TURKS OUTLINE RULES AND PRINCIPLES FOR USE OF

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 007800

SIPDIS


EUCOM FOR J3, J4 AND J5


E.O. 12958: DECL: 12/19/2013
TAGS: PREL MARR MOPS TU IZ
SUBJECT: TURKS OUTLINE RULES AND PRINCIPLES FOR USE OF
INCIRLIK FOR TROOP ROTATION IN AND OUT OF IRAQ


REF: ANKARA 7735


(U) Classified by DCM Robert Deutsch. Reasons: 1.5 (B and
D).



1. (C) DG for Bilateral Political Affairs Ahmet Banguoglu
summoned DCM to the MFA December 19 to provide the GOT's
written authorization for the US to use Incirlik to rotate US
personnel in and out of Iraq (reftel). Banguoglu said the
MFA and other interested agencies (including TGS and Customs)
had met earlier in the day to work out arrangements for the
use of Incirlik. He said the goal of the parties was to
provide the US "maximum flexibility within the Turkish legal
framework, and in conformity with international law, and the
rules and regulations of Incirlik Air Base." Banguoglu said
the modalities and any further details not addressed in the
diplomatic note should be discussed in mil-mil channels with
the Turkish General Staff.



2. (C) Reading from a prepared text, Banguoglu then
summarized the 11 rules and principles to be applied during
rotation activities (see para 5 for complete text).
Banguoglu said the issue of the status of US personnel in
Turkey (points 3 and 4) was a particularly difficult and
sensitive one to resolve.



3. (C) While acknowledging that one Turkish newspaper had
reported the GOT's approval in today's paper, Banguoglu said
the GOT intended to keep the issue quiet for the time being.
The MFA did not intend to issue any public statement and
asked the US to do the same. The DCM said that for security
purposes, we would prefer not to make the issue public, but
admitted that the press would get wind of it as soon as
aircraft and personnel began arriving at Incirlik, if not
sooner. Banguoglu said the MFA has provided its information
office some background information to use with the press on
an "if asked" basis. Banguoglu said the MFA would provide us
with its guidance once it was cleared, and added that the
Turks would prefer that any "announcement" of the arrangement
come from the GOT. Furthermore, Banguoglu said the GOT hoped
we would not share the modalities of the operation with other
Allies, since they would not want to offer them similar
flexibility.



4. (C) Begin text of diplomatic note:


The Ministry of Foreign Affairs of the Republic Turkey
presents its compliments to the Embassy of the United States
of America and with reference to the Latter,s note number
1869, dated December 17, 2003, has the honor to inform the
following:


Taking into account UNSC resolution 1483 and the Turkish
Council of Ministers, decree No. 5755, the request for
permission to use 10th Tanker Base-Incirlik as a hub for
deploying/redeploying (rotation) personnel from Iraq in
support of Operation Iraqi Freedom has been approved.


The rules and principles to be applied during the rotation
activities are enclosed. The Ministry kindly requests the
Embassy to bring the enclosed documents to the attention of
the pertinent US authorities with a view toward assuring
their strict compliance.


The modalities of the facilities accorded in line with the
rotation request should be discussed and concluded with the
Turkish General Staff.


A note from the Embassy acknowledging the contents of this
note and enclosure would be appreciated.


The Ministry of the Republic of Turkey avails itself of this
opportunity to renew to the Embassy of the United States of
America the assurances its highest consideration.


December 19, 2003


End text of diplomatic note.



5. (C) Begin text of the rules and principles to be applied
during the rotation activities that was enclosed with the
diplomatic note:


RULES AND PRINCIPLES TO BE APPLIED DURING ROTATION ACTIVITIES


(1) The activities to be carried out during the rotation
shall be in conformity with international law and courtesy
rules as well as 10th Tanker Base-Incirlik regulations.


(2) The operations to be carried out for the purpose of the
rotation and their results shall not create any financial
burden for the Republic of Turkey. Any compensation arising
from acts committed by US personnel involved in the rotation
shall be fully borne by the US side.


(3) The number and the missions of the personnel expected to
be prepositioned in order to support the existing US
personnel at 10th Tanker Base Incirlik for preparing for and
carrying out the rotation activities as planned and the
personnel that will arrive or leave in exchange shall be
communicated to the Turkish General Staff (TGS). These
prepositioned personnel, the number of which shall not exceed
250 at any one time, will be subject to the same status
applicable to the US personnel currently deployed at 10th
Tanker Base, unless otherwise specified.


(4) Considering that arriving and departing passengers and
equipment for the purpose of rotation are in transit, transit
status will be accorded to the passengers and equipment that
will pass through allocated facilities by coordination
between the 39th Air Base Group and the 10th Tanker Base
Command. The necessary documentation for the passengers and
cargo shall be provided by the US side. (Note: during his
summary of the 11 points, Banguoglu specificially used the
word "manifest" when referring to the necessary
documentation. End note.)


(5) Detailed planning regarding the activities of the
rotation that will be carried out in Incirlik Air Base shall
be coordinated between the 39th Air Base Group and the 10th
Tanker Base Command.


(6) In cases of compulsory accommodation within the Base of
the personnel subjected to rotation due to aircraft breakdown
or for any emergency situations that may arise, necessary
arrangements will be made by the 39th Air Base Group in
coordination with the 10th Tanker Base Command.


(7) Search and Rescue (SAR) missions within the SAR
boundaries of Turkey shall be performed by Turkish
authorities.


(8) Flight clearance requests for all flights conducted for
the purpose of the rotation shall be forwarded to the TGS via
the Turkish MFA, in line with the current procedures.


(9) The arrangements herewith shall not be interpreted or
construed as infringing upon the sovereign rights of Turkey,
nor shall these provisions be applied and interpreted in
disregard of Turkish legislation, laws and regulations.


(10) The rotations activities shall start no earlier than
January 1, 2004 and end no later than April 30, 2004.


(11) None of the provisions shall effect or restrict the
inherent right of the Government of Turkey to take all
measures it deems necessary and appropriate to protect its
national interests and security under circumstances
warranting this course of action.


End text.
EDELMAN