MFA LEGAL ADVISOR ON PROSPECTS FOR LONG-TERM SOFA

C O N F I D E N T I A L SANTIAGO 001677

SIPDIS

STATE FOR WHA/BSC, PM

E.O. 12958: DECL: 08/09/2015
TAGS: MARR PGOV PREL CI SOFA ARTICLE
SUBJECT: MFA LEGAL ADVISOR ON PROSPECTS FOR LONG-TERM SOFA

REF: A. SANTIAGO 0461


B. STATE 21154

Classified By: Deputy Chief of Mission Emi L. Yamauchi. Reasons: 1.4 (b
and d).


1. (C) On August 4, E/POL Counselor spoke one-on-one with
Foreign Ministry Legal Advisor Claudio Troncoso to follow up
on our request for a Status of Forces Agreement (SOFA),and
to explore whether the GOC was ready to discuss specifics.
Troncoso reiterated cautions we had heard before from MFA: a)
there was little chance the Lagos Administration would be
willing to take any kind of a SOFA agreement to Congress in
advance of the December 2005 presidential and congressional
elections; and, b) in the event a new administration did
submit a SOFA to Congress in 2006 or later, the issue of
reciprocity would be salient and problematic. Troncoso
agreed, however, that there were elements in the USG proposed
SOFA that might be amenable to inclusion in an executive
agreement that would not need approval from the Chilean
Congress. Troncoso added that imminent Chilean legal reforms
would further expand the scope of what could be included in
executive agreements.


2. (C) Troncoso agreed that now was perhaps the time to begin
discussing -- informally -- specific elements of the proposed
SOFA. He intimated that no formal steps were likely before
the end of 2005, but agreed that our militaries, planning
and scheduling of exercises/exchanges might drive the
timetable. Troncoso said he would ask the Special Policies
Department under Ambassador Winter to discuss specifics with
the Embassy, and to coordinate with the Chilean military.

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Comment
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3. (C) Some items contained in the proposed SOFA text, such
as indemnity, likely will require Chilean congressional
action for juridical or political reasons. However, Troncoso
was mildly encouraging in his assessment that other elements
may be achievable without having to take the Congressional
approval route. Embassy will continue to follow up with
Ambassador Winter,s office.
KELLY