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IdentifierCreatedClassificationOrigin
00THEHAGUE1754 2000-06-14 05:42:00 UNCLASSIFIED Embassy The Hague
Cable title:  

POLICY CHANGE TO CIRCULAR 175 AUTHORITY

Tags:   MARR PREL SNAR KTIA NL 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
					  UNCLAS THE HAGUE 001754 

SIPDIS


E.O. 12958: N/A
TAGS: MARR PREL SNAR KTIA NL
SUBJECT: POLICY CHANGE TO CIRCULAR 175 AUTHORITY
AUTHORIZING LONGER-TERM STATUS OF FORCES AGREEMENT

REF: SECSTATE 71266




1. WE STRONGLY RECOMMEND AGAINST ANY PRE-RATIFICATION
NEGOTIATIONS AS OUTLINED IN REFTEL. OF THE CATEGORIES
OFFERED IN REFTEL, PARAGRAPH 8, WE CHOOSE CATEGORY D: NOT
FEASIBLE AT THIS TIME. AFTER THE CURRENT FOL AGREEMENT IS
RATIFIED, HOWEVER, WE WOULD RECOMMEND CATEGORY B: FEASIBLE
WITH SOME CHALLENGES. THESE CHALLENGES, WHILE FEW IN
NUMBER, WOULD NEVERTHELESS BE SIGNIFICANT OBSTACLES TO A
MORE EXTENSIVE AGREEMENT.




2. THE LANGUAGE PROPOSED IN REFTEL REGARDING AN EXPANDED,
LONGER-TERM STATUS OF FORCES AGREEMENT (SOFA) COVERING
PERSONNEL STATIONED IN ARUBA AND THE NETHERLANDS ANTILLES
RESEMBLES OUR OPENING PROPOSAL FOR THE SOFA-LIKE FORWARD
OPERATING LOCATION (FOL) AGREEMENT ESTABLISHING OUR PRESENCE
IN ARUBA AND CURACAO. WE BELIEVE THAT THE DUTCH RESPONSE TO
THE REFTEL PROPOSAL WILL MIRROR THAT GIVEN TO THE FOL
OPENING PROPOSAL. THIS RESPONSE FEATURED OBJECTIONS TO THE
LEVEL OF PRIVILEGES AND IMMUNITIES PROPOSED FOR PERSONNEL
AND THEIR DEPENDENTS AND THE EXTENT TO WHICH SUCH OPERATIONS
WOULD INVOLVE PART OF THE KINGDOM NOT UNDER DIRECT DUTCH
CONTROL. THERE WAS ALSO CONSIDERABLE UNEASE ABOUT THESE
LOCATIONS BEING USED TO INTERVENE MILITARILY IN THE AFFAIRS
OF ANOTHER COUNTRY. ALTHOUGH THE NETHERLANDS IS A MILITARY
ALLY, THE DUTCH ARE PARTICULARLY SENSITIVE ABOUT MILITARY
AGREEMENTS WITH THE U.S. IN THE CARIBBEAN AND LATIN AMERICA.
THIS SENSITIVITY IS EVEN GREATER AFTER A YEAR OF SOMETIMES
TENSE NEGOTIATION OVER THE FOL AGREEMENT.




3. AFTER EXTENSIVE NEGOTIATIONS SURROUNDING THESE ISSUES,
THE FOL AGREEMENT IS CURRENTLY AWAITING RATIFICATION BY THE
DUTCH LEGISLATURE. IT IS, HOWEVER, BEING PROVISIONALLY
APPLIED IN THE CARIBBEAN WITH THE OPTIMISTIC EXPECTATION
THAT IT WILL BE RATIFIED, BUT WE DO NOT EXPECT THIS TO OCCUR
IN THE NEAR FUTURE. IF THE PROPOSAL IN REFTEL WERE RAISED
WITH THE GON BEFORE RATIFICATION OF THE FOL AGREEMENT, THE
FOL AGREEMENT ITSELF MIGHT NOT BE RATIFIED BY THE GON DUE TO
THE RESURFACING OF THE OBJECTIONS ITEMIZED ABOVE. THIS
WOULD JEOPARDIZE THE ENTIRE OPERATION IN THE CARIBBEAN.




4. THE KINGDOM OF THE NETHERLANDS CONSISTS OF THREE
COUNTRIES: THE NETHERLANDS, THE NETHERLANDS ANTILLES, AND
ARUBA. ALTHOUGH THE NETHERLANDS ANTILLES AND ARUBA ARE SELF-
GOVERNING, THE NETHERLANDS RESERVES POWER OVER FOREIGN AND
DEFENSE POLICY. THEREFORE, ANY AUTHORIZATION AS PROPOSED IN
REFTEL WOULD REQUIRE THE AGREEMENT OF ALL THREE GOVERNMENTS.




5. THIS RESPONSE WAS COORDINATED WITH CONGEN CURACAO AS
REQUESTED IN REFTEL AND APPLIES TO THE GOVERNMENTS OF THE
DUTCH ANTILLES AND ARUBA.


SCHNEIDER