM Khiem's promise to
Secretary Ricelast November. When pressed by the
SIPDIS
Ambassador, V Bang expressed confidence that this would
happe before President Triet's visit and that the DPM/FM
plans to write to the Secretary on this matter.
¶23. (SBU) Vietnam is also considering how to deal with
(former NED fellow) Le Quoc Quan; the GVN understands well
the sensitivities surrounding this particular case and
acknowledged receiving a letter from Senator McCain urging
Quan's release. Director General Que interjected that the
GVN did not take action against Quan because of his
connections to NED; rather, they are concerned about his
alleged connections to the Viet Tan "terrorist group." VM
Bang could not commit to anything during the dinner, but
informed the Ambassador that they are considering how to deal
with the case in a way that will help the atmosphere between
our two countries. The Ambassador said that given concerns
by U.S. political leaders over Mr. Quan's case, positive
actions by the GVN would attract considerable attention.
¶24. (SBU) For its part, the GVN is asking that the United
States "tone down the rhetoric" surrounding human rights,
explaining that this request has come from "the highest
levels," VFM Bang said. The Ambassador noted that recent
arrests hurt Vietnam's image as it takes on a greater role
internationally. That being said, he stressed his
determination to seek a way to work together to prevent this
issue from overshadowing the visit, noting that amnesty for
Mr. Binh and positive action on Mr. Quan's case could improve
the atmosphere and inject additional momentum in preparations
for the President's visit. He also suggested that another
way to demonstrate human rights progress would be through
cooperative efforts in the area of strengthening rule of law,
civil society and good governance, as Senator Leahy recently
proposed to President Triet. Should the sides reach an
agreement on this issue, it could be highlighted during the
President's June visit.
Other Bilateral Issues
¶25. (U) The Ambassador lamented that the two sides have still
not reached an agreement on land for a New Embassy Compound
in Hanoi. He continues to hope that the two sides can reach
agreement before he leaves Vietnam. Progress on an agreement
to open new consulates/American Presence Posts could also be
included, in general terms, in a possible joint statement if
Vietnam and the United States can reach some agreement on
this, including an equitable arrangement on consular
districts. U.S. parents adopted more than 100 children in
Vietnam last month, the Ambassador noted, but as this program
expands, so too are the signs of fraud. The Ambassador urged
Vietnam to set a schedule of fees to avoid baby-buying and
other problems, and added that he intends to raise this with
Finance Minister Ninh this week. Noting that our
relationship is now mature enough, Ambassador Marine
encouraged the MFA officials to respond to the draft
Bilateral Work Agreement that the USG presented several
months ago. This agreement would clearly benefit both sides,
he said.
A/S Hill's Visit
HANOI 00000898 005 OF 005
¶26. (SBU) VFM Bang reported that the MFA has been making
active preparations and is prepared to receive Assistant
Secretary Hill during his May 23-24 visit to Hanoi. VFM Bang
SIPDIS
himself will unfortunately be in Seoul during the Assistant
Secretary's visit; at the same time, VFM Le Cong Phung has to
SIPDIS
travel to Europe and VFM Nguyen Phu Binh will be in Tokyo.
VFM Vu Dzung is therefore planning to host and meet with A/S
Hill. Bang agreed that the Office of Government (OOG)
Chairman Doan Manh Giao would also be a good interlocutor to
discuss broad, cross-cutting issues.
MARINE
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