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