ARTICLE 98 LETTER TO SECRETARY POWELL FROM

UNCLAS GUATEMALA 000108 SIPDIS DEPARTMENT FOR WHA/CEN, AND PM/B E.O. 12958: N/A TAGS: PREL PGOV MARR KTIA MASS GT ICC SUBJECT: ARTICLE 98 LETTER TO SECRETARY POWELL FROM OUTGOING GUATEMALAN FOREIGN MINISTER GUTIERREZ ¶1. Outgoing Foreign Minister Gutierrez sent a letter, dated January 13 (his last day in office),to Secretary Powell stating his understanding that Guatemala is exempt from the restrictions on U.S. military aid under the Servicemember's Protection Act of 2001 (SPA),due to the fact that Guatemala has not ratified the Treaty of Rome. Gutierrez closes by reassuring the Secretary that Guatemala is interested in continued efforts to reach an agreement. A copy of the letter has been faxed to WHA/CEN. Our unofficial translation of the text is at paragraph 3. ¶2. Comment: We have explained repeatedly to Gutierrez and the MFA that, while Guatemala is technically exempt from the provision of the SPA, we may well apply prohibitions as a matter of policy. The Ambassador has an appointment with new FM Jorge Briz January 20 to discuss this issue, inter alia. ¶3. Begin unofficial translation: Edgar Gutierrez Minister of Foreign Relations Guatemala, January 13, 2004 Dear Secretary of State: I wish to thank you for having met with me and my counterparts, the Foreign Ministers of Central America, on the margins of the last United Nations General Assembly, because I firmly believe that this meeting effectively contributed to strengthening our bilateral agenda. I also wish to acknowledge receipt of your letter of November 21, 2003, which refers to your interest in completing an agreement to prohibit the extradition of U.S. citizens to the International Criminal Court. Furthermore, I am aware that the United States has provided Guatemala, via joint humanitarian military exercises, medical attention and other benefits to certain rural regions of my country. I understand that according to Section 2007 - Prohibition Against U.S. Military Assistance to Members of the International Criminal Court - of the Servicemember's Protection Act, that your government may waive the prohibition in those cases where the President of the United States determines that it is in the U.S. interest to do so, or in those cases where a country has signed an agreement with the U.S. based on Article 98 of the Treaty of Rome. I wish to reiterate that although my country has subscribed to the Treaty of Rome, we have not yet finalized the process of approval and ratification. As this is the case, I believe that the requirements of Section 2007 are not applicable to Guatemala. As you indicated in your letter, I note that you have developed a special version with the goal of addressing the concerns of some countries. For example, I understand that some Article 98 agreements include a paragraph that is reserved for agreements with countries that are not parties to the Treaty of Rome, and specifies that said agreement remains subject to the international obligations of the parties. The Government of Guatemala, Mr. Secretary, under its guiding principals, will be disposed to continue working with you towards achieving a mutually satisfactory agreement. Sincerely, /s/ Edgar Gutierrez Minister of Foreign Relations End unofficial translation. HAMILTON