Defense Agreements with SaM - Next Steps

UNCLAS BELGRADE 000611 SIPDIS SENSITIVE SIPDIS OSD FOR BEIN, VAN EGMOND STATE FOR EUR/SCE STATE ALSO FOR PM/SNA - LOFTIS AND JANZEN E.O. 12958: N/A TAGS: MARR MASS PREL SR SUBJECT: Defense Agreements with SaM - Next Steps This is an action request - see para 3. ¶1. (sbu) The visits of Senator Voinovich on March 23-24 and General Wald on March 27-28 provided excellent opportunities to push the GoSaM and GoS to do more on our defense agreements. With the WMD now signed and awaiting parliamentary ratification in SaM, the MoD here is keen to push through a SOFA while the political climate is friendly. We should capitalize on this opportunity with all due speed. AGREEMENTS STATUS ¶2. (sbu) We have an interest in five separate agreements that are all in some stage of consideration by the GoSaM, including four bilateral agreements and a NATO agreement. The status of the agreements is as follows: -- NATO GLOC - Ratified by both sides; implementation on hold pending working out operational details between NATO and SaM (e.g., identification of routes etc.) -- Bilateral WMD Agreement - Signed by the Ambassador and DEFMIN Stankovic April 5. Awaiting ratification in SaM parliament in order to enter into force. -- Bilateral ACSA - MoD tells us this agreement can be concluded by MoD on its own authority as a technical agreement; no negotiation/ratification process through the Republic or State Union governments is required - this on the basis of a written opinion by MFA submitted to the Council of Ministers. The ACSA is still under internal review in MoD. MoD staffers assured us March 6 (and again on the margins of the WMD signing) they would be prepared to sign. -- SOFA - MoD has negotiating authority from the Council of Ministers. They are coordinating inputs from the involved Republic-level ministries to form the basis of their negotiations with us on the text (a process they have said is underway for many months now). With the WMD agreement signed, senior staff at MoD have expressed a strong interest in pushing the SOFA through their processes while the political climate is ripe. DEFMIN Stankovic told press in early April that he would like to conclude a SOFA with the US in June, and a Security Cooperation Agreement (outlined below) in the fall. Assistant Minister for Policy Snezana Markovic reiterated that desire on the margins of the WMD signing, asking if the USG could conclude a SOFA within 4-6 weeks. -- SCA - DEFMIN Stankovic expressed a desire to sign in the fall of 2006. Due to Article 98 provisions and SaM sensitivity to EU objections to Article 98, we have already been told informally by both the MoD and the PM's office that this will be a complicated agreement to sign. Nevertheless, the MoD might opt to champion the agreement within the government, as it understands the IMET and FMF benefits it would unlock. ACTION REQUEST: NEXT STEPS ¶3. (sbu) The WMD signing was a significant step forward for this government and can, we believe, set the stage for negotiating the other agreements in turn. We have contacted the MoD about signing the draft SOFA as provided (i.e., without negotiating language),but since MoD has already received some comments back from line ministries with proposed changes, it is unlikely SaM will be able to accept the draft in toto. If the SaM draft requires bilateral discussion, we will recommend a follow-up visit by PM/SNA Ambassador Loftus or someone from his office at the appropriate time to capitalize on momentum here. Department may want to also consider other ways in which we can engage immediately and visibly with MoD interlocutors to show we are serious about strengthening our bilateral security relationship. The Embassy stands ready to help facilitate necessary travel and communications between USG negotiators and GoSaM counterparts to push these agreements through expeditiously. POLT