BRAZIL MILITARY EXERCISES, DIPLOMATIC NOTES

C O N F I D E N T I A L SECTION 01 OF 02 BRASILIA 000815

SIPDIS

SENSITIVE

STATE ALSO FOR WHA/BSC:MMATERA, DEFENSE ALSO FOR
OSD:LYOUNG, SOUTHCOM ALSO FOR POLAD:DJOHNSON

E.O. 12958: DECL: 03/24/2015
TAGS: MARR MOPS MASS BR
SUBJECT: BRAZIL MILITARY EXERCISES, DIPLOMATIC NOTES

Classified By: Deputy Chief of Mission Philip Chicola, reason
1.4 d.


1. This message was coordinated with DAO, MLO, and POL.


2. (C) Over the next few months, Brazil will host a number
of military exercises, including PKO South and Patriot Angel
SAR. While the GOB has provided its usual written assurances
concerning protections for US personnel participating in
these exercises, post understands Department of State and
Department of Defense want to standardize the protections
offered. We should note that in the decades that the US and
Brazil have been collaborating on military exercises, the GOB
has always respected all norms and immunities concerning our
personnel involved in those exercises -- and we are unaware
of any incidents affecting US personnel that the GOB did not
promptly resolve to our benefit. We understand Washington
concern with the lack of a SOFA with Brazil. While the GOB
has told us that it will not sign a SOFA, it has also
affirmed it would accord to the maximum extent of its laws
all necessary privileges to our personnel in Brazil on
military exercises.


3. (SBU) For Washington guidance, mission offers following
comments on draft Brazil SOFA:

Each military exercise should be addressed individually with
a separate dipnote. We are concerned that Brazil will
interpret a group dipnote as a backdoor SOFA and will reject
it.

Until now all US personnel, including military, entering
Brazil use passports with valid visas, except those on port
visits who are on limited duration liberty. We do not
believe that Brazil will allow personnel entry on military ID
or military orders.

Brazil already recognizes US drivers licenses and allows
rental of vehicles for all personnel, including military.
Although there is no need to stipulate such a requirement for
these exercises, the GOB likely will not object to its
inclusion in a dipnote.

Brazil already allows US military personnel to wear uniforms.
We know of no Brazilian law that prevents this. US military
personnel in country on exercises wear uniforms all the time.


Brazil does not authorize the importation or carrying of
weapons. For the exercises at hand, this issue is irrelevant
as it has been for all military exercises held on Brazilian
territory for many years since they do not involve any
activities involving weapons. Because the right to carry
firearms would require Brazilian Congressional approval, this
issue is a real exercise killer.

Brazil already allows duty free and inspection free
importation of all equipment required for military exercises,
through all entry points including commercial airports. To
date, this has not been an issue with Brazil. Personal
effects and baggage are treated the same as above and enter
free of inspection and duties.

Brazil already allows removal or local disposal of all US
movable property and supplies, including personal effects,
free of export duties, taxes or other charges.

US military aircraft landing at Brazilian military bases are
not charged any landing fees, etc. US military aircraft
utilizing civilian airfields pay reasonable charges. This
has been common practice for decades.

The US military has never imported vehicles into Brazil for
exercise support. All vehicles, if required, are locally
contracted. The listed exercises do not require importation
of US military vehicles. While the GOB may have no problem
with this clause, we do not want to put existing favorable
treatment in jeopardy.

The recognition or acceptance of US professional licenses for
the Medical Readiness Training Exercise (MEDRETE) rests with
the Brazilian military in internal GOB coordination as a
precondition to the exercise. While there is no need to
include such a clause within the MEDRETE note, the GOB will
likely not object to its inclusion. It is not a relevant
issue to the other exercises.

Use of radio communications and frequencies is handled on a
case-by-case basis with both militaries during the exercise
planning/survey phase. If properly worded, the GOB will not
likely object. However, its inclusion could delay things as
the Foreign Ministry seeks to consult with technical experts.
We believe it is not relevant to the upcoming exercises.

US military planners already utilize local contractors with
Embassy support.

The GOB will not receive well a demand that it accept full
responsibility on all claims. Brazil expects that the USG
will pay reasonable costs for any damages sustained in an
exercise, including injury or death. To date, this has not
been an issue. Nor do we anticipate it will become an issue
during the upcoming exercises. Heavy equipment that could
cause infrastructure damages is not a component of any of the
exercises.

Brazil already accords de facto A&T status for US personnel
participating in military exercises.

Danilovich