[Congressional Record Volume 160, Number 69 (Thursday, May 8, 2014)]
[Extensions of Remarks]
[Pages E715-E716]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CONDEMNING CHINA FOR VIOLATING VIETNAM'S SOVEREIGNTY IN THE SOUTH CHINA 
                                  SEA

                                  _____
                                 

                      HON. ENI F. H. FALEOMAVAEGA

                           of american samoa

                    in the house of representatives

                         Thursday, May 8, 2014

  Mr. FALEOMAVAEGA. Mr. Speaker, as Ranking Member of the House Foreign 
Affairs' Subcommittee on Asia and the Pacific, which has broad 
jurisdiction for U.S. policy affecting the region, including Vietnam 
and China, I rise today to strongly condemn China for violating 
Vietnam's sovereignty in the South China Sea and to call upon the U.S. 
to issue a clear and decisive statement of response.
  On May 2, 2014, China anchored HD981 rig in Vietnamese waters and 
deployed dozens of naval vessels to support its provocative actions. On 
May 3 and May 5, China issued notices banning all vessels from entering 
the area and stating that HD981 rig will conduct exploratory drilling. 
HD981 is anchored totally within the Exclusive Economic Zone (EEZ) and 
continental shelf of Vietnam, about 120 nautical miles from Ly Son 
island of Vietnam.
  I thank U.S. Senator John McCain for his leadership in unequivocally 
stating that China's territorial claims to the waters have no basis in 
international law. Simply put, China's provocative actions are an 
escalation of its intent to threaten peace and maritime security in the 
East Sea.
  Since 2009, China has escalated its claims of the ``nine-dash line'', 
cut the ship cables of the ``Binh Minh II'' and ``Viking II (May and 
June 2011), established ``Sansha City'' (June 2012), implemented 
``measures to enforce `Fishery Law of the People's Republic of China' 
(entering into force since January 2014), enhanced oil explorations in 
disputed areas, attacked Vietnamese fishing vessels, launched patrol 
boats, and conducted military exercises in the South China Sea to flex 
its power and deter other claimants.
  All the while the U.S. response has been negligible, although the 
House Foreign Affairs Subcommittee on Asia and the Pacific has held 
hearings on the matter and several Members, including myself, have 
introduced Resolutions to promote a peaceful and collaborative 
resolution to any and all disputes in the South China Sea.
  I am especially disappointed by the State Department's weak response 
to China's recent aggression. U.S. Department of State spokeswoman Jen 
Psaki stated, ``Vietnam has declared a 200-nautical-mile exclusive 
economic zone based on its coast line in accordance with the law of the 
sea. Then we call on China because China has a different view on that. 
That's why we continue to call on both sides not to take provocative or 
unilateral actions given this is occurring in disputed waters near 
those islands and these events, of course, point to the need for 
claimants to clarify, their claims in accordance with international law 
and reach agreement of what types of activities should be permissible 
within disputed areas such as these waters.''
  I call upon the State Department to issue a more clear, definitive, 
and concise statement than this. Once more, as Senator McCain stated, 
China's claims have no basis in international law, and the U.S. State 
Department should not shirk from saying so. I join with Senator McCain 
in calling upon China's leaders to take immediate steps to de-escalate 
tensions, and I call upon the U.S. to lead the way. For historical 
purposes, I have submitted this statement with supporting documentation 
so that there is no dispute about the facts or about where I stand.

                          [As of May 5, 2014]

 Factsheet on Operations of China's HD-981 Oil Rig in Vietnam's Waters

       On May 2, 2014, Vietnamese authorities announce that at 
     5:22 am on May 1, 2014, the drilling rig HD-981 and 3 oil 
     service vessels of China were spotted as going south from the 
     northwest of Tri Ton island which belongs to Vietnam's Hoang 
     Sa Archipelago (Paracels). At 4:00 pm May 2, 2014, the 
     drilling rig RD-981 was set afloat at the location of 
     15 deg.29'58" North latitude and 111 deg.12'06" East 
     longitude of Tri Ton island with 27 protecting ships. This 
     location is about 130 nautical miles off Vietnam's coast and 
     119 nautical miles off Vietnam's Ly Son island. To date, the 
     number of Chinese vessels has gone up to more than 50. The 
     location of the rig lies well within the oil block No. 143 of 
     Vietnam, undeniably within Vietnam's exclusive economic zone 
     and continental shelf.
       2. In the last few days, Vietnam has continuously 
     communicated with China expressing its serious concerns. 
     Vietnam has reiterated and stressed that ``the location that 
     the Chinese drilling rig HD-981 and protecting vessels 
     operate is undeniably within Vietnam's exclusive economic 
     zone and continental shelf; the operations of this drilling 
     rig and protecting vessels have seriously violated Vietnam's 
     sovereignty, sovereign rights, and national jurisdiction as 
     stipulated by the 1982 United Nations Convention on the Law 
     of the Sea (1982 UNCLOS), the 2002 Declaration of the Conduct 
     of Parties in the South China Sea (DOC), other related 
     agreements between the two countries' leaders, and Vietnam-
     China basic principles on settlement of sea issues. Vietnam 
     asks China to immediately withdraw the drilling rig and 
     protecting vessels out of Vietnam's waters''.
       Viet Nam has sufficient historical evidence, legal basis, 
     and de facto administration over Hoang Sa to assert its 
     sovereign rights and national jurisdiction over its exclusive 
     economic zone and continental shelf in accordance with the 
     1982 United Nations Convention on the Law of the Sea. Vietnam 
     requests that China respect Vietnam's exercise of sovereignty 
     over Hoang Sa, sovereign rights and jurisdiction over its 
     exclusive economic zone; and concurrently proposes to China 
     to settle the disputes over Hoang Sa and other disputes 
     related to Vietnam's sovereignty, sovereign rights and 
     jurisdiction through negotiations and other peaceful means in 
     accordance with international law, including the United 
     Nations Charter and the United Nations Convention on the Law 
     of the Sea.
       Vietnam totally rejects and resolutely protests China's 
     arguments that the ``operation of drilling rig HD-981 is an 
     ordinary activity south of Zhongjian island (Tri Ton) of 
     Xisha (Hoang Sa) islands'', and has nothing to do with 
     Vietnam's continental shelf and exclusive economic zone; this 
     is ``an area of the

[[Page E716]]

     territorial sea and contiguous zone of the Xisha islands 
     (Vietnam's Hoang Sa) and that on-going operation is conducted 
     on a usual basis at a location administered by China without 
     any dispute''; and that China would not accept Vietnam's 
     request of negotiation over Hoang Sa.
       3. The fact that China disregards Vietnam's communication 
     requesting the withdrawal of the drilling rig and oil service 
     vessels out of Block No. 143 is obviously an act on purpose 
     and an intentional and serious violation of Vietnam's 
     sovereignty, sovereign rights, and jurisdiction over Hoang 
     Sa, exclusive economic zone and continental shelf; serious 
     violation of the accords reached between two countries' 
     leaders, the spirit and content of the DOC, related 
     principles the international law, including the 1982 UNCLOS. 
     The Chinese activities have tremendously affected the 
     political trust between the two countries, adversely impacted 
     the bilateral negotiations over sea issues, and damaged the 
     sentiments and feelings of the peoples of Vietnam and China.
       4. The Government of Vietnam respectfully asks all 
     Governments in the world to voice condemnation of those 
     wrongful acts by China; demand China to recall its drilling 
     rig HD-981 out of Vietnam's waters and respect the rights and 
     interests and coastal nations in accordance with the 1982 
     UNCLOS, fully and seriously observe the spirit of the 
     Declaration of the Conduct of Parties in the South China Sea 
     (DOC), ensure the security and safety in the East Sea (Bien 
     Dong); and call upon China to soon settle disputes with 
     Vietnam through peaceful negotiations, thereby contributing 
     to peace and stability in the region.

                          [As of May 7, 2014]

 Fact Sheet No. 2 on China's Latest Illegal Activities in Vietnam's EEZ

       1. China's provocative behavior:
       To date, the number of China's supporting ships moving 
     toward the drilling platform has increased to more than 80, 
     including 7 military ships, 33 marine patrol boats and 
     surveillance ships, and many other vessels.
       2. China's use of force:
       Videos and pictures show Chinese ships, backed by 
     helicopters, aggressively obstructing Vietnamese ships.
       The Chinese ships also sprayed water cannons, damaging 
     Vietnamese vessels and injuring their crew members.
       At around 8:10 a.m. on May 3, a Chinese ship struck the 
     right side of a Vietnamese Marine Police vessel at high 
     speed, smashing the windows of the Vietnamese vessel that was 
     attempting to take evasive maneuvers.
       A total of eight Vietnamese ships were rammed, hit, or 
     sprayed with high pressure hoses.
       At one point, five Chinese ships surrounded a single 
     Vietnamese vessel.
       3. China's impingement on freedom of navigation:
       The Maritime Safety Administration of China (MSAC) 
     announced on its website on Saturday that all vessels should 
     keep one mile (1.6 km) away from the rig, called the Haiyang 
     Shiyou 981.
       Despite Vietnam's objections, MSAC on Monday expanded the 
     prohibited area around the rig to a three-mile (4.8 km) 
     radius.
       On the ground, China uses force to drive away Vietnamese 
     ships.
       The location is right on vital international sea lanes. 
     Consequently, China's acts are threatening maritime security 
     and safety in the region.

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