INCIRLIK AND OIF-2: TURKS REITERATE THAT ROTATION

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 000300

SIPDIS


E.O. 12958: DECL: 01/15/2014
TAGS: PREL MARR MOPS TU IZ
SUBJECT: INCIRLIK AND OIF-2: TURKS REITERATE THAT ROTATION
ACTIVITIES ARE TO BE CONDUCTED ACCORDING TO GOT'S "RULES
AND PRINCIPLES"


REF: A) ANKARA 17 B) SILVERMAN-DEUTSCH 12/31/2003
E-MAIL C) 03 ANKARA 8015 D) 03 ANKARA 7800
E) ANKARA 224


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


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SUMMARY
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1. (C) MFA DDG for the Americas Ilicak summoned Pol-Mil
Counselor to the MFA January 15 to reiterate the GOT's
understanding that the activities related to the rotation
will be conducted in accordance with the rules/principles
outlined by the Turks. The MFA appears to have done so in
response to the barrage of unmanaged criticism from the
opposition and the media over the GOT's handling of the
rotation issue. Operations at Incirlik are running smoothly
and we do not envision that changing as a result of the note.
Post does not believe we need to respond formally to the
note. End summary.


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CONCERN OVER US RESPONSE TO GOT'S ROTATION PRINCIPLES
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2. (C) MFA DDG for the Americas Suna Ilicak summoned Pol-Mil
Counselor to the MFA January 15 to voice concerns about the
USG's response (ref a) to the GOT's rules and principles
regarding the use of Incirlik Air Base (IAB) to rotate US
personnel in and out of Iraq (ref d). During the meeting,
Ilicak handed over a diplomatic note (see para 7 for text)
that reiterates the GOT's understanding that the activities
related to the rotation will be conducted within the confines
of the "Rules and Principles to be Applied during Rotation
Activities" that were attached to the diplomatic note the MFA
handed over to us December 19, 2003 (ref d).



3. (C) Ilicak opened the meeting by noting that the MFA had
gone to great lengths in its deliberations with other GOT
entities to work out a "special status" for the rotation. In
the GOT's eyes, the rules and principles attached to the
MFA's December 19, 2003 diplomatic note accorded US forces
"maximum flexibility" to carry out rotation-related
activities. She said the internal GOT deliberation process
was "not easy," given the legal constraints and concerns
expressed by other GOT entities. Ilicak added that the GOT
purposefully crafted its December 19 diplomatic note with
"constructive ambiguity" in mind to allow both sides the
flexibility they needed. Ilicak argued that, in contrast,
some of the language contained in the Embassy's January 2,
2004 diplomatic note -- particularly the reference to the
"Tax Relief Agreement of 1954 as amended and applied" -- was
not helpful to the MFA's efforts to be flexible. "You could
have made our lives a lot easier by not including this
language in your note and instead responded with a simple
acknowledgment of our note," she said. Speaking "off the
record," Ilicak said the MFA had no choice but to respond
formally to the US diplomatic note and reiterate the GOT's
understanding that the rules and principles outlined in the
MFA's December 19 note were to be applied during the course
of the rotation operation. "If someone were to demand that
the MFA open its files and see that the MFA accepted your
note without responding, our careers could be ruined."



4. (C) Ilicak said FM Gul and the entire GOT were under heavy
criticism from the opposition and the media for authorizing
on their own the use of IAB for the rotation. (Note: late
January 14, the MFA issued a press statement explaining that
the GOT on its own made the decision to allow the US to use
IAB, that all of the appropriate authorities had been
consulted, and that the decision was based on UNSCRs 1483 and

1511. The statement thus far has not received wide coverage
and therefore did little to lessen the criticism in the daily
papers January 15. TGS is planning to address this issue
publicly January 16. End note.)



5. (C) PMA Counselor said the USG appreciated Turkey's
decision to allow us to use IAB. The operations at Incirlik
thus far were going smoothly and acceptable arrangements had
been worked out. While we appreciated the legal and other
constraints the GOT may have faced in deciding to authorize
us to use IAB, the US also faced constraints that required us
to conduct the operation under existing agreements. PMA
Counselor noted that in the past, the US and Turkey had had
different views about the applicability of existing
agreements to the use of IAB. In those cases, we were able
to work out practical operating procedures to address
concerns or problems that occurred. He added that the
Embassy had drafted its diplomatic note with this past in
mind.



6. (C) Comment: The GOT's decision to issue a formal
response to our diplomatic note and reiterate its position
that Turkey's understanding of the rules and principles
applies to all rotation-related activities was driven by the
barrage of unmanaged criticism of the GOT's handling of this
issue by the opposition party and the media (ref e).
Nonetheless, the rotation is running smoothly and we do not
envision that changing as a result of the note. Therefore,
we do not believe the USG needs to respond formally to the
note. End comment.



7. (C) Begin text of diplomatic note number ALGY/2004-16:


The Ministry of Foreign Affairs of the Republic of Turkey
presents its compliments to the Embassy of the United States
of America and with reference to the Ministry's Note No.:
ALGY/2003-316 dated December 19, 2003 and the Embassy's Note
No.: 003 date January 2, 2004 has the honor to inform the
following:


The Ministry would like to reiterate her understanding to the
effect that the activities related to the rotation of the US
personnel in support of Operation Iraqi Freedom through
Incirlik Air Base will be conducted within the confines of
the &Rules and Principles to Be Applied During Rotation
Activities8 as attached to the Ministry,s aforementioned
Note.


The issue of flight clearance will continue to be handled in
line with the contents of the Turkish General Staff document
dated December 31, 2003 and No.:
1523-1732-03/Kom.Kont.D:(Hv.Svn.S.) (2)33412154.


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


End text.
EDELMAN