Identifier
Created
Classification
Origin
05KINGSTON2318
2005-10-11 18:55:00
UNCLASSIFIED
Embassy Kingston
Cable title:  

MFA&FT MEETS WITH DIPLOMATIC CORPS RE

Tags:  AMGT PREL JM 
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111855Z Oct 05
UNCLAS SECTION 01 OF 02 KINGSTON 002318 

SIPDIS

FOR WHA/CAR
ALSO FOR WHA/EX
ALSO FOR OFM

E.O. 12958: N/A
TAGS: AMGT PREL JM
SUBJECT: MFA&FT MEETS WITH DIPLOMATIC CORPS RE
COMPREHENSIVE INSURANCE REQUIREMENTS

REF: KINGSTON 2293

UNCLAS SECTION 01 OF 02 KINGSTON 002318

SIPDIS

FOR WHA/CAR
ALSO FOR WHA/EX
ALSO FOR OFM

E.O. 12958: N/A
TAGS: AMGT PREL JM
SUBJECT: MFA&FT MEETS WITH DIPLOMATIC CORPS RE
COMPREHENSIVE INSURANCE REQUIREMENTS

REF: KINGSTON 2293


1. SUMMARY: Senior Ministry of Foreign Affairs and
Foreign Trade (MFA&FT) officials met with members of the
diplomatic corps on October 11 to discuss the GOJ
requirement to insure diplomatic vehicles comprehensively
for a value to cover duties and sales tax. MFA&FT agreed to
resume on an interim basis issuance of vehicle licenses and
annual renewal stickers, for a period of six weeks while the
GOJ reviews the policy. Members of the diplomatic corps
will provide input regarding their governments' practices on
insurance requirements. The objective is to ensure that
Jamaican nationals are adequately protected against damages
caused by diplomats who cannot be compelled to appear before
Jamaican courts. Post will continue to monitor and report
on developments. END SUMMARY.


2. Permanent Secretary of the Ministry of Foreign Affairs
and Foreign Trade (MFA&FT) Ambassador Douglas Saunders
invited the Dean of the Diplomatic Corps along with three or
four colleagues to a meeting on Monday afternoon, October
11, 2005, to discuss the GOJ's requirement that all
diplomatic vehicles obtain comprehensive insurance. The
Dean, Trinidadian High Commissioner Dennis Francis, the UK
(representing EU countries with Missions in Jamaica) and
Nigerian High Commissioners, and the Canadian and US
Management Counselors attended the meeting.


3. Saunders started off the meeting asserting that the GOJ
policy requiring Foreign Missions and their diplomatic and
non-diplomatic staff to insure their vehicles
comprehensively for a value to include duties and sales tax
has been on the books at least since the 1970's. He also
admitted that the GOJ had been remiss all these years making
the current enforcement of the rule seem like a new policy.
The GOJ, as he put it, had been acting in good faith,
assuming that Foreign Missions were in compliance.


4. Saunders stated that in light of the issues that have
arisen as a result of enforcement, the MFA&FT will review
the policy, but that the review would take "some time." He
noted that effective immediately, the MFA&FT has lifted the
requirement to insure for the value of duties and sales tax.
The MFA&FT would also, on an interim basis for a period of
six weeks, immediately resume granting licenses and annual

renewal stickers, requiring only certificate of fitness and
liability insurance. Upon completion of the review, MFA&FT
would advise Missions of any additional requirements.


5. According to Saunders, the crux of the issue stems from
the diplomatic immunity extended to Foreign Missions and
their diplomatic and non-diplomatic staff under the Vienna
Convention on Diplomatic Relations. The GOJ's objective
with the insurance requirement, he added, is to ensure that
the Jamaican public be protected against the acts of foreign
diplomats and that third party liability insurance alone, as
it currently exists under Jamaican law, is inadequate to
provide sufficient protection because the minimum
liabilities are too low. He noted that a change in
legislation might be necessary to address that issue.


6. Saunders discussed at some length MFA&FT's desire to
treat all Foreign Missions the same, asserting that its
internal resources did not allow it the flexibility to deal
with these and other issues bilaterally and on the basis of
strict reciprocity. He hoped a one-size-fits-all policy
would meet the needs of all Missions and asked that those
present form a sort of steering committee that would
hopefully represent the issues of all Foreign Missions in
Jamaica. He also requested additional input from Missions
regarding practices in their countries on insurance
requirements of foreign diplomats.


7. The Dean expressed appreciation to Saunders for
arranging the meeting. He noted that GOJ policies affect
Missions differently and recognized the right of the GOJ to
protect the interests of its nationals. He stressed that
what was unclear to the diplomatic corps was how the
requirement to insure comprehensively would in any way aid a
Jamaican national. He suggested there should be some
"discovery" to determine if the existing policy serves the
objective.


8. All of the foreign diplomats present indicated that
each of their Governments requires Foreign Missions and
their members to obtain liability insurance while none
required comprehensive insurance. The UK High Commissioner
mentioned that in most EU countries the requirement is for
"fully adequate" liability insurance. As the meeting
progressed it became clear that "fully adequate" liability
insurance is the objective the GOJ seems to be pursuing.


9. COMMENT: This matter is by no means closed. If the
MFA&FT resumes immediate issuance of renewal stickers as
promised, the immediate crisis will be behind us. However,
as the GOJ reviews its policy with a number of Jamaican
stakeholders, including other agencies of the GOJ and the
parliament, we can anticipate a number of proposals being
put forth, many of which could be unacceptable. Post and
the Department should continue to monitor developments and
provide input as appropriate to ensure that the final
outcome is acceptable and workable for Embassy Kingston.
END COMMENT.

TIGHE