CIRCULAR 175 REQUEST FOR NEW HORIZIONS 2004

UNCLAS SECTION 01 OF 03 GUATEMALA 000307

SIPDIS

DEPARTMENT FOR WHA/PPC (LYNN) AND PM/B (WESTMORELAND)

E.O. 12958: N/A
TAGS: MARR MOPS MASS PREL GT
SUBJECT: CIRCULAR 175 REQUEST FOR NEW HORIZIONS 2004
MILITARY EXERCISE


1. Summary and Action Request: Post requests circular 175
authority to negotiate an exercise-specific agreement with
the Government of Guatemala (GOG) that would cover U.S.
personnel participating the planned New Horizons 2004 -
Guatemala exercise. Except for point number 13 which
incorporates Article 98-like protections and a few minor
edits to limit the scope of the agreement to the exercise,
the text of the diplomatic note proposed below is identical
to the Status of Forces Agreement Post was authorized to
negotiate with the GOG in January 2001. Given that the GOG
under separate administrations has essentially refused to
respond to repeated requests to negotiate updated SOFAS
(pending since March 1999),Post proposes the
exercise-specific agreement as an intermediate step that
would help set a positive precedent for a full-blown SOFA in
the future.


2. New Horizons 2004 is a joint Humanitarian and Civic
Assistance (HCA) exercise designed to provide training
opportunities for U.S. military engineers and support
personnel via the construction of schools, clinics and water
wells in the impoverished Guatemalan province of Jutiapa.
The exercise will include Medical Readiness Training
Exercises (MEDRETES) at several sites in the same area, and
is scheduled for the March - June 2004 time frame. End
Summary.


3. Begin text of proposed diplomatic note.

The Embassy of the United States of America presents its
compliments to the Ministry of Foreign Relations of the
Republic of Guatemala and has the honor to refer to ongoing
discussions between representatives of our two governments
regarding issues related to the status of the United States
military and civilian personnel who are employees of the
United States Armed Forces and who may be temporarily present
in Guatemala in connection with the Humanitarian and Civic
Assistance (HCA) exercise known as New Horizons 2004 -
Guatemala (hereafter referred to as "the exercise"),planned
to be conducted jointly by the Guatemalan and United States
Armed Forces from 1 March - 30 June, 2004 (hereafter
referred to as the "duration of the exercise"). The Embassy
has the honor to propose the following agreement between our
two governments with regard to the conduct of the exercise:

--The present agreement will be in addition to the following
accords: The Military Air Transit Agreement of December 29,
1949; the General Accord on Technical Cooperation of
September 1, 1954; the Military Assistance Agreement of June
18, 1955, and the Status of Military Mission Personnel
Agreement of May 4, 1965.

--The present agreement does not imply the passage of a
foreign army through Guatemalan national territory, nor the
temporary establishment of foreign military bases.

--"United States Personnel" shall mean military and civilian
personnel of the United States Armed Forces temporarily
present in Guatemala in connection with the exercise.

--It shall be the responsibility of the United States
personnel to respect the laws of Guatemala and to abstain
from any activity inconsistent with the spirit of the
agreement herein described. United States authorities will
take necessary measures to that end.

--The Government of Guatemala shall accord to the United
States personnel temporarily present in Guatemala in
connection with the exercise status equivalent to that
accorded to the administrative and technical staff of the
United States Embassy in accordance with the Vienna
Convention on Diplomatic Relations of April 18, 1971. If,
notwithstanding the preceding sentence, Guatemalan
authorities detain any United States personnel, the
Guatemalan authorities shall immediately notify the Embassy
of the United States of America in Guatemala and promptly
return such personnel to United States control. Guatemalan
and U.S. military police investigators shall cooperate in the
investigation of any crime believed to have been committed by
or against United States personnel.

--United States personnel may enter and leave Guatemala with
United States Government identification and collective
movement or individual travel orders.

--United States personnel may wear their uniforms while
performing official duties in Guatemala.

--United States personnel in Guatemala shall enjoy freedom of
movement and the right to undertake those activities deemed
necessary for the performance of their mission. Guatemalan
authorities shall accept as valid, without a driving test or
fee, a driving permit or license issued by the appropriate
United States authority to United States personnel for the
operation of military or official vehicles. Vehicles owned
by the United States need not be registered, but shall have
appropriate identification markings.

--The Government of Guatemala shall accept as valid medical
licenses issued by the appropriate United States authorities
to United States personnel.

--The Government of the United States of America and the
Government of Guatemala shall waive any and all claims
against each other, other than contractual claims, for
damage, loss, or destruction of the other's property arising
from activities to which this agreement applies.

--The Government of Guatemala shall indemnify the United
States Government for all claims by anyone (vice "third
parties") arising from the activities of United States
personnel related to the exercises. For all other claims,
(vice "by third parties") the Government of the United States
of America shall consider the claims and decide whether it
will offer an ex gratia payment, and if so, in what amount.
The Government of Guatemala shall, upon the request of the
United States Government, submit advice and recommendations
on Guatemalan law to the claims authorities of the United
States Government for their use in evaluating liability and
the amount of damages. These claims shall be expeditiously
processed and settled by United States authorities in
accordance with United States law.

--The military and civilian personnel of the United States
Armed Forces shall not be subject to any proceedings for the
enforcement of any judgment given against them in Guatemala
in a matter arising from the performance of their official
duties.

--The Government of Guatemala and the Government of the
United States agree that neither government will surrender,
expel or transfer by any means, personnel of the other
government to any international tribunal for any purpose,
unless such tribunal is established by the UN Security
Council, without the expressed consent of the other
government. Both governments further agree that neither
government will surrender, expel, or transfer by any means
personnel of the other government to any entity or third
country for the purpose of surrender to or transfer to any
international tribunal, unless such tribunal has been
established by the UN Security Council, without the expressed
consent of the other government.

--United States Government equipment, material, supplies and
other property imported into or acquired in Guatemala by or
on behalf of the United States Armed Forces in connection
with the exercise, shall be free from all Guatemala
inspections, duties, taxes, and other charges. Title to such
property shall remain with the United States Government,
which may remove such property from Guatemala at any time,
free from export duties, taxes, and similar charges. The
exemption provided in this paragraph shall also extend to any
duty, tax, or other charges, which would otherwise be
assessed upon such property after importation into, or
acquisition in, Guatemala. Such property may be removed from
Guatemala, or disposed therein, provided that disposition of
such property in Guatemala to persons or entities not
entitled to exemption from applicable taxes or duties shall
be subject to payment of such taxes and duties by such
persons or entities.

--Baggage, personal effects and other property for the
personal use of United States personnel may be imported into
and used in Guatemala free from all inspections, taxes and
other charges during the period of their service in
Guatemala. Such property shall normally be exported or
transferred to other United States personnel. Transfers of
such property to persons or entities in Guatemala not
entitled to import privileges may be made only under terms
and conditions including payment of applicable duties and
taxes imposed by the Government of Guatemala. The
exportation of such property and of property acquired in
Guatemala by United States personnel shall be free from all
duties, taxes, and other charges.

--The United States Armed Forces and United States personnel
may use water, electricity, and other public utilities and
facilities on terms and conditions, including rates or
charges, no less favorable than those available to the
Guatemalan Armed Forces, in like circumstances, unless
otherwise agreed. The Government of Guatemala shall, upon
request, assist United States authorities in obtaining water,
electricity, and other public utilities and facilities.

--Guatemalan authorities shall permit the United States Armed
Forces and United States personnel to utilize radio
communication for the conduct of official duties of the
United States personnel. The Government of Guatemala shall
notify the United States Armed Forces of the radio
frequencies for local and international official
communication to be used for this purpose.

--United States personnel may deploy with all authorized unit
and individual equipment. Maintenance, control, and security
of equipment will be the responsibility of the United States
Armed Forces.

--Vehicles, vessels, and aircraft owned or operated by or for
the United States Armed Forces shall not be subject to the
payment of landing or port fees, pilotage charges, navigation
or overflight charges, or tolls or other use charges,
including light and harbor dues while in Guatemala. However,
the United States Armed Forces shall pay reasonable charges
for services requested and received. Aircraft operated by or
for the United States Armed Forces shall observe local air
traffic control regulations while in Guatemala. Vessels
owned or operated by or for the United States Armed Forces
shall not be subject to compulsory pilotage in Guatemala, but
United States Armed Forces will allow a Guatemalan military
observer on board while in Guatemalan territorial water to
comply with Guatemalan law.

--United States and Guatemalan authorities may cooperate in
taking such steps as may be necessary to insure the security
of United States personnel and property in Guatemala pursuant
to the provisions herein described.

--The specific responsibilities and actions necessary to
execute this agreement will be specified in a Memorandum of
Agreement between the armed forces of both countries. Any
differences regarding the interpretation or application of
the provisions herein described shall be resolved by
consultation between our two governments.

--The United States has the honor to propose that if the
foregoing is acceptable to the Government of Guatemala, this
note and your note in reply shall constitute an agreement
between our two governments to conduct the exercise under the
terms of this agreement, which shall enter into force 60 days
before the exercise commences and will remain in force until
30 June 2004 or for the duration of the exercise.

The Embassy of the United States of America avails itself of
this opportunity to renew to the Ministry of Foreign
Relations of the Republic of Guatemala the assurances of its
highest consideration. End text.
Hamilton