GUATEMALA: REQUEST FOR PERMISSION TO NEGOTIATE

C O N F I D E N T I A L GUATEMALA 002080 SIPDIS SIPDIS DEPARTMENT FOR L/PM, PM/RSAT, AND WHA/CEN E.O. 12958: DECL: 10/18/2016 TAGS: MARR KTIA GT SUBJECT: GUATEMALA: REQUEST FOR PERMISSION TO NEGOTIATE AGREEMENT ON DEPLOYMENT OF SOF JCETS REF: STATE 35339 Classified By: DCM David Lindwall, Reason: 1.4 (a) ¶1. (U) This is an action request. Please see paragraph 2. ¶2. (C) Special Operations Command South (SOCSOUTH),a component command of U.S. Southern Command, plans to carry out two Special Operations Forces (SOF) Joint Combined Exercise Training (JCET) deployments to Guatemala in Fiscal Year 2007. Deployed personnel will require diplomatic immunities, tax exemption status, and other SOFA-type provisions. Post requests that Department grant authority to negotiate an agreement with Guatemala, using language proposed in paragraph 4. ¶3. (SBU) The text below is copied from previous agreements for deployment of personnel in medical readiness and peacekeeping training exercises. Based on our experience, we believe that making specific reference to two prior agreements in 1954 and 1955 will allow the GOG to approve this as an executive agreement, thus avoiding the need for Guatemalan Congressional approval. ¶4. (U) (Begin proposed text of diplomatic note) The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs of the Republic of Guatemala and has the honor to refer to recent discussions between representatives of our two governments regarding the status of members of the Armed Forces of the United States who may be temporarily present in Guatemala to conduct Special Operations training with Guatemalan military and police personnel. As a result of these discussions, and with specific reference to the General Agreement of Technical Cooperation between the Government of the United States of America and the Government of the Republic of Guatemala, signed at Guatemala on September 1, 1954, as well as the Military Assistance Agreement between the Government of the United States of America and the Government of the Republic of Guatemala, signed at Guatemala City on June 18, 1955, the Embassy proposes that such personnel be accorded a status equivalent to that accorded to the administrative and technical staff of the Embassy of the United States of America under the Vienna Convention on Diplomatic Relations of April 18, 1961. It shall be the responsibility of United States personnel to respect the laws of Guatemala and to abstain from any activity inconsistent with the spirit of this Agreement. Further, the Embassy proposes that the United States personnel be permitted to enter and exit Guatemala with United States identification and with collective movement or individual travel orders; that authorities of Guatemala shall accept as valid, without a driving fee or test, driving licenses or permits issued by the appropriate United States authorities to United States personnel for the operation of vehicles; and that such personnel be permitted to wear uniforms while performing official duties and to carry weapons when their orders call for it. The Embassy also proposes that the Government of Guatemala accord duty-free importation and exportation, as well as exemption from inspection and taxation on products, property, material, equipment, vehicles, vessels, and aircraft imported into, acquired in or exported from Guatemala by or on behalf of the United States Government or United States personnel in connection with their activities under this Agreement; and that the parties shall cooperate in taking such steps as shall be necessary to ensure the security of United States personnel and property in Guatemala. The Embassy further proposes that vehicles, vessels, and aircraft owned or operated by or for the United States Armed Forces shall not be subject to the payment of landing or port fees, pilotage charges, navigation, overflight or parking charges or lighterage or harbor dues, or other similar fees, while in Guatemala; however, the United States Armed Forces shall pay reasonable charges for services requested and received. Vehicles owned by the United States forces need not be registered, but shall have appropriate identification markings. The Government of Guatemala shall accept as valid professional licenses issued by the appropriate United States Government authorities to United States personnel. Title to United States Government property (such as equipment, material, supplies and other property) imported into or acquired in Guatemala by or on behalf of the United States Government in connection with activities under this agreement shall remain with the United States Government, which may remove such property from Guatemala at any time, free of export duties, taxes and other charges. United States Government and personal property may be removed from Guatemala, or disposed of therein, provided that disposition of such property in Guatemala to persons or entities not entitled to exemption from applicable taxes or duties under this agreement shall be subject to payment of such taxes and duties by such persons or entities. It shall be the responsibility of United States personnel to respect the laws of Guatemala and to abstain from any activity inconsistent with the spirit of this Agreement. Authorities of the United States Government shall take necessary measures to that end. Guatemalan and United States military police investigators shall cooperate in the investigation of any crime believed to have been committed by or against any United States personnel. The Embassy proposes that both governments shall waive any and all claims (other than contractual claims) against each other for damage to loss or destruction of the others property or injury or death to the personnel of either party arising out of the performance of their official duties in connection with their activities under this Agreement. Claims by third parties for damages or loss caused by United States personnel shall be resolved by the United States Government in accordance with United States laws and regulations. In the event that agreed activities involve the use of contractors, the United States Government may award contracts for the acquisition of articles and services in accordance with United States laws and regulations. The United States Government shall have the right to choose such contractors, and United States contractors not normally resident in Guatemala and their employees shall be accorded the same privileges as United States personnel with regard to licensing and registration of vehicles, drivers licenses, and licenses for professional personnel; and with regard to the export, import and acquisition of goods and equipment for official or personal use. Additional arrangements as may be necessary may be entered into by the appropriate authorities of the two governments. If the foregoing is acceptable to the Government of Guatemala, the Embassy proposes that this note, together with the Ministry reply to that effect, shall constitute an Agreement between the two governments, which shall enter into force on the date of the Ministry Note in which the Foreign Ministry of the Republic of Guatemala notifies the Embassy of the United States of America, by diplomatic means, of fulfillment of legal requirements stipulated by internal legislation. The Embassy of the United States of America avails itself of this opportunity to renew to the Foreign Ministry of the Republic of Guatemala the assurances of its highest consideration. (End proposed text) Derham