HONDURAS LIKELY TO CONCLUDE ART. 98 AGREEMENT,

C O N F I D E N T I A L TEGUCIGALPA 002472

SIPDIS

STATE FOR WHA/CEN, L, T, P, D, IO, S/WCI, S/P

STATE FOR PM/B, CWG/PM, PM/AT

OSD PLEASE PASS OGC/ALLEN

E.O. 12958: DECL: 08/29/12
TAGS: PREL KTIA PGOV HO KICC UNGA
SUBJECT: HONDURAS LIKELY TO CONCLUDE ART. 98 AGREEMENT,
COLOMBIA ASKS RIO GROUP TO DISCUSS ISSUE AT UNGA

Reftel: State 157638

Classified by PolChief Francisco Palmieri, Reasons 1.5
(b) and (d)


1. (U) This cable contains an action request. Please see
paragraph 4.


2. (C) During his August 28 meeting with Honduran Foreign
Minister Guillermo Perez-Cadalso, WHA A/S Otto Reich
reviewed the importance of an ICC Article 98 bilateral
agreement to the U.S. and reviewed the draft model text
for a bilateral agreement. The FM told A/S Reich that
Honduras would work closely with the U.S. to address U.S.
concerns. Reich also underscored the importance of the
Article 98 agreement to President Ricardo Maduro in a
separate meeting the same date. Maduro understood the
logic of the U.S. position and indicated his preliminary
support. In addition, A/S Reich covered the issue in his
August 28 meeting with Minister of Defense Fred Breve and
in a conversation with National Security Advisor Ramon
Medina Luna. MFA officials assured Emboffs that Honduras
would be likely to conclude such an agreement with the
U.S. (Note: Ambassador presented reftel demarche to the
FM last week. End Note.)


3. (C) Separately, the FM alerted A/S Reich that Colombia
has proposed that the Rio Group meet to discuss and study
Article 98 agreements. The FM said that the Colombians
might want a consensus Rio Group position on proposed
U.S. bilateral agreements under Article 98 of the Rome
Treaty. Other MFA officials opined privately that the
Colombians were most likely seeking regional political
cover before proceeding with a bilateral agreement with
the U.S. The Hondurans said that there was an effort to
organize a meeting of Rio Group FMs on this issue at the
UNGA.


4. (U) ACTION REQUEST FOR PM/AT: The MFA queried us as to
why we did not think that the existing 1954 U.S.-Honduran
bilateral agreement already provided sufficient
protections from ICC extradition requests for U.S. troops
based in or visiting Honduras. Post will explore this
issue with Joint Task Force-Bravo lawyers, but requests
State's PM/AT provide input on the appropriate U.S.
response.


5. (C) COMMENT: MFA officials went to great lengths to
assure Emboffs that GOH would conclude an Article 98
agreement with U.S. They understand fully the importance
of this issue to the U.S. We will push the GOH to be
among the first Latin American countries to sign an
agreement but upcoming UNGA travel schedules of key MFA
officials may impede a quick GOH review of the proposed
text and delay final GOH approval. End Comment.

ALMAGUER