China is Negotiating Over Access to Bulker Suspected of Subsea Sabotage

A legal standoff appears to have developed around the Chinese bulker Yi Peng 3, which is suspected of involvement in the severing of two subsea cables in the Baltic on Nov. 17-18. Based on AIS data, local authorities know that the bulker was maneuvering in suspicious locations when the cables were severed, and photos of the ship's bow show that one of its anchors is badly twisted - a rare type of damage that would require unusual forces. Despite circumstantial evidence, and the national-security implications of suspected sabotage, it appears that the coastal states have not yet boarded Yi Peng 3 for an inspection and are negotiating with China for permission.

The problem, according to Scandinavian legal experts, appears to be one of location. Yi Peng 3 is anchored just barely outside of Denmark's territorial seas, though inside the Danish exclusive economic zone. Unless there is evidence of a specific kind of environmental crime - like unlicensed fishing - Denmark lacks the legal authority to conduct an opposed boarding outside of the 12-mile line.

"If the ship is in the Danish economic zone, then it could just as well be in the middle of the Atlantic Ocean in relation to the specific case," maritime law expert Kristina Siig told DR. 

Denmark could board if the vessel's flag state gave permission for a law enforcement investigation to proceed. However, the flag state in this case is China, and China has been negotiating the details of its cooperation with Denmark through "diplomatic contacts" for the past week, according to Swedish outlet SVT. "China has had smooth communication with all parties involved in the incident through diplomatic channels. Beyond that I have no further information to share regarding the Chinese vessel," Chinese foreign ministry spokeswoman Mao Ning said Monday. 

Denmark's defense ministry has declined to comment on the Yi Peng's status, beyond noting that there are multiple assets on scene to monitor the ship. While the discussion continues, the bulker remains at anchor in the Kattegat.

"If China says no, and we do it anyway, we risk having to explain it in the Maritime Court in Hamburg, because the ship is in principle seen as a small piece of China," Siig said. 

The cable breaks are being investigated as acts of potential sabotage, given recent tensions with Russia and a nearly-identical subsea cable incident involving a Chinese vessel last year. 

On Tuesday, Swedish Prime Minister Ulf Kristersson told media that he would like to see the Yi Peng 3 relocated to Swedish waters, where at least one of the cable breaks occurred. This would address jurisdictional issues, since Sweden - not Denmark - was directly affected by the cable breaks.  

"From the Swedish side, we have had contact with the ship and China and stated that we want the ship to move towards Swedish waters," he said.