PARAGUAY ARTICLE 98 DISCUSSIONS REACH DEADLOCK

C O N F I D E N T I A L ASUNCION 000526

SIPDIS

SENSITIVE

STATE FOR A/S NORIEGA, A/S RADEMAKER, PDAS DERHAM, AND PM P
MURRAY AND W BROOKS
STATE ALSO FOR T 7208 HST FRANCIS BOLTON
STATE PASS TO USAID LAC/AA
DOD FOR OUSD(P)/ISP/NP/ICC COL TIA JOHNSON
NSC FOR KIMBERLY BREIER
SOUTHCOM FOR POLAD DAN JOHNSON

E.O. 12958: DECL: 04/19/2015
TAGS: MARR PGOV PREL PINR PA KICC
SUBJECT: PARAGUAY ARTICLE 98 DISCUSSIONS REACH DEADLOCK

REF: ASUNCION 00305

Classified By: PolOff Mark Stamilio, reasons 1.4(b) and (d).


1. (C) As follow-up to the April 6 meeting between A/S
Rademaker and FM Rachid in Washington, DC, on April 15, DOD
attorney COL Tia Johnson and PolOff met with MFA legal
advisor Ernesto Velasquez to discuss the latest versions of
draft texts that would provide Article 98 protections in
Paraguay (reftel). The meeting indicated that the GOP lacks
the political will to deliver the protections we seek. The
discussions have reached deadlock.


2. (C) The main issues in contention are as follows:

-- The MFA continues to adhere to a restrictive
interpretation of Article 98(2),arguing that its provisions
apply only to agreements entered into prior to becoming a
State Party to the ICC, and that signing an Article 98
agreement with the U.S. would, therefore, be inconsistent
with Paraguay's obligations under the Treaty of Rome.

-- Although the concept of an exchange of Notes referring
back to the Extradition Treaty between the U.S. and Paraguay
remains theoretically feasible, the MFA will not agree to an
exchange of Notes that includes an express statement or
declaration by the GOP that it will apply the same consent
procedures required by the Extradition Treaty to cases of
requests for surrender to non-state entities such as the ICC;
nor will the GOP agree to a final Note from the U.S. to the
GOP that includes a specific reference to the ICC.

-- Similarly, the MFA is willing to accept references to
non-state entities in the Notes, but only if such references
are limited by language that refers back to the Extradition
Treaty and the protections afforded to U.S. personnel
participating in military exercises/exchanges.
(Alternatively, Velasquez indicated that eliminating the
entire phrase "to any state or other entity" might be an
acceptable solution on this particular point.)


3. (C) Velasquez said he would review the drafts again
without the phrase "to any state or other entity" and consult
with Rachid. However, his bottom line remains that the MFA
cannot agree to provide the protections we seek without the
approval of Congress. He asserted that Congress would
impeach Rachid if she agreed to more without its approval,
and that it was inconceivable that Congress would approve the
sort of agreement we seek. (Comment: Velasquez's assertions
were inconsistent with the positions advanced by Rachid
during her April 6 meeting with Rademaker. Rachid proposed
using the "procedures" approach as a way to afford the
protections the U.S. seeks without the GOP having to enter
into an agreement.)


4. (U) This cable was cleared by COL Johnson.
KEANE